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60 FLRA No. 69
U. S. Dept. of Veterans Affairs Medical Center, Leavenworth, Kansas and NFFE, Local 1765 Case No. DE-CA-01-1043 (Decided October 8, 2004)
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor- Management Relations Statute by failing to notify the Union and bargain before reassigning two registered nurses (RN A and RN B). The complaint also alleged that the Respondent violated § 7116(a)(1) and (2) of the Statute by reassigning RN A in retaliation for her protected activity. The Judge found that the effect of the reassignments was de minimis and that the GC failed to establish a prima facie case of illegal retaliation. Therefore, the Judge dismissed the complaint.
Upon consideration of the Judge's decision and the entire record, the Authority concluded that the Judge erred by finding that the change in conditions of employment was de minimis. However, the Authority adopted the Judge's findings and conclusion that the GC did not establish a prima facie case of illegal retaliation. The GC's proposed Notice was adopted, as modified consistent with this decision