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58 FLRA No. 61
U. S. Dept. of Veterans Affairs, Washington Regional Office and AFGE, Local 25, AFL-CIO, WA-CA-00229 (Decided December 23, 2002)
The Judge concluded that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by implementing an operations policy without completing bargaining.
The Authority adopted the Judge's findings, conclusions and recommended Order. In so doing, the Authority rejected the Respondent's claim that its sincere resolve to reach an agreement during bargaining demonstrated that it fulfilled its duty to bargain in good faith under the Statute. The Authority noted that although parties must approach negotiations with a sincere resolve to reach an agreement, § 7114(b)(1), an agency, nevertheless, violates the Statute by changing conditions of employment without completing bargaining. Here, the Judge found, and the record demonstrated, that the Respondent implemented the disputed policy without completing bargaining.