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57 FLRA No. 91
Dept. of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, South Carolina and NAGE, Local R5-136, SEIU, AFL-CIO and NAGE, Local R5-150, SEIU, AFL-CIO, Case Nos. AT-CA-90904, 00003, 00004, 00005, 00006, 00007, 00009 (Decided September 26, 2001)
The consolidated complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by failing to recognize and refusing to deal with a National Association of Government Employees (NAGE) National Representative, as the designated representative of NAGE Locals R5-136 and R5-150 (Unions). The complaint also alleged that the Respondent's failure to recognize the National Representative as the Unions' representative constituted an independent violation of § 7116(a)(1) of the Statute. The Authority denied the exceptions, adopted the Judge's findings and affirmed the Judge's determination that the Respondent committed an unfair labor practice.
The Authority concluded that the Judge correctly interpreted Article 9 of the Master Agreement Pertaining to Local R5-136. The Authority also upheld the Judge's credibility determination with respect to the National Representative. In this regard, the Authority noted that it will not overrule a judge's credibility determination unless a clear preponderance of all relevant evidence demonstrates that the determination was incorrect. Here, the Authority found that a clear preponderance of all the relevant evidence did not demonstrate that the Judge's credibility determination was incorrect. Therefore, the exception was denied.
The Authority also concluded that the Judge's interpretation of the parties' master agreement was fully supported by the record. Also, the Authority found that the Judge correctly concluded that the Unions' statutory right to designate the national representative had not been waived through an established past practice. Lastly, the Authority found that the Judge correctly concluded that the Unions' statutory right to file unfair labor practice charges had not been waived in the parties' master agreements.