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57 FLRA No. 92
U.S. Dept. of Veterans Affairs and National Association of Government Employees, Local R5-136, SEIU, AFL-CIO, Case No. AT-CA-90578 (Decided September 26, 2001)
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by refusing to permit an attorney to represent the grievant at a step two grievance meeting. The Judge found that the Respondent did not violate the Statute, as alleged, and accordingly recommended dismissing the complaint.
After reviewing the entire record, the Authority adopted the Judge's findings, conclusions, and recommended order to the extent consistent with this decision, and found that Respondent did commit an unfair labor practice. The Authority concluded that Article 47 of the parties' master bargaining agreement did not limit union representation at step two grievance meetings. The Authority also concluded that the parties did not waive their statutory rights to file unfair labor practice charges.