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  • NG (8-16-2019) Smoke-Free Policy : Favorable FLRA Decision
    Updated On: Dec 27, 2021

    Pursuant to a July 2008 MOU negotiated by NVAC, the Agency is required to provide AFGE bargaining unit employees with “reasonably accessible designated smoking areas.” This MOU has remained in full force and effect for more than a decade. In early 2019, the Agency sought to renegotiate this MOU so that it could implement a “smoke-free” policy at health care facilities. NVAC refused to renegotiate the MOU because we were not required to do so. Still, the Agency implemented the policy in repudiation of our MOU, and in August 2019, NVAC filed a National Grievance. 

    In November 2020, Arbitrator Mary Bass sustained the Grievance in full and ordered the Agency to do the following: 

    1. rescind and cease and desist further implementation of the VHA Directive 1085.01 as applied to AFGE BUEs,
    2. take “any and all steps necessary” to fully comply with the July 2008 MOU, and
    3. for the Deputy Under Secretary for Health and Operations Management (DUSHOM) to sign and email a remedial notice posting to all AFGE BUEs in light of the Agency’s unfair labor practice. 

    Following the award, the Agency filed exceptions with the FLRA, which were pending for more than one year. We are now pleased to report that the FLRA denied the VA’s exceptions and upheld the arbitration award in favor of NVAC. On December 10, the FLRA issued its decision denying or dismissing each of the Agency’s exceptions and finding that the arbitration award was consistent with law, our contract, and the factual record. A copy of the FLRA decision is attached for your reference. 

    The NVAC Legal Team will continue to take all steps necessary to enforce the arbitration award and FLRA decision. We will provide further updates as they become available. 

    Thank you,

    Alma L. Lee, National VA Council, President


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