Mitchell lll, Olaver B.

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Dear Mr. Mitchell:

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SF CA 10 0092 VA LA Mitchell conf ltr.doc

Attached is a letter confirming the facts in this case.

Sincerely,

Senior Labor Relations SpecialistFLRA, San Francisco Region

Diamond Bar Satelite Office

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Mitchell lll, Oliver B.0 3:57 PM

SF CA 1O OO92

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United Sfafes of AmericaFederal Labor Relations Authority

San Francisco Region

Di amona Aa riatet I ite Offi cefax

April 14,2010

Via email attachmentOliver MitchellP.O. Box 1912Long Beach, CA 90801Ol iver. Mitchel I 1 1 1 @va. gov

U.S. Department of Veterans AffairsLos Angeles, CaliforniaCase No. SF-CA-10-0092

Dear Mr. Mitchell:

This letter concerns the investigation of the captioned case.

The charge, as clarified, alleges that management of the Activity violated sections7116(a)(1) and (4) of the Federal Service Labor Management Relations Statute(Statute), when you were detailed in retaliation and reprisal for the exercise of your rightto join and participate in the Union, and for any EEO and OIG related activity.

You are an employee of the VA, Greater Los Angeles Healthcare System (GLAHS), inLos Angeles, California, and a Patient Services Assistant, lmaging Department. Prior tofiling this charge, you have never filed a ULP charge, or given any information ortestimony under the Statute. ln the six months prior to and leading up to the filing ofthis unfair labor practice (ULP) charge, your Union activity has consisted of AmericanFederation of Government Employees, Local 1061 , (AFGE Local 1061 or Union), AFL-CIO Vice President-representation of you in regards to your OIG andEEO complaint, and-lhe resuiiffiinvestigation. On March24,2009, you filed an OIG

Complaint with the VA for Substandard Healthcare, Misuse, Abuse of Authority, and

Fraud. On April 14,2OO9, you filed an EEO complaint with the VA Office of ResolutionManagement for discrimination based on race, color, gender, and hostile workenvironment.

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uesting to meet with them on June 3 to discuss matters pertaining to theEEO complaint you filed. On June 5, 2009, you were summoned to a meeting with Dr.

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you were informed that you were going to be detailed the followingMonday. You requested Union representation before continuing with the meeting. Dr.

You left the meeting and went to theavailable. You told Dr.

lobbyto call Ms.I Ms.Iwas nott no one was available, and again stated that you

I,Oid not respond to your request, and asked you to s^ign some papers. You;gain requested Union representation before continuing. Dr.I}did not respond.

wanted a Union representative before continuing. Labor RelationsSpecialist, who was standing near the door, told you that you did not have to talk to Dr.

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but you could talk to him. You asked who he was, and after he stated hisname and position, you told him that you could not speak with him without Unionrepresentation. You phoned the Union office again, but no one was available.

You again left the meeting and went to the Union office to seek assistance. There you

met with Ms.Iand informed her of the situation and management's refusal toallow you Union representation. Ms.Inotified Dr. Chief of Staff viaemail of the situation. Dr.Ifresponded via email that he was told that the Unionwouldbethere.Ms.ffidyouthatthelettersofDetailandAuthorizedAbsence Dr.Iwas trying to give you were valid, and they would be addressedonce you returned from leave.

When you returned to your desk, Supervising Diagnostic Radiological Technologistave you some papers and stated that

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said to give this to you,

and that you have been served. These documents concerned your being temporarilydetailed to Primary and Ambulatory Care beginning June 8, in Building 500, pending thecompletion of an investigation into allegations of inappropriate conduct. You were alsonotified that you would be on authorized absence effective noon that day until yourdetail on June 8. You were asked to contact Mr.Iif you had any questions.You immediately called Ms.f!)and informed her of what happened, and also toldher that you were packing up your belongings and would be leaving. Ms.Ireturned your call, and told you that Ms.Ihad called her and said that she wasgoingtoiallthePolicetohiveyouthrofifr5rYousentanemailtoDr.finforming her that you would not accept the papers attempted to be served on you, you

found the acts to be hostile, and you would call the Police. You cited Article 46, Section2C of the CBA which you say states that the Department will not restrain, coerce,discriminate against, or interfere with any union representative or employee in the

exercise of his/her rights.

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that he was too busy for you anffirred you to the Union, when you asked if he would

providemoredetailionyourdetail.YouassertthatMr.refusedtocooperateby failing to provide any details concerning the June 5 letter of your detail. Since you

were unable to talk with MrIIon June 23, you sent an emaillg_l4t Iasking if she had a copy of the procedures for "Fact Finding." ltls.Iid notrespond. You assert that management has failed to cooperate by refusing to provideany details.

On July 24, you state that Mr.Icame to your work area and stood less than fivefeet from you and stared at you. He walked off then returned and walked past youagain while staring at you, then turned around and walked past you again. You calledrvr-s-oinformherofMr.Ebehavior,andshetoldyouthatMr.Ihad just called her to schedule a Fact Finding meeting for July 28.

At the July 28 faclfinding interview session with Mr.Iand Mr.I you statedthat you would not answer any questions. You submitted a "Conflict of lnterest" letteraddressedtotheVA,GLAHSDirector}nd-tnyour|etteryoudiscussed that there was a conflict of interest, in that the same individuals whom youhad a complaint about were now investigating you. You requested information tosupport the charges of inappropriate conduct against you, and stated that you wereinvoking your right to remain silent, and requested that all questions pertaining to theFact Finding be provided in writing. You believe that through his actions on July 24, Mr.

Iffsought to intimidate you.

onJuly29,Mr.DsentalettertoMs.}SyourrepreSentative,askinghertosecure your cooperation to participate in the fact finding process concerning allegationsof a hostile work environment and inappropriate conduct exhibited by employees of theVA, and also seeking your cooperation in order to investigate your EEO claim ofworkplaceharassment.Mr.}tatedinhisletterthatyouWereobligatedtoparticipate in the fact finding process, and employees could be subject to disciplinaryaction for refusing to participate in the fact finding process. Mr.Iconcluded hisletter by stating that the Agency was obligated to proceed with the fact findinginvestigation, as well as respond to the EEO claims, and would like to have yourparticipation.Mr.E9!qd&-oreSerVetheafternoonsofAugust3andb for your participation. Mi.-ttacheO to his letter the table of penalties fromthe VA Handbook, and the GLA Common Standards of Conduct. You believe that Mr.

-entthislettertoMs.Inanefforttointimidateyou.Yourespondedtoltlt,.Iuly29letterwithaletteroftheSamedateaddressedto tr-/ls

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Ms I ln vour letter you discussed the conflict of interestcreateffit6e investigation, when those individuals you named in your complaints areattempting to investigate your complaints. You again called for the removal of theconflict of interest. That same day, you sent a letter to the US Office of SpecialCounsel entitled Reguestfor lntervention in Delay of Adverse Action. ln your letter, you

recounted how Mr.Ilfecommended that you be reprimanded or removed forrefusal to cooperate, anO claimed that over the past 18 months you have received

threats of bodily and physicat harm, termination, reassignment, for exercising your right

to file EEO & OIG complaints.

You and Ms llmet with Mr.Ifor the Fact Finding on August 5. You toldMr.EhatyouWerenotabIetocomplywithhisrequestforinformationduetotheconflictofinterest.YoualsoinformedMr.Ehatyourequestedaninterventionin delay of adverse action from the Office of Special Counsel (OSC), and that due to hiscontinued harassment and written threat of reprimand and/or termination, you would befi|ingaULPcharge.Ms}skedyoutowaitoutsideforher.AfterherconVerSationwithMr.ItsMr.r1|IJwalkedoVertowhereyouWeresittinginthe lobby and stood above you, placing his feet firmly against the tip of your toes andstated "are you going to tell me who your contact is at OSC" while he was clutching hisfist, shrugging his shoulders and breathing heavily." You said nothing, and Mr.IIeventually backed off and returned to the office. The meeting ended when youreturned to the office and told Mr.Ithat you would make no further comments.

On August 7, you received a letter detailing your for another 60 days. You submitted arebuttal letter dated August 8 to the Human Resources office. ln your letter you statedthat you would continue to invoke your right to remain silent, and the right to contact theOSC.

On September 1, you sent an email to andActing Human Resources Manager, about Mr. ,behavior at the Augustmeeting, and requested that all subsequent meetings be held in a public space. Youstated that you did not contact the VA police because in the past, you were turned awaywithoutbeingabletofileareport.Ms.]epliedtoyoubyletteroftheSamedate,but received on September 8, explaining that fact finding is essential, to date, nodisciplinary or adverse action has been proposed, management has an obligation toinvestigate the allegations of a hostile work environment, and present you with anopportunity to clarify your concerns about the work environment, and your refusal toparticipate was not in keeping with expected standards of conduct for GLA employees.boncerning the conduct of Mr.I Mt.Istated that she was not aware ofanyreportiboutMr.@tiletjTiiFTtreVApolicebyyouorMs.IOn September 18, you responded to Ms.Ifetter, pointing out what you believedto be misconceptions in her Ietter. On September 30, you received a reply from Ms.

I She encouraged you to contact the VA police if you feel threatened, and

ffiedacopyoftheGLpolicyconcerningviolenceintheworkplace.SheaIsosuggested that you contact lVtr.Iif you had further questions concerning your

employment with GLA.

On October 6, you responded to Ms.Iletter, and reminded her of theresponsibility to investigate complaints of violence.

On October 13, you sent an email to Mr.Ito inquire aboutthe expiration of your

second detail, which should have expired October 5. You received an email from Mr.

ing that your detail was extended for another 30 days.

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On November 16, you emailed Mr.-Fnd Ms.Iebout the expiration of yourdetail. Shortly thereafter, you received a Continuation of Detail letter. You sent Mr.

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email seekingclarification for the extension of your detail. Mr.Iresponded that he understood that your detail was extended due to the issues you

raised with Ms.IlYou assert that as of January 2}1},you have been on detail for 211 day, andmanagement is only allowed 180 days to conduct a formal investigation ofdiscrimination. Management also failed to disclose the nature of the complaint orattegation, failed to provide any of the information you requested of them, such assupervisor notes, statements, witnesses, documents, etc. for the actions taken againstyou (the detail), and it is your opinion that management is using the detail as a meansof punishment for the exercise of your rights to join and participate in the Union, and forany EEO and OIG related activity.

lf the above facts are in error, you may correct this statement and send your correction

to me by fax no later than April 16,2010. lf the facts as described are accurate and

complete, there is no further action you need to take. This statement will be consideredby the FLRA Regional Director in deciding this case.

Thank you for your cooperation.

Sincerely,

Sr. Labor Relations Specialist

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