DEPARTMENT OF THE AIR FORCE LANGLEY AIR FORCE BASE LANGLEY AIR FORCE BASE, VIRGINIA and LOCAL R4-106, NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, SEIU, AFL-CIO
In the Matter of )
DEPARTMENT OF THE AIR FORCE )
LANGLEY AIR FORCE BASE )
LANGLEY AIR FORCE BASE, )
and ) Case No. 91 FSIP 029
LOCAL R4-106, NATIONAL )
ASSOCIATION OF GOVERNMENT )
EMPLOYEES, SEIU, AFL-CIO )
Local R4-106, National Association of Government Employees, SEIU, AFL-CIO (Union), filed a request for assistance with the Federal Service Impasses Panel (Panel) pursuant to the Federal Employees Flexible and Compressed Work Schedules Act of 1982, 5 U.S.C. §§ 6120-6133 (1988) (Act) to resolve an impasse arising from the determination of the Department of the Air Force, Langley Air Force Base, Langley Air Force Base, Virginia (Employer) not to establish a compressed work schedule.
The Panel determined that the impasse should be resolved on the basis of written submissions from the parties, with the Panel to take final action in accordance with section 6131 of the Act and section 2472.12 of its regulations. Submissions were made pursuant to these procedures and the Panel has now considered the entire record.
The Employer is the home base of the 1st Tactical Fighter Wing. Its mission of air space defense requires the ability to mobilize on short notice for deployment in response to hostile aggression. The Union represents 2 separate bargaining units (one professional and one non-professional) of approximately 2,000 employees who provide support for this effort; they are covered bye a single collective-bargaining agreement. The instant dispute arose as a result of negotiations for a new contract; the prior agreement was to expire on July 22, 1988, but remains in effect until a successor is implemented.
Although the parties reached agreement on their successor at the local level, the Employer has refused to implement the new contract because the agency head determined that an agreed-to 4-10 alternative work schedule (AWS) provision would have an adverse agency impact. In making this determination, the Employer relies on section 6131 of the Act.1/ Thus, in considering this matter, the Panel is required to "take final action in favor of the agency's determination if the finding is supported by evidence that the schedule is likely to cause an adverse agency impact."2/
ISSUE AT IMPASSE