National Federation of Federal Employees, Local 238 (Union) and Department of the Interior, Bureau of Indian Affairs, Western Nevada Indian Agency, Stewart Indian School, Stewart, Nevada (Activity)
[ v04 p785 ]
04:0785(101)NG
The decision of the Authority follows:
4 FLRA No. 101 NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 238 Union and DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, WESTERN NEVADA INDIAN AGENCY, STEWART INDIAN SCHOOL, STEWART, NEVADA Activity Case No. 0-NG-141 DECISION AND ORDER ON NEGOTIABILITY ISSUE THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5 U.S.C. 7101 ET SEQ.). UNION PROPOSAL ARTICLE 21.11 LABOR MANAGEMENT RELATIONS TRAINING (A) THE EMPLOYER AGREES TO GRANT ADMINISTRATIVE LEAVE TO EMPLOYEES WHO ARE UNION OFFICIALS FOR THE PURPOSE OF ATTENDING UNION SPONSORED TRAINING SESSIONS, PROVIDING THE TRAINING IS OF CONCERN TO THE EMPLOYEES IN THEIR CAPACITIES AS UNION REPRESENTATIVES. ADMINISTRATIVE LEAVE FOR THIS PURPOSE WILL NOT EXCEED 48 HOURS FOR ANY EMPLOYEE WITHIN A 12 MONTH PERIOD. QUESTION HERE BEFORE THE AUTHORITY THE QUESTION IS WHETHER THE UNION'S PROPOSAL TO GRANT UP TO 48 HOURS OF ADMINISTRATIVE LEAVE TO EMPLOYEES WHO ARE UNION OFFICIALS WITHIN A 12 MONTH PERIOD TO ATTEND UNION SPONSORED TRAINING IS WITHIN THE AGENCY'S DUTY TO BARGAIN UNDER THE STATUTE OR, AS ALLEGED BY THE AGENCY, IS OUTSIDE THE DUTY TO BARGAIN BECAUSE IT WOULD V.OLATE STANDARDS ESTABLISHED BY THE COMPTROLLER GENERAL. OPINION CONCLUSION AND ORDER: THE PROPOSAL DOES NOT VIOLATE ANY GOVERNMENT-WIDE RULE OR REGULATION. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10 AS AMENDED BY 45 F.R. 48575), IT IS ORDERED THAT THE AGENCY SHALL UPON REQUEST (OR AS OTHERWISE AGREED BY THE PARTIES) BARGAIN ON THIS PROPOSAL. /1/ REASONS: THE PROPOSAL HEREIN DISPUTE, WHICH WOULD GRANT UP TO 48 HOURS OF ADMINISTRATIVE LEAVE TO UNION OFFICIALS WITHIN A 12 MONTH PERIOD TO ATTEND UNION SPONSORED TRAINING, BEARS NO MATERIAL DIFFERENCE FROM SIMILAR PORTIONS OF THE UNION PROPOSAL WHICH WAS BEFORE THE AUTHORITY IN NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 951 AND DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID-PACIFIC REGIONAL OFFICE, SACRAMENTO, CALIFORNIA, 3 FLRA NO. 128 (1980) AND HELD TO BE WITHIN THE DUTY TO BARGAIN UNDER THE STATUTE. IN THAT CASE THE AUTHORITY, REJECTING AN ARGUMENT IDENTICAL TO THAT RELIED UPON BY THE AGENCY HERE (I.E., THAT THE PROPOSAL WOULD VIOLATE STANDARDS ESTABLISHED BY THE COMPTROLLER GENERAL), DETERMINED THAT THE RELEVANT PORTIONS OF THE UNION PROPOSAL AUTHORIZING OFFICIAL TIME FOR UNION SPONSORED TRAINING DID NOT VIOLATE ANY GOVERNMENT-WIDE RULE OR REGULATION. /2/ THEREFORE, BASED ON THE REASONS SET FORTH IN GREATER DETAIL IN DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION, THE PROPOSAL HEREIN DISPUTE MUST ALSO BE HELD NOT TO VIOLATE ANY APPLICABLE GOVERNMENT-WIDE RULE OR REGULATION. ISSUED, WASHINGTON, D.C., DECEMBER 22, 1980 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY CERTIFICATE OF SERVICE COPIES OF THE DECISION OF THE FLRA IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE PARTIES LISTED: MR. ROBERT JAMES PRESIDENT, LOCAL 238 NATIONAL FEDERATION OF FEDERAL EMPLOYEES BOX 218 STEWART, NEVADA 89437 MR. MORRIS A. SIMMS DIRECTOR OF PERSONNEL OFFICE OF THE SECRETARY DEPARTMENT OF THE INTERIOR WASHINGTON, D.C. 20240 HONORABLE CECIL D. ANDRUS SECRETARY OF THE INTERIOR WASHINGTON, D.C. 20240 --------------- FOOTNOTES$ --------------- /1/ IN SO DECIDING THAT THE SUBJECT PROPOSAL IS WITHIN THE DUTY TO BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE PROPOSAL. /2/ THE PORTION OF THE PROPOSAL FOUND TO BE NOT WITHIN THE DUTY TO BARGAIN IN THE DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION CASE IS NOT ENCOMPASSED BY THE PROPOSAL AT ISSUE BEFORE THE AUTHORITY IN THIS CASE.