[ v03 p496 ]
03:0496(78)PS
The decision of the Authority follows:
3 FLRA No. 78 Case No. 0-PS-16 DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR GUIDANCE THE AUTHORITY RECEIVED A REQUEST FROM THE NATIONAL TREASURY EMPLOYEES UNION THAT THE AUTHORITY ISSUE A GENERAL STATEMENT OF POLICY CONCERNING THE INTERPRETATIONS OF SECTION 7131(D) OF THE STATUTE. /1/ ACCORDING TO THE REQUEST, THE SPECIFIC MATTER AT ISSUE IS THE FOLLOWING: WHETHER EMPLOYEES WHO ARE ON OFFICIAL TIME UNDER 5 U.S.C. SECTION 7131(D) WHILE REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR IN CONNECTION WITH OTHER MATTERS COVERED BY 5 U.S.C. CHAPTER 71, ARE ENTITLED TO PAYMENTS FROM AGENCIES FOR THEIR TRAVEL AND PER DIEM EXPENSES. THE AUTHORITY HAS CAREFULLY CONSIDERED THIS REQUEST AND DETERMINED THAT THE REQUEST DOES NOT SATISFY THE STANDARDS GOVERNING THE ISSUANCE OF GENERAL STATEMENTS OF POLICY AND GUIDANCE SET FORTH IN SECTION 2427.5 OF THE AUTHORITY'S RULES AND REGULATIONS, 45 FED. REG. 3516(1980), WHICH PROVIDE IN PERTINENT PART: SECTION 2427.5 STANDARDS GOVERNING ISSUANCE OF GENERAL STATEMENTS OF POLICY AND GUIDANCE. IN DECIDING WHETHER TO ISSUE A GENERAL STATEMENT OF POLICY OR GUIDANCE, THE AUTHORITY SHALL CONSIDER: (A) WHETHER THE QUESTION PRESENTED CAN MORE APPROPRIATELY BE RESOLVED BY OTHER MEANS. . . . THE MATTER RAISED IN THE REQUEST CAN BE MORE APPROPRIATELY RESOLVED BY OTHER MEANS. MORE PARTICULARLY, THE AUTHORIZATION OF OFFICIAL TIME FOR PURPOSES DESCRIBED IN SECTION 7131(D) OF THE STATUTE IS A MATTER SUBJECT TO NEGOTIATION UNDER THE PROVISIONS OF THAT SECTION. THE QUESTION PRESENTED RELATES TO THE MATTER OF THE ENTITLEMENT OF EMPLOYEES TO PAYMENT FOR THEIR TRAVEL AND PER DIEM EXPENSES IN CONNECTION WITH SUCH OFFICIAL TIME, AND DERIVES FROM AND IS IMMEDIATELY RELATED TO THIS NEGOTIABLE MATTER, AND CAN MORE APPROPRIATELY BE RESOLVED IN PROCEDURES SET FORTH IN THE STATUTE AND PERTINENT REGULATIONS FOR REVIEW OF NEGOTIABILITY DISPUTES. ACCORDINGLY, THE REQUEST FOR A GENERAL STATEMENT OF POLICY MUST BE DENIED. ISSUED, WASHINGTON, D.C., JUNE 27, 1980 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY /1/ SECTION 7131(D) PROVIDES AS FOLLOWS: (D) EXCEPT AS PROVIDED IN THE PRECEDING SUBSECTIONS OF THIS SECTION-- (1) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR (2) IN CONNECTION WITH ANY OTHER MATTER COVERED BY THIS CHAPTER, ANY EMPLOYEE IN AN APPROPRIATE UNIT REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE, SHALL BE GRANTED OFFICIAL TIME IN ANY AMOUNT THE AGENCY AND THE EXCLUSIVE REPRESENTATIVE INVOLVED AGREE TO BE REASONABLE, NECESSARY, AND IN THE PUBLIC INTEREST.