Interpretation and Guidance

 



[ v02 p265 ]
02:0265(31)PS
The decision of the Authority follows:


 2 FLRA No. 31
 
                                            Case Nos. 0-PS-3 and 0-PS-6
 
    INTERPRETATION AND GUIDANCE
 
    AS PREVIOUSLY ANNOUNCED, /1/ THE AUTHORITY DETERMINED, IN CONFORMITY
 WITH ITS RULES AND REGULATIONS AND THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (92 STAT. 1191), THAT AN INTERPRETATION OF THE STATUTE
 WAS WARRANTED ON THE FOLLOWING:
 
    1) WHETHER EMPLOYEES WHO ARE ON OFFICIAL TIME UNDER SECTION 7131 OF
 THE STATUTE
 
    REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE NEGOTIATION OF A
 COLLECTIVE BARGAINING
 
    AGREEMENT ARE ENTITLED TO PAYMENTS FROM AGENCIES FOR THEIR TRAVEL AND
 PER DIEM EXPENSES.
 
    2) WHETHER THE OFFICIAL TIME PROVISIONS OF SECTION 7131(A) OF THE
 STATUTE ENCOMPASS ALL
 
    NEGOTIATIONS BETWEEN AN EXCLUSIVE REPRESENTATIVE AND AN AGENCY,
 REGARDLESS OF WHETHER SUCH
 
    NEGOTIATIONS PERTAIN TO THE NEGOTIATION OR RENEGOTIATION OF A BASIC
 COLLECTIVE BARGAINING
 
    AGREEMENT.
 
    CONCURRENTLY, THE AUTHORITY INVITED INTERESTED PERSONS TO EXPRESS
 THEIR VIEWS IN WRITING WITH RESPECT TO THE ABOVE MATTERS, INCLUDING THE
 IMPACT, IF ANY, OF SECTION 7135(A)(1) OF THE STATUTE (92 STAT. 1215) ON
 THESE MATTERS.  THE RESPONSES SUBMITTED TO THE AUTHORITY WERE MOST
 THOROUGH AND HELPFUL AND HAVE BEEN CAREFULLY CONSIDERED.  IN VIEW OF THE
 DEPTH AND SCOPE OF THESE SUBMISSIONS, THE AUTHORITY HAS DETERMINED THAT
 NO USEFUL PURPOSE WOULD BE SERVED BY PROVIDING FOR AN ORAL PRESENTATION
 OF VIEWS.
 
    SECTION 7131 OF THE STATUTE
 
    AS INDICATED ABOVE, BOTH MATTERS AT ISSUE PERTAIN TO SECTION 7131 OF
 THE STATUTE (92 STAT. 1214), WHICH READS AS FOLLOWS:
 
    SEC. 7131.  OFFICIAL TIME
 
    (A) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF A
 
    COLLECTIVE BARGAINING AGREEMENT UNDER THIS (STATUTE) SHALL BE
 AUTHORIZED OFFICIAL TIME FOR
 
    SUCH PURPOSES, INCLUDING ATTENDANCE AT IMPASSE PROCEEDING, DURING THE
 TIME THE EMPLOYEE
 
    OTHERWISE WOULD BE IN A DUTY STATUS.  THE NUMBER OF EMPLOYEES FOR
 WHOM OFFICIAL TIME IS
 
    AUTHORIZED UNDER THIS SUBSECTION SHALL NOT EXCEED THE NUMBER OF
 INDIVIDUALS DESIGNATED AS
 
    REPRESENTING THE AGENCY FOR SUCH PURPOSES.
 
    (B) ANY ACTIVITIES PERFORMED BY ANY EMPLOYEE RELATING TO THE INTERNAL
 BUSINESS OF A LABOR
 
    ORGANIZATION (INCLUDING THE SOLICITATION OF MEMBERSHIP, ELECTIONS OF
 LABOR ORGANIZATION
 
    OFFICIALS, AND COLLECTION OF DUES) SHALL BE PERFORMED DURING THE TIME
 THE EMPLOYEE IS IN A
 
    NON-DUTY STATUS.
 
    (C) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION, THE
 AUTHORITY SHALL DETERMINE
 
    WHETHER ANY EMPLOYEE PARTICIPATING FOR, OR ON BEHALF OF, A LABOR
 ORGANIZATION IN ANY PHASE OF
 
    PROCEEDINGS BEFORE THE AUTHORITY SHALL BE AUTHORIZED OFFICIAL TIME
 FOR SUCH PURPOSE DURING THE
 
    TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY STATUS.
 
    (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 (STATUTE),
 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.
 
    WE TURN TO THE APPLICATION OF THE ABOVE-QUOTED PROVISIONS, AND
 PARTICULARLY SECTION 7131(A), TO THE MATTERS HERE IN QUESTION.  FOR
 CONVENIENCE OF DISCUSSION, WE SHALL CONSIDER THE QUESTIONS IN REVERSE
 ORDER.
 
    NATURE OF NEGOTIATIONS TO WHICH OFFICIAL TIME APPLIES
 
    THE SECOND OF THE TWO MATTERS AT ISSUE IS THE FOLLOWING:
 
    WHETHER THE OFFICIAL TIME PROVISIONS OF SECTION 7131(A) OF THE
 STATUTE ENCOMPASS ALL
 
    NEGOTIATIONS BETWEEN AN EXCLUSIVE REPRESENTATIVE AND AN AGENCY,
 REGARDLESS OF WHETHER SUCH
 
    NEGOTIATIONS PERTAIN TO THE NEGOTIATION OR RENEGOTIATION OF A BASIC
 COLLECTIVE BARGAINING
 
    AGREEMENT.
 
    SECTION 7131(A) EXPRESSLY STATES IN RELEVANT PART THAT "(A)NY
 EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE NEGOTIATION OF
 A COLLECTIVE BARGAINING AGREEMENT UNDER THIS (STATUTE) SHALL BE
 AUTHORIZED OFFICIAL TIME FOR SUCH PURPOSES, INCLUDING ATTENDANCE AT
 IMPASSE PROCEEDING(S)." THIS SECTION THUS PROVIDES THAT WHEN AN
 EXCLUSIVE REPRESENTATIVE AND AN AGENCY UNDERTAKE THE NEGOTIATION OF A
 "COLLECTIVE BARGAINING AGREEMENT," AN EMPLOYEE REPRESENTING THE
 EXCLUSIVE REPRESENTATIVE IN THAT UNDERTAKING MUST BE AUTHORIZED OFFICIAL
 TIME FOR SUCH PURPOSES.
 
    IN THIS CONNECTION, THE PHRASE" COLLECTIVE BARGAINING AGREEMENT" IN
 SECTION 7131(A) IS DEFINED AT SECTION 7103(A)(8) (92 STAT. 1193), AS
 FOLLOWS:
 
    (8) "COLLECTIVE BARGAINING AGREEMENT" MEANS AN AGREEMENT ENTERED INTO
 AS A RESULT OF
 
    COLLECTIVE BARGAINING PURSUANT TO THE PROVISIONS OF THIS (STATUTE).
 
    THE PHRASE, "COLLECTIVE BARGAINING," IN TURN, IS DEFINED IN SECTION
 7103(A)(12) (92 STAT. 1194) AS FOLLOWS:
 
    (12) "COLLECTIVE BARGAINING" MEANS THE PERFORMANCE OF THE MUTUAL
 OBLIGATION OF THE
 
    REPRESENTATIVE OF AN AGENCY AND THE EXCLUSIVE REPRESENTATIVE OF
 EMPLOYEES IN AN APPROPRIATE
 
    UNIT IN THE AGENCY TO MEET AT REASONABLE TIMES AND TO CONSULT AND
 BARGAIN IN A GOOD-FAITH
 
    EFFORT TO REACH AGREEMENT WITH RESPECT TO THE CONDITIONS OF
 EMPLOYMENT AFFECTING SUCH
 
    EMPLOYEES AND TO EXECUTE, IF REQUESTED BY EITHER PARTY, A WRITTEN
 DOCUMENT INCORPORATING ANY
 
    COLLECTIVE BARGAINING AGREEMENT REACHED, BUT THE OBLIGATION REFERRED
 TO IN THIS PARAGRAPH DOES
 
    NOT COMPEL EITHER PARTY TO AGREE TO A PROPOSAL OR TO MAKE A
 CONCESSION(.)
 
    IT IS APPARENT FROM THE SPECIFIC LANGUAGE IN THESE DEFINITIONS THAT A
 "COLLECTIVE BARGAINING AGREEMENT" IS ANY AGREEMENT THAT IS ENTERED INTO
 AS A RESULT OF THE PERFORMANCE OF THE MUTUAL OBLIGATION OF THE PARTIES
 TO BARGAIN IN A GOOD-FAITH EFFORT TO REACH AGREEMENT WITH RESPECT TO
 CONDITIONS OF EMPLOYMENT AFFECTING EMPLOYEES IN THE APPROPRIATE UNIT.
 CONSEQUENTLY, THE LANGUAGE REFLECTS THE INTENT OF CONGRESS THAT THE
 ENTITLEMENT OF OFFICIAL TIME UNDER SECTION 7131(A) WOULD ENCOMPASS ALL
 NEGOTIATIONS BETWEEN AN EXCLUSIVE REPRESENTATIVE AND AN AGENCY,
 REGARDLESS OF WHETHER SUCH NEGOTIATIONS PERTAIN TO THE NEGOTIATION OR
 RENEGOTIATION OF A BASIC COLLECTIVE BARGAINING AGREEMENT.
 
    SUCH CONCLUSION AS TO THE INTENT OF CONGRESS IS SUPPORTED BY THE
 LEGISLATIVE HISTORY OF SECTION 7131(A) OF THE STATUTE.  MORE
 PARTICULARLY, SECTION 7131(A) IS IDENTICAL TO SECTION 7132(A) OF THE
 BILL (H.R. 11280) REPORTED TO THE HOUSE BY THE HOUSE POST OFFICE AND
 CIVIL SERVICE COMMITTEE.  /2/ IN ADOPTING THE PROVISIONS IN SECTION
 7132(A) OF THE HOUSE BILL, CONGRESS REJECTED THE RELEVANT LANGUAGE IN
 SECTION 7232 OF THE BILL (S. 2640) REPORTED TO THE SENATE BY THE SENATE
 GOVERNMENTAL AFFAIRS COMMITTEE.  /3/ THAT SECTION OF THE SENATE BILL HAD
 SOUGHT, IN EFFECT, TO MAINTAIN THE RESTRICTIONS IMPOSED UPON THE USE OF
 OFFICIAL TIME FOR NEGOTIATIONS BY EMPLOYEES REPRESENTING UNIONS AS
 ESTABLISHED IN E.O. 11491, AS AMENDED.
 
    SIGNIFICANTLY, AS TO SECTION 7232 OF THE SENATE BILL, THE SENATE
 COMMITTEE REPORT HAD STATED THAT IT APPLIED "TO THE NEGOTIATION OR
 RENEWAL OF A BASIC COLLECTIVE BARGAINING AGREEMENT, AS OPPOSED TO
 NEGOTIATIONS WHICH ARISE OUT OF CIRCUMSTANCES DURING THE TERM OF THE
 BASIC AGREEMENT".  /4/ THE HOUSE BILL WHICH WAS ADOPTED BY CONGRESS
 CONTAINS WHOLLY DIFFERENT PROVISIONS ON THE RELEVANT SUBJECT OF OFFICIAL
 TIME, AND THERE IS NO INDICATION WHATSOEVER THAT CONGRESS INTENDED TO
 LIMIT THE USE OF OFFICIAL TIME TO THE NEGOTIATION OF BASIC AGREEMENTS AS
 CONTEMPLATED BY THE REJECTED LANGUAGE OF THE SENATE BILL.
 
    THUS, THE LEGISLATIVE HISTORY DEMONSTRATES THAT CONGRESS INTENDED,
 CONSISTENT WITH THE SPECIFIC LANGUAGE OF SECTION 7131(A) AND THE RELATED
 DEFINITIONS IN SECTION 7103(A)(8) AND (12), THAT THE ENTITLEMENT OF
 OFFICIAL TIME UNDER SECTION 7131(A) WOULD APPLY WHENEVER THE PARTIES
 UNDERTAKE THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT.
 
    APART FROM THE LITERAL LANGUAGE AND LEGISLATIVE HISTORY OF SECTION
 7131(A) OF THE STATUTE, THE CONCLUSION THAT CONGRESS INTENDED THAT
 OFFICIAL TIME APPLY TO THE NEGOTIATION OF ANY COLLECTIVE BARGAINING
 AGREEMENT IS SUPPORTED BY THE EXPRESS FINDINGS AND PURPOSE OF THE
 STATUTE AS STATED IN SECTION 7101(A), NAMELY, THAT "LABOR ORGANIZATIONS
 AND COLLECTIVE BARGAINING IN THE CIVIL SERVICE ARE IN THE PUBLIC
 INTEREST." CERTAINLY, IT WOULD IMPLEMENT THE ENDS OF COLLECTIVE
 BARGAINING TO SANCTION OFFICIAL TIME FOR ALL NEGOTIATIONS BETWEEN AN
 EXCLUSIVE REPRESENTATIVE AND AN AGENCY, REGARDLESS OF WHETHER SUCH
 NEGOTIATIONS PERTAIN TO THE NEGOTIATION OR RENEGOTIATION OF A BASIC
 COLLECTIVE BARGAINING AGREEMENT.  FOR ONLY IN SUCH MANNER MAY EFFECTIVE
 UNION REPRESENTATION COMPARABLE TO THE REPRESENTATION OF MANAGEMENT BE
 ACHIEVED UNDER THE STATUTE, AND ONLY IN THIS MANNER MAY BOTH PARTIES
 EFFECTIVELY FULFILL THEIR RESPECTIVE OBLIGATIONS UNDER SECTION 7114(B)
 OF THE STATUTE (92 STAT. 1202) "TO MEET AT REASONABLE TIMES . . . AS
 FREQUENTLY AS MAY BE NECESSARY" FOR GOOD-FAITH NEGOTIATIONS ON
 CONDITIONS OF EMPLOYMENT OF THE UNIT EMPLOYEES.
 
    ACCORDINGLY, FOR THE REASONS STATED ABOVE, IT IS CONCLUDED THAT THE
 OFFICIAL TIME PROVISIONS OF SECTION 7131(A) OF THE STATUTE ENCOMPASS ALL
 NEGOTIATIONS BETWEEN AN EXCLUSIVE REPRESENTATIVE AND AN AGENCY,
 REGARDLESS OF WHETHER SUCH NEGOTIATIONS PERTAIN TO THE NEGOTIATION OR
 RENEGOTIATION OF A BASIC COLLECTIVE BARGAINING AGREEMENT.
 
    ENTITLEMENT OF EMPLOYEES ON OFFICIAL TIME TO TRAVEL AND PER DIEM
 EXPENSES
 
    AS MENTIONED AT THE OUTSET, THE OTHER MATTER HERE AT ISSUE IS THE
 FOLLOWING:
 
    WHETHER EMPLOYEES WHO ARE ON OFFICIAL TIME UNDER SECTION 7131 OF THE
 STATUTE WHILE
 
    REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE NEGOTIATION OF A
 COLLECTIVE BARGAINING
 
    AGREEMENT ARE ENTITLED TO PAYMENTS FROM AGENCIES FOR THEIR TRAVEL AND
 PER DIEM EXPENSES.
 
    ON THIS ISSUE IT IS CLEAR FROM THE STATUTE THAT EMPLOYEES WHO ARE ON
 OFFICIAL TIME UNDER SECTION 7131 WHILE REPRESENTING AN EXCLUSIVE
 REPRESENTATIVE IN THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT
 ARE ENTITLED TO PAYMENTS FROM AGENCIES FOR THEIR TRAVEL AND PER DIEM
 EXPENSES.
 
    AS PREVIOUSLY SET FORTH, SECTION 7131(A), WHICH IS PRINCIPALLY HERE
 INVOLVED, PROVIDES THAT AN EMPLOYEE REPRESENTING AN EXCLUSIVE
 REPRESENTATIVE IN THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT
 SHALL BE ON OFFICIAL TIME "DURING THE TIME THE EMPLOYEE OTHERWISE WOULD
 BE IN A DUTY STATUS." AS EXPLAINED IN THE HOUSE REPORT, AN EMPLOYEE
 SERVING AS A UNION REPRESENTATIVE IS AUTHORIZED "PAID TIME" WHILE
 ENGAGING IN THE NEGOTIATION ACTIVITIES PROVIDED FOR IN SECTION 7131(A)
 OF THE STATUTE.  /5/ HENCE, WHILE AN EMPLOYEE IS ON OFFICIAL TIME
 REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE NEGOTIATION OF A
 COLLECTIVE BARGAINING AGREEMENT, THAT EMPLOYEE IS ON PAID TIME ENTITLED
 TO HIS OR HER USUAL COMPENSATION AND IS NOT IN LEAVE STATUS.
 
    NEITHER THE STATUTE, NOR ITS LEGISLATIVE HISTORY, EXPRESSLY ADVERTS
 TO THE PAYMENT OF TRAVEL EXPENSES OR PER DIEM DURING PARTICIPATION IN
 THESE NEGOTIATION ACTIVITIES.  /6/ HOWEVER, IT IS WELL ESTABLISHED THAT
 SUCH EXPENSES ARE AUTHORIZED WHEN AN EMPLOYEE "IS ENGAGED ON OFFICIAL
 BUSINESS FOR THE GOVERNMENT" (CHAPTER 57, SUBCHAPTER I - TRAVEL AND
 SUBSISTENCE EXPENSES;  MILEAGE ALLOWANCES, 5 U.S.C.5701, ET SEQ.).  AS
 ALREADY MENTIONED, CONGRESS, IN ADOPTING THE STATUTE, SPECIFICALLY FOUND
 IN SECTION 7101(A) THAT COLLECTIVE BARGAINING "CONTRIBUTES TO THE
 EFFECTIVE CONDUCT OF PUBLIC BUSINESS," AND THAT "COLLECTIVE BARGAINING
 IN THE CIVIL SERVICE (IS) IN THE PUBLIC INTEREST." FURTHER, CONGRESS
 EXPRESSLY MANDATED IN SECTIONS 7114 AND 7116(A)(5) AND (B)(5) THAT SUCH
 NEGOTIATIONS BE CONDUCTED IN GOOD FAITH BY THE PARTIES INVOLVED (92
 STAT. 1202, 1204).  THUS, AN EMPLOYEE, WHILE NEGOTIATING A COLLECTIVE
 BARGAINING AGREEMENT AS A UNION REPRESENTATIVE AND WHILE ON PAID TIME
 ENTITLED TO HIS OR HER USUAL COMPENSATION AND NOT IN A LEAVE STATUS, IS
 CLEARLY ENGAGED ON "OFFICIAL BUSINESS FOR THE GOVERNMENT."
 
    ADDITIONALLY, IT IS NOT CONTROVERTED THAT MANAGEMENT REPRESENTATIVES
 ARE UNIFORMLY PAID TRAVEL EXPENSES AND PER DIEM WHEN ENGAGED IN THE
 NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF
 MANAGEMENT, AND CONGRESS INDICATED ITS INTENT THAT SIMILAR PREROGATIVES
 BE ACCORDED EMPLOYEES SERVING AS UNION REPRESENTATIVES LIKEWISE ENGAGED
 IN THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT.  IN THIS
 CONNECTION, REPRESENTATIVE CLAY, IN DISCUSSING THE PROSCRIPTION OF
 OFFICIAL TIME FOR EMPLOYEES ENGAGED IN INTERNAL UNION BUSINESS UNDER
 SECTION 7132(B) OF THE HOUSE BILL (WHICH WAS ENACTED AS SECTION 7131(B)
 OF THE STATUTE) STATED AS FOLLOWS:  /7/
 
    SECTION 7132(B) OF THE UDALL COMPROMISE BARS THE USE OF OFFICIAL TIME
 FOR CONDUCTING THE
 
    INTERNAL BUSINESS OF A LABOR ORGANIZATION . . . .  ACTIVITIES THAT
 INVOLVE LABOR-MANAGEMENT
 
    CONTACTS ARE NOT INCLUDED IN THIS SECTION . . . TITLE VII IMPOSES
 HEAVY RESPONSIBILITIES ON
 
    LABOR ORGANIZATIONS AND ON AGENCY MANAGEMENT.  THESE ORGANIZATIONS
 SHOULD BE ALLOWED OFFICIAL
 
    TIME TO CARRY OUT THEIR STATUTORY REPRESENTATIONAL ACTIVITIES JUST AS
 MANAGEMENT USES OFFICIAL
 
    TIME TO CARRY OUT ITS RESPONSIBILITIES.
 
    THE PAYMENT OF TRAVEL AND PER DIEM EXPENSES WOULD NOT ONLY MORE
 NEARLY EQUATE THE STATUS OF UNION AND MANAGEMENT NEGOTIATORS AS
 CONTEMPLATED BY CONGRESS, BUT WOULD ALSO FACILITATE MORE EFFECTIVE UNION
 REPRESENTATION AT THE BARGAINING TABLE, THEREBY IMPLEMENTING THE PURPOSE
 OF THE STATUTE, AS REFLECTED IN SECTION 7101(A), TO ENCOURAGE COLLECTIVE
 BARGAINING IN THE FEDERAL SECTOR.
 
    FINALLY, IT SHOULD BE NOTED THAT SECTION 7131(C) OF THE STATUTE,
 IDENTICAL AS HERE RELEVANT TO SECTION 7131(A), PROVIDES THAT:
 
    (C) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION, THE
 AUTHORITY SHALL DETERMINE
 
    WHETHER ANY EMPLOYEE PARTICIPATING FOR, OR ON BEHALF OF, A LABOR
 ORGANIZATION IN ANY PHASE OF
 
    PROCEEDINGS BEFORE THE AUTHORITY SHALL BE AUTHORIZED OFFICIAL TIME
 FOR SUCH PURPOSE DURING THE
 
    TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY STATUS.
 
    THE AUTHORITY HAS PREVIOUSLY INTERPRETED THIS LANGUAGE OF THE STATUTE
 IN SECTION 2429.13 OF ITS INTERIM RULES AND REGULATIONS, AS ENTITLING
 THE EMPLOYEE ON SUCH OFFICIAL TIME TO TRANSPORTATION AND PER DIEM
 EXPENSES (44 FED. REG. 44771 (JULY 30, 1979)).  NO PERSUASIVE REASON HAS
 BEEN ADVANCED FOR A CONTRARY INTERPRETATION OF THE ANALOGOUS LANGUAGE IN
 SECTION 7131(A) OF THE STATUTE, AND NO SUPPORTED CHALLENGE HAS BEEN
 ADVANCED REGARDING THE LEGALITY OF THE AUTHORITY'S PRIOR INTERPRETATION
 OF THE SAME CRITERIA LANGUAGE IN SECTION 7131(C).
 
    IN SUMMARY, ANY EMPLOYEE WHO IS ON OFFICIAL TIME UNDER SECTION 7131
 OF THE STATUTE WHILE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT IS ENTITLED TO PAYMENTS
 FROM AGENCIES FOR THEIR DUTY TIME AND TRAVEL AND PER DIEM EXPENSES.
 
    IMPACT OF SAVINGS PROVISIONS IN THE STATUTE
 
    LASTLY, THE QUESTION AS TO THE IMPACT, IF ANY, OF THE SAVINGS
 PROVISIONS IN SECTION 7135(A)(1) OF THE STATUTE ON THE ABOVE MATTERS
 MUST BE CONSIDERED.  /8/ MORE SPECIFICALLY, THE QUESTION IS WHETHER
 PROVISIONS IN EXISTING AGREEMENTS WHICH ARE MORE RESTRICTIVE THAN
 SECTION 7131(A) ON THE GRANTING OF OFFICIAL TIME, AS WELL AS THE PAYMENT
 OF TRAVEL AND PER DIEM EXPENSES, FOR EMPLOYEES REPRESENTING A UNION IN
 THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT, REMAIN OPERATIVE
 UNDER SECTION 7135(A)(1) OF THE STATUTE.
 
    SECTION 7135(A)(1) READS IN RELEVANT PART AS FOLLOWS:
 
    (A) NOTHING CONTAINED IN THIS (STATUTE) SHALL PRECLUDE--
 
    (1) THE RENEWAL OR CONTINUATION OF . . . A LAWFUL AGREEMENT BETWEEN
 AN AGENCY AND AN
 
    EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES, WHICH IS ENTERED INTO
 BEFORE THE EFFECTIVE DATE OF
 
    THIS (STATUTE)(.)
 
    BY THIS EXPRESS LANGUAGE OF SECTION 7135(A)(1), NOTHING IN THE
 STATUTE PRECLUDES THE PARTIES TO A LAWFUL AGREEMENT IN EXISTENCE ON
 JANUARY 11, 1979, THE EFFECTIVE DATE OF THE STATUTE, FROM MUTUALLY
 RENEWING OR CONTINUING THE TERMS OF THAT AGREEMENT IF THEY SO DESIRE.
 THUS, FOR EXAMPLE, IF THE PROVISIONS OF AN EXISTING AGREEMENT LIMIT THE
 AUTHORIZATION OF OFFICIAL TIME TO EMPLOYEE REPRESENTATIVES OF A UNION IN
 THE NEGOTIATION OF A BASIC COLLECTIVE BARGAINING AGREEMENT, NOTHING IN
 THE STATUTE PRECLUDES THE PARTIES TO SUCH AN EXISTING AGREEMENT, IF THEY
 WISH, FROM MUTUALLY RENEWING OR CONTINUING THE TERMS OF THAT AGREEMENT.
 
    HOWEVER, WHERE A LABOR ORGANIZATION OR AN AGENCY OBJECTS TO THE
 CONTINUATION OR RENEWAL OF A PROVISION RELATING TO OFFICIAL TIME MORE
 RESTRICTIVE THAN SECTION 7131(A), SUCH OBJECTION PREVENTS THE
 CONTINUATION OR RENEWAL OF THE AGREEMENT PROVISION UNDER SECTION
 7135(A)(1) OF THE STATUTE.  IN THAT SITUATION, THE PROVISIONS OF SECTION
 7131(A) WOULD BE IMMEDIATELY OPERATIVE.  THAT IS, ANY EMPLOYEE
 REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE NEGOTIATION OF A
 COLLECTIVE BARGAINING AGREEMENT WOULD BE ENTITLED TO OFFICIAL TIME,
 REGARDLESS OF WHETHER SUCH NEGOTIATIONS PERTAIN TO THE NEGOTIATION OR
 RENEGOTIATION OF A BASIC COLLECTIVE BARGAINING AGREEMENT, AND ANY
 EMPLOYEE ON SUCH OFFICIAL TIME UNDER SECTION 7131(A) OF THE STATUTE
 WOULD BE ENTITLED TO PAYMENTS FROM THE AGENCY FOR THEIR TRAVEL AND PER
 DIEM EXPENSES.
 
    CONCLUSION
 
    IT IS THE AUTHORITY'S INTERPRETATION AND GUIDANCE THAT:
 
    1.  THE OFFICIAL TIME PROVISIONS OF SECTION 7131(A) OF THE STATUTE
 ENCOMPASS NEGOTIATIONS BETWEEN AN EXCLUSIVE REPRESENTATIVE AND AN
 AGENCY, REGARDLESS OF WHETHER SUCH NEGOTIATIONS PERTAIN TO THE
 NEGOTIATION OR RENEGOTIATION OF A BASIC COLLECTIVE BARGAINING AGREEMENT.
 
    2.  EMPLOYEES WHO ARE ON OFFICIAL TIME UNDER SECTION 7131 OF THE
 STATUTE WHILE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT ARE ENTITLED TO
 PAYMENTS FROM AGENCIES FOR THEIR DUTY TIME AND TRAVEL AND PER DIEM
 EXPENSES.
 
    3.  PROVISIONS IN AGREEMENTS EXISTING ON JANUARY 11, 1979, THE
 EFFECTIVE DATE OF THE STATUTE, WHICH ARE MORE RESTRICTIVE THAN SECTION
 7131(A) OF THE STATUTE ON THE GRANTING OF OFFICIAL TIME, AS WELL AS THE
 PAYMENT OF TRAVEL AND PER DIEM EXPENSES, FOR EMPLOYEES REPRESENTING A
 UNION IN THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT MAY BE
 RENEWED OR CONTINUED IF THE PARTIES SO DESIRE, UNDER SECTION 7135(A)(1)
 OF THE STATUTE.  HOWEVER, IF EITHER PARTY TO SUCH PROVISIONS IN AN
 EXISTING AGREEMENT OBJECTS TO THE CONTINUATION OR RENEWAL THEREOF, SUCH
 OBJECTION PREVENTS THE CONTINUATION OR RENEWAL OF THOSE AGREEMENT
 PROVISIONS UNDER SECTION 7135(A)(1) OF THE STATUTE.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 19, 1979.
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ FEDERAL LABOR RELATIONS AUTHORITY, NOTICE RELATING TO OFFICIAL
 TIME, 44 FED.REG. 42,788 (JULY 20, 1979).
 
    /2/ SEE H.R. REP. NO. 95-1403, 95TH CONG., 2D SESS. 288(1978).
 
    /3/ SECTION 7232 OF THE SENATE BILL PROVIDED:
 
    SOLICITATION OF MEMBERSHIP OR DUES AND OTHER INTERNAL BUSINESS OF A
 LABOR ORGANIZATION
 
    SHALL BE CONDUCTED DURING THE NON-DUTY HOURS OF THE EMPLOYEES
 CONCERNED.  EMPLOYEES WHO
 
    REPRESENT A RECOGNIZED LABOR ORGANIZATION SHALL NOT BE ON OFFICIAL
 TIME WHEN NEGOTIATING AN
 
    AGREEMENT WITH AGENCY MANAGEMENT, EXCEPT THAT THE NEGOTIATING PARTIES
 MAY AGREE TO
 
    ARRANGEMENTS WHICH PROVIDE THAT THE AGENCY WILL AUTHORIZE A
 REASONABLE NUMBER OF SUCH
 
    EMPLOYEES (NOT NORMALLY IN EXCESS OF THE NUMBER OF MANAGEMENT
 REPRESENTATIVES) TO NEGOTIATE ON
 
    OFFICIAL TIME FOR UP TO 40 HOURS, OR UP TO ONE-HALF THE TIME SPENT IN
 NEGOTIATIONS DURING
 
    REGULAR WORKING HOURS.
 
    /4/ S. REP. NO. 95-969, 95TH CONG., 2D SESS. 112(1978).
 
    /5/ H.R. REP. 95-1403, 95TH CONG., 2D SESS. 58(1978).
 
    /6/ UNDER SECTION 20 OF E.O. 11491, AS AMENDED, TRAVEL EXPENDITURES
 WERE NOT AUTHORIZED FOR UNION REPRESENTATIVES ENGAGED IN NEGOTIATION
 ACTIVITIES (LABOR-MANAGEMENT RELATIONS IN THE FEDERAL SERVICE(1975) AT
 58).  HOWEVER, AS PREVIOUSLY INDICATED, CONGRESS SUBSTANTIALLY REJECTED
 SECTION 7232 OF THE SENATE BILL WHICH SOUGHT IN EFFECT TO MAINTAIN THE
 LANGUAGE OF THE ORDER.