National Federation of Federal Employees, Local 1363 (Union) and Headquarters, U.S. Army Garrison, Yongsan, Korea (Activity)

 



[ v02 p374 ]
02:0374(50)NG
The decision of the Authority follows:


 2 FLRA No. 50
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1363
 (Union)
 
 and
 
 HEADQUARTERS, U.S. ARMY
 GARRISON, YONGSAN, KOREA
 (Activity)
 
                                            Case No. 0-NG-94
 
                     DECISION ON NEGOTIABILITY APPEAL
 
    SINCE 1969, THE UNION HAS BEEN THE EXCLUSIVE REPRESENTATIVE FOR A
 UNIT OF CIVILIAN EMPLOYEES OF THE ACTIVITY LOCATED IN SEOUL, KOREA.  TO
 DATE, THE PARTIES HAVE NEVER NEGOTIATED A COLLECTIVE BARGAINING
 AGREEMENT.  A STATUS OF FORCES AGREEMENT BETWEEN THE UNITED STATES AND
 THE REPUBLIC OF KOREA, WHICH AGREEMENT RESULTED FROM THE MUTUAL DEFENSE
 TREATY OF 1953 SIGNED BY BOTH NATIONS, REGULATES VARIOUS ASPECTS OF THE
 UNITED STATES MILITARY'S PRESENCE IN KOREA.  /1/ ON MARCH 27, 1979, A
 REPRESENTATIVE OF THE KOREAN GOVERNMENT INFORMED HIS AMERICAN
 COUNTERPART BY LETTER THAT A NEW TRAFFIC REGULATION ISSUED BY HIS KOREAN
 GOVERNMENT REQUIRED THE INSTALLATION OF SAFETY BELTS IN MOST VEHICLES
 AND REQUESTED THAT APPROPRIATE MEASURES BE TAKEN WITH RESPECT IN TO
 VEHICLES BELONGING TO THE UNITED STATES FORCES IN KOREA.  SUBSEQUENTLY,
 ON MAY 22, 1979, THE ACTIVITY ANNOUNCED THAT IT WAS REQUIRING ALL
 EMPLOYEES TO INSTALL SAFETY BELTS IN THEIR PRIVATELY-OWNED VEHICLES.  ON
 MAY 24, THE UNION REQUESTED AN OPPORTUNITY "TO BARGAIN OVER THIS CHANGE
 AND ITS IMPACT" AND FURTHER REQUESTED THAT A UNION REPRESENTATIVE BE
 PERMITTED TO MEET WITH THE ACTIVITY "TO OBTAIN ANSWERS TO QUESTIONS
 NECESSARY TO PREPARE LOCAL 1363'S PROPOSALS." BY LETTER DATED JUNE 5,
 THE ACTIVITY REAFFIRMED IN WRITING ITS PREVIOUS STATEMENT TO THE UNION'S
 REPRESENTATIVE THAT THE SAFETY BELT REQUIREMENT WAS A KOREAN LAW AND, AS
 SUCH, WAS NOT A NEGOTIABLE ISSUE.  THE UNION THEN FILED THE INSTANT
 NEGOTIABILITY APPEAL IN WHICH IT REFERRED TO THE SAFETY BELT REGULATION
 AND INDICATED THAT IT WISHED TO "NEGOTIATE ON THE CHANGE AND ITS
 IMPACT." IN ITS STATEMENT OF POSITION FILED WITH THE AUTHORITY, THE
 AGENCY NOTED, AMONG OTHER THINGS, THAT THE UNION HAD NEVER ADVANCED A
 SPECIFIC PROPOSAL WITH REGARD TO THE SAFETY BELT REGULATION, AND
 THEREFORE "THE AUTHORITY WOULD BE PLACED IN THE POSITION OF RENDERING A
 NEGOTIABILITY DETERMINATION IN THE ABSTRACT." THE UNION, IN RESPONSE,
 CONTENDED THAT MANAGEMENT HAD "DISCLAIMED ALL DUTY TO BARGAIN IN GOOD
 FAITH" AND THAT, IN A PARALLEL CASE, THE UNION HAD FILED UNFAIR LABOR
 PRACTICE CHARGES BASED UPON THE ACTIVITY'S REFUSAL TO NEGOTIATE AND TO
 FURNISH NECESSARY DATA TO THE UNION.
 
    IN ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE OF
 ALABAMA NATIONAL GUARD, CASE NO. O-NG-27, 2FLRA NO. 39(DEC. 28, 1979),
 REPORT NO.  , THE AUTHORITY DECIDED, WITH RESPECT TO A QUESTION
 SUBSTANTIALLY IDENTICAL TO THAT PRESENTED HERE, THAT A PETITION WHICH
 DID NOT PRESENT A PROPOSAL SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM
 AND CONTENT AS TO PERMIT THE AUTHORITY TO RENDER A NEGOTIABILITY
 DECISION FAILED TO MEET THE CONDITIONS FOR REVIEW PRESCRIBED IN SECTION
 7117 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE(THE
 STATUTE) AND SEC. 2424.1 OF THE AUTHORITY'S RULES OF PROCEDURE.  FOR THE
 REASONS FULLY SET FORTH IN THAT DECISION, THE AUTHORITY FINDS THAT THE
 INSTANT PETITION DOES NOT MEET SUCH CONDITIONS FOR REVIEW AND MUST
 THEREFORE BE DENIED.
 
    ADDITIONALLY, TO THE EXTENT THAT THE PARTIES MAY BE IN DISPUTE AS TO
 WHETHER THE ACTIVITY IMPROPERLY WITHHELD INFORMATION FROM THE UNION
 WHICH WAS REASONABLY AVAILABLE AND NECESSARY IN CONNECTION WITH ANY
 BARGAINING OBLIGATION WHICH MIGHT EXIST UNDER THE STATUTE, THE PROPER
 FORUM IN WHICH TO RAISE THESE ISSUES IS NOT A NEGOTIABILITY APPEAL, BUT
 WOULD BE AN UNFAIR LABOR PRACTICE PROCEEDING PURSUANT TO SECTION 7118 OF
 THE STATUTE.  SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
 1931 AND DEPARTMENT OF THE NAVY, NAVAL WEAPONS STATION, CONCORD,
 CALIFORNIA, CASE NO. O-NG-55, 2 FLRA NO. 19(DEC. 5, 1979), REPORT NO.  ,
 AND NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1141 AND DEPARTMENT
 OF THE INTERIOR, BUREAU OF MINES, ALBANY METALLURGY RESEARCH CENT