American Federation of Government Employees, AFL-CIO, Local 1786 (Union) and Marine Corps Development and Education Command, Quantico, Virginia (Activity) 

 



[ v02 p423 ]
02:0423(58)NG
The decision of the Authority follows:


 2 FLRA No. 58
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1786
 (Union)
 
 and
 
 MARINE CORPS DEVELOPMENT AND EDUCATION
 COMMAND, QUANTICO, VIRGINIA
 (Activity)
 
                                       	   Case No. 0-NG-4
 
                      DECISION ON NEGOTIABILITY ISSUE
 
                               PROVISION /1/
 
    (ARTICLE XVIII) SECTION 3.  DATA FOR THE ADMINISTRATIVE SUPPORT AND
 PATRON SERVICES SURVEYS WILL BE COLLECTED BY JOINT UNION-MANAGEMENT
 TEAMS, AS IS CRAFTS AND TRADES DATA, AND WILL BE PRESENTED TO THE LOCAL
 WAGE SURVEY COMMITTEE.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE DISPUTED PROVISION OF THE PARTIES'
 LOCALLY NEGOTIATED AGREEMENT VIOLATES SECTION 7106(A)(2)(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS (FSLMR) STATUTE, /2/ AS
 ALLEGED BY THE AGENCY.
 
                                  OPINION
 
    CONCLUSION:  THE PROVISION DOES NOT VIOLATE SECTION 7106(A)(2)(B) OF
 THE STATUTE.  THUS, THE AGENCY'S ALLEGATION THAT THE PROVISION IS NOT
 WITHIN THE DUTY TO BARGAIN WAS IMPROPER AND, PURSUANT TO SECTION 2424.8
 OF THE AUTHORITY'S RULES AND REGULATIONS (44 FED.  REG. 44,740 ET
 SEQ.(1979)), IS SET ASIDE.  /3/
 
    REASONS:  THE PROVISION HERE IN DISPUTE WOULD ESTABLISH A