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 UNION RIGHT
 TO REPRESENTATION ON WAGE SURVEY TEAMS WHICH GATHER LOCAL PREVAILING
 WAGE DATE FOR USE IN DETERMINING THE PAY OF CERTAIN HOURLY-PAID
 NONAPPROPRIATED FUND (NAF) EMPLOYEES.
 
    HOURLY-PAID NAF EMPLOYEES ARE GROUPED INTO THREE JOB CLASSIFICATIONS
 AS FOLLOWS:  /4/ CRAFTS AND TRADES (CT) WORKERS SUCH AS COOKS,
 ELECTRICIANS, JANITORS, PLUMBERS, AND WAREHOUSEMEN;  ADMINISTRATIVE
 SUPPORT (AS) EMPLOYEES SUCH AS RECEPTIONISTS, SECRETARIES, AND AUDIT,
 FILE, OR PAYROLL CLERKS;  AND PATROL SERVICE (PS) EMPLOYEES SUCH AS
 CASHIER-CHECKERS, CUSTOMER SERVICE CLERKS, SALES CLERKS AND TICKET
 SELLERS.  ALTHOUGH SUCH NAF EMPLOYEES ARE EXCEPTED GENERALLY FROM LAW
 ADMINISTERED BY THE OFFICE OF PERSONNEL MANAGEMENT, /5/ THE PROVISIONS
 OF TITLE 5 U.S.C. CONCERNING THE DETERMINATION OF PAY FOR HOURLY-PAID
 EMPLOYEES OF THE FEDERAL GOVERNMENT (I.E., 5 U.S.C. SEC. 5341 ET SEQ.)
 SPECIFICALLY APPLY TO NAF CT EMPLOYEES.  /6/ THESE STATUTORY PAY SETTING
 PROCEDURES AND THE IMPLEMENTING REGULATIONS CONTAINED IN FEDERAL
 PERSONNEL MANUAL SUPPLEMENT 532-2 ESTABLISH THAT THE PAY OF HOURLY-PAID
 PERSONNEL, INCLUDING NAF CT EMPLOYEES, WILL BE DETERMINED THROUGH THE
 USE OF LOCAL WAGE SURVEYS OF LIKE PRIVATE SECTOR JOBS.  FURTHER, THE
 STATUTE AND REGULATIONS SPECIFICALLY PROVIDE THAT UNIONS REPRESENTING
 SUCH HOURLY-PAID EMPLOYEES WILL PARTICIPATE AT EVERY STAGE OF THE PAY
 DETERMINATION PR