Decision on Request for General Statement of Policy or Guidance

 



[ v03 p233 ]
03:0233(33)PS
The decision of the Authority follows:


 3 FLRA No. 33
 
                                            Case No. 0-PS-14
 
          DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
                                 GUIDANCE
 
    THE AUTHORITY RECEIVED A REQUEST FROM THE NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES (NFFE) THAT THE AUTHORITY ISSUE A MAJOR POLICY
 DETERMINATION CONCERNING, IN EFFECT, THE PROPRIETY OF AN AGENCY
 RECOUPING AN AMOUNT EQUAL TO UNION DUES ERRONEOUSLY DEDUCTED FROM A
 SUPERVISOR'S PAY.
 
    ACCORDING TO NFFE'S SUBMISSION, THE REQUEST ARISES FROM THE SITUATION
 PRESENTLY FACED BY SOME NFFE LOCALS WHEREIN AN EMPLOYEE, FORMERLY A
 BARGAINING UNIT MEMBER PAYING UNION DUES THROUGH A WRITTEN ASSIGNMENT
 AUTHORIZING THE AGENCY TO DEDUCT THE DUES FROM THE EMPLOYEE'S PAY, HAS
 BEEN PROMOTED TO A SUPERVISORY POSITION AND THE AGENCY DOES NOT
 IMMEDIATELY TERMINATE SUCH EMPLOYEE'S DUES ASSIGNMENT.  NFFE CLAIMS THE
 CURRENT PRACTICE IS THAT AFTER THE AGENCY DISCOVERS ITS OVERSIGHT, IT
 TERMINATES THE SUPERVISOR'S UNION DUES ASSIGNMENT, REFUNDS ALL DUES
 WITHHELD TO THE SUPERVISOR SINCE THE EFFECTIVE DATE OF HIS OR HER
 PROMOTION, AND THEN RECOUPS AN AMOUNT EQUAL TO THE DUES REFUNDED FROM
 THE NFFE LOCAL.  IN ADDITION, NFFE CLAIMS THAT IN MANY CASES, THE
 SUPERVISOR IN QUESTION HAS NOT REQUESTED A REFUND OF THE UNION DUES AND
 HAS RECEIVED SERVICES FROM THE NFFE LOCAL IN EXCHANGE FOR THE DUES.
 FURTHER, NF