Federal Uniformed Firefighters, Local F-169 (Labor Organization) and U.S. Army Armament Research and Development Command, Dover, New Jersey (Activity)  

 3 FLRA No. 49
 
 FEDERAL UNIFORMED FIREFIGHTERS,
 LOCAL F-169
 (Labor Organization)
 
 and
 
 U.S. ARMY ARMAMENT RESEARCH
 & DEVELOPMENT COMMAND,
 DOVER, NEW JERSEY
 (Activity)
 
                                            Case No. 0-NG-73
 
                      DECISION ON NEGOTIABILITY ISSUE
 
    THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
 AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5 U.S.C. 7101 ET
 SEQ.).
 
                              UNION PROPOSAL
 
    REASONABLE OFFICIAL TIME WILL BE GRANTED TO UNION REPRESENTATIVES FOR
 PREPARATIONS FOR
 
    NEGOTIATIONS, AND IMPASSE RESOLUTIONS AND COUNTERPROPOSALS.
 
                    QUESTIONS HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL IS INCONSISTENT WITH
 FEDERAL LAW (SECTION 7131(B) AND (D) OF THE STATUTE), AS ALLEGED BY THE
 AGENCY AND, THEREFORE, NOT WITHIN THE DUTY TO BARGAIN.  /1/
 
    CONCLUSION:  THE PROPOSAL DOES NOT CONFLICT WITH SECTION 7131 OF THE
 STATUTE.  ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S
 RULES AND REGULATIONS (45 FED.REG. 3513(1980)), THE AGENCY'S ALLEGATION
 THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN IS SET
 ASIDE.  /2/
 
    REASONS:  IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1692 AND HEADQUARTERS, 323RD FLYING WING (ATC), MATHER AIR FORCE
 BASE, CALIFORNIA, CASE NO.  O-NG-183, 3 FLRA NO. 47, (1980) (HEREINAFTER
 MATHER), THE AUTHORITY HELD THAT THE FOLLOWING PROPOSAL, WHICH THE
 AGENCY ALLEGED TO BE OUTSIDE OF THE DUTY TO BARGAIN UNDER SECTION 7131
 OF THE STATUTE, WAS WITHIN THE DUTY TO BARGAIN:
 
    MANAGEMENT WILL ALLOW EQUAL OFFICIAL TIME TO THE UNION NEGOTIATION
 TEAM, AS ALLOTTED TO THE
 
    MANAGEMENT NEGOTIATION TEAM, FOR PREPARATION OF CONTRACT
 NEGOTIATIONS.
 
    IN THAT CASE, AFTER ANALYZING THE RELEVANT LEGISLATIVE HISTORY, THE
 AUTHORITY STATED AS FOLLOWS:
 
    THE DISPUTED PROPOSAL IN THE INSTANT CASE CLEARLY DOES NOT RELATE
 SOLELY TO THE STRUCTURE
 
    AND INSTITUTION OF THE LABOR ORGANIZATION.  RATHER, THE PROPOSAL
 SPECIFICALLY INVOLVES THE
 
    ALLOTMENT OF OFFICIAL TIME TO UNION NEGOTIATORS FOR THE PURPOSE OF
 PREPARING FOR CONTRACT
 
    NEGOTIATIONS WITH MANAGEMENT.  AS PREVIOUSLY NOTED, CONGRESS INTENDED
 THAT ACTIVITIES SUCH AS
 
    COLLECTIVE BARGAINING NEGOTIATIONS WHICH INVOLVE LABOR-MANAGEMENT
 CONTACTS, AS WELL AS
 
    PREPARATION FOR SUCH ACTIVITIES, ARE NOT "INTERNAL BUSINESS OF A
 LABOR ORGANIZATION" WITHIN
 
    THE MEANING OF SECTION 7131(B) OF THE STATUTE.  ACCORDINGLY, SECTION
 7131(B) WOULD NOT BAR
 
    NEGOTIATIONS UNDER SECTION 7131(D) (SEE NOTE 1, SUPRA) ON THE
 PROPOSAL AT ISSUE AND THE AGENCY
 
    ALLEGATION THAT THE PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN MUST
 BE SET ASIDE.  MOREOVER,
 
    SUCH PROPOSAL WOULD BE CONSISTENT WITH THE CONTEMPLATION OF CONGRESS,
 AS SET FORTH ABOVE
 
    (SUPRA PP. 3-4).
 
    IN SUMMARY, AS INDICATED ABOVE, THE AMOUNT OF OFFICIAL TIME TO BE
 USED BY UNION NEGOTIATORS
 
    TO PREPARE FOR COLLECTIVE BARGAINING NEGOTIATIONS IS A MATTER WHICH
 FALLS WITHIN THE DUTY TO
 
    BARGAIN AS PROVIDED IN SECTION 7131(D) OF THE STATUTE, AS
 DISTINGUISHED FROM THE USE OF
 
    OFFICIAL TIME BY EMPLOYEES REPRESENTING AN EXCLUSIVE REPRESENTATIVE
 IN THE ACTUAL "NEGOTIATION
 
    OF A COLLECTIVE BARGAINING AGREEMENT" WHICH IS EXPRESSLY AUTHORIZED
 BY SECTION 7131(A) OF THE
 
    STATUTE ITSELF (SUPRA NOTE 1).  MOREOVER, AS PREVIOUSLY STATED, THE
 USE OF OFFICIAL TIME TO
 
    PREPARE FOR NEGOTIATIONS IS A MATTER WHICH IS NOT EXCEPTED FROM THE
 DUTY TO BARGAIN AS
 
    "INTERNAL BUSINESS OF A LABOR ORGANIZATION" UNDER SECTION 7131(B) OF
 THE STATUTE.
 
    IN SO CONCLUDING, HOWEVER, THE AUTHORITY NOTES THAT THE INSTANT CASE
 DOES NOT PRESENT, AND
 
    THE AUTHORITY THEREFORE DOES NOT RULE ON THE QUESTION OF WHAT
 ACTIVITIES WOULD PROPERLY
 
    CONSTITUTE "PREPARATIONS" UNDER THE OFFICIAL TIME PROVISIONS OF THE
 STATUTE.  SUCH QUESTIONS
 
    ARE MORE APPROPRIATELY RESOLVED BY THE PARTIES DURING NEGOTIATIONS OR
 BY ARBITRATORS IN THE
 
    SPECIFIC FACTUAL CONTEXTS OF INDIVIDUAL CASES, SUBJECT TO REVIEW BY
 THE AUTHORITY PURSUANT TO
 
    SECTION 7122 OF THE STATUTE AND PART 2425 OF THE AUTHORITY'S RULES
 AND
 
    REGULATIONS.  NEVERTHELESS, IT SHOULD BE EMPHASIZED THAT THE
 AUTHORITY DOES NOT INTEND AND
 
    SHOULD NOT BE CONSTRUED AS HAVING CONCLUDED HEREIN THAT OFFICIAL TIME
 ALLOTTED FOR
 
    "PREPARATIONS" MAY PROPERLY BE USED BY UNION REPRESENTATIVES FOR
 MATTERS WHICH INVOLVE THE
 
    "INTERNAL BUSINESS OF A LABOR ORGANIZATION" WITHIN THE MEANING OF
 SECTION 7131(B) OF THE
 
    STATUTE.
 
    THE ISSUES RAISED IN THE INSTANT APPEAL ARE IDENTICAL TO THE ISSUES
 THAT WERE RAISED AND DISCUSSED IN MATHER.  THEREFORE, FOR THE REASONS
 FULLY SET FORTH IN MATHER, THE PROPOSAL IN THE INSTANT CASE IS WITH THE
 DUTY TO BARGAIN.
 
    ISSUED, WASHINGTON, D.C., MAY 30, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ SECTION 7131 OF THE STATUTE PROVIDES:
 
    SEC. 7131.  OFFICIAL TIME
 
    (A) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF A
 
    COLLECTIVE BARGAINING AGREEMENT UNDER THIS CHAPTER 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
 
    NONDUTY 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 CHAPTER, 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.
 
    /2/ IN SO DECIDING THAT THE PROPOSAL IS WITHIN THE DUTY TO BARGAIN,
 THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE PROPOSAL.