Decision on Request for General Statement of Policy and Guidance




[ v03 p334 ]
03:0334(53)PS
The decision of the Authority follows:


 3 FLRA No. 53
 
                                            Case No. 0-PS-11
 
          DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY AND
                                 GUIDANCE
 
    AS PREVIOUSLY ANNOUNCED, /1/ THE AUTHORITY RECEIVED A REQUEST FROM
 THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (AFGE) THAT THE
 AUTHORITY ISSUE A GENERAL STATEMENT OF POLICY OR GUIDANCE AS TO THE
 OBLIGATION TO NEGOTIATE DURING THE TERM OF A COLLECTIVE BARGAINING
 AGREEMENT.
 
    THE SPECIFIC MATTER AT ISSUE, SUBSTANTIALLY AS STATED BY AFGE, IS THE
 FOLLOWING:
 
    DOES THE EMPLOYER, IN A BARGAINING RELATIONSHIP, HAVE AN OBLIGATION
 TO BARGAIN AT THE
 
    DEMAND OF THE EXCLUSIVE REPRESENTATIVE ON A MANDATORY SUBJECT FOR
 BARGAINING DURING THE TERM
 
    OF AN AGREEMENT, WHETHER THE MATTER UPON WHICH BARGAINING IS DEMANDED
 IS COVERED BY THE TERMS
 
    OF A COLLECTIVE BARGAINING AGREEMENT OR NOT?  STYLED FROM THE
 EXCLUSIVE REPRESENTATIVE'S
 
    PERSPECTIVE, DOES THE UNION HAVE THE RIGHT TO DEMAND BARGAINING ON A
 MATTER COVERED BY THE
 
    TERMS OF AN AGREEMENT OR NOT COVERED IN AN AGREEMENT, AND HAVE THE
 EMPLOYER BARGAIN IN GOOD
 
    FAITH?
 
    BEFORE DECIDING WHETHER ISSUANCE OF A POLICY STATEMENT WAS WARRANTED,
 THE AUTHORITY INVITED INTERESTED PERSONS TO EXPRESS THEIR VIEWS IN
 WRITING WITH RESPECT TO THE QUESTION OF WHETHER THE AUTHORITY SHOULD
 ISSUE A POLICY S