Decision on Request for General Statement of Policy or Guidance

 



[ v03 p465 ]
03:0465(69)PS
The decision of the Authority follows:


 3 FLRA No. 69
 
                                            Case No. 0-PS-18
 
          DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
                                 GUIDANCE
 
    THE AUTHORITY RECEIVED A REQUEST FROM THE NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES ON BEHALF OF ITS AFFILIATE THE FEDERAL AVIATION
 SCIENCE AND TECHNOLOGICAL ASSOCIATION (UNION) THAT THE AUTHORITY ISSUE A
 GENERAL STATEMENT OF POLICY OR GUIDANCE ON THE FOLLOWING QUESTION:
 
    WHETHER OR NOT A BARGAINED-FOR PRIVILEGE IN A COLLECTIVE BARGAINING
 AGREEMENT COVERING
 
    CERTAIN, ASCERTAINABLE, DEFINITE EMPLOYEES CAN BE EXTENDED BY THE
 COMPTROLLER GENERAL TO
 
    INCLUDE EMPLOYEES NOT INCLUDED IN THE UNIT COVERED BY THE AGREEMENT.
 
    ACCORDING TO THE REQUEST, THE UNION NEGOTIATED THE PRIVILEGE OF A
 BARGAINING UNIT EMPLOYEE OPERATING A PRIVATELY OWNED VEHICLE DURING
 TRAINING AT THE FEDERAL AVIATION ADMINISTRATION'S OKLAHOMA CITY TRAINING
 ACADEMY UNDER CERTAIN CIRCUMSTANCES.  SUBSEQUENTLY, THE COMPTROLLER
 GENERAL RULED THAT AN EMPLOYEE NOT COVERED BY THE PRIVILEGE NEGOTIATED
 BY THE UNION SHOULD ALSO BE ALLOWED TO USE A PRIVATELY OWNED VEHICLE
 DURING TRAINING AT THE ACADEMY UNDER THE SAME CIRCUMSTANCES.  THE UNION
 CONTENDS "(T)HE DECISION STANDS FOR THE PRINCIPLE THAT A BARGAINED FOR
 PRIVILEGE OF AN EXCLUSIVE REPRESENTATIVE APPLIES TO SIMILARLY SITUATED
 EMPLOYEES NOT SUBJECT TO THE PROVISIONS OF THE BARGAINING AGREEMENT UPON
 THE PROPER AND TIMELY FILING FOR THE SAME PRIVILEGE."
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED THIS REQUEST AND HAS
 DETERMINED THAT IT DOES NOT SATISFY THE STANDARDS GOVERNING THE ISSUANCE
 OF GENERAL STATEMENTS OF POLICY AND GUIDANCE SET FORTH IN SECTION 2427.5
 OF THE RULES OF THE FEDERAL LABOR RELATIONS AUTHORITY, 45 FED.REG. 3516,
 WHICH PROVIDES IN PERTINENT PART:
 
    SEC. 2427.5 STANDARDS GOVERNING ISSUANCE OF GENERAL STATEMENTS OF
 POLICY AND GUIDANCE.
 
    IN DECIDING WHETHER TO ISSUE A GENERAL STATEMENT OF POLICY OR
 GUIDANCE, THE AUTHORITY SHALL
 
    CONSIDER:
 
    (A) WHETHER THE QUESTION PRESENTED CAN MORE APPROPRIATELY BE RESOLVED
 BY OTHER MEANS;
 
    (B) WHERE OTHER MEANS ARE AVAILABLE, WHETHER AN AUTHORITY STATEMENT
 WOULD PREVENT THE
 
    PROLIFERATION OF CASES INVOLVING THE SAME OR SIMILAR QUESTION(.)
 
    THE QUESTION PRESENTED IN THIS REQUEST FOR A GENERAL STATEMENT OF
 POLICY OR GUIDANCE CAN BE MORE APPROPRIATELY RESOLVED BY OTHER MEANS.
 FOR EXAMPLE, PROCEDURES SET FORTH IN THE STATUTE AND APPROPRIATE
 REGULATIONS FOR THE RESOLUTION OF UNFAIR LABOR PRACTICES PROVIDE A MORE
 FLEXIBLE MECHANISM FOR THE ADJUDICATION OF ISSUES OF FACT WITH RESPECT
 TO THE ALLEGED CONSEQUENCES RESULTING FROM THE COMPTROLLER GENERAL'S
 RULING.
 
    MOREOVER, AUTHORITY ACTION ON THIS