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