Decision on Request for General Statement of Policy or Guidance



[ v03 p496 ]
03:0496(78)PS
The decision of the Authority follows:


 3 FLRA No. 78
 
                                            Case No. 0-PS-16
 
                 DECISION ON REQUEST FOR GENERAL STATEMENT
                           OF POLICY OR GUIDANCE
 
    THE AUTHORITY RECEIVED A REQUEST FROM THE NATIONAL TREASURY EMPLOYEES
 UNION THAT THE AUTHORITY ISSUE A GENERAL STATEMENT OF POLICY CONCERNING
 THE INTERPRETATIONS OF SECTION 7131(D) OF THE STATUTE.  /1/
 
    ACCORDING TO THE REQUEST, THE SPECIFIC MATTER AT ISSUE IS THE
 FOLLOWING:
 
    WHETHER EMPLOYEES WHO ARE ON OFFICIAL TIME UNDER 5 U.S.C.  SECTION
 7131(D) WHILE
 
    REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR IN CONNECTION WITH OTHER
 MATTERS COVERED BY 5
 
    U.S.C. CHAPTER 71, ARE ENTITLED TO PAYMENTS FROM AGENCIES FOR THEIR
 TRAVEL AND PER DIEM
 
    EXPENSES.
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED THIS REQUEST AND DETERMINED
 THAT THE REQUEST DOES NOT SATISFY THE STANDARDS GOVERNING THE ISSUANCE
 OF GENERAL STATEMENTS OF POLICY AND GUIDANCE SET FORTH IN SECTION 2427.5
 OF THE AUTHORITY'S RULES AND REGULATIONS, 45 FED.  REG. 3516(1980),
 WHICH PROVIDE IN PERTINENT PART:
 
    SECTION 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. . . .
 
    THE MATTER RAISED IN THE REQUEST CAN BE MORE APPROPRIATELY RESOLVED
 BY OTHER MEANS.
 
    MORE PARTICULARLY, THE AUTHORIZATION OF OFFICIAL TIME FOR PURPOSES
 DESCRIBED IN SECTION 7131(D) OF THE STATUTE IS A MATTER SUBJECT TO
 NEGOTIATION UNDER THE PROVISIONS OF THAT SECTION.  THE QUESTION
 PRESENTED RELATES TO THE MATTER OF THE ENTITLEMENT OF EMPLOYEES TO
 PAYMENT FOR THEIR TRAVEL AND PER DIEM EXPENSES IN CONNECTION WITH SUCH
 OFFICIAL TIME, AND DERIVES FROM AND IS IMMEDIATELY RELATED TO THIS
 NEGOTIABLE MATTER, AND CAN MORE APPROPRIATELY BE RESOLVED IN PROCEDURES
 SET FORTH IN THE STATUTE AND PERTINENT REGULATIONS FOR REVIEW OF
 NEGOTIABILITY DISPUTES.
 
    ACCORDINGLY, THE REQUEST FOR A GENERAL STATEMENT OF POLICY MUST BE
 DENIED.
 
    ISSUED, WASHINGTON, D.C., JUNE 27, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                        HENRY B. FRAZIER III MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
    /1/ SECTION 7131(D) PROVIDES AS FOLLOWS:
 
    (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.
 
 
 


<