National Federation of Federal Employees, Local 951 (Union) and Department of the Interior, Bureau of Reclamation, Mid-Pacific Regional Office, Sacramento, CA (Agency) 

 



[ v03 p884 ]
03:0884(128)NG
The decision of the Authority follows:


 3 FLRa No. 128
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 951
 Union
 
 and
 
 DEPARTMENT OF THE INTERIOR
 BUREAU OF RECLAMATION
 MID-PACIFIC REGIONAL OFFICE
 SACRAMENTO, CALIFORNIA
 Agency
 
                                            Case No. 0-NG-146
 
                      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 (5 U.S.C. SECS. 7101=7135).
 
                            UNION PROPOSAL /1/
 
                   ARTICLE II-- UNION-SPONSORED TRAINING
 
    SECTION 8.  THE BUREAU WILL ALLOW THE FOLLOWING DUTY TIME, WITH THE
 CONSENT OF THE
 
    SUPERVISOR.
 
    A.  FOR EACH EMPLOYEE, 8 HOURS PER YEAR FOR EDUCATION.
 
    B.  FOR EACH UNION MEMBER, AN ADDITIONAL 8 HOURS PER YEAR FOR
 GRIEVANCE AND OTHER TRAINING.
 
    C.  FOR EACH UNION OFFICER, AN ADDITIONAL 16 HOURS PER YEAR FOR
 ADVANCED GRIEVANCE
 
    TRAINING.
 
    D.  OFFICERS AND STEWARDS RECOGNIZED BY MANAGEMENT WILL BE GRANTED
 EXCUSED LEAVE TO ATTEND
 
    OFF PREMISE UNION SPONSORED TRAINING. REQUESTS FOR SUCH EXCUSED LEAVE
 MUST BE PROVIDED TO THE
 
    REGIONAL PERSONNEL AND MANAGEMENT OFFICER AS FAR IN ADVANCE AS
 PRACTICAL BUT IN ANY EVENT NOT
 
    LATER THAN 5 WORKING DAYS IN ADVANCE OF THE TRAINING SESSION.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTIONS ARE WHETHER THE UNION'S PROPOSAL IS INCONSISTENT WITH
 ANY APPLICABLE GOVERNMENT-WISE RULE OR REGULATION AND WHETHER SECTION
 8(B) OF THE PROPOSAL VIOLATES SECTIONS 7114(A)(1) OF THE STATUTE, /2/ AS
 ALLEGED BY THE AGENCY.
 
                                  OPINION
 
    CONCLUSION:  SECTION 8(A), (C) AND (D) OF THE SUBJECT PROPOSAL DOES
 NOT VIOLATE ANY GOVERNMENT-WISE RULE OR REGULATION.  SECTION 8(B) OF THE
 SUBJECT PROPOSAL, ON THE OTHER HAND, CONFLICTS WITH SECTION 7114(A)(1)
 OF THE STATUTE.  ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE
 AUTHORITY'S RULES AND REGULATIONS, (5 C.F.R. SEC. 2424.10 (1980), THE
 AGENCY'S ALLEGATION THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO
 BARGAIN IS SET ASIDE IN PART AND SUSTAINED IN PART.  /3/
 
    REASONS:  THE AGENCY ASSERTS THAT THE UNION'S PROPOSAL VIOLATES THE
 COMPTROLLER GENERAL'S RULINGS REGARDING THE USE OF OFFICIAL TIME FOR
 UNION-SPONSORED TRAINING.  /4/ MORE SPECIFICALLY, THE AGENCY CONTENDS
 THAT THE COMPTROLLER GENERAL DECISIONS "CONFINE THE USE OF OFFICIAL TIME
 TO EMPLOYEE REPRESENTATIVES AND (DO) NOT AUTHORIZE SUCH TIME FOR
 BARGAINING UNIT MEMBERS UNLESS JOINTLY SPONSORED BY BOTH MANAGEMENT AND
 UNION." FURTHER, IT MAINTAINS THAT THE "PROPOSAL WHICH