National Federation of Federal Employees, Local 238 (Union) and Department of the Interior, Bureau of Indian Affairs, Western Nevada Indian Agency, Stewart Indian School, Stewart, Nevada (Activity) 

 



[ v04 p785 ]
04:0785(101)NG
The decision of the Authority follows:


 4 FLRA No. 101
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL
 238
 Union
 
 and
 
 DEPARTMENT OF THE INTERIOR,
 BUREAU OF INDIAN AFFAIRS,
 WESTERN NEVADA INDIAN AGENCY,
 STEWART INDIAN SCHOOL, STEWART,
 NEVADA
 Activity
 
                                            Case No. 0-NG-141
 
                 DECISION AND ORDER 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 (THE STATUTE) (5 U.S.C. 7101 ET
 SEQ.).
 
                              UNION PROPOSAL
 
    ARTICLE 21.11 LABOR MANAGEMENT RELATIONS TRAINING
 
    (A) THE EMPLOYER AGREES TO GRANT ADMINISTRATIVE LEAVE TO EMPLOYEES
 WHO ARE UNION OFFICIALS
 
    FOR THE PURPOSE OF ATTENDING UNION SPONSORED TRAINING SESSIONS,
 PROVIDING THE TRAINING IS OF
 
    CONCERN TO THE EMPLOYEES IN THEIR CAPACITIES AS UNION
 REPRESENTATIVES.  ADMINISTRATIVE LEAVE
 
    FOR THIS PURPOSE WILL NOT EXCEED 48 HOURS FOR ANY EMPLOYEE WITHIN A
 12 MONTH PERIOD.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL TO GRANT UP TO 48 HOURS
 OF ADMINISTRATIVE LEAVE TO EMPLOYEES WHO ARE UNION OFFICIALS WITHIN A 12
 MONTH PERIOD TO ATTEND UNION SPONSORED TRAINING IS WITHIN THE AGENCY'S
 DUTY TO BARGAIN UNDER THE STATUTE OR, AS ALLEGED BY THE AGENCY, IS
 OUTSIDE THE DUTY TO BARGAIN BECAUSE IT WOULD V.OLATE STANDARDS
 ESTABLISHED BY THE COMPTROLLER GENERAL.
 
                                  OPINION
 
    CONCLUSION AND ORDER:  THE PROPOSAL DOES NOT VIOLATE ANY
 GOVERNMENT-WIDE RULE OR REGULATION.  ACCORDINGLY, PURSUANT TO SECTION
 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10 AS
 AMENDED BY 45 F.R. 48575), IT IS ORDERED THAT THE AGENCY SHALL UPON
 REQUEST (OR AS OTHERWISE AGREED BY THE PARTIES) BARGAIN ON THIS
 PROPOSAL.  /1/
 
    REASONS:  THE PROPOSAL HEREIN DISPUTE, WHICH WOULD GRANT UP TO 48
 HOURS OF ADMINISTRATIVE LEAVE TO UNION OFFICIALS WITHIN A 12 MONTH
 PERIOD TO ATTEND UNION SPONSORED TRAINING, BEARS NO MATERIAL DIFFERENCE
 FROM SIMILAR PORTIONS OF THE UNION PROPOSAL WHICH WAS BEFORE THE
 AUTHORITY IN NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 951 AND
 DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID-PACIFIC REGIONAL
 OFFICE, SACRAMENTO, CALIFORNIA, 3 FLRA NO. 128 (1980) AND HELD TO BE
 WITHIN THE DUTY TO BARGAIN UNDER THE STATUTE.  IN THAT CASE THE
 AUTHORITY, REJECTING AN ARGUMENT IDENTICAL TO THAT RELIED UPON BY THE
 AGENCY HERE (I.E., THAT THE PROPOSAL WOULD VIOLATE STANDARDS ESTABLISHED
 BY THE COMPTROLLER GENERAL), DETERMINED THAT THE RELEVANT PORTIONS OF
 THE UNION PROPOSAL AUTHORIZING OFFICIAL TIME FOR UNION SPONSORED
 TRAINING DID NOT VIOLATE ANY GOVERNMENT-WIDE RULE OR REGULATION.  /2/
 THEREFORE, BASED ON THE REASONS SET FORTH IN GREATER DETAIL IN
 DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION, THE PROPOSAL HEREIN
 DISPUTE MUST ALSO BE HELD NOT TO VIOLATE ANY APPLICABLE GOVERNMENT-WIDE
 RULE OR REGULATION.
 
    ISSUED, WASHINGTON, D.C., DECEMBER 22, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                          CERTIFICATE OF SERVICE
 
    COPIES OF THE DECISION OF THE FLRA IN THE SUBJECT PROCEEDING HAVE
 THIS DAY BEEN MAILED TO THE PARTIES LISTED:
 
                             MR. ROBERT JAMES
 
                           PRESIDENT, LOCAL 238
 
                      NATIONAL FEDERATION OF FEDERAL
 
                                 EMPLOYEES
 
                                  BOX 218
 
                           STEWART, NEVADA 89437
 
                            MR. MORRIS A. SIMMS
 
                           DIRECTOR OF PERSONNEL
 
                          OFFICE OF THE SECRETARY
 
                        DEPARTMENT OF THE INTERIOR
 
                          WASHINGTON, D.C. 20240
 
                         HONORABLE CECIL D. ANDRUS
 
                         SECRETARY OF THE INTERIOR
 
                          WASHINGTON, D.C. 20240
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ IN SO DECIDING THAT THE SUBJECT PROPOSAL IS WITHIN THE DUTY TO
 BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE
 PROPOSAL.
 
    /2/ THE PORTION OF THE PROPOSAL FOUND TO BE NOT WITHIN THE DUTY TO
 BARGAIN IN THE DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION CASE IS NOT
 ENCOMPASSED BY THE PROPOSAL AT ISSUE BEFORE THE AUTHORITY IN THIS CASE.