American Federation of Government Employees, Local 1733, AFL-CIO (Union) and Department of the Interior, National Park Service, National Capital Region, Washington, DC (Activity)
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05:0295(40)NG
The decision of the Authority follows:
5 FLRA No. 40
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1733
Union
and
DEPARTMENT OF THE INTERIOR,
NATIONAL PARK SERVICE,
NATIONAL CAPITAL REGION,
WASHINGTON, D.C.
Activity
Case No. 0-NG-335
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
SECTION 23
THE EMPLOYER AGREES TO GRANT TO THE UNION A BLOCK OF 80 HOURS
OFFICIAL TIME EACH YEAR FOR
THE PURPOSE OF UNION REPRESENTATIVES ATTENDING UNION SPONSORED
TRAINING WHICH IS OF MUTUAL
BENEFIT.
QUESTION HERE BEFORE THE AUTHORITY
THE QUESTION IS WHETHER THE UNION'S PROPOSAL THAT THE ACTIVITY GRANT
TO THE UNION A BLOCK OF 80 HOURS OFFICIAL TIME EACH YEAR FOR UNION
REPRESENTATIVES TO ATTEND UNION SPONSORED TRAINING WHICH IS OF MUTUAL
BENEFIT 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
VIOLATE 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 HERE IN DISPUTE, WHICH WOULD GRANT A BLOCK OF
80 HOURS OFFICIAL TIME EACH YEAR TO THE UNION FOR UNION REPRESENTATIVES
TO A