American Federation of Government Employees, Local 1118, AFL-CIO (Union) and Transportation, Federal Aviation Administration, Washington, DC (Activity) 

 



[ v06 p699 ]
06:0699(120)NG
The decision of the Authority follows:


 6 FLRA No. 120
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1118
 Union
 
 and
 
 DEPARTMENT OF TRANSPORTATION,
 FEDERAL AVIATION ADMINISTRATION,
 WASHINGTON, D.C.
 Activity
 
                                            Case No. O-NG-300
 
                DECISION AND ORDER ON NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE).
 
    THE RECORD INDICATES THAT, ON AUGUST 13, 1979, THE OFFICE OF
 MANAGEMENT AND BUDGET (OMB) ISSUED CIRCULAR NO. A-118, WHICH ESTABLISHED
 A GOVERNMENT-WIDE PAID PARKING PROGRAM FOR FEDERAL EMPLOYEES AND
 DIRECTED THE GENERAL SERVICES ADMINISTRATION (GSA) TO DEVELOP
 REGULATIONS FOR THIS PROGRAM.  ON SEPTEMBER 6, 1979, GSA ISSUED FPMR
 TEMPORARY REGULATION D-65 (44 FED.REG. 53161), WHICH PRESCRIBED
 PROCEDURES FOR THE ASSIGNMENT OF PARKING SPACES AND THE ASSESSMENT OF
 FEES.  THEREAFTER, PURSUANT TO THE FOREGOING REGULATIONS, THE ACTIVITY
 PRESENTED THE UNION WITH A DRAFT DIRECTIVE REGARDING "PROCEDURES FOR THE
 ISSUANCE, FEES, COLLECTION AND USE OF EMPLOYEE PARKING PERMITS AT
 WASHINGTON NATIONAL AIRPORT." IN RESPONSE, THE UNION SUBMITTED A
 PROPOSAL WHICH PROVIDED, IN PART, THAT EMPLOYEE PARKING WILL BE BASED ON
 THE "RECOVERY FEE," I.E., THE ACTUAL COSTS INCURRED IN OPERATING THE
 PARKING FACILITY.  /1/ THE ACTIVITY ALLEGED THAT THE PROPOSAL WAS
 NONNEGOTIABLE, ON THE GROUND THAT IT CONFLICTED WITH GOVERNMENT-WIDE
 REGULATIONS, SPECIFICALLY OMB CIRCULAR A-118 AND FPMR TEMPORARY
 REGULATION D-65.  THE UNION FILED AN APPEAL WITH THE AUTHORITY UNDER
 SECTION 7117 OF THE STATUTE, AND THE AGENCY FILED A STATEMENT OF
 POSITION IN WHICH IT ESSENTIALLY REASSERTED THAT THE DISPUTED PROPOSAL
 WAS INCONSISTENT WITH OMB CIRCULAR A-118 AND FPMR TEMPORARY REGULATION
 D-65 AND HENCE WAS NONNEGOTIABLE.
 
    WHILE THIS APPEAL WAS PENDING BEFORE THE AUTHORITY, THE UNITED STATES
 DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RULED THAT THE PAID PARKING
 PLAN, AS EMBODIED IN OMB CIRCULAR A-118, WAS INVALID AND THUS DID NOT
 CONVEY ANY AUTHORITY TO THE GENERAL SERVICES ADMINISTRATION (GSA) TO
 ISSUE A GSA REGULATION IMPOSING FEES FOR PREVIOUSLY FREE PARKING.  SINCE
 THE UNITED STATES DISTRICT COURT ORDERED THAT THE GSA REGULATION BE SET
 ASIDE AND ITS ENFORCEMENT PERMANENTLY ENJOINED, /2/ GSA HAS REVISED THE
 REGULATION TO SUSPEND THE COLLECTION OF PARKING FEES AT THIS TIME IN
 ACCORDANCE WITH THE INJUNCTION.  /3/
 
    INASMUCH AS THE U.S. DISTRICT COURT HAS DECLARED THE GSA PARKING FEE
 REGULATION IMPLEMENTING OMB CIRCULAR A-118 TO BE INVALID AND HAS
 PERMANENTL