Association of Civilian Technicians, Granite State Chapter (Association) and The Adjutant General, State of New Hampshire (Activity) 

 



[ v07 p241 ]
07:0241(36)CA
The decision of the Authority follows:



7 FLRA NO. 36
 7 FLRA 241

19 NOV 1981


ASSOCIATION OF CIVILIAN
TECHNICIANS, GRANITE STATE
CHAPTER

                Association

       and

THE ADJUTANT GENERAL, STATE
OF NEW HAMPSHIRE

                  Activity

Case No. O-NG-317

DECISION AND ORDER ON NEGOTIABILITY ISSUE

     This case comes before theFederal 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. 7101-7135). Based on the record in this case, the issue
presented is the negotiability of the following Association
proposal:

     Upon receipt of the employer's proposals and
counterproposals the union negotiating team will be granted
official time equal to the time used by management, or hours
whichever is less, prior to the first negotiating session as part
of the actions required as a result of negotiations.

     Question Before the Authority

     The specific question before the Authority is whether the
Association's proposal, which pertains to official time following
receipt of the employer's proposal and counterproposals and prior
to the first negotiating session, is outside the duty to bargain
and outside of the purview of section 7131(a) of the Statute as
alleged by the Activity.

     Opinion

     Conclusion and Order: The proposal is outside of the purview
of section 7131(a) of the Statute. However, the proposal is
within the [ v7  p241 ] duty to bargain pursuant to section 7131(d)
of the Statute. 1 Accordingly, pursuant to section 2424.10 of the
Authority's Rules and Regulations (5 CFR 2424.10 (1981)), IT IS
ORDERED that the Activity shall upon request (or as otherwise
agreed to by the parties) bargain concerning the Association's
proposal. 2

     Reasons: The Authority has held in several decisions that
disputed proposals relating to use of official time for union
representatives for preparation in collective bargaining
negotiations concerned matters [ v7  p242 ] which fall within the
duty to bargain under section 7131(d) of the Statute. 3 After
discussing in detail the matter of official time for such
preparations, in Mather Air Force Base, 4 the Authority stated:

     In summary . . . the amount of official time to be used by
union negotiators to prepare for collective bargaining
negotiations is a matter which falls within the duty to bargain
as provided in section 7131(d) of the Statute, as distinguished
from the use of official time by employees representing an
exclusive representative in the actual "negotiation of a
collective bargaining agreement" which is expressly authorized by
section 7131(a) of the Statute itself . . . . (Emphasis in
original.)

     Based on the express language of the instant proposal and
the record in this case, the proposal here in dispute is
concerned with the amount of official time or a specified number
of hours to be used by Association negotiators to prepare for
collective bargaining negotiations, that is, to review the
employer's proposals and counterproposals prior to the parties'
first, joint negotiating session. In the circumstances of the
instant case, the Authority is of the opinion that such review
constitutes "preparations" under the [ v7  p243 ] official time
provisions of the Statute. Accordingly, consistent with the
reasons set forth in greater detail in Mather Air Force Base, the
proposal here in dispute must be held to be within the duty to
bargain.

     Issued, Washington, D.C., November 19, 1981

     Ronald W. Haughton, Chairman

     Henry B. Frazier III, Member

     Leon B. Applewhaite, Member

    FOOTNOTES

     Footnote 1 Section 7131 of the Statute provides as follows: 
7131. Official time   (a) Any employee representing an exclusive
representative in the negotiation of a collective bargaining
agreement under this chapter shall be authorized official time
for such purposes, including attendance at impasse proceeding,
during the time the employee otherwise would be in a duty status.
The number of employees for whom official time is authorized
under this subsection shall not exceed the number of individuals
designated as representing the agency for such purposes.   (b)
Any activities performed by any employee relating to the internal
business of a labor organization (including the solicitation of
membership, elections of labor organization officials, and
collection of dues) shall be performed during the time the
employee is in a nonduty status. (c) Except as provided in
subsection (a) of this section, the Authority shall determine
whether any employee participating for, or on behalf of, a labor
organization in any phase of proceedings before the Authority
shall be authorized official time for such purpose during the
time the employee otherwise would be in a duty status.   (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.

     Footnote 2 In deciding that the proposal is within the duty
to bargain, the Authority, of course, makes no  judgment as to
its merit.

     Footnote 3 American Federation of Government Employees,
AFL-C