American Federation of Government Employees, Local 2911, AFL-CIO (Union) and Army and Air Force Exchange Service, South Texas Area Exchange, Lackland Air Force Base, Texas (Agency) 

 



[ v07 p719 ]
07:0719(112)NG
The decision of the Authority follows:


 7 FLRA No. 112
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2911
 Union
 
 and
 
 ARMY AND AIR FORCE EXCHANGE SERVICE,
 SOUTH TEXAS AREA EXCHANGE,
 LACKLAND AIR FORCE BASE, TEXAS
 Agency
 
                                            Case No. O-NG-265
 
                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).  UPON CAREFUL
 CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS,
 THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 
    THE RECORD INDICATES THAT THE UNION SOUGHT TO NEGOTIATE TWO PROPOSALS
 CONCERNING, RESPECTIVELY, SUNDAY PREMIUM PAY AND GRADE-AND-PAY
 RETENTION, AS A RESULT OF CHANGES IN AN AGENCY REGULATION.  THE AGENCY
 CONTENDED THAT ITS REVISED REGULATION DID NOT SUBSTANTIVELY CHANGE
 ESTABLISHED POLICY REGARDING CONDITIONS OF EMPLOYMENT.  THE UNION
 CONTENDED THAT IMPLEMENTATION OF THE AGENCY'S REGULATION "WAS A CHANGE
 OF PAST PRACTICE AND A CHANGE IN POLICY AND WORKING CONDITIONS . . .
 WHICH WERE NEGOTIABLE . . . ."
 
    THE CIRCUMSTANCES HEREIN DO NOT GIVE RISE TO A NEGOTIABILITY DISPUTE
 WHICH THE AUTHORITY MAY PROPERLY REVIEW AT THIS TIME PURSUANT TO SECTION
 7117 OF THE STATUTE.  THUS, IT APPEARS THAT THE ESSENCE OF THE DISPUTE
 BETWEEN THE PARTIES CONCERNS THE QUESTION OF THE AGENCY'S OBLIGATION TO
 BARGAIN AND NOT THE NEGOTIABILITY OF THE PARTICULAR PROPOSALS INVOLVED.
 IT IS NOW WELL ESTABLISHED THAT THE PROPER FORUM IN WHICH TO RESOLVE
 SUCH A QUESTION IS NOT A NEGOTIABILITY CASE BUT, RATHER, AN UNFAIR LABOR
 PRACTICE PROCEEDING PURSUANT TO SECTION 7118 OF THE STATUTE AND PART
 2423 OF THE AUTHORITY'S RULES AND REGULATIONS.  SEE, E.G., AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 32 AND OFFICE OF
 PERSONNEL MANAGEMENT, WASHINGTON, D.C., 6 FLRA NO. 15(1981), AND CASES
 CITED THEREIN.  IN THAT REGARD, RESOLUTION OF THE INSTANT DISPUTE MAY BE
 DEPENDENT UPON THE RESOLUTION OF FACTUAL ISSUES RELATING TO THE PARTIES'
 CONDUCT.  SUCH FACTUAL DETERMINATIONS SHOULD BE ACCOMPLISHED THROUGH USE
 OF INVESTIGATORY AND FORMAL HEARING PROCEDURES ESTABLISHED UNDER THE
 STATUTE AND THE AUTHORITY'S RULES AND REGULATIONS.
 
    ACCORDINGLY, APART FROM OTHER CONSIDERATIONS, PURSUANT TO SECTION
 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10(1981)),
 IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW BE, AND IT HEREBY IS,
 DISMISSED WITHOUT PREJUDICE TO THE UNION'S RIGHT TO RESUBMIT TO THE
 AUTHORITY ANY NEGOTIABI