U.S. Department of the Army, 94th U.S. Army Reserve Command, Hanscom Air Force Base, Massachusetts (Respondent) and American Federation of Government Employees, Local 1900 (Charging Party)

 



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08:0083(13)CA
The decision of the Authority follows:


 8 FLRA No. 13
 
 U.S. DEPARTMENT OF THE ARMY
 94TH U.S. ARMY RESERVE COMMAND
 HANSCOM AIR FORCE BASE
 MASSACHUSETTS
 Respondent
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1900
 Charging Party
 
                                            Case No. 1-CA-274
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO REGIONAL DIRECTOR
 EDWARD S. DAVIDSON'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR
 RELATIONS AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1 OF THE
 AUTHORITY'S RULES AND REGULATIONS (5 CFR 2429.1(A)).
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY
 FINDS:
 
    THE GENERAL COUNSEL ALLEGED IN THE COMPLAINT THAT THE RESPONDENT
 VIOLATED SECTION 7116(A)(1) AND (8) OF THE STATUTE /1/ WHEN IT REFUSED
 TO GRANT OFFICIAL TIME TO ONE OF ITS EMPLOYEES WHILE HE REPRESENTED
 EMPLOYEES OF ANOTHER COMMAND IN CONTRACT NEGOTIATIONS WITH THE LATTER
 COMMAND.  THE ALLEGATION IS THAT THE DENIAL OF OFFICIAL TIME UNDER THESE
 CIRCUMSTANCES IS CONTRARY TO THE REQUIREMENTS OF SECTION 7131(A) OF THE
 STATUTE.  /2/ THE RESPONDENT DENIES THAT ITS ACTION AMOUNTED TO AN
 UNFAIR LABOR PRACTICE. THE QUESTION, THUS, IS WHETHER THE RESPONDENT IS
 REQUIRED BY SECTION 7131(A) TO GRANT OFFICIAL TIME TO ITS EMPLOYEES
 WHILE