National Federation of Federal Employees, Local 1363 (Union) and Headquarters, U.S. Army Garrison, Yongsan, Korea (Agency)



[ v08 p200 ]
08:0200(39)NG
The decision of the Authority follows:


 8 FLRA No. 39
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 1363
 Union
 
 and
 
 HEADQUARTERS, U.S. ARMY
 GARRISON, YONGSAN, KOREA
 Agency
 
                                            Case No. 0-NG-276
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    THE PETITION FOR REVIEW IN 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. 7101-7135).
 
    THIS APPEAL WAS FILED BASED ON THE AGENCY'S ALLEGATION THAT IT DID
 NOT HAVE A DUTY TO BARGAIN OVER TWO UNION PROPOSALS CONCERNING THE USE
 AND ACCEPTANCE OF KOREAN CURRENCY FOR SERVICES RENDERED IN CERTAIN CLUBS
 AND MEMBERSHIP ASSOCIATIONS ON THE FEDERAL MILITARY INSTALLATION AT
 YONGSAN, KOREA.  SUBSEQUENTLY, THE UNION ALSO FILED WITH THE AUTHORITY
 CHARGES THAT THE AGENCY HAD COMMITTED AN UNFAIR LABOR PRACTICE BY
 ALLEGEDLY UNILATERALLY IMPLEMENTING A POLICY OF REQUIRING BARGAINING
 UNIT EMPLOYEES TO PAY IN UNITED STATES DOLLARS FOR SERVICES IN THOSE
 CLUBS AND ASSOCIATIONS.  PURSUANT TO SECTIONS 2423.5 AND 2424.5 OF THE
 AUTHORITY'S RULES AND REGULATIONS (5 CFR 2423.5, 2424.5(1981)), THE
 UNION SELECTED TO PROCEED UNDER THE UNFAIR LABOR PRACTICE CHARGE AND TO
 SUSPEND FURTHER ACTION ON THE NEGOTIABILITY APPEAL.
 
    UPON INVESTIGATION, THE REGIONAL DIRECTOR CONCLUDED THAT FURTHER
 PROCEEDINGS ON THE UNION'S CHARGE WERE NOT WARRANTED.  THE UNION
 THEREUPON APPEALED THE REGIONAL DIRECTOR'S DETERMINATION TO THE GENERAL
 COUNSEL.  NOTING PARTICULARLY THAT BARGAINING UNIT EMPLOYEES EARN THEIR
 SALARY IN UNITED STATES DOLLARS, THE GENERAL COUNSEL DENIED THE UNION'S
 APPEAL " . . .  SINCE IT WAS DETERMINED THAT THE IMPLEMENTATION OF (THE
 AGENCY'S) DIRECTIVE EFFECTED NO MATERIAL CHANGE IN CONDITIONS OF
 EMPLOYMENT . . . IN THE BARGAINING UNIT . . . " THUS, WITHOUT REACHING
 THE QUESTION RAISED IN THE NEGOTIABILITY APPEAL OF WHETHER THE CURRENCY
 TO BE USED IN THE INSTALLATION'S CLUBS CONSTITUTES A CONDITION OF
 EMPLOYMENT OF BARGAINING UNIT EMPLOYEES, THE GENERAL COUNSEL DETERMINED
 THAT, IN ANY EVENT, NO MATERIAL CHANGE IN WORKING CONDITIONS HAD BEEN
 EFFECTED AND, THEREFORE, THE AGENCY HAD NO OBLIGATION TO BARGAIN OVER
 PROPOSALS RELATING TO THAT ISSUE.
 
    IN THE ABSENCE OF A DUTY TO BARGAIN BETWEEN THE PARTIES TO THIS CASE,
 ISSUES AS TO THE SCOPE OF BARGAINING, I.E., WHETHER THE PROPOSAL IN
 DISPUTE HEREIN CONCERNS THE CONDITIONS OF EMPLOYMENT OF BARGAINING UNIT
 EMPLOYEES, ARE NOT APPROPRIATE FOR RESOLUTION BY THE AUTHORITY.  FOR THE
 FOREGOING REASONS, IT IS CONCLUDED THAT THE NEGOTIABILITY ISSUES RAISED
 IN THE INSTANT APPEAL WERE RENDERED MOOT BY THE GENERAL COUNSEL'S
 DETERMINATION THAT NO MATERIAL CHANGE HAD BEEN EFFECTED IN CONDITIONS OF
 EMPLOYMENT AND, THEREFORE, THAT THE AGENCY WAS NOT OBLIGATED TO BARGAIN
 OVER UNION PROPOSALS CONCERNING THAT ISSUE.  CF. OVERSEAS EDUCATION
 ASSOCIATION AND