09:0635(71)CA - DOD, Air Force, 93rd Combat Support Group, Castle AFB, CA and NAGE Local R12- 91 -- 1982 FLRAdec CA



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09:0635(71)CA
The decision of the Authority follows:


 9 FLRA No. 71
 
 UNITED STATES DEPARTMENT OF DEFENSE
 DEPARTMENT OF THE AIR FORCE
 93RD COMBAT SUPPORT GROUP
 CASTLE AIR FORCE BASE, CALIFORNIA
 Respondent
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R12-91
 Charging Party
 
                                            Case No. 9-CA-1072
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
 AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1 OF THE AUTHORITY'S RULES
 AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 STIPULATION OF FACTS AND THE PARTIES' CONTENTIONS, /1/ THE AUTHORITY
 FINDS:
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1)
 AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
 STATUTE) WHEN IT FAILED AND REFUSED TO GRANT OFFICIAL TIME TO EMPLOYEES
 FRANK L. LUZANIA, PEGGY WHITAKER AND TURNER JOHNSON FOR THEIR
 PARTICIPATION IN COLLECTIVE BARGAINING WITH THE RESPONDENT.  THE
 RESPONDENT'S REFUSAL WAS PREMISED ON THE FACT THAT THE DESIGNATED UNION
 REPRESENTATIVES ARE NOT EMPLOYED WITHIN THE BARGAINING UNIT INVOLVED IN
 THE NEGOTIATIONS.
 
    THE UNION IS THE EXCLUSIVE REPRESENTATIVE OF TWO S