09:0823(107)NG ORDER DENYING REQUEST FOR GENERAL RULING -- 1982 FLRAdec NG
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The decision of the Authority follows:
9 FLRA NO. 107 ORDER DENYING REQUEST FOR GENERAL RULING
The General Counsel of the Authority, pursuant to section 2429.4 of the Authority's Rules and Regulations, requested that the Authority issue a general ruling on a major policy issue relating to the Authority's decision in Overseas Education Association and Department of Defense, Office of Dependents Schools, Alexandria, Virginia, 7 FLRA No. 11 (1981). 1
On June 1, 1982, the Authority issued a Decision on Request for Clarification in 7 FLRA No. 11, stating, in pertinent part:
The Authority's decision on the negotiability appeal was, of course, based on the facts and circumstances of that case. That is, since the unit of exclusive recognition involved is no longer appropriate, the Agency has no duty to bargain with the Union concerning the proposals advanced by the Union in the context of negotiations for a new collective bargaining agreement. The decision does not address any other circumstances concerning the bargaining obligation during the pendency of a question concerning representation. [ v9 p823 ]
Accordingly, the Union's request for clarification is granted, and the Authority's decision in 7 FLRA No. 11 is clarified as set forth above.
Accordingly, in view of such clarification, the issuance of a general ruling as requested by the General Counsel is not appropriate. Rather, issues related to the duty to bargain during the pendency of a question concerning representation can more appropriately be resolved on a case-by-case basis. Consequently, IT IS ORDERED that the request of the General Counsel be, and it hereby is, denied.
Issued, Washington, D.C., August 5, 1982
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY [ v9 p824 ]
Footnote 1 As stated by the General Counsel, the major policy issue is as follows: Did the Authority intend in Overseas Education Association and Department of Defense, Office of Dependents Schools, Alexandria, Virginia, 7 FLRA No. 11 (when it held that the Department of Defense Dependents Schools (Agency) was under no statutory duty to bargain with the exclusive representative (Overseas Education Association, NEA) of a bargaining unit which was deemed to be no longer appropriate due to an Agency reorganization), that, as of the date of the Agency reorganization (July, 1979), the AGency was under no statutory duty to maintain recognition of the exclusive representative, adhere to terms of existing agreements, and maintain existing personnel policies, practices and matters affecting working conditions to the extent consonant with the bargaining obligation under the Statute, during the pendency before the Authority of a question concerning representation involving the continued appropriateness of the OEA unit?