10:0550(95)NG - NFFE Local 29 and Army Engineer District, Kansas City, MO -- 1982 FLRAdec NG



[ v10 p550 ]
10:0550(95)NG
The decision of the Authority follows:


 10 FLRA No. 95
 
 NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES, LOCAL 29
 Union
 
 and
 
 U.S. ARMY ENGINEER DISTRICT,
 KANSAS CITY, MO.
 Agency
 
                                            Case No. O-NG-467
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and raises the question
 of the negotiability of the following Union proposal.
 
                              Union Proposal
 
          1.  That all employees be notified, on travel orders and
       annually of the requirement to file travel vouchers no later than
       15 days after completion of travel;
 
          2.  That employees that do not comply with paragraph 1, or who
       are indebted to the U.S. Government be officially notified that
       payment be made within 15 days of the receipt of the notice;
 
          3.  That payment becomes delinquent after 30 days from the date
       of the notice and payroll deductions will be initiated;  unless a
       waiver or payment arrangements have been made;
 
          4.  That no interest charge be made.  (Interest charge for
       delinquent unused travel advances).  (Only the underscored
       language is in dispute.)
 
    Upon careful consideration of the entire record, including the
 contentions of the parties, the Authority makes the following
 determinations:  The proposal is concerned with the conditions under
 which employees will reimburse the Agency for monies they have received
 through advances where the work-related expenses actually incurred are
 less than the advance.  The proposal is in dispute only insofar as it
 provides that no interest will be charged.
 
    The Agency contends that the proposal is outside the duty to bargain
 because it conflicts with the requirement that interest be charged on
 delinquent debts under the regulations of the General Accounting Office
 and the Department of Justice /1/ and correlative guidance in the
 Treasury Fiscal Requirements Manual (TFRM) /2/ referred to in the
 regulations.  /3/ Assuming that the regulations and guidance apply to
 bargaining unit employees, such regulations and guidance, as the Union
 specifically references in its response to the Agency's statement,
 permit agencies to enter into contracts providing for different payment
 rules and to waive late charges in some circumstances.  Thus, as claimed
 by the Union, under the regulations and guidance in question, an agency
 has the discretion to enter into an agreement which could provide for no
 interest to be charge