11:0122(30)NG - AFGE Local 3748 and Agriculture, Science and Education Administration, Personnel Division, Hyattsville, MD -- 1983 FLRAdec NG
[ v11 p122 ]
The decision of the Authority follows:
11 FLRA No. 30 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO LOCAL 3748 Union and DEPARTMENT OF AGRICULTURE, SCIENCE AND EDUCATION ADMINISTRATION, PERSONNEL DIVISION, HYATTSVILLE, MARYLAND Agency Case No. O-NG-491 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 presents issues relating to the negotiability of the following Union proposal. Proposal IV. Official Facilities (d) The employer will make available to the union negotiating team the use of the employer's Federal Telecommunications System facilities during negotiations of ground rules and a collective bargaining agreement to facilitate the collective bargaining process. It is understood that the telephone network will be used only in relation to the official business of collective bargaining. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. In agreement with the Union, the Authority finds that the proposed use of Federal Telecommunications System for labor-management relations purposes, i.e., by Union representatives negotiating a collective bargaining agreement, concerns matters directly related to conditions of employment of bargaining unit employees and is within the duty to bargain under the Statute. See American Federation of Government Employees, AFL-CIO and Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio, 2 FLRA 604, 609-10 (1980), enforced as to other matters sub nom. Department of Defense v. Federal Labor Relations Authority, 659 F.2d 1140 (D.C. Cir. 1981), cert. denied sub nom. AFGE v. FLRA, . . . U.S. . . . , 102 S.Ct. 1443 (1982). The Agency further argues that the proposal is contrary to GSA regulation in that such use of the telephone service cannot be construed to be official business. However, it acknowledges that Union negotiators will be authorized "official time" under section 7131(a) of the Statute. Such negotiators, while on official time, and contrary to the Agency's assertion, are not engaged in "internal union business." Rather, they are deemed to be on "official Government business." See Bureau of Alcohol, Tobacco and Firearms v. Federal Labor Relations Authority, 672 F.2d 732, 738-39 (9th Cir.