11:0122(30)NG - AFGE Local 3748 and Agriculture, Science and Education Administration, Personnel Division, Hyattsville, MD -- 1983 FLRAdec NG



[ v11 p122 ]
11:0122(30)NG
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, 7