11:0630(108)NG DIGEST HEADINGS STATUTE SUBJECT MATTER INDEX ENTRIES DIGEST NOTES DECISION AND ORDER ON NEGOTIABILITY ISSUE -- 1983 FLRAdec NG
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The decision of the Authority follows:
11 FLRA NO. 108
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 225 Union and U.S. ARMY ARMAMENT RESEARCH AND DEVELOPMENT COMMAND, DOVER, NEW JERSEY Agency Case No. 0-NG-438
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 issues relating to the negotiability of the following Union proposal. 1
NAF employees will have the same privileges as other ARRADCOM employees in regard to the use of ARRADCOM facilities, i.e., credit union, picnic area, payroll deductions, recreational facilities.
All NAF employees will be allowed to use the NAF facilities without charge of membership or usage fees. [ v11 p630]
Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination.
Insofar as this proposal deals with the "picnic area" and recreational facilities, it is to the same effect as the proposal held to be outside the duty to bargain because it did not concern matters which are "conditions of employment" within the meaning of section 7103(a)(14) of the Statute in International Association of Fire Fighters, AFL-CIO-CLC, Local F-116 and Department of the Air Force, Vandenberg Air Force Base, California, 7 FLRA No. 18 (1981). Based on Vandenberg Air Force Base and for the reasons stated therein, it is therefore concluded that the instant proposal is outside the duty to bargain.
Insofar as the proposal also concerns the "credit union" and "payroll deductions," the record in the case would not be sufficiently specific to allow a determination of whether such matters in the circumstances would be conditions of employment and, in any event, the Union has not asked the Authority to fragment the proposal. 2
Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed.
Issued, Washington, D.C., March 18, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY
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Footnote 1 The Agency's request to dismiss the Union's petition for review as being untimely filed is denied. In this regard, the record indicates that the Union, upon receiving an unrequested allegation of nonnegotiability, elected to exercise its right under section 2424.3 of the Authority's Rules and Regulations to submit a written request for another allegation and, subsequently, filed its petition for review in this case with the Authority within 15 days of service on it of such written allegation in accordance with section 2424.3. See Production, Maintenance, and Public Employees Union, Local No. 1276, Affiliated with LIUNA, AFL-CIO and Defense Logistics Agency, Defense Depot Tracy, Tracy, California, 9 FLRA No. 127 (1982).
Footnote 2 For a discussion of the considerations relevant to a determination of whether a matter affects conditions of employment see, American Federation of Government Employees, AFL-CIO and Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio, 2 FLRA 604 (1980) (Proposal I concerning day care facilities), 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) and National Association of Air Traffic Specialists and Department of Transportation Federal Aviation Administration, 6 FLRA No. 106 (1981)(Proposal IV concerning payroll deductions.)