14:0107(22)CA - DOD Dependents Schools and NEA/Overseas Education Association, Pacific Area Director -- 1984 FLRAdec CA
[ v14 p107 ]
The decision of the Authority follows:
14 FLRA No. 22 DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS Respondent and NATIONAL EDUCATION ASSOCIATION/OVERSEAS EDUCATION ASSOCIATION, PACIFIC AREA DIRECTOR Charging Party Case No. 38-CA-20113 DECISION AND ORDER This matter is before the Authority pursuant to the Regional Director's "Order Transferring Case to the Authority" in accordance with section 2429.1(a) of the Authority's Rules and Regulations. Upon consideration of the entire record in this case, including the stipulation of facts and the parties' contentions, the Authority finds: The complaint herein alleges that the Respondent failed and refused to comply with section 7131(a) of the Federal Service Labor-Management Relations Statute (the Statute) by denying the Union's request for travel and per diem expenses for Union negotiator William Schussel for negotiations conducted on August 24 and September 2, 3, 4 and 9, 1981, and the mediation session conducted on September 28, 1981, in violation of section 7116(a)(1) and (8) of the Statute. The threshold issue presented in this case is the same as the threshold issue presented in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439(1983) wherein the United States Supreme Court concluded that the obligation of any agency under section 7131(a) of the Statute to provide official time to employees representing an exclusive representative in the negotiation of a collective bargaining agreement does not encompass the payment of travel expenses and per diem allowances. Pursuant to that decision and for the reasons set forth by the Court, the Authority concludes herein that the Respondent did not fail or refuse to comply with the provisions of section 7131(a) of the Statute. Therefore, it follows that the Respondent did not violate section 7116(a)(1) and (8) of the Statute. /1/ ORDER IT IS ORDERED that the complaint in Case No. 38-CA-20113 be, and it hereby is, dismissed. /2/ Issued, Washington, D.C., March 23, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ In view of the disposition herein, the Authority finds it unnecessary to consider the Respondent's alternative arguments. /2/ The Authority received a motion filed by the Counsel for the General Counsel seeking to have the case remanded to the Regional Director for withdrawal of the complaint and dismissal of the charge. In view of the Authority's disposition on the merits of this case, the Counsel for the General Counsel's motion is hereby denied.