16:0625(90)NG - National EPA Council, AFGE and EPA -- 1984 FLRAdec NG
[ v16 p625 ]
The decision of the Authority follows:
16 FLRA No. 90 NATIONAL EPA COUNCIL, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union and ENVIRONMENTAL PROTECTION AGENCY Agency Case No. O-NG-738 DECISION AND ORDER ON NEGOTIABILITY ISSUES This petition for review comes before the Federal Labor Relations Authority (the Authority) pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute) and presents issues concerning the negotiability of the following two Union proposals: It is agreed that no official transcript will be made of the proceedings of negotiations; however, each party will be permitted one additional person to take notes. Such individual will be in a duty status. Both the union and management may have up to three resources/observer persons in the room during negotiations at any given time. All such resource/observer persons will be in duty status. (Only the underlined portions of the proposals are in dispute.) Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. According to the record, the Agency has decided to have only one person represent it in negotiations. Inasmuch as this would limit the entitlement to official time for the Union's representatives in negotiations to one person under section 7131(a) of the Statute, the proposals, as explained by the Union, seek official time for additional persons for the purpose of participation in negotiations on behalf of the Union. Insofar as the proposals are for this purpose they are materially to the same effect as Union Proposal 2 in American Federation of Government Employees, AFL-CIO and U.S. Environmental Protection Agency, 15 FLRA No. 96 (1984), which the Authority found negotiable pursuant to section 7131(d) of the Statute. For the reasons fully expressed in EPA, the two Union proposals presented herein are within the duty to bargain. Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the Agency shall upon request (or as otherwise agreed to by the parties) bargain concerning the two Union proposals presented herein. /1/ Issued, Washington, D.C., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ In finding these Union proposals within the duty to bargain, the Authority makes no judgment as to their merits.