17:0122(24)NG - AFGE National Council of Field Labor Locals and Labor -- 1985 FLRAdec NG

 17 FLRA No. 24
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, NATIONAL COUNCIL
 OF FIELD LABOR LOCALS
 Union
 
 and
 
 DEPARTMENT OF LABOR
 Agency
 
                                            Case No. O-NG-702
 
                 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 raises an issue
 regarding the negotiability of the following Union proposal:
 
          Should the funding of DOL's Supplemental Appropriations be
       passed after an employee suffers a loss of pay through furlough,
       DOL will grant each employee adversely affected an amount of
       administrative leave equal to the number of hours/days spent in
       furlough status.  Such administrative leave must be used by
       October 1, 1983.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 The Union's proposal would require the Agency to grant employees who
 suffered a loss of pay through furlough administrative leave equal to
 the number of hours or days spent in furlough status in the event that
 the Department of Labor's supplemental appropriations legislation is
 subsequently enacted.  The Agency contends that the proposal is
 inconsistent with the Federal Personnel Manual (FPM), Supplement 990-2,
 Book 630, Subchapter S11-5, decisions of the Comptroller General and the
 use of appropriated funds as provided under 31 U.S.C. 628.  /1/ Thus,
 the Agency contends that it has no obligations to bargain over the
 Union's proposal pursuant to section 7117(a) of the Statute.  /2/
 
    Contrary to the Agency's claim that its authority to grant
 administrative leave is limited to only those situations enumerated