22:0492(51)NG - NWSEO, MEBA, and Commerce, National Weather Service -- 1986 FLRAdec NG

 22 FLRA No. 51
 
 NATIONAL WEATHER SERVICE EMPLOYEES 
 ORGANIZATION, MEBA, AFL-CIO
 Union
 
 and
 
 DEPARTMENT OF COMMERCE 
 NATIONAL WEATHER SERVICE
 Agency
 
                                            Case No. 0-NG-1116
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
                         I.  Statement of the Case
 
    This case is before the Authority because of a negotiability appeal
 filed under section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and concerns the
 following Union proposal which arose during the course of negotiations
 on ground rules for a new collective bargaining agreement between the
 parties:
 
          Travel and per diem will be granted only to those bargaining
       unit employees identified in accordance with this agreement whose
       official duty station is outside the Washington, D.C. commuting
       area.  On Thursday, Friday and Saturday of the previous week, team
       members will be granted official time for preparation if he/she
       would normally be in a duty status.  No per diem will be paid for
       preparation time.  (Only the underscored portion is in dispute.)
 
                       II.  Position of the Parties
 
    The Agency essentially contends that the proposal is outside the
 scope of bargaining because it does not concern conditions of employment
 within the meaning of section 7103(a)(14) of the Statute.  In support of
 this contention it argues that the subject of travel expenses is
 specifically provided for by the Travel Expense Act, 5 U.S.C. Sections
 5701, et seq.  In addition, the Agency contends that the disputed part
 of the proposal is inconsistent with certain Comptroller General
 decisions interpreting and applying the Travel Expense Act.
 
    The Union states that the intent of the disputed portion of the
 proposal is to provide