22:0727(82)NG - National Weather Ssevice Employees Organization and Commerce, National Weather Service -- 1986 FLRAdec NG



[ v22 p727 ]
22:0727(82)NG
The decision of the Authority follows:


 22 FLRA No. 82
 
 NATIONAL WEATHER SERVICE 
 EMPLOYEES ORGANIZATION
 Union
 
 and
 
 DEPARTMENT OF COMMERCE 
 NATIONAL WEATHER SERVICE
 Agency
 
                                            Case No. 0-NG-1242
 
                 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
 negotiability of the following Union proposal:
 
                  Section 9.  UNION/MANAGEMENT GRIEVANCES
 
          b.  Union grievances shall be initiated in writing by the
       President, NWSEO, and presented to the Assistant Administrator for
       NWS within thirty (30) calendar days of the action or condition
       giving rise to the grievance.  Decisions by management shall be
       rendered in writing no later than thirty (30) calendar days
       following receipt of the grievance.  Should the issue remain
       unresolved, arbitration may be invoked by the union under the
       provisions of Article 10.
 
                       II.  Positions of the Parties
 
    Based upon statements made during negotiations, /1/ the Agency argues
 that this proposal "as it is interpreted and intended to be applied by
 the Union" is contrary to:
 
          1.  5 U.S.C. Section 7121(b)(3)(A) because it would not require
       the Union, when filing a grievance, to identify the grievant;
 
          2.  5 U.S.C. Section 7102 because it violates an employee's
       right to refrain from assisting a union in that a grievance could
       be filed without an employee's knowledge or consent;
 
          3.  5 U.S.C. Section 7701(c)(2) because, if a violation were
       found, an arbitrator could fashion a "class action" remedy
       applying to both harmed and unharmed employees;
 
          4.  5 U.S.C. Section 7121(b)(3)(B) because it removes an
       employee's right to file a grievance on that employee's own
       behalf;  and
 
          5.  5 U.S.C. Sections 7101(b) and 7121(b)(1), which require
       that a grievance procedure be consistent with an effective and
       efficient government and that it be "simple", because the Union
       could file a grievance on behalf of "any number of unidentified
       employees without specifying what harm to employees has occurred."
 
    The Union contends that the proposal does not concern the scope of
 the grievance procedure but, rather, only restates the law, i.e., 5
 U.S.C. Section 7103(a)(9