22:0727(82)NG - National Weather Ssevice Employees Organization and Commerce, National Weather Service -- 1986 FLRAdec NG
[ v22 p727 ]
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).