23:0342(45)PS - Decision on Request for General Statement of Policy or Guidance -- 1986 FLRAdec PS

 23 FLRA No. 45
 
                                            Case No. 0-PS-29
 
      DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
 GUIDANCE
 
    The Authority received a request from the Department of Justice
 (Justice) that the Authority issue a general statement of policy or
 guidance on the following questions:
 
          (1) Whether the General Counsel of the Federal Labor Relations
       Authority, pursuant to his charter under 5 U.S.C. Section 7105 and
       7118, is vested with the authority to unilaterally engage in the
       informal settlement of an unfair labor practice involving a
       violation of 5 U.S.C. Section 7116(b)(7);  and, if so, whether and
       to what extent, this authority is limited.
 
          (2) Whether a settlement agreement which merely provides for
       posting a notice is, in itself, sufficient to constitute "tak(ing)
       any other appropriate disciplinary action" as required by 5 U.S.C.
       Section 7120(f)(2).
 
          (3) Whether the act of calling for, or condoning, a strike,
       work stoppage, or slowdown by a labor organization, in violation
       of 5 U.S.C. Section 7116(b)(7) is, in the absence of an actual
       strike, sufficient to require that the action set out at 5 U.S.C.
       Section 7120(f) be carried out.
 
    The Authority has carefully considered this request and has
 determined that it does not satisfy the standards governing the issuance
 of general statements of policy or guidance set forth in section 2427.5
 of the Authority's Rules and Regulations, which provides in pertinent
 part:
 
          Section 2427.5 Standards governing issuance of general
       statements of policy or guidance.
 
          In deciding whether to issue a general statement of policy or
       guidance, the Authority shall consider:
 
          (c) Whether the resolution of the question presented would have
       general applicability under the Federal Service Labor-Management
       Relations Statute;
 
          (f) Whether the issuance by the Authority of a general
       statement of policy or guidance on the question would promote
       constructive and cooperative labor-management relationships in the
       Federal service and would otherwise promote the purposes of the
       Federal Service Labor-Management Relations Statute.
 
    Underlying Justice's request, in our view, is a desire to have the
 Authority examine the role of the General Counsel in investigating,
 prosecuting and remedying conduct which is alleged to violate section
 7116(b)(7) of the Statute.  /1/ Justice would apparently limit the role
 of the General Counsel in entering into unilateral informal settlement
 agreements in such cases.
 
    Considering first the standard set forth in section 2427.5(f) of our
 Rules and Regulations, we find that issuance of a general statement of
 policy or guidance with respect to the limitation on the role of the
 General Counsel suggested by Justice would not promote constructive and
 cooperative labor-management relationships or otherwise promote the
 purposes of the Statute.  Rather, issuance of the statement requested by
 Justice would have the opposite effect.  It would impinge on the
 statutory