32:0809(119)NG - - Independent Letterman Hospital Workers' Union and Letterman Army Medical Center, Nutrition Care Division - - 1988 FLRAdec NG - - v32 p809
[ v32 p809 ]
The decision of the Authority follows:
32 FLRA No. 119
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
INDEPENDENT LETTERMAN HOSPITAL
LETTERMAN ARMY MEDICAL CENTER
NUTRITION CARE DIVISION
Case No. O-NG-1508
DECISION AND ORDER ON NEGOTIABILITY ISSUES
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). The appeal concerns a proposal which requires the Agency to release employees from work, with pay and without charge to leave, for service with the National Guard or Army Reserves, under 5 C.F.R. º 610.305(c).
We find that the proposal is inconsistent with 5 C.F.R. º 610.305(c), which is a Government-wide regulation under section 7117(a)(1) of the Statute. Accordingly, we conclude that the proposal is outside the Agency's duty to bargain.
II. The Proposal
Consistent with 5, C.F.R. (Code of Federal Regulations) º 610.305(c), unit employee's serving in activities which the government is interested in encouraging, such as the National Guard or Army Reserves may be granted administrative leave under the provisions of this regulation, to participate in such civil activities.
III. Positions of the Parties
The Agency asserts that the proposal "conflicts with government-wide regulations governing leave administration." Agency Statement of Position at 4. It argues that 5 C.F.R. º 610.305(c) does not authorize the release of employees as required by the proposal because "a military obligation such as voluntary service in the National Guard and Army Reserves Program would not be referred to as a 'civil' activity." Agency Statement of Position at 2.
The Agency states that 5 U.S.C. º 6323(a)(1) authorizes 15 days' "military leave" per year for employees' service with the Guard or Reserves, and that Office of Personnel Management (OPM) regulations (for example, Federal Personnel Manual (FPM) Chapter 630, subchapters 9-6c, 12-2a) authorize employees to supplement their military leave allowances with annual leave and/or leave-without-pay (LWOP). The Agency argues that military leave, annual leave, and LWOP are the only available alternatives for releasing employees from their regular civilian work for service with the Guard or Reserves.
In its allegation to the Union concerning the proposal, the Agency also stated that the proposal violates management's right to assign work under section 7106(a)(2)(B) of the Statute. However, the Agency has not argued this point before us in response to the Union's appeal.
The Union does not dispute the Agency's contention that the proposal requires the Agency to release employees from work under 5 C.F.R. º 610.305(c) for their military obligations with the Na