35:0638(71)NG - - NAGE Local R7-23 and Air Force, Scott AFB, IL - - 1990 FLRAdec NG - - v35 p638
[ v35 p638 ]
The decision of the Authority follows:
35 FLRA No. 71
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE AIR FORCE
SCOTT AIR FORCE BASE, ILLINOIS
DECISION AND ORDER ON NEGOTIABILITY ISSUES
April 24, 1990
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority based on a negotiability appeal filed by the Union under section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). The proposal in dispute requires the Agency to reimburse unit employees for all expenses, including attorney's fees, court costs, and leave, resulting from civil or criminal actions against unit employees where: (1) those actions arise out of the employees' employment by the Agency and (2) the employee is found to be innocent of or not liable for major charges. The proposal would also give retroactive effect to these requirements.
We find that the proposal is nonnegotiable under section 7117(a)(1) of the Statute because it would require the reimbursement of employee attorney expenses in the absence of a statutory authorization for the expenditure of Federal funds for that purpose.
a. The Employer shall reimburse unit employees for all a