39:1279(112)NG - - National Weather Service Employees Organization and Commerce, National Weather Service, Washington, DC - - 1991 FLRAdec NG - - v39 p1279
[ v39 p1279 ]
The decision of the Authority follows:
39 FLRA No. 112
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL WEATHER SERVICE EMPLOYEES ORGANIZATION
U.S. DEPARTMENT OF COMMERCE
NATIONAL WEATHER SERVICE
DECISION AND ORDER ON NEGOTIABILITY ISSUE
March 20, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on 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 one proposal. The proposal requires the Agency, insofar as legally permissible and to the extent appropriations allow, to reimburse employees for wages and other compensation lost due to a furlough resulting from a "sequestration" or "lapse of appropriation."
For the reasons stated below, we find that the proposal is negotiable.
Employees who are furloughed during a lapse of appropriation will be retroactively paid and otherwise compensated when appropriations are approved to the extent permitted by law and regulation.
III. Positions of the Parties
The Union states that the purpose of the proposal is to reimburse those employees who were furloughed as a result of the implementation of a Gramm-Rudman sequestration order in the event that Congress reached a target budget after implementation of the order and the Agency is subsequently given an appropriation sufficient to have covered its personnel costs had there not been a furlough. Petition for Review at 1.
In its petition for review, the Union states that the Agency orally declared the proposal to be nonnegotiable during a bargaining session relating to the impact and implementation of a possible Gramm