39:1279(112)NG - - National Weather Service Employees Organization and Commerce, National Weather Service, Washington, DC - - 1991 FLRAdec NG - - v39 p1279


[ v39 p1279 ]
39:1279(112)NG
The decision of the Authority follows:

39 FLRA No. 112

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL WEATHER SERVICE EMPLOYEES ORGANIZATION

(Union)

and

U.S. DEPARTMENT OF COMMERCE

NATIONAL WEATHER SERVICE

WASHINGTON, D.C.

(Agency)

0-NG-1871

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.

II. Proposal

Employees who are furloughed during a lapse of appropriation will be retroactively paid and otherw