44:0098(8)NG - - AFGE Local 1857 and Air Force, McClellan AFB, CA - - 1992 FLRAdec NG - - v44 p98
[ v44 p98 ]
The decision of the Authority follows:
44 FLRA No. 8
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE AIR FORCE
MCCLELLAN AIR FORCE BASE, CALIFORNIA
DECISION AND ORDER ON A NEGOTIABILITY ISSUE
February 26, 1992
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). The appeal concerns the negotiability of one proposal, which requires certain "regular" unit employees to pay a fee to the Union for representation expenses.(1) For the following reasons, we find that the proposal is nonnegotiable.(2)
Section 1: All regular employees in the exclusive bargaining unit hired at McClellan or converted to a regular category position after this agreement is ratified shall pay a fee, starting by the beginning of the fourth full pay period, to cover all the expenses directly associated with the Union's contractual representational obligations. This fee shall be adjusted on a [sic] annual basis. Such fee shall not exceed the amount determined by the Union as reasonable recompense for the expense of representation under the terms of the Labor Agreement.
Section 2: This fee shall be based solely on expenses incurred due to contractual obligations including; [sic] the percentage of the staff time used to administer the contract; arbitration costs; negotiations expenses; percentage of overhead costs. None of this revenue will be used directly, or indirectly for internal union business.
Section 3: A separate account will be set-up to administrate [sic] these funds. Any funds left over from the previous year shall be applied to the next year's budget and used to offset the direct representational expenses. All expenditures shall be accounted for and all financial records shall be available for inspections.
Section 4: When determining the fee, the Union will prepare a detailed line item projection of all expected expenses. Any revenue from the previous year shall be applied to the next years expenses. The remainder shall be divided equally and deducted from all regular employees pay. Those regular employees hired prior to the ratification of this agreement shall not be required to pay a representational fee, however may elect to do so by submitting a variation of the SF-1187.
Section 5: Any regular employee may elect to give this fee to a certified charity in lieu of the Union if they notify the Union or the NAF Personnel Office between ninety and sixty days prior to the end of the fee's yearly cycle, and said fee violates any religious beliefs.
Section 6: In order to accurately determine the fee to be paid, the Agency shall inform the Union of its total number of regular employees sixty days prior to the next yearly fee cycle.
Section 7: A person wishi