48:0291(24)NG - - United Power Trades Organization and Army Corps of Engineers, North Pacific Division, Portland, OR - - 1993 FLRAdec NG - - v48 p291



[ v48 p291 ]
48:0291(24)NG
The decision of the Authority follows:


48 FLRA No. 24

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

UNITED POWER TRADES ORGANIZATION

(Union)

and

U.S. DEPARTMENT OF THE ARMY

ARMY CORPS OF ENGINEERS

NORTH PACIFIC DIVISION

PORTLAND, OREGON

(Agency)

0-NG-2141

_____

DECISION AND ORDER ON A NEGOTIBILITY ISSUE

August 18, 1993

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on a negotiability appeal filed by the Union under section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute), and concerns the negotiability of a single proposal obligating the Agency to reimburse employees' job-related license fees. For the reasons which follow, we find that the proposal is nonnegotiable.

II. Proposal

The [A]gency shall reimburse bargaining unit employees for any license fees they are required to pay, i.e.: motor vehicle licenses, sewage treatment licenses, and the like, provided that the employer requires the employees to hold such licenses as a condition of employment.

III. Positions of the Parties

The Agency argues that the proposal is nonnegotiable under section 7117(a)(1) of the Statute because it is inconsistent with the Government Employees Training Act, 5 U.S.C. §§ 4101-4118 (Training Act).

The Union argues that, notwithstanding Authority precedent to the contrary, the definition of training in the Training Act is "broad enough" to permit reimbursing employees for license fees. Reply Brief at 1. The Union also contends that a finding that expenditures for licenses are not authorized by the Training Act "does not mean [such expenditures] would be 'inconsistent with' the [Training] Act." Id. According to the Union, nothing in the Training Act "states or implies that it is the exclusive source of funding for expenses incurred by employee in order to . . . hold their positions." Id. at 2. Mor