File 2: Opinion of Member Wasserman

[ v55 p373 ]


Concurring Opinion of Member Wasserman

      I agree with the conclusions reached in Part V, subparts A through C of the majority opinion.

      Where I disagree with my colleagues, however, is their finding that Authority precedent requires a conclusion that the Union's section 7106(b)(1) claim is a "bare assertion" and cannot support a conclusion that the proposal concerns a section 7106(b)(1) matter. Authority precedent holds that a union's claim that a proposal is within the duty to bargain under that section will not be addressed when the union fails to offer any argument or authority to support its claim and it is not otherwise apparent that the proposal concerns a section 7106(b)(1) matter. See National Association of Government Employees, Local R1-109 and Department of Veterans Affairs, Medical Center, Newington, Connecticut, 53 FLRA 403, 408 (1997). See also National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs, Medical Center, Newington, Connecticut, 54 FLRA 521, 528 (1998) (Authority dismissed petition for review where the union offered no basis for finding that its proposals concerned a matter falling within section 7106(b)(1) and it was not otherwise apparent from the record that the proposals concerned such a matter). As the court found in U.S. Department of Transportation, Federal Aviation Administration v. FLRA, 145 F.3d 1425, 1428 (D.C. Cir. 199