14:0111(24)CA - DOD Dependents Schools and Overseas Education Association -- 1984 FLRAdec CA

 14 FLRA No. 24
 
 
 DEPARTMENT OF DEFENSE
 DEPENDENTS SCHOOLS
 Respondent
 
 and
 
 OVERSEAS EDUCATION ASSOCIATION
 Charging Party
 
                                            Case No. 3-CA-2717
 
                            DECISION AND ORDER
 
    This matter is before the Authority pursuant to the Regional
 Director's "Order Transferring Case to the Authority" in accordance with
 section 2429.1(a) of the Authority's Rules and Regulations.
 
    Upon consideration of the entire record in this case, including the
 stipulation of facts and the parties' contentions, the Authority finds:
 
    The complaint alleges that the Respondent violated section 7116(a)(1)
 and (8) of the Federal Service Labor-Management Relations Statute (the
 Statute) by its failure and refusal to comply with the provisions of
 section 7131(a) of the Statute.  Thus, the Respondent refused the
 Union's request for travel orders and per diem expenses for its
 designated employee representatives at negotiations conducted between
 the parties commencing on May 4, 1981, and for mediation sessions
 conducted on May 27, 28 and 29, 1981.
 
    The facts and positions of the parties are substantially identical to
 those involved in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104
 S.Ct. 439(1983) wherein the United States Supreme Court concluded that
 the obligation of an agency under section 7131(a) of the Statute to
 provide official time to employees representing an exclusive
 representative in the negotiation of a collective bargaining agreement
 does not encompass the payment of travel expenses and per diem
 allowances.  Pursuant to that decision and for the reasons set forth by
 the Court, the Authority concludes herein that the Respondent did not
 fail or refuse to comply with the provisions of section 7131(a) of the
 Statute.  Therefore, it follows that Respondent did not violate section
 7116(a)(1) and (8) of the Statute.
 
                                   ORDER
 
    IT IS ORDERED that the complaint in Case No. 3-CA-2717 be, and it
 hereby is, dismissed.  /1/
 
    Issued, Washington, D.C., March 23, 1984
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Authority received a motion filed by the Counsel for the
 General Counsel seeking to have the case remanded to the Regional
 Director for withdrawal of the complaint and dismissal of the charge.
 In view of the Authority's disposition on the merits of this case, the
 Counsel for the General Counsel's motion is hereby denied.