19:0212(22)NG - AFGE Local 2225 and DOD, Naval Air Rework Facility, Norfolk, Virginia -- 1985 FLRAdec NG

 19 FLRA No. 22
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2225
 Union
 
 and
 
 U.S. DEPARTMENT OF DEFENSE,
 NAVAL AIR REWORK FACILITY,
 NORFOLK, VIRGINIA
 Agency
 
                                            Case No. O-NG-1037
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    The petition for review in this case comes before the Federal Labor
 Relations Authority (the Authority) pursuant to section 7105(a)(2)(E) of
 the Federal Service Labor-Management Relations Statute (the Statute),
 and presents an issue concerning the negotiability of the following
 Union proposal:
 
          Section 2.  The Vice-Presidents and stewards will be granted
       reasonable time during working hours without loss of pay or
       benefits to perform the following:
 
          a.  Discuss, prepare and present grievances when acting as a
       representative of an employee.
 
          b.  Confer with employees on appropriate matters directly
       related to the work situation.
 
          c.  Meeting cognizant supervisors or other Employer
       representatives concerning the interpretation and application of
       this agreement as it pertains to personnel policies and practices
       under their authority and jurisdiction.
 
          d.  Initiate requests for or recommendations in connection with
       consultation or negotiation meetings with supervisors or Employer
       representatives.
 
 Upon careful consideration of the entire record, including the parties'
 contentions, /1/ the Authority makes the following determination.
 
    It appears from the record that the proposal would entitle certain
 Union representatives who are not employed in the bargaining unit to
 official time to perform the representational activities described in
 the proposal.  Apparently, some Union Vice-Presidents are employed
 outside the bargaining unit in other components of the Agency.  The
 Agency contends that to the extent that the proposal includes non-unit
 employees, it is outside the duty to bargain.
 
    The Authority recently addressed the question of whether, pursuant to
 section 7131(d) of the Statute, /2/ official time for employees who are
 union representatives is within the duty to bargain when these employees
 are not members of the bargaining unit covered by the contract involved
 and in which the representational activity is being conducted.  In this
 respect, in National Association of Government Employees, Local R7-23
 and Department of the Air Force, Scott Air Force Base, Illinois, 16 FLRA
 No. 96 (1984), the Authority concluded that because the disputed
 proposal in that case would have required official time to be granted to
 union representatives who were not employed in the bargaining unit in
 which the representational activity was being conducted, it did not
 pertain to conditions of employment of unit employees.  Thus, the
 Authority held that section 7131(d) did not operate to otherwise permit
 bargaining over official time for such non-unit employees.
 
    Consequently, since the instant proposal also would require official
 time to be granted to employees who are not in the bargaining unit
 covered by the contract involved and in which the representational
 activity is being performed, the Authority concludes, for the reasons
 stated and the cases cited in Scott Air Force Base, Illinois, that it is
 outside the duty to bargain.
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the Union's petition for review be, and
 it hereby is, dismissed.  Issued, Washington, D.C., July 22, 1985
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The Union did not file a Reply Brief in this case.
 
 
    /2/ Section 7131(d) of the Statute provides:
 
          (d) Except as provided in the preceding subsections of this
       section--
 
          (1) any employee representing an exclusive representative, or
 
          (2) in connection with any other matter covered by this
       chapter, any employee in an appropriate unit represented by an
       exclusive representative,
 
          shall be granted official time in any amount the agency and the
       exclusive representative involved agree to be reasonable,
       necessary, and in the public interest.