09:0251(35)CA - Marine Corps Development and Education Center and AFGE Local 1786 -- 1982 FLRAdec CA

 9 FLRA No. 35
 
 MARINE CORPS DEVELOPMENT AND
 EDUCATION CENTER
 Respondent
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1786, AFL-CIO
 Charging Party
 
                                            Case No. 3-CA-2080
 
                            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 OF THE AUTHORITY'S RULES AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 PARTIES' STIPULATION OF FACTS, THE AUTHORITY FINDS:
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION
 7116(A)(1), (5) AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE) WHEN IT REFUSED TO AUTHORIZE OFFICIAL
 TIME TO DALE B. SCHAFER FOR THE PURPOSE OF REPRESENTING THE CHARGING
 PARTY (AFGE L. 1786) IN CONTRACT NEGOTIATIONS WITH THE RESPONDENT.
 
    AFGE L. 1786 HOLDS EXCLUSIVE RECOGNITION FOR A UNIT CONSISTING OF
 CERTAIN NONAPPROPRIATED FUND (NAF) EMPLOYEES OF THE RESPONDENT.  ON
 JANUARY 13, 1981, THE RESPONDENT AND AFGE L. 1786 MET FOR THE PURPOSE OF
 NEGOTIATING GROUND RULES AND COMMENCING NEGOTIATIONS FOR A NEW
 COLLECTIVE BARGAINING AGREEMENT TO COVER THE NAF UNIT.  DALE B. SCHAFER,
 PRESIDENT OF AFGE L. 1786, SERVED AS A MEMBER OF THE AFGE L. 1786
 NEGOTIATING TEAM.  ALTHOUGH AN EMPLOYEE OF THE RESPONDENT, MR. SCHAFER
 WAS NOT A MEMBER OF THE NAF BARGAINING UNIT FOR WHICH THE CONTRACT WAS
 BEING NEGOTIATED.  MR. SCHAFER'S REQUEST FOR OFFICIAL TIME FOR THE TIME
 SPENT IN NEGOTIATIONS WAS DENIED BY THE RESPONDENT FOR THE REASON THAT
 HE WAS NOT A MEMBER OF THE NAF BARGAINING UNIT AND HE WAS REQUIRED TO
 TAKE TWO HOURS OF LEAVE WITHOUT PAY TO COVER SUCH TIME.
 
    FOR THE REASONS FULLY SET FORTH IN UNITED STATES AIR FORCE, 2750TH
 AIR BASE WING HEADQUARTERS, AIR FORCE LOGISTICS COMMAND,
 WRIGHT-PATTERSON AFB, OHIO, 7 FLRA NO.  118 (1982), THE AUTHORITY FINDS
 THAT THE RESPONDENT'S ACTIONS IN DENYING OFFICIAL TIME TO MR. SCHAFER
 DID NOT VIOLATE SECTION 7116(A)(1), (5) OR (8) OF THE STATUTE AND THAT
 THE COMPLAINT SHOULD BE DISMISSED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 3-CA-2080 BE, AND
 IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., JUNE 24, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY 
 
 
 
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