09:0635(71)CA - DOD, Air Force, 93rd Combat Support Group, Castle AFB, CA and NAGE Local R12- 91 -- 1982 FLRAdec CA

 9 FLRA No. 71
 
 UNITED STATES DEPARTMENT OF DEFENSE
 DEPARTMENT OF THE AIR FORCE
 93RD COMBAT SUPPORT GROUP
 CASTLE AIR FORCE BASE, CALIFORNIA
 Respondent
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R12-91
 Charging Party
 
                                            Case No. 9-CA-1072
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
 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
 STIPULATION OF FACTS AND THE PARTIES' CONTENTIONS, /1/ 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) WHEN IT FAILED AND REFUSED TO GRANT OFFICIAL TIME TO EMPLOYEES
 FRANK L. LUZANIA, PEGGY WHITAKER AND TURNER JOHNSON FOR THEIR
 PARTICIPATION IN COLLECTIVE BARGAINING WITH THE RESPONDENT.  THE
 RESPONDENT'S REFUSAL WAS PREMISED ON THE FACT THAT THE DESIGNATED UNION
 REPRESENTATIVES ARE NOT EMPLOYED WITHIN THE BARGAINING UNIT INVOLVED IN
 THE NEGOTIATIONS.
 
    THE UNION IS THE EXCLUSIVE REPRESENTATIVE OF TWO SEPARATE BARGAINING
 UNITS AT THE RESPONDENT ACTIVITY.  ONE OF THESE UNITS INCLUDES ALL
 NON-APPROPRIATED FUND EMPLOYEES WHILE THE OTHER INCLUDES ALL WAGE GRADE
 AND GENERAL SCHEDULE EMPLOYEES, I.E., APPROPRIATED FUND EMPLOYEES.  WITH
 REGARD TO NEGOTIATIONS FOR NON-APPROPRIATED FUND EMPLOYEES, THE UNION
 DESIGNATED THREE OF ITS LOCAL OFFICERS AS ITS REPRESENTATIVES.  THE
 THREE OFFICERS, LUZANIA, WHITAKER AND JOHNSON, ARE ALL APPROPRIATED FUND
 EMPLOYEES AND THUS ARE NOT EMPLOYED IN THE NON-APPROPRIATED FUND
 BARGAINING UNIT.
 
    THE FACTS AND POSITIONS OF THE PARTIES IN THIS CASE ARE SUBSTANTIALLY
 IDENTICAL TO THOSE IN UNITED STATES AIR FORCE, 2750TH AIR BASE WING
 HEADQUARTERS, AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AFB, OHIO, 7
 FLRA NO. 118 (1982).  FOR THE REASONS MORE FULLY STATED IN UNITED STATES
 AIR FORCE, THE AUTHORITY CONCLUDES THAT RESPONDENT'S CONDUCT IN REFUSING
 TO PROVIDE OFFICIAL TIME TO THE EMPLOYEES NAMED ABOVE WAS NOT VIOLATIVE
 OF SECTION 7116(A)(1) AND (8) OF THE STATUTE.  /2/ THUS, OFFICIAL TIME
 ENTITLEMENT UNDER SECTION 7131(A) ACCRUES ONLY TO EMPLOYEES SERVING AS
 DESIGNATED UNION REPRESENTATIVES WHO ARE MEMBERS OF THE BARGAINING UNIT
 FOR WHICH NEGOTIATIONS ARE BEING CONDUCTED.  ACCORDINGLY, THE AUTHORITY
 FINDS THAT THE COMPLAINT SHOULD BE DISMISSED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 9-CA-1072 BE, AND
 IT HEREBY IS, DISMISSED.  
 
 ISSUED, WASHINGTON, D.C., JULY 21, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE GENERAL COUNSEL'S UNTIMELY FILED BRIEF WAS NOT CONSIDERED
 HEREIN.  THE GENERAL COUNSEL'S SUBSEQUENT MOTION TO FILE A SUPPLEMENTAL
 BRIEF WAS DENIED BY THE AUTHORITY IN AN ORDER DATED MAY 18, 1982.  THE
 AUTHORITY DENIED GENERAL COUNSEL'S REQUEST FOR REVIEW OF THAT ORDER ON
 JULY 7, 1982.
 
    /2/ SEE ALSO U.S. DEPARTMENT OF THE ARMY, 94TH U.S. ARMY RESERVE
 COMMAND, HANSCOM AIR FORCE BASE, MASSACHUSETTS, 8 FLRA NO. 13 (1982).