10:0560(97)NG - NFFE Local 1363, Republic of Korea and Army Garrison, Yongsan, Korea -- 1982 FLRAdec NG

 
 10 FLRA No. 97
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1363,
 REPUBLIC OF KOREA
 Union
 
 and
 
 U.S. ARMY GARRISON,
 YONGSAN, KOREA
 Agency
 
                                            Case No. O-NG-450
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute) and raises the question
 of the negotiability of the following Union proposal.
 
                              Union Proposal
 
          We propose that members of our bargaining units not be subject
       to late payment charges.
 
    Upon careful consideration of the entire record, including the
 contentions of the parties, the Authority makes the following
 determinations:  The proposal is concerned with the conditions under
 which employees will reimburse the Agency for monies they have received
 through advances where the expenses actually incurred for work-related
 expenses are less than the advance.  The proposal provides that no late
 payment charges will be applied to such a debt after the employees'
 repayment becomes delinquent.  The Parties herein are in agreement that
 the term "late payment charges" as used in the proposal refers to both
 "late charges" and/or "interest" as those terms are used in pertinent
 regulations and correlative guidance.  /1/
 
    The instant proposal is in all respects materially to the same effect
 as the proposal held to be within the duty to bargain by the Authority
 in National Federation of Federal Employees, Local 29 and U.S. Army
 Engineer District, Kansas City, Mo., 10 FLRA No. 95 (1982).  Based on
 U.S. Army Engineer District, Kansas City, Mo. and the reasons stated
 therein, it is therefore concluded that the instant proposal is within
 the duty to bargain.  /2/
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations (5 CFR 2424.10), IT IS ORDERED that the Agency shall upon
 request (or as otherwise agreed to by the parties) bargain concerning
 the proposal.  
 
 Issued, Washington, D.C., December 3, 1982
 
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ See National Federation of Federal Employees, Local 29 and U.S.
 Army Engineer District, Kansas City, Mo., 10 FLRA No. 95 (1982) at page
 2, n. 3.
 
 
    /2/ In deciding that the proposal is within the duty to bargain, the
 Authority, of course, makes no judgment as to the merits thereof.