[ v10 p560 ]
The decision of the Authority follows:
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.