15:0268(57)NG - NTEU and IRS, Kansas City Service Center, Kansas City, MO -- 1984 FLRAdec NG
[ v15 p268 ]
15:0268(57)NG
The decision of the Authority follows:
15 FLRA No. 57
NATIONAL TREASURY EMPLOYEES
UNION
Union
and
INTERNAL REVENUE SERVICE,
KANSAS CITY SERVICE CENTER,
KANSAS CITY, MISSOURI
Agency
Case No. O-NG-884
ORDER DISMISSING NEGOTIABILITY APPEAL
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).
The record indicates that the Union sought to negotiate over the
Agency's changes in certain incentive award criteria. The Agency
refused to bargain with the Union over the proposal which is the subject
of the instant appeal alleging, among other things that under the
circumstances it had fulfilled its obligation to bargain. /1/ In
response to the Agency's refusal to bargain over the proposal, the Union
filed the instant appeal and an unfair labor practice charge alleging
that the Agency committed an unfair labor practice by implementing an
incentive award program without first bargaining over the Union's
proposals. Pursuant to section 2424.5 of the Authority's Rules and
Regulations, the Union elected to proceed with the unfair labor practice
charge and to suspend further action on the negotiability appeal.
Upon investigation, the Regional Director concluded that further
proceedings on the Union's charge were not warranted. Specifically, the
Regional Director determined that the Union did not submit the proposal
which is the subject of the instant appeal until after the Agency had
implemented the proposed changes. The Regional Director, therefore,
concluded that the Union failed to submit the proposal within a
reasonable time and, thus, the Agency did not have an obligation to
bargain over the proposal. No appeal of the Regional Director's
determination was taken to the General Counsel.
In the absence of a duty to bargain between the parties, issues as to
whether a particular proposal is inconsistent with applicable law, rule
or regulation are not appropriate for resolution by the Authority.
National Federation of Federal Employees, Local 1363 and Headquarters,
U.S. Army Garrison, Yongsan, Korea, 8 FLRA 200 (1982), and National
Federation of Federal Employees, Local 1363 and Headquarters, U.S. Army
Garrison, Yongsan, Korea, 8 FLRA 134 (1982). Thus, based upon the
Regional Director's determination of no obligation on the part of the
Agency to bargain, which was not appealed by the Union, it is concluded
that any negotiability issue which might have been raised in the instant
appeal is now moot.
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 16, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
(DECISION AND ORDER ON REMAND OF 8 FLRA No. 97)
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 32
Union
and
OFFICE OF PERSONNEL
MANAGEMENT, WASHINGTON, D.C.
Agency
Case No. O-NG-157
(8 FLRA 460)
DECISION AND ORDER ON REMAND
On May 7, 1982, the Authority issued its Decision and Order in the
above-entitled proceeding in which it found that Proposal VI, which
provided that an employee demoted through no fault of his/her own be
selected to fill the first vacancy at his/her former grade level, was
inconsistent with section 7106(a)(2)(C) of the Statute and, therefore,
was not within the Agency's duty to bargain. American Federation of
Government Employees, AFL-CIO, Local 32 and Office of Personnel
Management, Washington, D.C., 8 FLRA 460 (1982).
Thereafter, on March 13, 1984, the U.S. Court of Appeals for the
District of Columbia Circuit reversed the Authority's decision with
respect to Proposal VI and remanded the decision for the entry of an
order requiring bargaining. Local 32, AFGE, AFL-CIO v. Federal Labor
Relations Authority, 728 F.2d 1526, 1530 (D.C. Cir. 1984). The
Authority then filed with the Court a motion for leave to file a
petition for rehearing out of time in order to request that, upon
processing of the Court-ordered remand, the Authority be allowed to
consider whether the proposal was inconsistent with a Government-wide
rule or regulation, an issue raised in the case and not resolved by the
Court, but found dispositive in an analogous Authority decision,
Decision and Order on Remand in American Federation of Government
Employees, AFL-CIO, Local 2782 and Department of Commerce, Bureau of the
Census, Washington, D.C., 7 FLRA 91 (1983), petition for review granted,
702 F.2d 1183 (D.C. Cir. 1983), which issued after the time had passed
for filing a petition for rehearing. The Authority's motion was denied
on June 27, 1984. Local 32, AFGE, AFL-CIO v. FLRA, No. 82-1756 (D.C.
Cir. 1984).
Thus, the Authority accepts the Court's opinion as the law of the
case and, consistent with that opinion, and, pursuant to section 2424.10
of the Authority's Rules and Regulations, IT IS ORDERED that the Agency
shall upon request (or as otherwise agreed to by the parties) bargain
concerning proposal VI. /2/
Issued, Washington, D.C., July 10, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
(SUPPLEMENTAL DECISION AND ORDER TO 9 FLRA No. 40)
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
JACKSONVILLE DISTRICT
Respondent
and
NATIONAL TREASURY EMPLOYEES UNION
Charging Party
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
JACKSONVILLE AND ATLANTA DISTRICTS
Respondent
and
NATIONAL TREASURY EMPLOYEES UNION
Charging Party
Case Nos. 4-CA-498, 4-CA-561
9 FLRA 333
SUPPLEMENTAL DECISION AND ORDER
On June 30, 1982, the Authority issued a Decision and Order in the
above-entitled proceeding in which it found that the Respondent failed
and refused to comply with section 713(a) of the Federal Service
Labor-Management Relations Statute (the Statute) in violation of section
7116(a)(1) and (8) of the Statute, based on its refusal to provide
official time to employees Wayne Pierce, Calvin Barnlund, and Orville
Guinn in connection with negotiations conducted between the parties on
May 15, 1980. The Authority further found that the Respondent's denial
of the reimbursement of travel and per diem expenses related to such
negotiations for these employees also constituted a failure and refusal
to comply with section 7131(a) in violation of section 7116(a)(1) and
(8) of the Statute. Thereafter, the Respondent petitioned the United
States Court of Appeals for the Eleventh Circuit for review of the
Authority's decision.
The Court stayed its review of the Authority's decision to await the
United States Supreme Court's decision in Bureau of Alcohol, Tobacco and
Firearms v. FLRA, 104 S.Ct. 439 (1983). In that decision, the Supreme
Court concluded that the obligation of an agency under section 7131(a)
of the Statute to provide official time to employees representing an
exclusive representative in the negotiation of a collective bargaining
agreement does not encompass the payment of travel expenses and per diem
allowances. Based on that decision, the Respondent filed a motion for
summary reversal of the Authority's Decision insofar as it pertained to
travel and per diem expenses. The motion was granted by the United
States Court of Appeals for the Eleventh Circuit on February 27, 1984.
Pursuant to the Order of the United States Court of Appeals for the
Eleventh Circuit, the Authority dismisses the allegations of the
complaint pertaining to the Respondent's failure and refusal to
reimburse its employees for their travel and per diem expenses and
hereby vacates its prior Order in this regard. Accordingly, the
Authority shall issue the following Order and require that the
accompanying Notice To All Employees be posted in this matter.
ORDER
Pursuant to section 2423.29 of the Rules and Regulations of the
Federal Labor Relations Authority and section 7118 of the Statute, the
Authority hereby orders that the Respondent Department of Treasury,
Internal Revenue Service, Jacksonville and Atlanta Districts shall:
1. Cease and desist from:
(a) Failing and refusing to provide Calvin Barnlund, Wayne Pierce and
Orville Guinn, or any other bargaining unit employees, while engaged in
representing the National Treasury Employees Union, the employees'
exclusive representative, during negotiation of a collective bargaining
agreement, official time for such participation including necessary
travel time during the employees' regular work hours and when the
employees would otherwise be in a work or paid leave status.
(b) In any like or related manner interfering with, restraining, or
coercing employees in the exercise of their rights assured by the
Statute.
2. Take the following affirmative actions in order to effectuate the
purposes and policies of the Statute:
(a) Provide Union representative Wayne Pierce official time for the
performance of his collective bargaining duties on May 14 and 15, 1980,
and make him whole for any annual leave he may have utilized on such
dates.
(b) Post at its various offices in the Atlanta and Jacksonville
Districts wherein unit employees are located, copies of the attached
Notice on forms to be furnished by the Federal Labor Relations
Authority. Upon receipt of such forms, they shall be signed by the
Director of the Jacksonville and Atlanta Districts, respectively, or
their designees, and shall be posted and maintained for 60 consecutive
days thereafter, in conspicuous places, including all places where
notices to employees are customarily posted. Reasonable steps shall be
taken to insure that said Notices are not altered, defaced, or covered
by any other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region IV, Federal Labor
Relations Authority, in writing, within 30 days from the date of this
Order, as to what steps have been taken to comply herewith.
IT IS FURTHER ORDERED that the section 7116(a)(5) allegation of the
consolidated complaint be, and it hereby is, dismissed.
IT IS FURTHER ORDERED that the consolidated complaint be, and it
hereby is, dismissed insofar as it alleges a violation of section
7116(a)(1) and (8) of the Statute based on the failure and refusal to
reimburse employees Wayne Pierce, Calvin Barnlund and Orville Guinn for
their travel and per diem expenses.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
RELATIONS
AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
OF TITLE
5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT fail or refuse to provide to Calvin Barnlund, Wayne
Pierce and Orville Guinn or any other bargaining unit employees, while
engaged in representing the National Treasury Employees Union, the
employees' exclusive representative, during negotiation of a collective
bargaining agreement, official time for such participation including
necessary travel time as occurs during the employees' regular work hours
and when the employees would otherwise be in a work or paid leave
status.
WE WILL NOT in any like or related manner interfere with, restrain,
or coerce our employees in the exercise of their rights assured by the
Statute.
WE WILL provide Union representative Wayne Pierce official time for
the performance of his collective bargaining duties on May 14 and 15,
1980, and make him whole for the annual leave he may have utilized on
the above dates.
(Agency or Activity)
By: (Signature)
Dated: . . .
This Notice must remain posted for 60 consecutive days from the date
of posting, and must not be altered, defaced, or covered by any other
material.
If employees have any question concerning this Notice or compliance
with its provisions, they may communicate directly with the Regional
Director of the Federal Labor Relations Authority, Region IV, whose
address is: 1776 Peachtree Street, NW, Suite 501, North Wing, Atlanta,
GA 30309, and whose telephone number is (404) 881-2324.
(ORDER DENYING MOTION FOR
RECONSIDERATION OF 9 FLRA
No. 36)
UNITED STATES DEPARTMENT OF JUSTICE
UNITED STATES IMMIGRATION AND
NATURALIZATION SERVICE
Respondent
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, NATIONAL
BORDER PATROL COUNCIL
Charging Party/Intervenor
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2455
Charging Party
and
INTERNATIONAL BROTHERHOOD OF
POLICE OFFICERS
Petitioner
Case Nos. 6-CA-48, 6-CA-49,
63-CA-565, 63-RO-6
9 FLRA No. 36
ORDER DENYING MOTION FOR RECONSIDERATION
This case is before the Authority on a motion for reconsideration
filed by the International Brotherhood of Police Officers (IBPO) on July
9, 1984, seeking reconsideration of the Authority's Supplemental
Decision and Order and Direction of Second Election of May 31, 1984.
For the reason set forth below, the motion must be denied.
Section 2429.17 of the Authority's Rules and Regulations, effective
September 10, 1981, provides in pertinent part:
2429.17 Reconsideration.
After a final decision or order of the Authority has been
issued, a party to the proceeding before the Authority who can
establish in its moving papers extraordinary circumstances for so
doing, may move for reconsideration of such final decision or
order. The motion shall be filed within ten (10) days after
service of the Authority's decision or order . . . .
The Authority's Supplemental Decision and Order and Direction of
Second Election was dated and served on the IBPO by mail on May 31,
1984. Therefore, under section 2429.17 of the Authority's Rules and
Regulations, and sections 2429.21 and 2429.22, which are also applicable
to the computation of the time limit here involved, the IBPO's motion
for reconsideration was due in the national office of the Authority
before the close of business on June 18, 1984. Since, as indicated
above, the IBPO's motion was not filed until July 9, 1984, it is clearly
untimely and must be denied.
Accordingly, for the reason set forth above,
IT IS ORDERED that the motion for reconsideration in this case be,
and it hereby is, denied.
For the Authority.
Issued, Washington, D.C., July 18, 1984
Jan K. Bohren
Executive Director/Administrator
PENNSYLVANIA STATE COUNCIL,
ASSOCIATION OF CIVILIAN
TECHNICIANS, INC.
Union
and
THE ADJUTANT GENERAL OF PENNSYLVANIA
Activity
Case No. O-AR-304
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator James L. McEwen filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
MARINE CORPS AIR GROUND COMBAT
CENTER, 29 PALMS, CALIFORNIA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2018, AFL-CIO
Union
Case No. O-AR-319
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Robert M. Leventhal filed by the Union under section 7122(a)
of the Federal Service Labor-Management Relations Statute (the Statute)
and part 2425 of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL TREASURY EMPLOYEES UNION
Union
and
U.S. CUSTOMS SERVICE
Agency
Case No. O-AR-364
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator James M. Harkless filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
MID-AMERICA PROGRAM SERVICE CENTER,
SOCIAL SECURITY ADMINISTRATION,
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, KANSAS CITY, MISSOURI
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, (NATIONAL COUNCIL OF
SOCIAL SECURITY PAYMENT CENTER
LOCALS), LOCAL 1336
Union
Case No. O-AR-376
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Gladys W. Gruenberg filed by the Union under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, REGION V
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3400
Union
Case No. O-AR-522
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Ann Harmon Miller filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute (the Statute) and
part 2425 of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7112(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF COMMERCE,
BUREAU OF THE CENSUS
Agency
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1438
Union
Case No. O-AR-628
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator David L. Beckman filed by the Agency under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION,
MID-AMERICA PROGRAM SERVICE CENTER
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1336
Union
Case No. O-AR-736
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator John R. Thornell filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
OFFICE OF PROGRAM SERVICE CENTERS,
SOCIAL SECURITY ADMINISTRATION
Activity
and
NATIONAL COUNCIL OF SOCIAL SECURITY
PAYMENT CENTER LOCALS, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
Union
Case No. O-AR-737
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Anne Harmon Miller filed by the Union under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1336
Union
and
SOCIAL SECURITY ADMINISTRATION,
MID-AMERICA PROGRAM SERVICE CENTER
Activity
Case No. O-AR-754
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Charles A. Fleming filed by the Union under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
OMAHA VETERANS ADMINISTRATION
MEDICAL CENTER, OMAHA, NEBRASKA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2270, AFL-CIO
Union
Case No. O-AR-767
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator John M. Gradwohl filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., July 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ It is noted that the Union had previously submitted another
proposal which is the subject of a separate negotiability appeal.
/2/ In so ordering, the Authority makes no judgment as to the merits
of Proposal VI and of course does not pass upon the question of whether
the proposal was inconsistent with a Government-wide rule or regulation,
an issue raised in the case and not resolved by the Court.