16:0625(90)NG - National EPA Council, AFGE and EPA -- 1984 FLRAdec NG

 16 FLRA No. 90
 
 NATIONAL EPA COUNCIL,
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO
 Union
 
 and
 
 ENVIRONMENTAL PROTECTION
 AGENCY
 Agency
 
                                            Case No. O-NG-738
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    This petition for review comes before the Federal Labor Relations
 Authority (the Authority) pursuant to section 7105(a)(2)(E) of the
 Federal Service Labor-Management Relations Statute (the Statute) and
 presents issues concerning the negotiability of the following two Union
 proposals:
 
          It is agreed that no official transcript will be made of the
       proceedings of negotiations;  however, each party will be
       permitted one additional person to take notes.  Such individual
       will be in a duty status.
 
          Both the union and management may have up to three
       resources/observer persons in the room during negotiations at any
       given time.  All such resource/observer persons will be in duty
       status.
 
          (Only the underlined portions of the proposals are in dispute.)
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 According to the record, the Agency has decided to have only one person
 represent it in negotiations.  Inasmuch as this would limit the
 entitlement to official time for the Union's representatives in
 negotiations to one person under section 7131(a) of the Statute, the
 proposals, as explained by the Union, seek official time for additional
 persons for the purpose of participation in negotiations on behalf of
 the Union.  Insofar as the proposals are for this purpose they are
 materially to the same effect as Union Proposal 2 in American Federation
 of Government Employees, AFL-CIO and U.S. Environmental Protection
 Agency, 15 FLRA No. 96 (1984), which the Authority found negotiable
 pursuant to section 7131(d) of the Statute.  For the reasons fully
 expressed in EPA, the two Union proposals presented herein are within
 the duty to bargain.
 
    Accordingly, 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 the two Union
 proposals presented herein.  /1/ 
 
 Issued, Washington, D.C., November 30, 1984
 
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ In finding these Union proposals within the duty to bargain, the
 Authority makes no judgment as to their merits.