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16:0650(96)NG - NAGE Local R7-23 and Air Force, Scott AFB, IL -- 1984 FLRAdec NG

[ v16 p650 ]
The decision of the Authority follows:

 16 FLRA No. 96
 LOCAL R7-23
                                            Case No. O-NG-663
    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 presents issues
 concerning the negotiability of the Union proposal which is set forth in
 the Appendix to this Decision.  Upon careful consideration of the entire
 record, including the parties' contentions, the Authority makes the
 following determinations.
    The Union represents six bargaining units at the Agency.  Five of the
 units, all of which are composed of appropriated fund employees, are
 covered by one collective bargaining agreement while the remaining unit,
 composed of nonappropriated fund (NAF) employees, is covered by a
 separate collective bargaining agreement.  The proposal here in dispute,
 which would be included in the contract covering the NAF unit would,
 inter alia, grant an Agency employee who is a member of an appropriated
 fund unit official time to represent employees who are included in the
 NAF unit.  Thus, the question presented is whether, pursuant to section
 7131(d) of the Statute, /1/ official time for Agency employees who are
 Union representatives is within the duty to bargain when the employees
 for whom the official time is sought are not members of the bargaining
 unit covered by the contract involved and in which the representational
 activity is being performed.
    The Authority has held that an agency's obligation to bargain in good
 faith concerning the conditions of employment of its employees extends
 only to the conditions of employment of those employees in an
 appropriate bargaining unit represented by the exclusive representative.
  United States Department of Defense, Department of the Air Force, San
 Antonio Air Logistics Center, Kelly Air Force Base, Texas, 15 FLRA No.
 186 (1984).  In this case the Union is attempting to bargain regarding
 the conditions of employment of employees outside the bargaining unit.
 The fact that such bargaining is occurring pursuant to section 7131(d)
 does not extend the obligation to bargain to include conditions of
 employment of employees who are not members of the bargaining unit.  See
 Kelly Air Force Base, 15 FLRA No. 186 (1984) and U.S. Naval Space
 Surveillance Systems, Dahlgren, Virginia and U.S. Naval Surface Weapons
 Center, Dahlgren, Virginia, 12 FLRA No. 140 (1983), aff'd sub nom.
 American Federation of Government Employees v. FLRA, 738 F.2d 633 (4th
 Cir. 1984).  In this regard, the court in affirming the Authority's
 decision in Dahlgren noted:
          Moreover, subsection (d) of 5 U.S.C. 7131 appears on its fact
       to expand the types of activities for which official time may be
       granted, not the classes of employee-negotiators who may receive
       reimbursement.  /2/
 Thus, the Union's proposal does not pertain to conditions of employment
 of unit employees and, contrary to the Union's contentions, section
 7131(d) does not operate to otherwise permit bargaining over official
 time for non-unit employees.  Based on the foregoing the Authority finds
 that the Union's proposal is not within the duty to bargain.
    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., November 30, 1984
                                       Henry B. Frazier III, Acting
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
    Section 7:  Stewards and Union Officers will conduct their business
 with dispatch during working hours and shall not use their Union
 position for unwarranted absences from their work area.  Representatives
 of the Union when leaving their work area, shall first advise their
 immediate supervisor.  Permission will be granted by the supervisor of
 any employee being contacted.  A reasonable amount of duty time shall be
 granted to Union Representatives for conducting the above requests.
 Union representatives will report upon return to their work site to
 their supervisor.  A Union Representative Log will be completed by the
 Union Representative.  The Log will be maintained on a continuing basis
 and provided by the Employer.  An acceptable Log is illustrated, and
 penciled or penned format of the Log is sufficient.  The Log shall be
 the joint property of both Union and management.  It shall not have
 extraneous remarks entered by either party and shall have its use by
 management limited to accounting to GSA only.
    Section 10:  Official Time.  Management agrees that all Officers and
 Stewards of NAGE Local R7-23 who represent NAF employees (regardless of
 whether the representative is a NAF employee) are entitled to a
 reasonable amount of official time to properly represent NAF employees
 in all matters of working conditions.  This includes, but is not limited
 to, time for the following:
    1.  Meetings, consultations, and negotiations with management.
    2.  Meetings with employees and other Union Representatives.
    3.  Investigation of complaints.
    4.  Perusing correspondence from management.
    5.  Composing, including the typing and delivery thereof, answers to
 management correspondence and other correspondence relative to
 representational matters.
    6.  Picking up and delivering mail to the U.S. Post Office.
    7.  Preparation for all aspects of labor-management relations.
    8.  Attending and conducting training and informational seminars.
    9.  Preparation of reports required for operation of a labor union
 such as the LM-3.
    10.  Preparation for and attendance at:  all phases of grievance
 hearings;  arbitrations;  hearings and investigations of the FLRA, MSPB,
 OWCP, EEOC, FSIP, Congress, the courts, and other such agencies.
    11.  Telephone conversations with management, Union Representatives,
 and bargaining unit employees.
 --------------- FOOTNOTES$ ---------------
    /1/ Section 7131(d) of the Statute provides:
    (d) Except as provided in the preceding subsections of this section--
          (1) any employee representing an exclusive representative, or
          (2) in connection with any other matter covered by this
       chapter, any employee in an appropriate unit represented by an
       exclusive representative,
          shall be granted official time in any amount the agency and the
       exclusive representative involved agree to be reasonable,
       necessary, and in the public interest.
    /2/ 738 F.2d 633 at 636.