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U.S. Federal Labor Relations Authority

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19:0418(57)CA - GSA and AFGE Council 236 -- 1985 FLRAdec CA

[ v19 p418 ]
The decision of the Authority follows:

 19 FLRA No. 57
 General Services Administration
 Charging Party
                                            Case No. 3-CA-30491
                            DECISION AND ORDER
    This matter is before the Authority pursuant to the Regional
 Director's "Order Transferring Case to the Federal Labor Relations
 Authority" in accordance with section 2429.1(a) of the Authority's Rules
 and Regulations.
    Upon consideration of the entire record in this case, including the
 stipulation of facts, accompanying exhibits, and the parties'
 contentions, the Authority finds:
    At all times material herein, the American Federation of Government
 Employees, Council 236, AFL-CIO (the Union) has been the certified
 exclusive representative for certain employees of the General Services
 Administration (the Respondent) in a national consolidated unit
 appropriate for purposes of collective bargaining.  At all times
 material herein, the Respondent and the Union have been parties to a
 collective bargaining agreement.  By letter dated April 7, 1983, during
 the term of the parties' agreement, the Union requested negotiations
 with the Respondent regarding the establishment of crediting plans for
 use in the merit promotion of bargaining unit employees.  In connection
 with this request to negotiate, the Union requested copies of the
 Respondent's existing model crediting plans on all job series within the
 bargaining unit in order to draft bargaining proposals.  In response,
 the Respondent refused to negotiate over the issue of crediting plans
 and to furnish the Union with the requested information.  The complaint
 alleges that the refusal to bargain constituted a violation of section
 7116(a)(1) and (5) of the Statute.  It further alleges that the refusal
 to furnish the Union with the requested information constituted
 noncompliance with section 7114(b)(4) of the Statute in violation of
 section 7116(a)(8) of the Statute.
    In Internal Revenue Service, 17 FLRA No. 103 (1985), petition for
 review filed sub nom. National Treasury Employees Union v. FLRA, No.
 85-1361 (D.C. Cir. June 14, 1985) issued subsequent to the parties'
 stipulation in this case, the Authority found, in part, as follows:
          . . . Congress intended that where parties are negotiating a
       basic collective bargaining agreement, the bargaining obligation
       shall exist with respect to negotiable proposals initiated by
       either agency management or the exclusive representative.
       However, outside this context, Congress intended the bargaining
       obligation to exist only with respect to changes in established
       conditions of employment proposed by management.  This distinction
       indicates that other than negotiations leading to a basic
       collective bargaining agreement, there is no obligation to bargain
       over union-initiated proposals.  (footnote omitted.)
    In the instant case, the record indicates that the Respondent and the
 Union were parties to a collective bargaining agreement.  During the
 term of the agreement, the Union requested to negotiate over crediting
 plans, which were in existence and had been used prior to the effective
 date of the agreement.  It is neither alleged nor does the record
 establish that the Respondent either proposed or initiated a change in
 the existing crediting plans.  Nor is it alleged or established that the
 agreement contains an applicable "reopener" provision.  Thus, the
 Authority concludes that the Respondent was not obligated to bargain
 concerning the crediting plans at the time that the Union's request was
 made, /1/ and that its failure to do so did not constitute a violation
 of section 7116(a)(1) and (5) of the Statute as alleged in the
 complaint.  Further, as the Respondent was not under a duty to bargain,
 and as the Union had requested that the Respondent furnish it with
 copies of all model crediting plans solely in order to draft proposals
 for such bargaining, the Authority concludes that the information sought
 by the Union was not then "necessary" within the meaning of section
 7114(b)(4) of the Statute, /2/ and that the Respondent therefore did not
 violate section 7116(a)(8) of the Statute as alleged in the complaint
 when it refused to furnish the Union with the requested information.
 Accordingly, we shall order that the complaint be dismissed.
    IT IS ORDERED that the complaint in Case No. 3-CA-30491 be, and it
 hereby is, dismissed in its entirety.  
 Issued, Washington, D.C., July 31, 1985
                                       Henry B. Frazier III, Acting
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 --------------- FOOTNOTES$ ---------------
    /1/ Internal Revenue Service, supra.  See also Missouri National
 Guard, Office of the Adjutant General, Jefferson City, Missouri, 18 FLRA
 No. 44 (1985).  In view of this conclusion, we find it unnecessary to
 pass upon the question whether the subject matter of the Union's request
 to bargain was negotiable.
    /2/ Section 7114(b)(4) provides:
    Sec. 7114.  Representation rights and duties
                                .  .  .  .
          (b) The duty of an agency and an exclusive representative to
       negotiate in good faith under subsection (a) of this section shall
       include the obligation--
                                .  .  .  .
          (4) in the case of an agency, to furnish to the exclusive
       representative involved, or its authorized representative, upon
       request and, to the extent not prohibited by law, data--
          (A) which is normally maintained by the agency in the regular
       course of business;
          (B) which is reasonably available and necessary for full and
       proper discussion, understanding, and negotiation of subjects
       within the scope of collective bargaining;  and
          (C) which does not constitute guidance, advice, counsel, or
       training provided for management officials or supervisors,
       relating to collective bargaining(.)