27:0107(19)CA - Interior, Washington, DC and Bureau of Reclamation, Washington, DC and Bureau of Reclamation, Mid-Pacific Region and NFFE local 951 -- 1987 FLRAdec CA
[ v27 p107 ]
27:0107(19)CA
The decision of the Authority follows:
27 FLRA No. 19
DEPARTMENT OF THE INTERIOR
WASHINGTON, D.C.
and
BUREAU OF RECLAMATION
WASHINGTON D.C.
and
BUREAU OF RECLAMATION
MID-PACIFIC REGION
Respondents
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 951
Charging Party
Case No. 9-CA-50283
(25 FLRA No. 6)
ORDER DENYING MOTION FOR RECONSIDERATION
This case is before the Authority based on the Respondent's Motion
for Reconsideration and request for a stay in our decision in the
above-entitled matter. For the reasons set forth below, we deny the
motion and the stay request.
In our decision we determined that Respondent Department of the
Interior and Respondent Bureau of Reclamation violated section
7116(a)(1) and (5) of the Federal Service Labor-Management Relations
Statute (the Statute) by interfering with the bargaining obligation of
Respondent Mid-Pacific Region. Specifically, we found that Respondent
Interior and Respondent Bureau interfered with the protected rights of
the Region's employees by directing the Region to implement a limitation
on travel advances that precluded it from fulfilling its obligation to
bargain with the Union on a change in conditions of employment. In
reaching this conclusion, we determined, based on the record before us,
that the Union's proposal concerning travel advances was within the
Region's duty to bargain. We rejected the Respondent's arguments that
the proposal did not concern a matter affecting unit employees'
conditions of employment under section 7103(a)(14)(C) of the Statute;
that it concerned the methods and means of performing work under section
7106(b)(1), and was negotiable only at the election of the Agency; and
that it was barred from negotiation by Agency regulations for which a
compelling need exists under section 7117(a)(2).
In their motion for reconsideration, the Respondents contend that the
Authority erroneously concluded that travel advances concern conditions
of employment and do not constitute a "method and means" of performing
the Agency's work. The Agency also contends that the Authority should
have found that there is a "compelling need" for the Agency's
regulations setting the amounts for travel advances in its cash
management program.
Section 2429.17 of the Authority's Rules and Regulations permits a
party that can establish "extraordinary circumstances" to request
reconsideration of a decision of the Authority. We conclude that the
Respondents have not established "extraordinary circumstances" within
the meaning of section 2429.17. Rather, the arguments presented by the
Respondents in support of their request constitute nothing more than
disagreement with the merits of our decision.
Accordingly, the Respondents' request for reconsideration and request
for a stay are denied.
Issued, Washington, D.C., May 27, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY