United States of America
BEFORE THE FEDERAL SERVICE IMPASSES PANEL
|In the Matter of
DEPARTMENT OF THE ARMY
HEADQUARTERS, ARMY TRAINING CENTER
AND FORT JACKSON
FORT JACKSON, SOUTH CAROLINA
LOCAL 1214, NATIONAL FEDERATION OF
Case No. 93 FSIP 197
DECISION AND ORDER
Local 1214, National Federation of Federal Employees (Union) and the Department of the Army, Headquarters, Army Training Center and Fort Jackson, Fort Jackson, South Carolina (Employer), filed a joint request for assistance with the Federal Service Impasses Panel (Panel) to consider a negotiation impasse under the Federal Service Labor-Management Relations Statute (Statute), 5 U.S.C. § 7119.
After investigation of the request for assistance, the Panel directed the parties to participate in an informal conference with Panel Member John R. Van de Water for the purpose of resolving the outstanding issues arising from negotiations for a successor collective bargaining agreement (CBA). The parties were advised that if no settlement were reached, Member Van de Water would notify the Panel of the status of the dispute, including the final offers of the parties and his recommendations for resolving the issues. Following consideration of this information, the Panel would take whatever action it deemed appropriate to resolve the impasse, including the issuance of a binding decision.
Accordingly, Mr. Van de Water met with the parties on September 23 and 24, 1993, at Fort Jackson, South Carolina. During the informal conference, the parties were able to resolve all but one issue in dispute. He has reported to the Panel, and it has now considered the entire record.
The Employer provides initial entry and advanced individual military training. The Union represents 986 bargaining-unit employees who work in a wide range of positions at the Headquarters and in a number of tenant activities located at Fort Jackson. The parties' CBA originally expired on May 12, 1991, and has been rolled over each year since then. It will remain in effect until current negotiations for the successor are complete.
ISSUE AT IMPASSE
The parties disagree about the amount of official time to be granted to the Union president, officers, and stewards.
POSITIONS OF THE PARTIES
1. The Employer's Position
The Employer proposes: (1) a weekly cap of 20 hours of official time for the Union president, 6 hours for the chief steward, 3 hours for other officers and stewards, and reasonable and necessary time for the Union treasurer to complete required Department of Labor reports and audits, (2) deletion of a previously tentatively agreed to list of activities excepted from the official time cap, and (3) an administrative procedure for use when Union representatives are denied official time. It believes that the more limited amount of official time is justified because the bargaining unit's size decreased by one-sixth during the last 7 years. Furthermore, this trend will continue since a reduction in force (RIF) is currently under way and more are expected within the next 2 years. Finally, the Union has an established steward system that permits it to spread representational duties among a number of designated bargaining-unit employees.
2. The Union's Position
The Union proposes that "utilization of official time by its officers and stewards will not exceed that which is determined to be reasonable and necessary." Its president has been granted 100 percent official time for the last 7 years; such experience establishes that this amount is reasonable and necessary for the president. Although the number of bargaining-unit employees is somewhat smaller now, ongoing and planned RIFs, reorganizations, and workload demands spread among fewer employees, all related to downsizing, warrant maintaining the status quo. Comparisons with the 50-percent official time granted to another local union president at Fort Jackson are misleading because that local represents only one-third of the number of employees represented by Local 1214.
Having considered the evidence and arguments presented by the parties, we conclude that they should adopt a modified version of the Employer's proposal to resolve the dispute. The terms to be adopted include the weekly limits on official time proposed by the Employer. In addition to such amounts, however, we believe that Union representatives also should be granted official time for a number of other listed activities and meetings.(1) The list includes negotiations for which official time is statutorily authorized, and committee meetings convened at management's request, and, therefore, under its control. In our view, 20 hours of official time per week for the Union president and lesser amounts for the other Union officials should be sufficient for a bargaining unit of this size, particularly when augmented by the additional time for the listed activities. Regarding disputes that may arise over denials of official time, the Employer's proposed procedure appears reasonable, and should provide a mechanism for their informal resolution; if they do not resolve the problem, however, the parties' negotiated grievance procedure still would remain an option. In reaching these conclusions, we are persuaded that the Union's proposal is deficient because it might lead to needless controversy over whether official time requests are "reasonable and necessary."
Pursuant to the authority vested in it by the Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7119, and because of the failure of the parties to resolve their dispute during the course of proceedings instituted pursuant to the Panel's regulations, 5 C.F.R. § 2471.6 (a)(2), the Federal Service Impasses Panel under § 2471.11(a) of its regulations hereby orders the following:
The parties shall adopt a modified version of the Employer's proposal as indicated below:
The parties' agreement shall include the following portions of the Employer's proposal:
1. Add to the end of section 8.7: If a Union representative is denied requested official time, he/she may notify a Labor Relations Specialist in CPO. The LRS will contact the supervisor and if not resolved in favor of the representative, will refer the issue to a higher level official or officials for a decision and inform the Union representative accordingly.
3. Official Time:
President Reasonable/Necessary NTE 20 hrs a wk. Chief Steward Reasonable/Necessary NTE 6 hrs a wk. Steward/Officer: (exec. v Pres) Reasonable/Necessary NTE 3 hrs a wk. Treasurer Reasonable/Necessary to complete required Dept. of Labor reports and Audits (No official time is granted for internal Union Treasurer functions.)
The parties' agreement also shall include the following:
8.6. If otherwise in a duty status, official time may be used by Union representatives, in the amounts reflected below, IAW provisions of Chapter 71 of 5 U.S.C. The following WILL NOT BE considered in that amount of official time:
a. Management-called committee meetings, on which the Union is a member.
b. Negotiations of a collective bargaining agreement or I&I negotiations, equal to the number of individuals designated by the installation.
c. Preparation/participation in FLRA & FSIP negotiation proceedings, except submission of ULPs initiated by the Union.
d. Representation of employees, at the employee's request, during an investigation, interview or examination under provisions of Chapter 71 of 5 U.S.C. (Weingarten), to include those conducted by LEA, MPI, and CID. This includes the preparation of statements that are required as part of the investigation, etc.
e. To serve as witnesses in a third-party hearing, etc., or official investigation initiated by management or as a witness in a grievance meeting.
f. Labor-management meetings, initiated by Management.
g. Responding to Congressional inquiries.
By direction of the Panel.
Linda A. Lafferty
November 4, 1993
1.During negotiations, the parties appear to have tentatively agreed to this list, but subsequently, the Employer proposed that it be deleted.