American Federation of Government Employees, AFL-CIO, Local 1692 (Union) and Headquarters, 323rd Flying Training Wing (ATC), Mather Air Force Base, California (Activity) (Authority decision, May 30, 1980)

Final FLRA decision. This negotiability order ends the petition before the Authority. An aggrieved person may seek judicial review in a court of appeals within 60 days of issuance under 5 U.S.C. § 7123(a).

Plain-English summary

An AFGE local proposed official time for its contract negotiators to prepare, matching time allotted to management’s team. The Air Force argued that the statute did not permit bargaining over such preparation time. The Authority found the proposal did not violate the official time provision and set aside the agency’s nonnegotiability allegation.

Decision snapshot

• Authority: 5 U.S.C. § 7131.
• Outcome: Preparation time proposal held negotiable.
• Key point: The official time statute allowed bargaining over preparation for negotiations.

Full text (FLRA public release)

[ v03 p305 ]

03:0305(47)NG

The decision of the Authority follows:

3 FLRA No. 47

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1692
(Union)

and

HEADQUARTERS, 323RD FLYING TRAINING
WING (ATC), MATHER AIR FORCE BASE,
CALIFORNIA
(Activity)

Case No. 0-NG-183

DECISION ON NEGOTIABILITY ISSUE

THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7101 ET SEQ.).

UNION PROPOSAL

MANAGEMENT WILL ALLOW EQUAL OFFICIAL TIME TO THE UNION NEGOTIATION
TEAM, AS ALLOTTED TO THE

MANAGEMENT NEGOTIATION TEAM, FOR PREPARATION OF CONTRACT
NEGOTIATIONS.

QUESTION HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER THE UNION'S PROPOSAL PROVIDING THAT EQUAL
OFFICIAL TIME TO PREPARE FOR CONTRACT NEGOTIATIONS BE ALLOTTED TO THE
UNION AND MANAGEMENT NEGOTIATORS IS WITHIN THE DUTY TO BARGAIN OR, AS
ALLEGED BY THE AGENCY, VIOLATES SECTION 7131(B) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE). /1/

OPINION

CONCLUSION: THE SUBJECT PROPOSAL DOES NOT VIOLATE SECTION 7131 OF
THE STATUTE. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE
AUTHORITY'S RULES AND REGULATIONS (45 FED.REG. 3482 ET SEQ. (1980)), THE
AGENCY'S ALLEGATION THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO
BARGAIN IS SET ASIDE. THE REQUEST TO SUBMIT WRITTEN PRESENTATIONS IN
THE INSTANT CASE, FILED BY THE AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, PURSUANT TO SEC. 2429.9 OF THE AUTHORITY'S RULES,
IS DENIED. TO HOLD OTHERWISE WOULD CAUSE AN UNWARRANTED DELAY IN THE
PROCESSING OF THE CASE. SEE ALSO SEC. 2424.8 OF THE AUTHORITY'S RULES
(45 FED.REG. 3512(1980)).

REASONS: AS PREVIOUSLY STATED, THE AGENCY ALLEGES THAT THE UNION'S
PROPOSAL VIOLATES SECTION 7131(B) OF THE STATUTE. MORE SPECIFICALLY,
THE AGENCY CONTENDS THAT THE STATUTE GRANTS OFFICIAL TIME TO AN EMPLOYEE
IN THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT BUT DOES NOT
PROVIDE OFFICIAL TIME IN CONNECTION WITH PREPARATION FOR SUCH
NEGOTIATIONS. ACCORDING TO THE AGENCY, PREPARATION FOR NEGOTIATIONS
MUST BE CONSTRUED AS "INTERNAL UNION BUSINESS" WITHIN THE MEANING OF
SECTION 7131(B) OF THE STATUTE IN THAT, UNLIKE TIME SPENT IN
NEGOTIATIONS, PREPARATION IS NOT OF MUTUAL CONCERN TO BOTH THE UNION AND
MANAGEMENT.

IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2823
AND VETERANS ADMINISTRATION REGIONAL OFFICE, CLEVELAND, OHIO, CASE NO.
O-NG-8, 2 FLRA NO. 1 (OCT. 9, 1979), THE AUTHORITY RECENTLY STATED,
WITH REGARD TO THE INTERPRETATION AND APPLICATION OF SECTION 7131(B) OF
THE STATUTE, AS FOLLOWS:

SECTION 7131(B) OF THE STATUTE REQUIRES THAT ACTIVITIES RELATING TO
THE INTERNAL BUSINESS

OF A LABOR ORGANIZATION BE PERFORMED BY AN EMPLOYEE WHILE THAT
EMPLOYEE IS IN A NON-DUTY

STATUS, I.E., NOT ON DUTY TIME.

. . . .

THE STATUTE DOES NOT EXPRESSLY DEFINE THE PHRASE "INTERNAL BUSINESS
OF A LABOR

ORGANIZATION." SECTION 7131(B) MERELY LISTS EXAMPLES OF SOME
ACTIVITIES WHICH ARE RELATED TO

THE "INTERNAL BUSINESS OF A LABOR ORGANIZATION," I.E., SOLICITATION
OF MEMBERSHIP, ELECTION OF

LABOR ORGANIZATION OFFICIALS, AND COLLECTION OF DUES. NONE OF THESE
SPECIFIC EXAMPLES HAVE

ANY RELATIONSHIP TO . . . THE SUBJECT OF THE DISPUTED PROPOSAL.

THE PROVISION REGARDING OFFICIAL TIME IN THE VERSION OF THE BILL
REPORTED OUT OF THE

SENATE-HOUSE CONFERENCE COMMITTEE, WHICH WAS ENACTED AND SIGNED INTO
LAW (SEC. 7131), WAS

IDENTICAL TO THAT IN THE BILL (H.R. 11280) REPORTED OUT OF THE HOUSE
COMMITTEE (SEC. 7132) AND

IN THE FINAL VERSION OF THE BILL PASSED BY THE HOUSE (THE "UDALL
SUBSTITUTE"). THE REPORT

WHICH ACCOMPANIED THE HOUSE COMMITTEE BILL INDICATED THAT SUBSECTION
(B) OF THE PROVISION ON

OFFICIAL TIME WAS INTENDED TO REQUIRE THAT MATTERS SOLELY RELATING TO
THE INTERNAL BUSINESS OF

A LABOR ORGANIZATION BE PERFORMED WHEN AN EMPLOYEE IS IN A NON-DUTY
STATUS

(H.R. REP. NO. 95-1403, 95TH CONG., 2D SESS. 58-59 (1978)).

THE AUTHORITY FURTHER NOTED THAT PROPONENTS OF THE UDALL SUBSTITUTE
INDICATED DURING FLOOR DEBATE THAT SUBSECTION (B) WAS MEANT TO BE
STRICTLY CONSTRUED TO APPLY ONLY TO THOSE ACTIVITIES CONCERNING THE
"STRUCTURE AND INSTITUTION" OF THE LABOR ORGANIZATION. IN THIS REGARD,
THE AUTHORITY REFERRED TO THE FOLLOWING STATEMENT OF REPRESENTATIVE CLAY
(124 CONG.REC.H 9638 (DAILY ED. SEPT. 13, 1978)):

SECTION 7132(B) OF THE UDALL COMPROMISE BARS THE USE OF OFFICIAL TIME
FOR CONDUCTING THE

INTERNAL BUSINESS OF A LABOR ORGANIZATION. THE SECTION ALSO LISTS
THREE SUCH ACTIVITIES

REFLECTING OUR INTENTION THAT "INTERNAL BUSINESS" BE STRICTLY
CONSTRUED TO APPLY ONLY TO THOSE

ACTIVITIES REGARDING THE STRUCTURE AND INSTITUTION OF THE LABOR
ORGANIZATION. ACTIVITIES THAT

INVOLVE LABOR-MANAGEMENT CONTACTS ARE NOT INCLUDED IN THIS SECTION.
NOR IS PREPARATION FOR

SUCH ACTIVITIES, SUCH AS GRIEVANCES, BARGAINING, UNFAIR LABOR
PRACTICE PROCEEDINGS, INCLUDED

WITHIN THIS SECTION. TITLE VII IMPOSES HEAVY RESPONSIBILITIES ON
LABOR ORGANIZATIONS AND ON

AGENCY MANAGEMENT. THESE ORGANIZATIONS SHOULD BE ALLOWED OFFICIAL
TIME TO CARRY OUT THEIR

STATUTORY REPRESENTATIONAL ACTIVITIES JUST AS MANAGEMENT USES
OFFICIAL TIME TO CARRY OUT ITS

RESPONSIBILITIES.

THE AUTHORITY ALSO REFERRED TO THE FOLLOWING STATEMENT OF
REPRESENTATIVE FORD TO THE SAME EFFECT (124 CONG.REC.H 9650 (DAILY ED.
SEPT. 13, 1978)):

SECTION 7132(B) OF THE COMPROMISE PRECLUDES THE USE OF OFFICIAL TIME
BY EMPLOYEES FOR

CONDUCTING THE INTERNAL BUSINESS OF A LABOR ORGANIZATION. THIS
SUBSECTION SPECIFICALLY

PROVIDES THAT EMPLOYEES SHALL NOT SOLICIT MEMBERSHIP, ENGAGE IN
ELECTIONEERING, OR COLLECT

DUES ON OFFICIAL TIME. THE INCLUSION OF THESE THREE CATEGORIES
REFLECTS THE GENERAL INTENTION

THAT "THE INTERNAL BUSINESS OF A LABOR ORGANIZATION" ENCOMPASSES
THOSE ACTIVITIES DIRECTED TO

THE INSTITUTIONAL STRUCTURE OF SUCH ORGANIZATIONS. THIS SECTION DOES
NOT, THEREFORE, APPLY TO

ACTIVITIES OF LABOR ORGANIZATIONS THAT INVOLVE AN "INTERFACE" WITH
AGENCY MANAGEMENT, SUCH AS

NEGOTIATIONS, GRIEVANCES, NEGOTIABILITY DISPUTES, AND UNFAIR LABOR
PRACTICES. NOR DOES THIS

SECTION APPLY TO PREPARATION FOR SUCH "INTERFACT" ACTIVITIES.
MANAGEMENT, OF COURSE, ENGAGES

IN ALL THESE ACTIVITIES, INCLUDING PREPARATION, ON OFFICIAL TIME, AND
SUBSECTION 7132(D)(2)

MAKES THE USE OF OFFICIAL TIME BY EMPLOYEES FOR THESE ACTIVITIES A
SUBJECT OF NEGOTIATED

AGREEMENT BETWEEN THE AGENCY AND EXCLUSIVE REPRESENTATIVE.

THE SENATE-HOUSE CONFERENCE REPORT DID NOT ADDRESS THE INTENDED
APPLICATION OF SECTION 7131(B) AS REFLECTED IN THE HOUSE COMMITTEE
REPORT AND STATEMENTS ON THE HOUSE FLOOR SET FORTH ABOVE.

THE DISPUTED PROPOSAL IN THE INSTANT CASE CLEARLY DOES NOT RELATE
SOLELY TO THE STRUCTURE AND INSTITUTION OF THE LABOR ORGANIZATION.
RATHER, THE PROPOSAL SPECIFICALLY INVOLVES THE ALLOTMENT OF OFFICIAL
TIME TO UNION NEGOTIATORS FOR THE PURPOSE OF PREPARING FOR CONTRACT
NEGOTIATIONS WITH MANAGEMENT. AS PREVIOUSLY NOTED, CONGRESS INTENDED
THAT ACTIVITIES SUCH AS COLLECTIVE BARGAINING NEGOTIATIONS WHICH INVOLVE
LABOR-MANAGEMENT CONTACTS, AS WELL AS PREPARATION FOR SUCH ACTIVITIES,
ARE NOT "INTERNAL BUSINESS OF A LABOR ORGANIZATION" WITHIN THE MEANING
OF SECTION 7131(B) OF THE STATUTE. ACCORDINGLY, SECTION 7131(B) WOULD
NOT BAR NEGOTIATIONS UNDER SECTION 7131(D) (SEE NOTE 1, SUPRA) ON THE
PROPOSAL AT ISSUE AND THE AGENCY ALLEGATION THAT THE PROPOSAL IS NOT
WITHIN THE DUTY TO BARGAIN MUST BE SET ASIDE. /2/ MOREOVER, SUCH
PROPOSAL WOULD BE CONSISTENT WITH THE CONTEMPLATION OF CONGRESS, AS SET
FORTH ABOVE (SUPRA PP. 3-4).

IN SUMMARY, AS INDICATED ABOVE, THE AMOUNT OF OFFICIAL TIME TO BE
USED BY UNION NEGOTIATORS TO PREPARE FOR COLLECTIVE BARGAINING
NEGOTIATIONS IS A MATTER WHICH FALLS WITHIN THE DUTY TO BARGAIN AS
PROVIDED IN SECTION 7131(D) OF THE STATUTE, AS DISTINGUISHED FORM THE
USE OF OFFICIAL TIME BY EMPLOYEES REPRESENTING AN EXCLUSIVE
REPRESENTATIVE IN THE ACTUAL "NEGOTIATION OF A COLLECTIVE BARGAINING
AGREEMENT" WHICH IS EXPRESSLY AUTHORIZED BY SECTION 7131(A) OF THE
STATUTE ITSELF (SUPRA NOTE 1). MOREOVER, AS PREVIOUSLY STATED, THE USE
OF OFFICIAL TIME TO PREPARE FOR NEGOTIATIONS IS A MATTER WHICH IS NOT
EXCEPTED FROM THE DUTY TO BARGAIN AS "INTERNAL BUSINESS OF A LABOR
ORGANIZATION" UNDER SECTION 7131(B) OF THE STATUTE.

IN SO CONCLUDING, HOWEVER, THE AUTHORITY NOTES THAT THE INSTANT CASE
DOES NOT PRESENT AND THE AUTHORITY THEREFORE DOES NOT RULE ON THE
QUESTION OF WHAT ACTIVITIES WOULD PROPERLY CONSTITUTE "PREPARATIONS"
UNDER THE OFFICIAL TIME PROVISIONS OF THE STATUTE. SUCH QUESTIONS ARE
MORE APPROPRIATELY RESOLVED BY THE PARTIES DURING NEGOTIATIONS OR BY
ARBITRATORS IN THE SPECIFIC FACTUAL CONTEXTS OF INDIVIDUAL CASES,
SUBJECT TO REVIEW BY THE AUTHORITY PURSUANT TO SECTION 7122 OF THE
STATUTE AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS.
NEVERTHELESS, IT SHOULD BE EMPHASIZED THAT THE AUTHORITY DOES NOT INTEND
AND SHOULD NOT BE CONSTRUED AS HAVING CONCLUDED HEREIN THAT OFFICIAL
TIME ALLOTTED FOR "PREPARATIONS" MAY PROPERLY BE USED BY UNION
REPRESENTATIVES FOR MATTERS WHICH INVOLVE THE "INTERNAL BUSINESS OF A
LABOR ORGANIZATION" WITHIN THE MEANING OF SECTION 7131(B) OF THE
STATUTE.

ISSUED, WASHINGTON, D.C., MAY 30, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

/1/ SECTION 7131 OF THE STATUTE (92 STAT. 1214) PROVIDES IN PART, AS
FOLLOWS:

SEC. 7131. OFFICIAL TIME

(A) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
NEGOTIATION OF A

COLLECTIVE BARGAINING AGREEMENT UNDER THIS (STATUTE) SHALL BE
AUTHORIZED OFFICIAL TIME FOR

SUCH PURPOSES, INCLUDING ATTENDANCE AT IMPASSE PROCEEDING(S), DURING
THE TIME THE EMPLOYEE

OTHERWISE WOULD BE IN A DUTY STATUS. THE NUMBER OF EMPLOYEES FOR
WHOM OFFICIAL TIME IS

AUTHORIZED UNDER THIS SUBSECTION SHALL NOT EXCEED THE NUMBER OF
INDIVIDUALS DESIGNATED AS

REPRESENTING THE AGENCY FOR SUCH PURPOSES.

(B) ANY ACTIVITIES PERFORMED BY ANY EMPLOYEE RELATING TO THE INTERNAL
BUSINESS OF A LABOR

ORGANIZATION (INCLUDING THE SOLICITATION OF MEMBERSHIP, ELECTIONS OF
LABOR ORGANIZATION

OFFICIALS, AND COLLECTION OF DUES) SHALL BE PERFORMED DURING THE TIME
THE EMPLOYEE IS IN A

NONDUTY STATUS.

. . . .

(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 (STATUTE, 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/ IN SO DECIDING THAT THE SUBJECT PROPOSAL IS WITHIN THE DUTY TO
BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE
PROPOSAL.