American Federation of Government Employees, Local 2578, AFL-CIO (Union) and General Services Administration, National Archives and Records Service, Washington, DC (Agency) (Authority decision, November 12, 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

A union at the National Archives and Records Service proposed to bargain over career-ladder job levels during an existing agreement. The agency disputed whether it had any duty to bargain absent a change in conditions of employment. The Authority held that the live issue was a bargaining obligation, not whether a proposal conflicted with law or regulation. It dismissed the negotiability appeal without prejudice and directed the issue toward unfair labor practice procedures.

Decision snapshot

• Authority: 5 U.S.C. § 7117, 5 U.S.C. § 7118.
• Outcome: Negotiability appeal dismissed without prejudice; bargaining duty left unresolved.
• Key point: A dispute over whether midterm bargaining was required belonged in unfair labor practice procedures.

Full text (FLRA public release)

[ v04 p642 ]

04:0642(84)NG

The decision of the Authority follows:

4 FLRA No. 84

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2578
Union

and

GENERAL SERVICES ADMINISTRATION
NATIONAL ARCHIVES AND RECORDS SERVICE
WASHINGTON, D.C.
Agency

Case No. 0-NG-232

DECISION AND ORDER ON NEGOTIABILITY APPEAL

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 (THE STATUTE) (5 U.S.C. 7101 ET
SEQ.).

THE BASIC FACTS OF THIS CASE, AS SET FORTH IN THE RECORD, ARE THAT
DURING THE TERM OF THE PARTIES' AGREEMENT, THE UNION SUBMITTED TO THE
AGENCY PROPOSALS DEALING WITH CHANGES IN THE JOURNEYMAN LEVELS OF CAREER
LADDER POSITIONS. THE UNION MAINTAINS THAT PURSUANT TO ITS RIGHTS UNDER
THE STATUTE, IT IS SEEKING TO BARGAIN AT REASONABLE TIMES OVER MATTERS
AFFECTING WORKING CONDITIONS. THE AGENCY CONTENDS THAT THERE IS NO
OBLIGATION TO BARGAIN OVER THIS OR ANY OTHER MATTER FOR WHICH NO CHANGE
IN PERSONNEL POLICIES, PRACTICES, OR WORKING CONDITIONS HAS OCCURRED.
THE PARTIES REACHED AGREEMENT EARLIER THIS YEAR ON A CONTRACT WHICH IS
STILL IN EFFECT.

THUS, BASED ON THE RECORD IN THIS CASE, IT IS CLEAR THAT THE ESSENCE
OF THE CONTENTIONS OF THE PARTIES PRINCIPALLY RELATES TO WHETHER THE
UNION CAN INITIATE BARGAINING ON A CERTAIN MATTER DURING THE TERM OF THE
COLLECTIVE BARGAINING AGREEMENT IT ENTERED INTO WITH THE AGENCY IN THE
ABSENCE OF A CHANGE IN PERSONNEL POLICIES, PRACTICES, AND MATTERS
AFFECTING WORKING CONDITIONS. THE FUNDAMENTAL ISSUE IN THIS CASE,
THEREFORE, IS WHETHER THE AGENCY IS OBLIGATED TO BARGAIN AT THIS TIME ON
THE MATTER RAISED BY THE UNION. THUS, THE SUBSTANCE OF THE PARTIES'
CONTENTIONS CONCERNS UNFAIR LABOR PRACTICE ISSUES APPROPRIATE FOR
RESOLUTION UNDER PROCEDURES SET FORTH UNDER SECTION 7118 OF THE STATUTE.
THIS ISSUE DOES NOT, FOCUS ON MATTERS APPROPRIATE FOR RESOLUTION UNDER
THE PROCEDURES SET FORTH IN SECTION 7117 OF THE STATUTE AND PART 2424 OF
THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.1 ET SEQ.), CONCERNING
WHETHER A PARTICULAR UNION PROPOSAL IS ITSELF NONNEGOTIABLE, I.E.,
INCONSISTENT WITH LAW, RULE OR REGULATION. THAT IS, THE PROPER FORUM IN
WHICH TO RAISE THESE ISSUES IS NOT A NEGOTIABILITY APPEAL, BUT WOULD BE
AN UNFAIR LABOR PRACTICE PROCEEDING PURSUANT TO SECTION 7118 OF THE
STATUTE. IN THIS REGARD, RESOLUTION OF THE INSTANT DISPUTE MAY BE
DEPENDENT UPON THE RESOLUTION OF FACTUAL ISSUES RELATED TO THE PARTIES'
CONDUCT. SUCH FACTUAL DETERMINATIONS CAN BE BEST ACCOMPLISHED THROUGH
USE OF THE INVESTIGATORY AND FORMAL HEARING PROCEDURES SET FORTH IN PART
2423 OF THE AUTHORITY'S RULES AND REGULATIONS WHICH GOVERN UNFAIR LABOR
PRACTICE PROCEEDINGS (5 CFR 2423.1 ET SEQ.). SEE, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1931 AND DEPARTMENT OF THE NAVY,
NAVAL WEAPONS STATION, CONCORD, CALIFORNIA, 2 FLRA NO. 19 (1979) AND
NATIONAL TREASURY EMPLOYEES UNION AND DEPARTMENT OF THE TREASURY, U.S.
CUSTOMS SERVICE, WASHINGTON, D.C., 3 FLRA NO. 52 (1980).

BASED ON THE FOREGOING, THIS NEGOTIABILITY APPEAL DOES NOT PRESENT
ISSUES THAT THE AUTHORITY CAN APPROPRIATELY RESOLVE AT THIS TIME UNDER
SECTION 7117 OF THE STATUTE AND PART 2424 OF ITS RULES AND REGULATIONS.
ACCORDINGLY, IT IS ORDERED THAT THE UNION'S APPEAL BE DISMISSED WITHOUT
PREJUDICE TO THE UNION'S RIGHT TO RESUBMIT TO THE AUTHORITY ANY
NEGOTIABILITY DISPUTE WHICH REMAINS CONCERNING THE UNION'S PROPOSALS,
AFTER RESORTING TO THE PROCEDURES DISCUSSED ABOVE.

ISSUED, WASHINGTON, D.C., NOVEMBER 12, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

CERTIFICATE OF SERVICE

COPIES OF THE DECISION AND ORDER OF THE FEDERAL LABOR RELATIONS
AUTHORITY IN THE SUBJECT PROCEEDING HAVE THIS DAY BEEN MAILED TO THE
PARTIES LISTED:

MR. CARMEN R. DELLE DONNE

PRESIDENT, AFGE, LOCAL 2578

NATIONAL ARCHIVES, ROOM 2E

WASHINGTON, D.C. 20408

HONORABLE ROWLAND FREEMAN

ADMINISTRATOR

GENERAL SERVICES ADMINISTRATION

18TH & F STREET, N.W.

WASHINGTON, D.C. 20405

MARIE MUSANTE

ACTING LABOR RELATIONS OFFICER FOR ARCHIVES

GENERAL SERVICES ADMINISTRATION

18TH & F STREET, N.W.

WASHINGTON, D.C. 20405