National Federation of Federal Employees, Local 1745 and Veterans Administration Data Processing Center, Austin (Authority decision, February 25, 1983)

Final FLRA decision. The Authority held a proposed union seat on a position management committee outside the duty to bargain. An aggrieved person may seek judicial review of this final order in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). A petition does not itself stay the order.

Plain-English summary

The union proposed a seat on the Veterans Administration data center’s Position Management Committee. The Authority found the proposal materially equivalent to one it had already held to interfere with management rights under section 7106. It dismissed the petition on the merits.

Decision snapshot

• Authority: Management rights under 5 U.S.C. § 7106.
• Outcome: Agency nonnegotiability position sustained; petition dismissed.
• Key point: A required union seat on the committee directly interfered with management rights.

Full text (FLRA public release)

[ v11 p417 ]
11:0417(77)NG

The decision of the Authority follows:

11 FLRA NO. 77

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1745

Union

and

VETERANS ADMINISTRATION, DATA
PROCESSING CENTER, AUSTIN, TEXAS

Agency

Case No. 0-NG-274

DECISION AND ORDER ON NEGOTIABILITY ISSUE

This petition for review comes before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor - Management Relations Statute (the Statute) and presents issues relating to the negotiability of the following Union proposal.

The Union shall have the right to designate a representative to serve as a member on the Position Management Committee.

Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. The instant proposal is in all respects materially to the same effect as the proposal held to directly interfere with management's rights under section 7106 of the Statute in National Federation of Federal Employees, Local 1431 and Veterans Administration Medical Center, East Orange, New Jersey, 9 FLRA No. 139 (1982). Based on Veterans Administration Medical Center and the reasons stated therein, it is therefore concluded that the instant proposal is outside the duty to bargain. [ v11 p417 ]

Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations (5 CFR 2424.10), IT IS ORDERED that the petition for review be, and it hereby is, dismissed.

Issued, Washington, D.C., February 25, 1983

Ronald W. Haughton, Chairman

Henry B. Frazier III, Member

Leon B. Applewhaite, Member

FEDERAL LABOR RELATIONS AUTHORITY

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