International Association of Machinists and Aerospace Workers, Lodge 2424 (Union) and Department of the Army, Aberdeen Proving Ground, Maryland (Agency) (Authority decision, March 30, 1981)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

A union at Aberdeen Proving Ground proposed official time for its negotiators to prepare for contract bargaining. The Army argued that preparation was internal union business outside the duty to bargain. The Authority held that time for preparing to negotiate with management could be bargained under section 7131(d), following two earlier decisions. It ordered bargaining on request, while leaving for another case which specific preparation activities would qualify.

Decision snapshot

• Authority: 5 U.S.C. § 7131(b); 5 U.S.C. § 7131(d).
• Outcome: Official time proposal held negotiable; Army ordered to bargain on request.
• Key point: Preparing for bargaining with management was not solely internal union business.

Full text (FLRA public release)

[ v05 p438 ]

05:0438(54)NG

The decision of the Authority follows:

5 FLRA No. 54

INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
LODGE 2424
Union

and

DEPARTMENT OF THE ARMY,
ABERDEEN PROVING GROUND,
MARYLAND
Agency

Case No. 0-NG-310

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

UNION PROPOSAL

ALTHOUGH THE UNION'S PETITION FOR REVIEW DID NOT INCLUDE THE SPECIFIC
LANGUAGE OF THE MATTER PROPOSED TO BE NEGOTIATED, IT IS CLEAR FROM THE
RECORD IN THIS CASE THAT THE MATTER PROPOSED TO BE NEGOTIATED IS AS
FOLLOWS:

THAT THE NEGOTIATING MEMBERS OF LOCAL LODGE 2424, INTERNATIONAL
ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS BE ALLOWED OFFICIAL DUTY TIME FOR CONTRACT
PREPARATORY TIME THAT IS

REASONABLE, NECESSARY AND IN THE PUBLIC INTEREST. THUS, THE AGENCY'S
REQUEST THAT THE UNION'S PETITION BE DISMISSED FOR FAILURE TO PRESENT A
PROPOSAL SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM AND CONTENT IS
DENIED.

QUESTION HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER THE UNION'S PROPOSAL IS CONSISTENT WITH
SECTIONS 7131(B) AND (D) OF THE STATUTE AND, THEREFORE, NOT WITHIN THE
DUTY TO BARGAIN, AS ALLEGED BY THE AGENCY.

CONCLUSION AND ORDER: THE PROPOSAL DOES NOT CONFLICT WITH SECTION
7131 OF THE STATUTE. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE
AUTHORITY'S RULES AND REGULATIONS (5 C.F.R. 2424.10, AS AMENDED BY 45
FED. REG. 48, 575 (1980)), IT IS ORDERED THAT THE AGENCY SHALL UPON
REQUEST (OR AS OTHERWISE AGREED TO BY THE PARTIES) BARGAIN CONCERNING
THE SUBJECT PROPOSAL. /1/

REASONS: THE PROPOSAL HERE IN DISPUTE, WHICH, AS EXPLAINED BY THE
PARTIES, WOULD PROVIDE THAT THE UNION REPRESENTATIVES' PREPARATION FOR
NEGOTIATIONS WILL BE CONDUCTED ON OFFICIAL TIME, BEARS NO MATERIAL
DIFFERENCE FROM THE PROPOSALS WHICH WERE BEFORE THE AUTHORITY FOR
DECISION IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL
1692 AND HEADQUARTERS 323RD FLYING WING (ATC), MATHER AIR FORCE BASE,
CALIFORNIA, 3 FLRA NO. 47 (1980), AND FEDERAL UNIFORMED FIRE FIGHTERS,
LOCAL F-169 AND U.S. ARMY ARMAMENT RESEARCH & DEVELOPMENT COMMAND,
DOVER, NEW JERSEY, 3 FLRA NO. 49 (1980) AND HELD TO BE WITHIN THE DUTY
TO BARGAIN UNDER THE STATUTE.

IN THOSE CASES, THE AUTHORITY HELD THAT THE DISPUTED PROPOSALS FOR
THE USE OF OFFICIAL TIME BY UNION REPRESENTATIVES TO PREPARE FOR
COLLECTIVE BARGAINING AND IMPASSE RESOLUTION CONCERNED A MATTER WHICH
FALLS WITHIN THE DUTY TO BARGAIN UNDER SECTION 7131(D) OF THE STATUTE,
RATHER THAN A MATTER WHICH IS EXCEPTED FROM THE DUTY TO BARGAIN AS
"INTERNAL BUSINESS OF A LABOR ORGANIZATION" UNDER SECTION 7131(B). IN
REACHING ITS DECISION, THE AUTHORITY DID NOT RULE ON THE QUESTION OF
WHAT ACTIVITIES COULD PROPERLY CONSTITUTE "PREPARATIONS" UNDER THE
OFFICIAL TIME PROVISIONS OF THE STATUTE.

IN MATHER AIR FORCE BASE, SUPRA, THE AUTHORITY HELD:

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. . . . 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 LABOR ORGANIZATION"
WITHIN THE MEANING OF

SECTION 7131(B) OF THE STATUTE. ACCORDINGLY, SECTION 7131(B) WOULD
NOT BAR NEGOTIATIONS UNDER

SECTION 7131(D) . . . ON THE PROPOSAL AT ISSUE AND THE AGENCY
ALLEGATION THAT THE PROPOSAL IS

NOT WITHIN THE DUTY TO BARGAIN MUST BE SET ASIDE. MOREOVER, SUCH
PROPOSAL WOULD BE CONSISTENT

WITH THE CONTEMPLATION OF CONGRESS . . .

IN SUMMARY, . . . 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 FROM 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

. . . 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 CONTENTS 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.

BASED ON THE REASONS SET FORTH IN GREATER DETAIL IN THE MATHER AIR
FORCE BASE CASE, THE PROPOSAL HERE IN DISPUTE MUST ALSO BE HELD TO BE
WITHIN THE DUTY TO BARGAIN.

ISSUED, WASHINGTON, D.C., MARCH 30, 1981

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ IN SO DECIDING THAT THE PROPOSAL IS WITHIN THE DUTY TO BARGAIN,
THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE PROPOSAL.