National Federation of Federal Employees, Local 1750 (Union) and Department of the Interior, Fish and Wildlife Service (Activity) (Authority decision, December 31, 1979)

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

The Fish and Wildlife Service planned to reduce or end premium pay for standby duty at Region 4 fish hatcheries. NFFE Local 1750 sought bargaining and appealed the agency's claim that the change was nonnegotiable. The Authority found that the union had not submitted a specific proposal for review. It denied the negotiability appeal without deciding whether a defined standby pay proposal would be within the duty to bargain.

Decision snapshot

• Authority: 5 U.S.C. § 7117; 5 C.F.R. § 2424.1.
• Outcome: Negotiability appeal denied without a merits ruling on a proposal.
• Key point: A general dispute over standby pay did not give the Authority a specific proposal to assess.

Full text (FLRA public release)

[ v02 p371 ]

02:0371(49)NG

The decision of the Authority follows:

2 FLRA No. 49

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1750
(Union)

and

DEPARTMENT OF THE INTERIOR,
FISH AND WILDLIFE SERVICE
(Activity)

Case No. 0-NG-57

DECISION ON NEGOTIABILITY APPEAL

IN 1975, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1750 (THE
UNION) WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF ALL PROFESSIONAL
AND NONPROFESSIONAL EMPLOYEES IN THE NATIONAL FISH HATCHERIES OF REGION
4, U.S. FISH AND WILDLIFE SERVICE (THE ACTIVITY), BUT THE PARTIES HAVE
NEVER NEGOTIATED A COLLECTIVE BARGAINING AGREEMENT. SINCE 1969,
MANAGEMENT HAD ASSIGNED EMPLOYEES TO STANDBY DUTY ACCORDING TO A
SCHEDULE DESIGNED TO MEET CERTAIN SITUATIONS (SUCH AS FIRE, THEFT,
VANDALISM, ENVIRONMENTAL STRESS ON THE FISH POPULATIONS, AND MONITORING
OF CRITICAL CONTINUING OPERATIONS) WHICH MIGHT ARISE AFTER NORMAL
WORKING HOURS.

IN 1978, BASED UPON A VARIETY OF FACTORS, THE ACTIVITY REEVALUATED
ITS REQUIREMENTS FOR USING STANDBY TOURS OF DUTY. THEREAFTER, IN APRIL
1979, THE ACTIVITY NOTIFIED THE UNION OF ITS DECISION TO REDUCE OR
TERMINATE PREMIUM PAY FOR STANDBY DUTY EFFECTIVE APRIL 22, 1979. BY
LETTER DATED APRIL 18, 1979, THE UNION ADVISED THE ACTIVITY OF ITS
POSITION THAT THE MATTER OF STANDBY PAY "IS A NEGOTIABLE ITEM SINCE IT
IS A CHANGE OF PAY PRACTICES AFFECTING CONDITIONS OF EMPLOYMENT." THE
UNION ALSO REQUESTED THE ACTIVITY'S "POSITION IN WRITING AS TO THE
NEGOTIABILITY OF THIS QUESTION." THE ACTIVITY RESPONDED BY REAFFIRMING
ITS PREVIOUSLY EXPRESSED POSITION THAT SUCH DECISION WAS NONNEGOTIABLE
INASMUCH AS IT INVOLVED MANAGEMENT'S RIGHT TO DETERMINE THE NUMBERS,
TYPES AND GRADES OF EMPLOYEES OR POSITIONS ASSIGNED TO AN ORGANIZATIONAL
SUBDIVISION, WORK PROJECT OR TOUR OF DUTY.

ON APRIL 25, 1979, THE UNION FILED THE INSTANT NEGOTIABILITY APPEAL
WITH THE AUTHORITY, ALLEGING, IN ESSENCE, THAT THE MATTER OF STANDBY PAY
"IS NEGOTIABLE SINCE IT ORIGINATED IN A NEGOTIATED MANNER." IN ITS
STATEMENT OF POSITION, THE AGENCY CONTENDS, INTER ALIA, THAT "(T)HE
NEGOTIABILITY APPEAL PROCEDURES OF (S)ECTION 7117(C)(1) AND (2) OF THE
FEDERAL LABOR-MANAGEMENT RELATIONS (S)TATUTE CONTEMPLATES THAT A UNION
ASSERTING NEGOTIABILITY MUST SET FORTH THE PROPOSAL THAT IS IN ISSUE,"
WHEREAS THE UNION IN THE INSTANT MUST SET FORTH THE PROPOSAL THAT IS IN
ISSUE," WHEREAS THE UNION IN THE INSTANT CASE HAS NOT "REDUCED TO
WRITING ANY PROPOSALS ON THE MATTER CLAIMED TO BE IN DISPUTE" AND
THEREFORE "IT IS QUESTIONABLE WHETHER THERE IS A NEGOTIABILITY DISPUTE
WITHIN THE MEANING OF THE (S)TATUTE."

IN ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE OF
ALABAMA NATIONAL GUARD, CASE NO. O-NG-27, 2 FLRA NO. 39(DEC. 28, 1979),
REPORT NO. , THE AUTHORITY DECIDED, WITH RESPECT TO A QUESTION
SUBSTANTIALLY IDENTICAL TO THAT PRESENTED HERE, THAT A PETITION WHICH
DID NOT PRESENT A PROPOSAL SUFFICIENTLY SPECIFIC AND DELIMITED IN FORM
AND CONTENT AS TO PERMIT THE AUTHORITY TO RENDER A NEGOTIABILITY
DECISION FAILED TO MEET THE CONDITIONS FOR REVIEW PRESCRIBED IN SECTION
7117 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
STATUTE) AND SEC. 2424.1 OF THE AUTHORITY'S RULES OF PROCEDURE. FOR THE
REASONS FULLY SET FORTH IN THAT DECISION, THE AUTHORITY FINDS THAT THE
INSTANT PETITION DOES NOT MEET SUCH CONDITIONS FOR REVIEW AND MUST
THEREFORE BE DENIED.

IN CONCLUSION, THE INSTANT NEGOTIABILITY APPEAL DOES NOT MEET THE
CONDITIONS FOR REVIEW UNDER SECTION 7117 OF THE STATUTE AND PART 2424 OF
THE AUTHORITY'S RULES AND REGULATIONS. ACCORDINGLY, THE APPEAL IS
DENIED.

ISSUED, WASHINGTON, D.C., DECEMBER 31, 1979

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHATIE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY