Federal Uniformed Firefighters, Local F-169 (Labor Organization) and U.S. Army Armament Research and Development Command, Dover, New Jersey (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

A federal firefighters local proposed official time for union representatives preparing for contract negotiations at an Army command in New Jersey. The agency argued that the proposal conflicted with the statute’s official time provisions. The Authority found no conflict and set aside the agency’s nonnegotiability allegation.

Decision snapshot

• Authority: 5 U.S.C. § 7131.
• Outcome: Official time proposal held negotiable.
• Key point: Section 7131 did not bar bargaining over the proposed preparation time.

Full text (FLRA public release)

[ v03 p317 ]

03:0317(49)NG

The decision of the Authority follows:

3 FLRA No. 49

FEDERAL UNIFORMED FIREFIGHTERS,
LOCAL F-169
(Labor Organization)

and

U.S. ARMY ARMAMENT RESEARCH
& DEVELOPMENT COMMAND,
DOVER, NEW JERSEY
(Activity)

Case No. 0-NG-73

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

UNION PROPOSAL

REASONABLE OFFICIAL TIME WILL BE GRANTED TO UNION REPRESENTATIVES FOR
PREPARATIONS FOR

NEGOTIATIONS, AND IMPASSE RESOLUTIONS AND COUNTERPROPOSALS.

QUESTIONS HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER THE UNION'S PROPOSAL IS INCONSISTENT WITH
FEDERAL LAW (SECTION 7131(B) AND (D) OF THE STATUTE), AS ALLEGED BY THE
AGENCY AND, THEREFORE, NOT WITHIN THE DUTY TO BARGAIN. /1/

CONCLUSION: THE PROPOSAL DOES NOT CONFLICT WITH SECTION 7131 OF THE
STATUTE. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S
RULES AND REGULATIONS (45 FED.REG. 3513(1980)), THE AGENCY'S ALLEGATION
THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN IS SET
ASIDE. /2/

REASONS: IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO,
LOCAL 1692 AND HEADQUARTERS, 323RD FLYING WING (ATC), MATHER AIR FORCE
BASE, CALIFORNIA, CASE NO. O-NG-183, 3 FLRA NO. 47, (1980) (HEREINAFTER
MATHER), THE AUTHORITY HELD THAT THE FOLLOWING PROPOSAL, WHICH THE
AGENCY ALLEGED TO BE OUTSIDE OF THE DUTY TO BARGAIN UNDER SECTION 7131
OF THE STATUTE, WAS WITHIN THE DUTY TO BARGAIN:

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

MANAGEMENT NEGOTIATION TEAM, FOR PREPARATION OF CONTRACT
NEGOTIATIONS.

IN THAT CASE, AFTER ANALYZING THE RELEVANT LEGISLATIVE HISTORY, THE
AUTHORITY STATED AS FOLLOWS:

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. 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 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 (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.

THE ISSUES RAISED IN THE INSTANT APPEAL ARE IDENTICAL TO THE ISSUES
THAT WERE RAISED AND DISCUSSED IN MATHER. THEREFORE, FOR THE REASONS
FULLY SET FORTH IN MATHER, THE PROPOSAL IN THE INSTANT CASE IS WITH THE
DUTY TO BARGAIN.

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 PROVIDES:

SEC. 7131. OFFICIAL TIME

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

COLLECTIVE BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE
AUTHORIZED OFFICIAL TIME FOR SUCH

PURPOSES, INCLUDING ATTENDANCE AT IMPASSE PROCEEDING, 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.

(C) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION, THE
AUTHORITY SHALL DETERMINE

WHETHER ANY EMPLOYEE PARTICIPATING FOR, OR ON BEHALF OF, A LABOR
ORGANIZATION IN ANY PHASE OF

PROCEEDINGS BEFORE THE AUTHORITY SHALL BE AUTHORIZED OFFICIAL TIME
FOR SUCH PURPOSE DURING THE

TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY 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 CHAPTER, 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 PROPOSAL IS WITHIN THE DUTY TO BARGAIN,
THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE PROPOSAL.