National Federation of Federal Employees, Local 1363 (Union) and Headquarters, U.S. Army Garrison, Yongsan, Korea (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

NFFE Local 1363 sought bargaining after the Army garrison at Yongsan required employees to install safety belts in their private vehicles following a Korean traffic rule. The Army said the requirement was not negotiable. The Authority denied the union's negotiability appeal because the union had not presented a specific proposal for review. It said any dispute over the Army's alleged refusal to provide information belonged in an unfair labor practice proceeding, and it did not decide the merits of a safety belt proposal.

Decision snapshot

• Authority: 5 U.S.C. §§ 7117 and 7118; 5 C.F.R. § 2424.1.
• Outcome: Negotiability appeal denied without a merits ruling on a proposal.
• Key point: A request to bargain over a policy did not identify a reviewable proposal.

Full text (FLRA public release)

[ v02 p374 ]

02:0374(50)NG

The decision of the Authority follows:

2 FLRA No. 50

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1363
(Union)

and

HEADQUARTERS, U.S. ARMY
GARRISON, YONGSAN, KOREA
(Activity)

Case No. 0-NG-94

DECISION ON NEGOTIABILITY APPEAL

SINCE 1969, THE UNION HAS BEEN THE EXCLUSIVE REPRESENTATIVE FOR A
UNIT OF CIVILIAN EMPLOYEES OF THE ACTIVITY LOCATED IN SEOUL, KOREA. TO
DATE, THE PARTIES HAVE NEVER NEGOTIATED A COLLECTIVE BARGAINING
AGREEMENT. A STATUS OF FORCES AGREEMENT BETWEEN THE UNITED STATES AND
THE REPUBLIC OF KOREA, WHICH AGREEMENT RESULTED FROM THE MUTUAL DEFENSE
TREATY OF 1953 SIGNED BY BOTH NATIONS, REGULATES VARIOUS ASPECTS OF THE
UNITED STATES MILITARY'S PRESENCE IN KOREA. /1/ ON MARCH 27, 1979, A
REPRESENTATIVE OF THE KOREAN GOVERNMENT INFORMED HIS AMERICAN
COUNTERPART BY LETTER THAT A NEW TRAFFIC REGULATION ISSUED BY HIS KOREAN
GOVERNMENT REQUIRED THE INSTALLATION OF SAFETY BELTS IN MOST VEHICLES
AND REQUESTED THAT APPROPRIATE MEASURES BE TAKEN WITH RESPECT IN TO
VEHICLES BELONGING TO THE UNITED STATES FORCES IN KOREA. SUBSEQUENTLY,
ON MAY 22, 1979, THE ACTIVITY ANNOUNCED THAT IT WAS REQUIRING ALL
EMPLOYEES TO INSTALL SAFETY BELTS IN THEIR PRIVATELY-OWNED VEHICLES. ON
MAY 24, THE UNION REQUESTED AN OPPORTUNITY "TO BARGAIN OVER THIS CHANGE
AND ITS IMPACT" AND FURTHER REQUESTED THAT A UNION REPRESENTATIVE BE
PERMITTED TO MEET WITH THE ACTIVITY "TO OBTAIN ANSWERS TO QUESTIONS
NECESSARY TO PREPARE LOCAL 1363'S PROPOSALS." BY LETTER DATED JUNE 5,
THE ACTIVITY REAFFIRMED IN WRITING ITS PREVIOUS STATEMENT TO THE UNION'S
REPRESENTATIVE THAT THE SAFETY BELT REQUIREMENT WAS A KOREAN LAW AND, AS
SUCH, WAS NOT A NEGOTIABLE ISSUE. THE UNION THEN FILED THE INSTANT
NEGOTIABILITY APPEAL IN WHICH IT REFERRED TO THE SAFETY BELT REGULATION
AND INDICATED THAT IT WISHED TO "NEGOTIATE ON THE CHANGE AND ITS
IMPACT." IN ITS STATEMENT OF POSITION FILED WITH THE AUTHORITY, THE
AGENCY NOTED, AMONG OTHER THINGS, THAT THE UNION HAD NEVER ADVANCED A
SPECIFIC PROPOSAL WITH REGARD TO THE SAFETY BELT REGULATION, AND
THEREFORE "THE AUTHORITY WOULD BE PLACED IN THE POSITION OF RENDERING A
NEGOTIABILITY DETERMINATION IN THE ABSTRACT." THE UNION, IN RESPONSE,
CONTENDED THAT MANAGEMENT HAD "DISCLAIMED ALL DUTY TO BARGAIN IN GOOD
FAITH" AND THAT, IN A PARALLEL CASE, THE UNION HAD FILED UNFAIR LABOR
PRACTICE CHARGES BASED UPON THE ACTIVITY'S REFUSAL TO NEGOTIATE AND TO
FURNISH NECESSARY DATA TO THE UNION.

IN ASSOCIATION OF CIVILIAN TECHNICIANS, ALABAMA ACT AND STATE OF
ALABAMA NATIONAL GUARD, CASE NO. O-NG-27, 2FLRA 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.

ADDITIONALLY, TO THE EXTENT THAT THE PARTIES MAY BE IN DISPUTE AS TO
WHETHER THE ACTIVITY IMPROPERLY WITHHELD INFORMATION FROM THE UNION
WHICH WAS REASONABLY AVAILABLE AND NECESSARY IN CONNECTION WITH ANY
BARGAINING OBLIGATION WHICH MIGHT EXIST UNDER THE STATUTE, 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. SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
1931 AND DEPARTMENT OF THE NAVY, NAVAL WEAPONS STATION, CONCORD,
CALIFORNIA, CASE NO. O-NG-55, 2 FLRA NO. 19(DEC. 5, 1979), REPORT NO. ,
AND NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 1141 AND DEPARTMENT
OF THE INTERIOR, BUREAU OF MINES, ALBANY METALLURGY RESEARCH CENTER,
ALBANY, OREGON, CASE NO. O-NG-80, 2 FLRA NO. 28(DEC. 13, 1979), REPORT
NO. . 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. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

/1/ ARTICLE VII OF THE STATUS OF FORCES AGREEMENT PROVIDES IN
PERTINENT PART:

ARTICLE VII

RESPECT FOR LOCAL LAW

IT IS THE DUTY OF MEMBERS OF THE UNITED STATES ARMED FORCES, THE
CIVILIAN COMPONENT, . . . AND THEIR DEPENDENTS, TO RESPECT THE LAW OF
THE REPUBLIC OF KOREA . . .