Decision on Request for General Statement Of Policy or Guidance (Authority decision, July 10, 1980)

Final FLRA decision. The Authority denied the request for a general policy statement. This ends that request; judicial review of final Authority orders is governed by 5 U.S.C. § 7123(a), subject to its statutory exceptions.

Plain-English summary

The National Treasury Employees Union asked the Authority for a general policy statement about enforcing binding arbitration awards. The Authority decided the request did not meet its standards for issuing broad policy guidance. It denied the request without resolving a particular arbitration enforcement case.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a).
• Outcome: Request for general policy statement denied.
• Key point: The Authority declined to issue abstract guidance under its policy statement rule.

Full text (FLRA public release)

[ v03 p624 ]

03:0624(100)PS

The decision of the Authority follows:

3 FLRA No. 100

Case No. 0-PS-13

DECISION ON REQUEST FOR GENERAL STATEMENT
OF POLICY OR GUIDANCE

THE AUTHORITY RECEIVED A REQUEST FROM THE NATIONAL TREASURY EMPLOYEES
UNION THAT THE AUTHORITY ISSUE A MAJOR POLICY DETERMINATION ON THE
FOLLOWING QUESTION:

HOW WILL THE PARTIES TO A COLLECTIVE BARGAINING AGREEMENT ACHIEVE
ENFORCEMENT OF A BINDING

ARBITRATION AWARD UNDER THE CIVIL SERVICE REFORM ACT, PUB. L.
95-454, 5 U.S.C. SECTION 7121(B)(3)(C)? SPECIFICALLY, WILL (MUST) THE
FEDERAL LABOR RELATIONS AUTHORITY ENTERTAIN PETITIONS FOR SUCH
ENFORCEMENT PURSUANT TO THE BROAD GRANT OF POWERS TO THE AUTHORITY
UNDER
5 U.S.C. SECTION 7105(A)(1), (2) AND ISSUE A FINAL ORDER BASED UPON SUCH
PETITION WHICH IS ENFORCEABLE IN FEDERAL COURT UNDER 5 U.S.C. SECTION
7123(B)?

THE AUTHORITY HAS CAREFULLY CONSIDERED THIS REQUEST AND HAS
DETERMINED THAT IT DOES NOT SATISFY THE STANDARDS GOVERNING THE ISSUANCE
OF GENERAL STATEMENTS OF POLICY AND GUIDANCE SET FORTH IN SECTION 2427.5
OF THE RULES OF THE FEDERAL LABOR RELATIONS AUTHORITY, 45 FED.REG.
3516(1980), WHICH PROVIDES IN PERTINENT PART:

SECTION 2427.5 STANDARDS GOVERNING ISSUANCE OF GENERAL STATEMENTS OF
POLICY AND GUIDANCE.

IN DECIDING WHETHER TO ISSUE A GENERAL STATEMENT OF POLICY OR
GUIDANCE, THE AUTHORITY SHALL

CONSIDER:

(A) WHETHER THE QUESTION PRESENTED CAN MORE APPROPRIATELY BE RESOLVED
BY OTHER MEANS(.)

THE QUESTION PRESENTED IN THIS REQUEST FOR A MAJOR POLICY
DETERMINATION CAN BE MORE APPROPRIATELY RESOLVED BY OTHER MEANS. IN
THIS REGARD, THE AUTHORITY CONSIDERED A SUBSTANTIALLY IDENTICAL MATTER
IN HEADQUARTERS, U.S. ARMY COMMUNICATIONS COMMAND, ET AL., FORT HUACHUCA
ARIZONA AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1662,
CASE NO. O-MC-, 2 FLRA NO. 101 (MAR. 7, 1980) AND CONCLUDED AS FOLLOWS:

(T)HE AUTHORITY FINDS THAT THE LEGISLATIVE HISTORY OF THE STATUTE
RELIED UPON BY THE UNION

FAILS TO SUPPORT THE UNION'S ASSERTION THAT AN ARBITRATION AWARD TO
WHICH NO EXCEPTION HAS

BEEN FILED BECOMES AN "ORDER" OF THE AUTHORITY WITHIN THE MEANING OF
5 U.S.C. 7123(B). ON THE

CONTRARY, THE LEGISLATIVE HISTORY OF SECTION 7123 OF THE STATUTE
SUPPORTS THE CONCLUSION THAT

AN ARBITRATION AWARD TO WHICH NO EXCEPTION HAS BEEN FILED DOES NOT
CONSTITUTE AN "ORDER OF THE

AUTHORITY" UNDER SECTION 7123(B) UPON WHICH ENFORCEMENT ACTION MAY BE
PREDICATED BEFORE A

UNITED STATES COURT FOR APPEALS.

THE AUTHORITY FURTHER NOTES THAT IT APPEARS FROM THE RECORD THAT THE
PARTIES ARE PRIMARILY

DISPUTING WHETHER THE ACTIVITY HAS COMPLIED WITH THE ARBITRATOR'S
AWARD. THERE ARE READY

MEANS AVAILABLE UNDER THE STATUTE FOR RESOLVING THIS TYPE OF DISPUTE.
IF A QUESTION OF

CLARIFICATION OR INTERPRETATION OF THE ARBITRATOR'S AWARD ARISES IN
CONNECTION WITH COMPLIANCE

THEREWITH, THE PARTIES MAY JOINTLY REQUEST A CLARIFICATION OR
INTERPRETATION OF THE AWARD FROM

THE ARBITRATOR OR THE PARTIES MAY JOINTLY SUBMIT THE QUESTION OF
COMPLIANCE TO ARBITRATION FOR

RESOLUTION. IN ADDITION, WHERE APPROPRIATE, THE UNFAIR LABOR
PRACTICE PROCEDURES UNDER

SECTION 7116 OF THE STATUTE MAY BE USED WHEN THERE IS A DISPUTE
CONCERNING AN ALLEGED FAILURE

OF A PARTY TO ABIDE BY A FINAL AND BINDING ARBITRATION AWARD.
INDEED, THE FOREGOING

PROCEEDINGS ARE PARTICULARLY EQUIPPED TO RESOLVE COMPLIANCE DISPUTES
SUCH AS HERE INVOLVED

SINCE THOSE DISPUTES FREQUENTLY REQUIRE CREDIBILITY AND OTHER FACTUAL
DETERMINATIONS DEPENDENT

UPON THE TAKING OF TESTIMONY IN SUCH HEARINGS.

ACCORDINGLY, THE REQUEST FOR A MAJOR POLICY DETERMINATION IS DENIED.

ISSUED, WASHINGTON, D.C., JULY 10, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY