Decision on Request for General Statement of Policy or Guidance (Authority decision, May 21, 1980)

Final FLRA decision. The Authority denied the request for general policy guidance. 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

A federal employees union requested a broad ruling about dues deductions that continued after an employee became a supervisor. It opposed agency refunds to the supervisor and recoupment from the local union. The Authority found the matter more suitable for a concrete case and denied the policy request.

Decision snapshot

• Authority: 5 U.S.C. § 7115(a).
• Outcome: General policy request denied.
• Key point: Specific dues recoupment disputes required factual adjudication.

Full text (FLRA public release)

[ v03 p233 ]

03:0233(33)PS

The decision of the Authority follows:

3 FLRA No. 33

Case No. 0-PS-14

DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
GUIDANCE

THE AUTHORITY RECEIVED A REQUEST FROM THE NATIONAL FEDERATION OF
FEDERAL EMPLOYEES (NFFE) THAT THE AUTHORITY ISSUE A MAJOR POLICY
DETERMINATION CONCERNING, IN EFFECT, THE PROPRIETY OF AN AGENCY
RECOUPING AN AMOUNT EQUAL TO UNION DUES ERRONEOUSLY DEDUCTED FROM A
SUPERVISOR'S PAY.

ACCORDING TO NFFE'S SUBMISSION, THE REQUEST ARISES FROM THE SITUATION
PRESENTLY FACED BY SOME NFFE LOCALS WHEREIN AN EMPLOYEE, FORMERLY A
BARGAINING UNIT MEMBER PAYING UNION DUES THROUGH A WRITTEN ASSIGNMENT
AUTHORIZING THE AGENCY TO DEDUCT THE DUES FROM THE EMPLOYEE'S PAY, HAS
BEEN PROMOTED TO A SUPERVISORY POSITION AND THE AGENCY DOES NOT
IMMEDIATELY TERMINATE SUCH EMPLOYEE'S DUES ASSIGNMENT. NFFE CLAIMS THE
CURRENT PRACTICE IS THAT AFTER THE AGENCY DISCOVERS ITS OVERSIGHT, IT
TERMINATES THE SUPERVISOR'S UNION DUES ASSIGNMENT, REFUNDS ALL DUES
WITHHELD TO THE SUPERVISOR SINCE THE EFFECTIVE DATE OF HIS OR HER
PROMOTION, AND THEN RECOUPS AN AMOUNT EQUAL TO THE DUES REFUNDED FROM
THE NFFE LOCAL. IN ADDITION, NFFE CLAIMS THAT IN MANY CASES, THE
SUPERVISOR IN QUESTION HAS NOT REQUESTED A REFUND OF THE UNION DUES AND
HAS RECEIVED SERVICES FROM THE NFFE LOCAL IN EXCHANGE FOR THE DUES.
FURTHER, NFFE CLAIMS THAT RECOUPING UNION DUES ERRONEOUSLY DEDUCTED FROM
SUPERVISORS' PAY BY AGENCIES HAS RESULTED IN FINANCIAL INSTABILITY FOR
MANY NFFE LOCALS, WHICH, IN TURN, HAS AFFECTED THE ABILITY OF THESE
LOCALS TO PERFORM THEIR RESPONSIBILITIES AS THE EXCLUSIVE REPRESENTATIVE
OF EMPLOYEES.

IN THIS CONTEXT, NFFE ASKS THE AUTHORITY TO ISSUE A MAJOR POLICY
DETERMINATION PROHIBITING THE REFUNDING OF DUES ERRONEOUSLY DEDUCTED
FROM A SUPERVISOR'S PAY AND PROHIBITING THE RECOUPMENT OF THE DUES FROM
THE LOCAL UNION. IN ADDITION, NFFE REQUESTS THAT AGENCIES BE REQUIRED
TO REFUND TO THE LOCAL UNIONS AMOUNTS RECOUPED SINCE THE PASSAGE OF THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.

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, WHICH PROVIDES IN
PERTINENT PART:

SEC. 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;

(B) WHERE OTHER MEANS ARE AVAILABLE, WHETHER AN AUTHORITY STATEMENT
WOULD PREVENT THE

PROLIFERATION OF CASES INVOLVING THE SAME OR SIMILAR QUESTION(.)

THE MATTER RAISED IN THIS REQUEST FOR A MAJOR POLICY DETERMINATION
CAN BE MORE APPROPRIATELY RESOLVED BY OTHER MEANS. FOR EXAMPLE,
PROCEDURES SET FORTH IN THE STATUTE AND APPROPRIATE REGULATIONS FOR THE
RESOLUTION OF UNFAIR LABOR PRACTICES PROVIDE A MECHANISM FOR THE
ADJUDICATION OF ISSUES OF FACT WITH RESPECT TO THE VARIED CIRCUMSTANCES
LIKELY TO BE PRESENT IN A SPECIFIC TERMINATION OF DUES ASSIGNMENT
SITUATION. /1/

MOREOVER, AUTHORITY ACTION ON THIS REQUEST IS NOT WARRANTED SINCE IT
WOULD NOT PREVENT THE PROLIFERATION OF CASES INVOLVING THE SAME OR A
SIMILAR MATTER. AS PREVIOUSLY INDICATED, THE VARIED CIRCUMSTANCES
LIKELY TO BE PRESENT IN A SPECIFIC TERMINATION OF DUES ASSIGNMENT
SITUATION MAKE IT DIFFICULT OR IMPOSSIBLE TO RENDER A MEANINGFUL POLICY
STATEMENT. THE AUTHORITY WOULD BE COMPELLED TO ENGAGE IN CONJECTURE
REGARDING THESE VARIED CIRCUMSTANCES AND IN SO DOING RUNS THE RISK OF
CREATING MORE CASES THAN ISSUANCE OF A POLICY STATEMENT WOULD PREVENT.

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

ISSUED, WASHINGTON, D.C., MAY 21, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

/1/ IN THIS CONNECTION, IT IS NOTED THAT NFFE HAS FILED SEVERAL
UNFAIR LABOR PRACTICE CHARGES WITH THE AUTHORITY INVOLVING THE MATTER
HEREIN.