Decision on Request for General Statement of Policy or Guidance (Authority decision, June 27, 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

The National Treasury Employees Union asked for general guidance on travel and per diem payments for employees using negotiated official time. The Authority concluded the question arose from a negotiable subject and could be addressed through the statute’s negotiability procedures. It denied the policy statement request without deciding a specific entitlement to expenses.

Decision snapshot

• Authority: 5 U.S.C. § 7131(d).
• Outcome: General policy request denied.
• Key point: A concrete negotiability dispute was the proper route for the travel expense question.

Full text (FLRA public release)

[ v03 p496 ]

03:0496(78)PS

The decision of the Authority follows:

3 FLRA No. 78

Case No. 0-PS-16

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 GENERAL STATEMENT OF POLICY CONCERNING
THE INTERPRETATIONS OF SECTION 7131(D) OF THE STATUTE. /1/

ACCORDING TO THE REQUEST, THE SPECIFIC MATTER AT ISSUE IS THE
FOLLOWING:

WHETHER EMPLOYEES WHO ARE ON OFFICIAL TIME UNDER 5 U.S.C. SECTION
7131(D) WHILE

REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR IN CONNECTION WITH OTHER
MATTERS COVERED BY 5

U.S.C. CHAPTER 71, ARE ENTITLED TO PAYMENTS FROM AGENCIES FOR THEIR
TRAVEL AND PER DIEM

EXPENSES.

THE AUTHORITY HAS CAREFULLY CONSIDERED THIS REQUEST AND DETERMINED
THAT THE REQUEST DOES NOT SATISFY THE STANDARDS GOVERNING THE ISSUANCE
OF GENERAL STATEMENTS OF POLICY AND GUIDANCE SET FORTH IN SECTION 2427.5
OF THE AUTHORITY'S RULES AND REGULATIONS, 45 FED. REG. 3516(1980),
WHICH PROVIDE 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 MATTER RAISED IN THE REQUEST CAN BE MORE APPROPRIATELY RESOLVED
BY OTHER MEANS.

MORE PARTICULARLY, THE AUTHORIZATION OF OFFICIAL TIME FOR PURPOSES
DESCRIBED IN SECTION 7131(D) OF THE STATUTE IS A MATTER SUBJECT TO
NEGOTIATION UNDER THE PROVISIONS OF THAT SECTION. THE QUESTION
PRESENTED RELATES TO THE MATTER OF THE ENTITLEMENT OF EMPLOYEES TO
PAYMENT FOR THEIR TRAVEL AND PER DIEM EXPENSES IN CONNECTION WITH SUCH
OFFICIAL TIME, AND DERIVES FROM AND IS IMMEDIATELY RELATED TO THIS
NEGOTIABLE MATTER, AND CAN MORE APPROPRIATELY BE RESOLVED IN PROCEDURES
SET FORTH IN THE STATUTE AND PERTINENT REGULATIONS FOR REVIEW OF
NEGOTIABILITY DISPUTES.

ACCORDINGLY, THE REQUEST FOR A GENERAL STATEMENT OF POLICY MUST BE
DENIED.

ISSUED, WASHINGTON, D.C., JUNE 27, 1980

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

/1/ SECTION 7131(D) PROVIDES AS FOLLOWS:

(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.