09:0251(35)CA - Marine Corps Development and Education Center and AFGE Local 1786 -- 1982 FLRAdec CA (Authority decision, June 24, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving an unfair labor practice complaint under 5 U.S.C. § 7116. 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

A Marine Corps employee represented a union in bargaining for a unit to which he did not belong. The center denied him official time for that bargaining. On a transferred record, the Authority found no statutory violation and dismissed the complaint.

Decision snapshot

• Authority: 5 U.S.C. § 7131(a).
• Outcome: Complaint dismissed.
• Key point: The statutory official time entitlement did not cover this negotiator outside the unit being represented.

Full text (FLRA public release)

[ v09 p251 ]

09:0251(35)CA

The decision of the Authority follows:

9 FLRA No. 35

MARINE CORPS DEVELOPMENT AND
EDUCATION CENTER
Respondent

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1786, AFL-CIO
Charging Party

Case No. 3-CA-2080

DECISION AND ORDER

THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
DIRECTOR'S "ORDER TRANSFERRING CASE TO THE AUTHORITY" IN ACCORDANCE WITH
SECTION 2429.1 OF THE AUTHORITY'S RULES AND REGULATIONS.

UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
PARTIES' STIPULATION OF FACTS, THE AUTHORITY FINDS:

THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION
7116(A)(1), (5) AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (THE STATUTE) WHEN IT REFUSED TO AUTHORIZE OFFICIAL
TIME TO DALE B. SCHAFER FOR THE PURPOSE OF REPRESENTING THE CHARGING
PARTY (AFGE L. 1786) IN CONTRACT NEGOTIATIONS WITH THE RESPONDENT.

AFGE L. 1786 HOLDS EXCLUSIVE RECOGNITION FOR A UNIT CONSISTING OF
CERTAIN NONAPPROPRIATED FUND (NAF) EMPLOYEES OF THE RESPONDENT. ON
JANUARY 13, 1981, THE RESPONDENT AND AFGE L. 1786 MET FOR THE PURPOSE OF
NEGOTIATING GROUND RULES AND COMMENCING NEGOTIATIONS FOR A NEW
COLLECTIVE BARGAINING AGREEMENT TO COVER THE NAF UNIT. DALE B. SCHAFER,
PRESIDENT OF AFGE L. 1786, SERVED AS A MEMBER OF THE AFGE L. 1786
NEGOTIATING TEAM. ALTHOUGH AN EMPLOYEE OF THE RESPONDENT, MR. SCHAFER
WAS NOT A MEMBER OF THE NAF BARGAINING UNIT FOR WHICH THE CONTRACT WAS
BEING NEGOTIATED. MR. SCHAFER'S REQUEST FOR OFFICIAL TIME FOR THE TIME
SPENT IN NEGOTIATIONS WAS DENIED BY THE RESPONDENT FOR THE REASON THAT
HE WAS NOT A MEMBER OF THE NAF BARGAINING UNIT AND HE WAS REQUIRED TO
TAKE TWO HOURS OF LEAVE WITHOUT PAY TO COVER SUCH TIME.

FOR THE REASONS FULLY SET FORTH IN UNITED STATES AIR FORCE, 2750TH
AIR BASE WING HEADQUARTERS, AIR FORCE LOGISTICS COMMAND,
WRIGHT-PATTERSON AFB, OHIO, 7 FLRA NO. 118 (1982), THE AUTHORITY FINDS
THAT THE RESPONDENT'S ACTIONS IN DENYING OFFICIAL TIME TO MR. SCHAFER
DID NOT VIOLATE SECTION 7116(A)(1), (5) OR (8) OF THE STATUTE AND THAT
THE COMPLAINT SHOULD BE DISMISSED.

ORDER

IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 3-CA-2080 BE, AND
IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., JUNE 24, 1982

RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY

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