Department of Defense Dependents Schools and Overseas Education Association (Authority decision, March 23, 1984)

Final FLRA decision. The Authority dismissed the unfair-labor-practice complaint. Under 5 U.S.C. § 7123(a), a person aggrieved by a final Authority order may generally seek judicial review within 60 days of issuance. A review petition does not itself stay the order.

Plain-English summary

The Overseas Education Association sought travel orders and per diem expenses for employee representatives attending contract negotiations and mediation with the Defense Dependents Schools. The agency refused, and the union charged it with violating the statutory official time provision. On a stipulated record, the Authority held that official time for bargaining did not require payment of travel expenses or per diem allowances. It dismissed the unfair-labor-practice complaint on the merits.

Decision snapshot

• Authority: Official time under 5 U.S.C. § 7131(a) and alleged unfair labor practices under § 7116(a)(1) and (8).
• Outcome: Complaint dismissed; no travel or per diem payment ordered.
• Key point: The official time duty did not include payment for bargaining travel or mediation expenses.

Full text (FLRA public release)

[ v14 p111 ]

14:0111(24)CA

The decision of the Authority follows:

14 FLRA No. 24

DEPARTMENT OF DEFENSE
DEPENDENTS SCHOOLS
Respondent

and

OVERSEAS EDUCATION ASSOCIATION
Charging Party

Case No. 3-CA-2717

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(a) of the Authority's Rules and Regulations.

Upon consideration of the entire record in this case, including the stipulation of facts and the parties' contentions, the Authority finds:

The complaint alleges that the Respondent violated section 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by its failure and refusal to comply with the provisions of section 7131(a) of the Statute. Thus, the Respondent refused the Union's request for travel orders and per diem expenses for its designated employee representatives at negotiations conducted between the parties commencing on May 4, 1981, and for mediation sessions conducted on May 27, 28 and 29, 1981.

The facts and positions of the parties are substantially identical to those involved in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439(1983) wherein the United States Supreme Court concluded that the obligation of an agency under section 7131(a) of the Statute to provide official time to employees representing an exclusive representative in the negotiation of a collective bargaining agreement does not encompass the payment of travel expenses and per diem allowances. Pursuant to that decision and for the reasons set forth by the Court, the Authority concludes herein that the Respondent did not fail or refuse to comply with the provisions of section 7131(a) of the Statute. Therefore, it follows that Respondent did not violate section 7116(a)(1) and (8) of the Statute.

ORDER

IT IS ORDERED that the complaint in Case No. 3-CA-2717 be, and it hereby is, dismissed. /1/

Issued, Washington, D.C., March 23, 1984

Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ The Authority received a motion filed by the Counsel for the General Counsel seeking to have the case remanded to the Regional Director for withdrawal of the complaint and dismissal of the charge. In view of the Authority's disposition on the merits of this case, the Counsel for the General Counsel's motion is hereby denied.