Department of Defense Dependents Schools and National Education Association/Overseas Education Association, Pacific Area Director (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 and per diem reimbursement for a union negotiator who attended bargaining and mediation sessions. The Defense Dependents Schools denied the request, and the union filed an unfair-labor-practice charge. On the stipulated record, the Authority held that the statutory duty to provide official time did not include paying travel expenses or per diem allowances. It dismissed the 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 reimbursement ordered.
• Key point: The agency's official time duty did not require payment for bargaining or mediation travel.

Full text (FLRA public release)

[ v14 p107 ]

14:0107(22)CA

The decision of the Authority follows:

14 FLRA No. 22

DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS
Respondent

and

NATIONAL EDUCATION ASSOCIATION/OVERSEAS
EDUCATION ASSOCIATION, PACIFIC AREA DIRECTOR Charging Party

Case No. 38-CA-20113

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 herein alleges that the Respondent failed and refused to comply with section 7131(a) of the Federal Service Labor-Management Relations Statute (the Statute) by denying the Union's request for travel and per diem expenses for Union negotiator William Schussel for negotiations conducted on August 24 and September 2, 3, 4 and 9, 1981, and the mediation session conducted on September 28, 1981, in violation of section 7116(a)(1) and (8) of the Statute.

The threshold issue presented in this case is the same as the threshold issue presented 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 any 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 the Respondent did not violate section 7116(a)(1) and (8) of the Statute. /1/

ORDER

IT IS ORDERED that the complaint in Case No. 38-CA-20113 be, and it hereby is, dismissed. /2/

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/ In view of the disposition herein, the Authority finds it unnecessary to consider the Respondent's alternative arguments.

/2/ 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.