U.S. Department of Defense, Department of the Air Force, Air Force Logistics Command and San Antonio Air Logistics Center and International Association of Firefighters, Local F-89 (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 International Association of Firefighters sought reimbursement for a union representative's travel and per diem expenses from Air Force bargaining sessions. The Air Force refused to pay, and the union alleged that the refusal violated the statutory official time duty. On a stipulated record, the Authority held that official time for negotiations did not require payment of those expenses. It dismissed the unfair-labor-practice complaint in full.

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 in full; travel and per diem reimbursement denied.
• Key point: The agency's official time duty did not require reimbursement of a union representative's bargaining travel.

Full text (FLRA public release)

[ v14 p109 ]

14:0109(23)CA

The decision of the Authority follows:

14 FLRA No. 23

UNITED STATES DEPARTMENT OF DEFENSE
DEPARTMENT OF THE AIR FORCE
AIR FORCE LOGISTICS COMMAND
WRIGHT-PATTERSON AIR FORCE BASE, OHIO
Respondent

and

SAN ANTONIO AIR LOGISTICS CENTER
KELLY AIR FORCE BASE, TEXAS
Respondent

and

INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL F-89
Charging Party

Case No. 6-CA-30076

DECISION AND ORDER

This matter is before the Authority pursuant to the Regional Director's "Order Transferring Case to the Federal Labor Relations 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 Respondents failed to comply with section 7131(a) in violation of section 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to reimburse employee Amedee N. Davila for travel and per diem expenses incurred while serving as the Union representative in negotiations conducted May 11 through 13, 1982.

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 its 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 Respondents did not fail or refuse to comply with the provisions of section 7131(a) of the Statute. Therefore, it follows that the Respondents did not violate section 7116(a)(1) and (8) of the Statute.

ORDER

IT IS HEREBY ORDERED that the complaint in Case No. 6-CA-30076 be, and it hereby is, dismissed in its entirety.

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

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