AFGE Local 2225 and Naval Air Rework Facility Norfolk (Authority decision, July 22, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on a negotiability petition. 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

AFGE proposed paid time for its vice presidents and stewards to perform representational tasks during work hours. The proposal would cover employees outside the bargaining unit represented by the union. The Authority held that this exceeded the negotiable official time provision and dismissed the petition.

Decision snapshot

• Authority: Official time under 5 U.S.C. § 7131(d).
• Outcome: Proposal outside the duty to bargain; petition dismissed.
• Key point: The negotiated official time provision did not cover employees outside the represented unit.

Full text (FLRA public release)

[ v19 p212 ]

19:0212(22)NG

The decision of the Authority follows:

19 FLRA No. 22

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2225
Union

and

U.S. DEPARTMENT OF DEFENSE,
NAVAL AIR REWORK FACILITY,
NORFOLK, VIRGINIA
Agency

Case No. O-NG-1037

DECISION AND ORDER ON NEGOTIABILITY ISSUE

The petition for review in this case comes before the Federal Labor Relations Authority (the Authority) pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute), and presents an issue concerning the negotiability of the following Union proposal:

Section 2. The Vice-Presidents and stewards will be granted reasonable time during working hours without loss of pay or benefits to perform the following:

a. Discuss, prepare and present grievances when acting as a representative of an employee.

b. Confer with employees on appropriate matters directly related to the work situation.

c. Meeting cognizant supervisors or other Employer representatives concerning the interpretation and application of this agreement as it pertains to personnel policies and practices under their authority and jurisdiction.

d. Initiate requests for or recommendations in connection with consultation or negotiation meetings with supervisors or Employer representatives.

Upon careful consideration of the entire record, including the parties' contentions, /1/ the Authority makes the following determination.

It appears from the record that the proposal would entitle certain Union representatives who are not employed in the bargaining unit to official time to perform the representational activities described in the proposal. Apparently, some Union Vice-Presidents are employed outside the bargaining unit in other components of the Agency. The Agency contends that to the extent that the proposal includes non-unit employees, it is outside the duty to bargain.

The Authority recently addressed the question of whether, pursuant to section 7131(d) of the Statute, /2/ official time for employees who are union representatives is within the duty to bargain when these employees are not members of the bargaining unit covered by the contract involved and in which the representational activity is being conducted. In this respect, in National Association of Government Employees, Local R7-23 and Department of the Air Force, Scott Air Force Base, Illinois, 16 FLRA No. 96 (1984), the Authority concluded that because the disputed proposal in that case would have required official time to be granted to union representatives who were not employed in the bargaining unit in which the representational activity was being conducted, it did not pertain to conditions of employment of unit employees. Thus, the Authority held that section 7131(d) did not operate to otherwise permit bargaining over official time for such non-unit employees.

Consequently, since the instant proposal also would require official time to be granted to employees who are not in the bargaining unit covered by the contract involved and in which the representational activity is being performed, the Authority concludes, for the reasons stated and the cases cited in Scott Air Force Base, Illinois, that it is outside the duty to bargain.

Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the Union's petition for review be, and it hereby is, dismissed. Issued, Washington, D.C., July 22, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ The Union did not file a Reply Brief in this case.

/2/ Section 7131(d) of the Statute provides:

(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.