National Association of Government Employees, Local R7-23 and 375th Air Base Group, Scott Air Force Base (Authority decision, January 22, 1982)

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

NAGE Local R7-23 proposed that management consider union recommendations for punitive or remedial action against managers and supervisors who violated employee rights. The Authority held that the proposal concerned discipline of managers and supervisors outside the bargaining unit, rather than unit employees' conditions of employment. It found the proposal outside the duty to bargain and dismissed the union's negotiability petition.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Proposal held nonnegotiable; petition dismissed.
• Key point: A proposal about disciplining excluded managers and supervisors did not concern bargaining-unit conditions of employment.

Full text (FLRA public release)

[ v07 p710 ]

07:0710(110)NG

The decision of the Authority follows:

7 FLRA No. 110

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R7-23
Union

and

HEADQUARTERS, 375TH AIR BASE GROUP,
SCOTT AIR FORCE BASE, ILLINOIS
Agency

Case No. O-NG-344

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 INVOLVES THE NEGOTIABILITY OF THE FOLLOWING UNION PROPOSAL:

MANAGEMENT WILL TAKE INTO CONSIDERATION UNION RECOMMENDED PUNITIVE
AND REMEDIAL ACTIONS IN

REGARD TO MANAGEMENT OFFICIALS AND SUPERVISORS WHO ARE FOUND
RESPONSIBLE FOR VIOLATIONS OF THE

RIGHTS OF EMPLOYEES.

UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.

IN AGREEMENT WITH THE AGENCY, THE AUTHORITY FINDS THAT THIS PROPOSAL
DOES NOT DIRECTLY RELATE TO CONDITIONS OF EMPLOYMENT OF UNIT EMPLOYEES.
RATHER, IT RELATES TO THE DISCIPLINE OF MANAGEMENT OFFICIALS AND
SUPERVISORS WHO ARE EXCLUDED FROM THE BARGAINING UNIT. CONSEQUENTLY,
FOR THE REASONS STATED IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
NATIONAL COUNCIL OF EEOC LOCALS NO. 216, AFL-CIO AND EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, WASHINGTON, D.C., 3 FLRA NO. 80(1980), THE
UNION'S PROPOSAL IS OUTSIDE THE DUTY TO BARGAIN UNDER THE STATUTE.

ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED THAT THE UNION'S
PETITION FOR REVIEW BE, AND IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., JANUARY 22, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY