NFFE Local 1363 and U.S. Army Garrison, Yongsan (Authority decision, December 3, 1982)

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

NFFE Local 1363 proposed that unit employees not face late charges on repayment of excess work-expense advances. The Authority found the proposal materially the same as one it had just held within the duty to bargain. It ordered the Army garrison to bargain on request, without judging the proposal’s merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Agency negotiability objection rejected; bargaining ordered.
• Key point: The earlier ruling on an equivalent repayment proposal controlled.

Full text (FLRA public release)

[ v10 p560 ]

10:0560(97)NG

The decision of the Authority follows:

10 FLRA No. 97

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1363,
REPUBLIC OF KOREA
Union

and

U.S. ARMY GARRISON,
YONGSAN, KOREA
Agency

Case No. O-NG-450

DECISION AND ORDER ON NEGOTIABILITY ISSUE

The petition for review in this case comes before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute) and raises the question of the negotiability of the following Union proposal.

Union Proposal

We propose that members of our bargaining units not be subject to late payment charges.

Upon careful consideration of the entire record, including the contentions of the parties, the Authority makes the following determinations: The proposal is concerned with the conditions under which employees will reimburse the Agency for monies they have received through advances where the expenses actually incurred for work-related expenses are less than the advance. The proposal provides that no late payment charges will be applied to such a debt after the employees' repayment becomes delinquent. The Parties herein are in agreement that the term "late payment charges" as used in the proposal refers to both "late charges" and/or "interest" as those terms are used in pertinent regulations and correlative guidance. /1/

The instant proposal is in all respects materially to the same effect as the proposal held to be within the duty to bargain by the Authority in National Federation of Federal Employees, Local 29 and U.S. Army Engineer District, Kansas City, Mo., 10 FLRA No. 95 (1982). Based on U.S. Army Engineer District, Kansas City, Mo. and the reasons stated therein, it is therefore concluded that the instant proposal is within the duty to bargain. /2/

Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations (5 CFR 2424.10), IT IS ORDERED that the Agency shall upon request (or as otherwise agreed to by the parties) bargain concerning the proposal.

Issued, Washington, D.C., December 3, 1982

Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ See National Federation of Federal Employees, Local 29 and U.S. Army Engineer District, Kansas City, Mo., 10 FLRA No. 95 (1982) at page 2, n. 3.

/2/ In deciding that the proposal is within the duty to bargain, the Authority, of course, makes no judgment as to the merits thereof.