NFFE Local 1363 and U.S. Army Garrison, Yongsan, Korea (Authority decision, August 30, 1983)

Final FLRA decision. The Authority resolved the matter described below. 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

NFFE Local 1363 proposed that employees not drink alcoholic beverages while on duty unless a supervisor directed otherwise. The Authority read the proposal in light of the union’s explanation as addressing alcohol dispensed in membership associations to employees off duty. It held that dispensing alcohol in those associations was not a condition of employment, following an earlier decision involving the same garrison. The Authority dismissed the negotiability petition on the merits.

Decision snapshot

• Authority: 5 U.S.C. § 7105(a)(2)(E).
• Outcome: Proposal held outside duty to bargain; petition dismissed.
• Key point: Dispensing alcohol in membership associations was not a condition of employment.

Full text (FLRA public release)

[ v12 p665 ]

12:0665(131)NG

The decision of the Authority follows:

12 FLRA No. 131

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1363
Union

and

UNITED STATES ARMY
GARRISON, YONGSAN, KOREA
Agency

Case No. O-NG-622

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). The issue presented is the negotiability of the following Union proposal:

Employees will not drink alcoholic beverages while on duty unless so directed by their supervisors.

Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determination. The instant proposal is in all respects materially to the same effect as the proposal in National Federation of Federal Employees, Local 1363 and United States Army Garrison, Yongsan, Korea, 12 FLRA No. 125 (1983). In that case, the effect of the Union's proposal was to prohibit the dispensation of alcoholic beverages in certain membership associations only to persons on duty as opposed to prohibiting dispensation of such beverages to all employees during duty hours, as provided under an Agency regulation. Similarly, in the instant case, the Union's stated intent also is to permit employees off duty to drink alcoholic beverages in such associations, and the sole contention of the Agency is that dispensation of alcohol at such associations is not a condition of employment. Therefore, based on United States Army Garrison and for the reasons stated therein, it is concluded that the dispensation of alcoholic beverages in membership associations is not a condition of employment, and therefore the instant proposal is not within the duty to bargain.

Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the petition for review be, and it hereby is, dismissed. Issued, Washington, D.C., August 30, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY