National Association of Government Employees, Local R7-23 and Department of the Air Force, Scott Air Force Base, Illinois (Authority decision, November 30, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving a negotiability appeal. An aggrieved person may seek review in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

NAGE represented a nonappropriated fund employee unit at Scott Air Force Base under a separate contract from its other units. It proposed official time for representatives from outside that unit to represent its employees. The Authority held that the agency's bargaining obligation under this contract did not extend to the conditions of employment of people outside the covered unit. The official time statute did not expand that obligation. The Authority found the proposal outside the duty to bargain and dismissed the union's petition.

Decision snapshot

• Authority: Official time under 5 U.S.C. § 7131(d) and unit-specific bargaining obligations.
• Outcome: Proposal outside the duty to bargain; petition dismissed.
• Key point: A contract for one unit could not require official time for representatives employed in another unit.

Full text (FLRA public release)

[ v16 p650 ]

16:0650(96)NG

The decision of the Authority follows:

16 FLRA No. 96

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES,
LOCAL R7-23
Union

and

DEPARTMENT OF THE AIR FORCE,
SCOTT AIR FORCE BASE, ILLINOIS
Agency

Case No. O-NG-663

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 presents issues concerning the negotiability of the Union proposal which is set forth in the Appendix to this Decision. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations.

The Union represents six bargaining units at the Agency. Five of the units, all of which are composed of appropriated fund employees, are covered by one collective bargaining agreement while the remaining unit, composed of nonappropriated fund (NAF) employees, is covered by a separate collective bargaining agreement. The proposal here in dispute, which would be included in the contract covering the NAF unit would, inter alia, grant an Agency employee who is a member of an appropriated fund unit official time to represent employees who are included in the NAF unit. Thus, the question presented is whether, pursuant to section 7131(d) of the Statute, /1/ official time for Agency employees who are Union representatives is within the duty to bargain when the employees for whom the official time is sought are not members of the bargaining unit covered by the contract involved and in which the representational activity is being performed.

The Authority has held that an agency's obligation to bargain in good faith concerning the conditions of employment of its employees extends only to the conditions of employment of those employees in an appropriate bargaining unit represented by the exclusive representative. United States Department of Defense, Department of the Air Force, San Antonio Air Logistics Center, Kelly Air Force Base, Texas, 15 FLRA No. 186 (1984). In this case the Union is attempting to bargain regarding the conditions of employment of employees outside the bargaining unit. The fact that such bargaining is occurring pursuant to section 7131(d) does not extend the obligation to bargain to include conditions of employment of employees who are not members of the bargaining unit. See Kelly Air Force Base, 15 FLRA No. 186 (1984) and U.S. Naval Space Surveillance Systems, Dahlgren, Virginia and U.S. Naval Surface Weapons Center, Dahlgren, Virginia, 12 FLRA No. 140 (1983), aff'd sub nom. American Federation of Government Employees v. FLRA, 738 F.2d 633 (4th Cir. 1984). In this regard, the court in affirming the Authority's decision in Dahlgren noted:

Moreover, subsection (d) of 5 U.S.C. 7131 appears on its fact to expand the types of activities for which official time may be granted, not the classes of employee-negotiators who may receive reimbursement. /2/

Thus, the Union's proposal does not pertain to conditions of employment of unit employees and, contrary to the Union's contentions, section 7131(d) does not operate to otherwise permit bargaining over official time for non-unit employees. Based on the foregoing the Authority finds that the Union's 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 Union's petition for review be, and it hereby is, dismissed. Issued, Washington, D.C., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX

Section 7: Stewards and Union Officers will conduct their business with dispatch during working hours and shall not use their Union position for unwarranted absences from their work area. Representatives of the Union when leaving their work area, shall first advise their immediate supervisor. Permission will be granted by the supervisor of any employee being contacted. A reasonable amount of duty time shall be granted to Union Representatives for conducting the above requests. Union representatives will report upon return to their work site to their supervisor. A Union Representative Log will be completed by the Union Representative. The Log will be maintained on a continuing basis and provided by the Employer. An acceptable Log is illustrated, and penciled or penned format of the Log is sufficient. The Log shall be the joint property of both Union and management. It shall not have extraneous remarks entered by either party and shall have its use by management limited to accounting to GSA only.

REPRESENTATIVES SIGNATURE DATE CATEGORY TIME USED

Section 10: Official Time. Management agrees that all Officers and Stewards of NAGE Local R7-23 who represent NAF employees (regardless of whether the representative is a NAF employee) are entitled to a reasonable amount of official time to properly represent NAF employees in all matters of working conditions. This includes, but is not limited to, time for the following:

1. Meetings, consultations, and negotiations with management.

2. Meetings with employees and other Union Representatives.

3. Investigation of complaints.

4. Perusing correspondence from management.

5. Composing, including the typing and delivery thereof, answers to
   management correspondence and other correspondence relative to representational matters.

6. Picking up and delivering mail to the U.S. Post Office.

7. Preparation for all aspects of labor-management relations.

8. Attending and conducting training and informational seminars.

9. Preparation of reports required for operation of a labor union
   such as the LM-3.

10. Preparation for and attendance at: all phases of grievance
    hearings; arbitrations; hearings and investigations of the FLRA, MSPB, OWCP, EEOC, FSIP, Congress, the courts, and other such agencies.

11. Telephone conversations with management, Union Representatives,
    and bargaining unit employees.

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

/1/ 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.

/2/ 738 F.2d 633 at 636.