National EPA Council, American Federation of Government Employees and Environmental Protection Agency (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

The EPA planned to use one representative in contract negotiations, which limited the union's matching official time under one provision of federal labor law. The union proposed duty time for an additional note taker and for resource or observer participants at the bargaining table. The Authority held that official time for these additional union participants was within the duty to bargain under another statutory provision. It ordered the EPA to bargain over both proposals on request, without deciding whether their terms were desirable.

Decision snapshot

• Authority: Negotiation official time under 5 U.S.C. § 7131(a) and (d).
• Outcome: Both union proposals found within the duty to bargain; bargaining ordered on request.
• Key point: Additional union participants' official time could be negotiated even when the agency used only one negotiator.

Full text (FLRA public release)

[ v16 p625 ]

16:0625(90)NG

The decision of the Authority follows:

16 FLRA No. 90

NATIONAL EPA COUNCIL,
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO
Union

and

ENVIRONMENTAL PROTECTION
AGENCY
Agency

Case No. O-NG-738

DECISION AND ORDER ON NEGOTIABILITY ISSUES

This petition for review 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 issues concerning the negotiability of the following two Union proposals:

It is agreed that no official transcript will be made of the proceedings of negotiations; however, each party will be permitted one additional person to take notes. Such individual will be in a duty status.

Both the union and management may have up to three resources/observer persons in the room during negotiations at any given time. All such resource/observer persons will be in duty status.

(Only the underlined portions of the proposals are in dispute.)

Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. According to the record, the Agency has decided to have only one person represent it in negotiations. Inasmuch as this would limit the entitlement to official time for the Union's representatives in negotiations to one person under section 7131(a) of the Statute, the proposals, as explained by the Union, seek official time for additional persons for the purpose of participation in negotiations on behalf of the Union. Insofar as the proposals are for this purpose they are materially to the same effect as Union Proposal 2 in American Federation of Government Employees, AFL-CIO and U.S. Environmental Protection Agency, 15 FLRA No. 96 (1984), which the Authority found negotiable pursuant to section 7131(d) of the Statute. For the reasons fully expressed in EPA, the two Union proposals presented herein are within the duty to bargain.

Accordingly, pursuant to section 2424.10 of the Authority's Rules and Regulations, IT IS ORDERED that the Agency shall upon request (or as otherwise agreed to by the parties) bargain concerning the two Union proposals presented herein. /1/

Issued, Washington, D.C., November 30, 1984

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

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

/1/ In finding these Union proposals within the duty to bargain, the Authority makes no judgment as to their merits.