[ v09 p635 ]
09:0635(71)CA
The decision of the Authority follows:
9 FLRA No. 71 UNITED STATES DEPARTMENT OF DEFENSE DEPARTMENT OF THE AIR FORCE 93RD COMBAT SUPPORT GROUP CASTLE AIR FORCE BASE, CALIFORNIA Respondent and NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R12-91 Charging Party Case No. 9-CA-1072 DECISION AND ORDER THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1 OF THE AUTHORITY'S RULES AND REGULATIONS. UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE STIPULATION OF FACTS AND THE PARTIES' CONTENTIONS, /1/ THE AUTHORITY FINDS: THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1) AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) WHEN IT FAILED AND REFUSED TO GRANT OFFICIAL TIME TO EMPLOYEES FRANK L. LUZANIA, PEGGY WHITAKER AND TURNER JOHNSON FOR THEIR PARTICIPATION IN COLLECTIVE BARGAINING WITH THE RESPONDENT. THE RESPONDENT'S REFUSAL WAS PREMISED ON THE FACT THAT THE DESIGNATED UNION REPRESENTATIVES ARE NOT EMPLOYED WITHIN THE BARGAINING UNIT INVOLVED IN THE NEGOTIATIONS. THE UNION IS THE EXCLUSIVE REPRESENTATIVE OF TWO SEPARATE BARGAINING UNITS AT THE RESPONDENT ACTIVITY. ONE OF THESE UNITS INCLUDES ALL NON-APPROPRIATED FUND EMPLOYEES WHILE THE OTHER INCLUDES ALL WAGE GRADE AND GENERAL SCHEDULE EMPLOYEES, I.E., APPROPRIATED FUND EMPLOYEES. WITH REGARD TO NEGOTIATIONS FOR NON-APPROPRIATED FUND EMPLOYEES, THE UNION DESIGNATED THREE OF ITS LOCAL OFFICERS AS ITS REPRESENTATIVES. THE THREE OFFICERS, LUZANIA, WHITAKER AND JOHNSON, ARE ALL APPROPRIATED FUND EMPLOYEES AND THUS ARE NOT EMPLOYED IN THE NON-APPROPRIATED FUND BARGAINING UNIT. THE FACTS AND POSITIONS OF THE PARTIES IN THIS CASE ARE SUBSTANTIALLY IDENTICAL TO THOSE IN UNITED STATES AIR FORCE, 2750TH AIR BASE WING HEADQUARTERS, AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AFB, OHIO, 7 FLRA NO. 118 (1982). FOR THE REASONS MORE FULLY STATED IN UNITED STATES AIR FORCE, THE AUTHORITY CONCLUDES THAT RESPONDENT'S CONDUCT IN REFUSING TO PROVIDE OFFICIAL TIME TO THE EMPLOYEES NAMED ABOVE WAS NOT VIOLATIVE OF SECTION 7116(A)(1) AND (8) OF THE STATUTE. /2/ THUS, OFFICIAL TIME ENTITLEMENT UNDER SECTION 7131(A) ACCRUES ONLY TO EMPLOYEES SERVING AS DESIGNATED UNION REPRESENTATIVES WHO ARE MEMBERS OF THE BARGAINING UNIT FOR WHICH NEGOTIATIONS ARE BEING CONDUCTED. ACCORDINGLY, THE AUTHORITY FINDS THAT THE COMPLAINT SHOULD BE DISMISSED. ORDER IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 9-CA-1072 BE, AND IT HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., JULY 21, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ THE GENERAL COUNSEL'S UNTIMELY FILED BRIEF WAS NOT CONSIDERED HEREIN. THE GENERAL COUNSEL'S SUBSEQUENT MOTION TO FILE A SUPPLEMENTAL BRIEF WAS DENIED BY THE AUTHORITY IN AN ORDER DATED MAY 18, 1982. THE AUTHORITY DENIED GENERAL COUNSEL'S REQUEST FOR REVIEW OF THAT ORDER ON JULY 7, 1982. /2/ SEE ALSO U.S. DEPARTMENT OF THE ARMY, 94TH U.S. ARMY RESERVE COMMAND, HANSCOM AIR FORCE BASE, MASSACHUSETTS, 8 FLRA NO. 13 (1982).