[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Notices]
[Pages 14285-14286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6511]



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FEDERAL LABOR RELATIONS AUTHORITY


Federal Service Labor-Management Relations Statute; Collective 
Bargaining; Comment Solicitation for Policy Statement

AGENCY: Federal Labor Relations Authority.

ACTION: Notice relating to the issuance of a policy statement.

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SUMMARY: This notice solicits written comments on questions to assist 
the Authority in determining whether to issue a ruling on a major 
policy issue regarding the scope of collective bargaining under the 
Federal Service Labor-Management Relations Statute, 5 U.S.C. 7101-7135 
(1988) (the ``Statute'') and, if the Authority issues such ruling, what 
it should be.

DATES: Written comments received in the Authority's Case Control Office 
by the close of business on April 17, 1995, will be considered. 
Extensions of time will not be granted.

ADDRESSES: Send written comments to the Federal Labor Relations 
Authority, 607 14th Street, NW., Room 415, Washington, DC 20424.

FOR FURTHER INFORMATION CONTACT: Alicia N. Columna, Director, Case 
Control Office, 607 14th Street, NW., Washington, DC, 20424. Telephone: 
(202) 482-6540.

SUPPLEMENTARY INFORMATION: Joseph Swerdzewski, FLRA General Counsel, 
has requested the Authority to issue a general ruling, under 
Sec. 2429.4 of the Authority's regulations, on an issue regarding the 
relationship between subsections (a) and (b) of section 7106 of the 
Statute. Interested persons are invited to express their views in 
writing as to whether the Authority should issue the general ruling 
and, if it does, what the ruling should be.

Notice

    To Heads of Agencies, Presidents of Labor Organizations and Other 
Interested Persons:
    The General Counsel of the FLRA has requested under Sec. 2429.4 of 
the Authority's regulations (5 CFR 2429.4) that the Authority issue a 
general ruling on the following question, as stated by the General 
Counsel:

    Are matters and proposals which are within the bargaining 
subjects set forth in section 7106(b)(1) of the Statute negotiable 
at the election of agency management at the level of exclusive 
recognition even though those matters and proposals also may be 
within the subjects set forth in section 7106(a) of the Statute?

    [[Page 14286]] The General Counsel states that the request does not 
require the Authority to determine: (1) Whether there is a duty to 
bargain over matters set forth in section 7106(b)(1); or (2) the legal 
impact of Executive Order 12871 on such duty. The General Counsel 
states further that the ``existence of the mandate of Executive Order 
12871 to negotiate over subsection (b)(1) matters'' and the decision of 
the United States Court of Appeals for District of Columbia Circuit in 
Association of Civilian Technicians, Montana Air Chapter No. 29 v. 
FLRA, 22 F.3d 1150 (DC Cir. 1994), have ``rendered the relationship 
between subsections (a) and (b) a major policy issue * * *.''
    The issues before the Authority are whether a general ruling on the 
issue raised in the General Counsel's request is warranted and, if it 
is, what the ruling should be. Under Sec. 2429.4 of the Authority's 
regulations, the Authority solicits views on these matters in writing. 
Written comments received in the Authority's Case Control Office by 
close of business on Friday, April 14, 1995, will be considered.
    To assist the Authority in determining whether a general ruling on 
the issue raised by the General Counsel is warranted and, if so, what 
the ruling should be, the Authority invites comments regarding the 
following questions. In answering the questions, examples of proposals 
and matters that illustrate the views presented may be helpful.
    1. Are matters and proposals which are within the bargaining 
subjects set forth in section 7106(b)(1) of the Statute negotiable at 
the election of agency management at the level of exclusive recognition 
even though those matters and proposals also may be within the subjects 
set forth in section 7106(a) of the Statute?
    2. What is the proper meaning to be accorded the phrase in section 
7106(a) stating that it is ``[s]ubject to subsection (b),'' as it 
relates to subsection (b)(1)?
    3. What is the proper meaning to be accorded the phrase in section 
7106(b) stating that ``Nothing in this section shall preclude any 
agency and any labor organization from negotiating--''? For example, 
does it operate with respect to section 7106(b)(1) as a 
``clarification'' or a ``limitation,'' a distinction raised by the 
court in American Federation of Government Employees, Local 2782 v. 
FLRA, 702 F.2d 1183, 1186-87 (DC Cir. 1983) (dicta)?
    4. What matters or proposals, if any, within the subjects set forth 
in section 7106(b)(1) are not also within (i.e., do not also affect) 
one or more subjects set forth in section 7106(a)?
    5. Does the relationship between section 7106(a) and (b)(1) depend 
on the particular section 7106(a) subject which is affected?
    6. Does the relationship between section 7106(a) and (b)(1) depend 
on whether parties are bargaining over proposals for an agreement or 
whether an agency head is exercising authority under section 7114(c) of 
the Statute to review an agreement already reached?

    Dated: March 13, 1995.

Federal Labor Relations Authority.
Phyllis N. Segal,
Chair.
Pamela Talkin,
Member.
Tony Armendariz,
Member.
[FR Doc. 95-6511 Filed 3-15-95; 8:45 am]
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