Association of Civilian Technicians v. Federal Labor Relations Authority

The Association of Civilian Technicians, Silver Barons Chapter (the “Union”) complains that the Nevada Air National Guard and the Nevada Army National Guard (collectively the “Agency”) failed to include a provision in the collective bargaining agreement which would allow union officers to use “official time” to lobby Congress concerning working conditions. The Federal Labor Relations Authority (“FLRA”) found that the Agency did not have to bargain over the provision because it was contrary to section 8015 of the 1996 Department of Defense (“DOD”) Appropriations Act. We uphold the FLRA’s decision and deny the petition to review.

*592 At collective bargaining, the Union sought to require the Agency to include a provision in the collective bargaining agreement which would grant official time to “Union officials when representing Federal employees by visiting, phoning, and writing to elected representatives in support of or opposition to pending or desired legislation which would impact the working conditions of employees represented by [the Union].” [ER at 7.] The Agency refused to bargain over this provision, and the Union filed an unfair labor practice charge.

The Union argues…