B-156287, JAN. 28, 1966, 45 COMP. GEN. 454

B-156287, JAN. 28, 1966, 45 COMP. GEN. 454

UNIONS - FEDERAL SERVICE - EMPLOYEE EXPENSE REIMBURSEMENT TRAVEL OF REPRESENTATIVES OF EMPLOYEES ORGANIZATIONS AND COMMITTEES TO MEETINGS HELD IN CONNECTION WITH IMPLEMENTATION OF SECTION 5 (B) OR 6 (B) OF EMPLOYEE-MANAGEMENT EXECUTIVE ORDER NO. 10988 OR THE WORK OF COOPERATIVE IMPROVEMENT COMMITTEES MAY NOT BE CONSIDERED AS TRAVEL OTHER THAN IN THE INTEREST OF THE EMPLOYEE ORGANIZATION REPRESENTED, EVEN THOUGH THERE MAY BE A MUTUAL GOVERNMENT AND EMPLOYEE BENEFIT, AND, THEREFORE, IN THE ABSENCE OF STATUTORY AUTHORITY THE EXPENSES OF TRAVEL OF THE EMPLOYEE REPRESENTATIVES MAY NOT BE PAID BY THE GOVERNMENT. MODIFIED BY 46 COMP. GEN.--- (B-156287, JULY 12, 1966).

TO THE SECRETARY OF AGRICULTURE, JANUARY 28, 1966:

ON DECEMBER 30, 1965, YOUR ASSISTANT SECRETARY FOR ADMINISTRATION REQUESTED OUR DECISION UPON CERTAIN QUESTIONS RELATING TO THE PAYMENT OF TRAVELING EXPENSES OF EMPLOYEES WHO ALSO ARE REPRESENTATIVES OF EMPLOYEE ORGANIZATIONS. THE SPECIFIC QUESTIONS PRESENTED ARE REITERATED AS FOLLOWS:

1) WHEN MANAGEMENT CALLS MEETINGS, EITHER UPON ITS OWN INITIATIVE OR AT THE REQUEST OF AN EMPLOYEE ORGANIZATION, PURSUANT TO SECTION 5 (B) AND 6 (B) OF EXECUTIVE ORDER 10988, AND EMPLOYEES, AS REPRESENTATIVES OF EMPLOYEE ORGANIZATIONS, ARE CALLED TO ATTEND THESE MEETINGS ON OFFICIAL TIME FOR THE PURPOSE OF CONSULTATION (NO FORMAL NEGOTIATION IS SCHEDULED AND NONE TAKES PLACE), MAY THE DEPARTMENT PAY THE TRAVEL EXPENSES OF THE EMPLOYEE ATTENDANTS OF SUCH MEETINGS?

2) WITHIN THE DEPARTMENT, SEVERAL AGREEMENTS HAVE BEEN NEGOTIATED WHICH PROVIDE FOR A COOPERATIVE IMPROVEMENT COMMITTEE OR OTHER SIMILAR GROUP, E.G., THE FOLLOWING PROVISION IS TAKEN FROM AN AGREEMENT NEGOTIATED BETWEEN THE CONSUMER AND MARKETING SERVICE OF THIS DEPARTMENT AND THE SOUTHEASTERN COUNCIL OF POULTRY INSPECTION LODGES, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AN AFFILIATE OF AFL-CIO.

THE COOPERATIVE IMPROVEMENT COMMITTEE WILL CONSIST OF ONE REPRESENTATIVE FROM EACH LODGE AFFILIATED WITH THE SOUTHEASTERN COUNCIL, AND ONE REPRESENTATIVE OF THE COUNCIL AND NOT MORE THAN THREE REPRESENTATIVES CHOSEN BY THE AREA SUPERVISOR FROM HIS STAFF. THE COMMITTEE * * * SHALL GIVEN CONSIDERATION TO SUCH MATTERS AS THE CONSERVATION OF MATERIALS, SUPPLIES AND ENERGY, IMPROVEMENT IN TECHNIQUES OF INSPECTION, THE PROMOTION OF EDUCATION AND TRAINING, THE CORRECTION OF CONDITIONS CAUSING GRIEVANCES AND MISUNDERSTANDING, THE IMPROVEMENT OF RELATIONS WITH THE PUBLIC, THE SAFEGUARDING OF HEALTH, THE PREVENTION OF HAZARDS TO LIFE AND PROPERTY, THE IMPROVEMENT OF EMPLOYMENT CONDITIONS, THE STRENGTHENING OF THE MORALE OF EMPLOYEES OF THE ATLANTIC AREA OF THE INSPECTION BRANCH, POULTRY DIVISION, BUT SHALL NOT CONSIDER OR ACT UPON GRIEVANCES OR DISPUTES.

THE COMMITTEE SHALL DEVELOP AS A GUIDING PRINCIPLE A PURPOSE TO PROVIDE FOR FAIR AND REASONABLE PRINCIPLES IN MATTERS AFFECTING WORKING CONDITIONS SUCH AS LEAVE SCHEDULING, OVERTIME, WORKING ASSIGNMENTS AND TO PROMOTE THE HIGHEST DEGREE OF EFFICIENCY AND RESPONSIBILITY IN THE PERFORMANCE OF THE WORK OF THE AGENCY OR SUBDIVISION THEREOF AND SYSTEMATIC EMPLOYEE- MANAGEMENT COOPERATION. THIS COMMITTEE HAS NO AUTHORITY TO MAKE DECISIONS AS SUCH. IT IS ADVISORY IN NATURE AND IS NOT INTENDED TO BECOME INVOLVED IN THE NEGOTIATION PROCESS. THE COMMITTEE SHALL PRESENT ITS RECOMMENDATIONS TO THE AREA SUPERVISOR IN WRITING WITH A COPY TO THE PRESIDENT OF THE COUNCIL.

MAY THE TRAVEL EXPENSES FOR THE EMPLOYEES WHO ARE REPRESENTATIVES OF THE EMPLOYEE ORGANIZATIONS BE PAID FOR THOSE WHO ATTEND MEETINGS OF THIS AND OTHER SIMILAR COMMITTEES WHEN THE MEETINGS ARE HELD ON OFFICIAL TIME AND ARE WHAT WE CONSIDER OFFICIAL DUTY?

SECTIONS 5 (B) AND 6 (B) OF EXECUTIVE ORDER NO. 10988, RESPECTIVELY, ARE AS FOLLOWS:

SEC. 5 (B) WHEN AN EMPLOYEE ORGANIZATION HAS BEEN FORMALLY RECOGNIZED, THE AGENCY, THROUGH APPROPRIATE OFFICIALS, SHALL CONSULT WITH SUCH ORGANIZATION FROM TIME TO TIME IN THE FORMULATION AND IMPLEMENTATION OF PERSONNEL POLICIES AND PRACTICES, AND MATTERS AFFECTING WORKING CONDITIONS THAT ARE OF CONCERN TO ITS MEMBERS. ANY SUCH ORGANIZATION SHALL BE ENTITLED FROM TIME TO TIME TO RAISE SUCH MATTERS FOR DISCUSSION WITH APPROPRIATE OFFICIALS AND AT ALL TIMES TO PRESENT ITS VIEWS THEREON IN WRITING. IN NO CASE, HOWEVER, SHALL AN AGENCY BE REQUIRED TO CONSULT WITH AN EMPLOYEE ORGANIZATION WHICH HAS BEEN FORMALLY RECOGNIZED WITH RESPECT TO ANY MATTER WHICH, IF THE EMPLOYEE ORGANIZATION WERE ONE ENTITLED TO EXCLUSIVE RECOGNITION, WOULD NOT BE INCLUDED WITHIN THE OBLIGATION TO MEET AND CONFER, AS DESCRIBED IN SECTION 6 (B) OF THIS ORDER.

SEC. 6 (B)WHEN AN EMPLOYEE ORGANIZATION HAS BEEN RECOGNIZED AS THE EXCLUSIVE REPRESENTATIVE OF EMPLOYEES OF AN APPROPRIATE UNIT IT SHALL BE ENTITLED TO ACT FOR AND TO NEGOTIATE AGREEMENTS COVERING ALL EMPLOYEES IN THE UNIT AND SHALL BE RESPONSIBLE FOR REPRESENTING THE INTERESTS OF ALL SUCH EMPLOYEES WITHOUT DISCRIMINATION AND WITHOUT REGARD TO EMPLOYEE ORGANIZATION MEMBERSHIP. SUCH EMPLOYEE ORGANIZATION SHALL BE GIVEN THE OPPORTUNITY TO BE REPRESENTED AT DISCUSSIONS BETWEEN MANAGEMENT AND EMPLOYEES OR EMPLOYEE REPRESENTATIVES CONCERNING GRIEVANCES, PERSONNEL POLICIES AND PRACTICES, OR OTHER MATTERS AFFECTING GENERAL WORKING CONDITIONS OF EMPLOYEES IN THE UNIT. THE AGENCY AND SUCH EMPLOYEE ORGANIZATION, THROUGH APPROPRIATE OFFICIALS AND REPRESENTATIVES, SHALL MEET AT REASONABLE TIMES AND CONFER WITH RESPECT TO PERSONNEL POLICY AND PRACTICES AND MATTERS AFFECTING WORKING CONDITIONS, SO FAR AS MAY BE APPROPRIATE SUBJECT TO LAW AND POLICY REQUIREMENTS. THIS EXTENDS TO THE NEGOTIATION OF AN AGREEMENT, OR ANY QUESTION ARISING THEREUNDER, THE DETERMINATION OF APPROPRIATE TECHNIQUES, CONSISTENT WITH THE TERMS AND PURPOSES OF THIS ORDER, TO ASSIST IN SUCH NEGOTIATION, AND THE EXECUTION OF A WRITTEN MEMORANDUM OF AGREEMENT OR UNDERSTANDING INCORPORATING ANY AGREEMENT REACHED BY THE PARTIES. IN EXERCISING AUTHORITY TO MAKE RULES AND REGULATIONS RELATING TO PERSONNEL POLICIES AND PRACTICES AND WORKING CONDITIONS, AGENCIES SHALL HAVE DUE REGARD FOR THE OBLIGATION IMPOSED BY THIS SECTION, BUT SUCH OBLIGATION SHALL NOT BE CONSTRUED TO EXTEND TO SUCH AREAS OF DISCRETION AND POLICY AS THE MISSION OF AN AGENCY, ITS BUDGET, ITS ORGANIZATION AND THE ASSIGNMENT OF ITS PERSONNEL, OR THE TECHNOLOGY OF PERFORMING ITS WORK.

CONTRARY TO THE VIEWS EXPRESSED IN THE ASSISTANT SECRETARY'S LETTER, OUR OPINION IS THAT WHEN AN EMPLOYEE PERFORMS TRAVEL FOR THE PURPOSE OF ATTENDING A MEETING OR CONSULTATION HELD IN IMPLEMENTATION OF SECTION 5 (B) OR 6 (B) OF EXECUTIVE ORDER NO. 10988 IN HIS CAPACITY AS A REPRESENTATIVE OF AN EMPLOYEE ORGANIZATION, THE PRIMARY PURPOSE OF HIS ATTENDANCE IS TO FURTHER THE INTERESTS OF THE ORGANIZATION AND ORGANIZATION MEMBERS WHOM HE REPRESENTS. WE UNDERSTAND THAT SUCH AN EMPLOYEE WOULD NOT HAVE ATTENDED THE MEETING OR CONSULTATION EXCEPT AS A REPRESENTATIVE OF THE EMPLOYEE ORGANIZATION AND IT IS DIFFICULT TO CONCLUDE THAT HIS PRIMARY PURPOSE IN ATTENDING WAS OTHER THAN TO ACCOMPLISH THE OBJECTIVES OF THE ORGANIZATION.

THE SAME PURPOSES AND OBJECTIVES ARE PRESENT IN THE CASE OF REPRESENTATIVES OF ORGANIZATIONS WHO ARE MEMBERS OF THE COOPERATIVE IMPROVEMENT COMMITTEE--- OR SIMILAR COMMITTEES--- REFERRED TO IN YOUR SECOND QUESTION. AS WE VIEW IT, THE PRIMARY RESPONSIBILITY OF THE REPRESENTATIVE OF AN EMPLOYEE ORGANIZATION WHO IS A MEMBER OF THAT COMMITTEE IS TO PERSUADE THE COMMITTEE TO ADOPT SUCH COURSES OF ACTION THAT MOST NEARLY ACCOMPLISH OR ARE MOST NEARLY CONSISTENT WITH THE OBJECTIVES OF THE ORGANIZATION HE REPRESENTS.

DESPITE THE FACT THAT THE MEETING OR CONSULTATION HELD IN FURTHERANCE OF SECTION 5 (B) OR 6 (B) OF EXECUTIVE ORDER NO. 10988 OR THE WORK OF THE COOPERATIVE IMPROVEMENT COMMITTEE--- AND OTHER SIMILAR COMMITTEES--- MAY MUTUALLY BENEFIT THE GOVERNMENT AND EMPLOYEE ORGANIZATIONS, WE ARE OF THE VIEW THAT IN THE ABSENCE OF LEGISLATION SPECIFICALLY SO AUTHORIZING, THE TRAVELING EXPENSES OF EMPLOYEE REPRESENTATIVES OF EMPLOYEE ORGANIZATIONS TRAVELING FOR PURPOSES DESCRIBED IN YOUR ASSISTANT SECRETARY'S LETTER, MAY NOT BE PAID FROM GOVERNMENT FUNDS.