B-156287, SEPTEMBER 15, 1976

B-156287, SEPTEMBER 15, 1976

B-156287; FEBRUARY 23, 1976, IMPOSED RESTRICTIONS ON USE OF OFFICIAL TIME BY EMPLOYEES FOR REPRESENTATIONAL FUNCTIONS BECAUSE OF LACK OF GUIDANCE GOVERNING SUCH PRACTICE. ON MARCH 22, 1976, THE EARLIER DECISION WAS SUSPENDED AS A RESULT OF AGENCY AND UNION CONCERNS. CIVIL SERVICE COMMISSION HAS PROPOSED GUIDELINES GOVERNING OFFICIAL TIME FOR REPRESENTATIONAL PURPOSES WHICH INCLUDE REQUIREMENTS FOR AGENCIES TO PROMULGATE REGULATIONS AND KEEP RECORDS ON EMPLOYEE OFFICIAL TIME USAGE FOR REPRESENTATION. THESE GUIDELINES WILL OBVIATE REQUIREMENT FOR FEBRUARY 23 DECISION RESTRICTIONS.

OFFICIAL TIME FOR EMPLOYEE REPRESENTATIONAL FUNCTIONS:

WE REFER TO OUR DECISION ENTITLED MATTER OF DEPARTMENT OF THE ARMY AND OVERSEAS FEDERATION OF TEACHERS-EXTENDED OFFICIAL TIME AND LEAVE WITHOUT PAY FOR UNION REPRESENTATIVES, B-156287, FEBRUARY 23, 1976, THAT RESTRICTED THE AMOUNT OF OFFICIAL TIME AN EMPLOYEE COULD BE ALLOWED TO DEVOTE TO REPRESENTATIONAL DUTIES, AND TO OUR DECISION B-156287, MARCH 22, 1976, WHEREBY WE SUSPENDED THE EFFECT OF THE EARLIER DECISION UNTIL OCTOBER 1, 1976.

OUR DECISION OF FEBRUARY 23 RESULTED FROM THE LACK OF GUIDANCE TO AGENCIES GOVERNING THE USE OF OFFICIAL TIME BY EMPLOYEES FOR REPRESENTATIONAL PURPOSES. ALTHOUGH WE HAD NO DESIRE TO REGULATE THIS AREA, WE NEVERTHELESS ATTEMPTED TO REMEDY THIS GAP BY IMPOSING CONTROLS ON THIS PRACTICE. AGENCY AND UNION OFFICIALS, HOWEVER, EXPRESSED CONCERN THAT THE IMPLEMENTATION OF OUR DECISION WOULD DISRUPT FEDERAL LABOR- MANAGEMENT RELATIONS AND REDUCE THE EFFICIENCY OF AGENCY OPERATIONS. CONSEQUENTLY, WE AGREED TO SUSPEND THE DECISION SO THAT WE COULD EXPLORE THE FEASIBILITY OF OTHER ALTERNATIVES.

IN OUR ATTEMPT TO RESOLVE THIS MATTER, WE HAVE CONFERRED WITH OFFICIALS OF THE OFFICE OF MANAGEMENT AND BUDGET, THE DEPARTMENT OF LABOR, THE CIVIL SERVICE COMMISSION, THE FEDERAL LABOR RELATIONS COUNCIL AND SEVERAL NATIONAL FEDERAL EMPLOYEE UNIONS.

A CIVIL SERVICE COMMISSION SURVEY OF PAST AGENCY EXPERIENCE REVEALED THAT IN THOSE INSTANCES IN WHICH ACTUAL TIME USED OR AUTHORIZED COULD BE DETERMINED THE MAJORITY OF FEDERAL EMPLOYEES ENGAGED IN REPRESENTATIONAL FUNCTIONS DEVOTED 25 PERCENT OR LESS OF THEIR TIME TO SUCH DUTIES. SOME WERE FOUND TO BE IN THE 25-50 PERCENT RANGE AND A LIMITED NUMBER IN EXCESS OF 50 PERCENT.

PURSUANT TO OUR REQUEST THE CIVIL SERVICE COMMISSION HAS DEVELOPED AND SUBMITTED TO OUR OFFICE A DRAFT OF PROPOSED GUIDELINES FOR USE BY THE AGENCIES. WHEN PROMULGATED, THE GUIDELINES WILL BE CONTAINED IN FEDERAL PERSONNEL MANUAL (FPM) LETTER 711- . . . , TO HEADS OF DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS, SUBJECT: GUIDANCE AND ADVICE ON THE USE OF OFFICIAL TIME FOR EMPLOYEE REPRESENTATIONAL FUNCTIONS. WE HAVE REVIEWED THE PROPOSED FPM LETTER 711- . . . AND BELIEVE THAT IT PROVIDES ADEQUATE REGULATORY CONTROLS OVER THE USE OF OFFICIAL TIME FOR REPRESENTATION PURPOSES.

THE GUIDELINES DEFINE WITH SPECIFICITY THE TERM "REPRESENTATIONAL FUNCTIONS," WHICH HERETOFORE HAS BEEN SUBJECT TO A WIDE AMOUNT OF OFFICIAL TIME IS TO BE DETERMINED BY BALANCING THE IMPACT ON EMPLOYEE PERFORMANCE AND EFFICIENCY, EFFECTIVE CONDUCT OF THE GOVERNMENT'S BUSINESS, AND RIGHTS OF EMPLOYEES TO BE REPRESENTED. IN ADDITION, THE PROPOSED FPM LETTER DIRECTS AGENCIES TO INSTITUTE RECORD-KEEPING PROCEDURES TO RECORD THE AMOUNT OF OFFICIAL TIME ACTUALLY USED BY EACH EMPLOYEE FOR REPRESENTATIONAL FUNCTIONS. AGENCIES ARE GIVEN THE RESPONSIBILITY FOR DEVELOPING POLICIES AND REGULATIONS, CONSISTENT WITH THE GUIDELINES.

IT IS OUR UNDERSTANDING THAT THE PROPOSED GUIDELINES WILL BE ISSUED BEFORE OCTOBER 1, 1976, OBVIATING THE NEED TO FOLLOW THE RESTRICTIONS IMPOSED BY THE FEBRUARY 23 DECISION.

THE AGREEMENT BETWEEN THE UNITED STATES DEPENDENT SCHOOLS, EUROPEAN AREA, AND THE OVERSEAS FEDERATION OF TEACHERS, WHICH WAS THE SUBJECT OF THE EARLIER DECISION, MAY BE IMPLEMENTED CONSISTENT WITH THIS DECISION AND THE COMMISSION'S GUIDELINES.