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OFFICE OF THE GENERAL COUNSEL
The General Counsel of the Federal Labor Relations Authority investigates unfair labor practice (ULP) charges and files and prosecutes ULP complaints.
OFFICIAL TIME
At one time treated as a term of art created by 5 USC 7131, involving paid time for employees serving as union representatives. However, in 39 FLRA No. 44 the Authority said the following:
"[Section 7131(d) relates only to the granting of official time in connection with labor- management relations activities ... However,... section 7131(d) does not preclude parties to a collective bargaining agreement from agreeing to provide official time [sic] for other matters; that is, matters other than those relating to labor-management relations activities... Consistent with an agency's broad discretion to grant paid time in a variety of circumstances, parties may agree in their collective bargaining agreements to provide official time for other matters ... To the extent that earlier Authority decisions suggest that all collective bargaining agreement provisions dealing with official time must relate solely to labor-management relations activities, they will no longer be followed."
Under 5 USC 7131(a), union negotiators (no more than the number of management negotiators) who also are unit employees are statutorily entitled to official time to negotiate agreements (but not to travel and per diem - see BATF v. FLRA, 104 S.Ct. 439 (1983)). 5 USC 7131(b) prohibits use of official time for the performance of internal union business. 5 USC 7131(c) provides for official time for employees "participating for, or on behalf of, a labor organization" in FLRA proceedings. See, e.g., 47 FLRA No. 48. And 5 USC 7131(d) allows the parties to negotiate the amount of official time that shall be granted to specified union representatives for the performance of specified representational functions.
