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56 FLRA No. 157
National Association of Government EmployeesLocal R7-51 and United States Department of the Navy, Naval Public Works Center, Great Lakes, Illinois, Case No. 0-NG-2550 (Decided November 29, 2000)
This case concerned the negotiability of a Union proposal for the Agency to deduct $2.00 for use by the Union from each paycheck of bargaining unit employees who had not joined the Union. The Authority found that the proposal was contrary to law and dismissed the petition for review.
Preliminarily, the Authority rejected the Unions contention that a section of the Agency's statement of position, which contained the bulk of the Agency's legal argument, should be precluded from Authority consideration because the Agency checked "no" in its answer to Question 11 on the standard form for Agency statements of position in negotiability cases. Question 11 inquired whether there were any other grounds on which the Agency asserted that the proposal was nonnegotiable. The Agency stated that its negative answer was a typographical error that should not preclude Authority consideration of its answer. The Authority declined the Union's request noting that it will not dismiss filings on the basis of minor deficiencies that did not impede the opposing party's ability to respond.
Under government-wide regulations, an employee may make an allotment from his or her paycheck for various specific purposes, as well as any legal purpose deemed appropriate by the head of the agency. However, an employee may only make an allotment if he or she specifically designates the allottee and the amount of the allotment. The Authority noted that because the deduction would be made without specific designation by the employee of the allottee and the amount to be deducted, the deduction would be inconsistent with 5 C.F.R. § 550.312(a).