Internal Revenue Service, Jacksonville District, Jacksonville, Florida (Respondent) and National Treasury Employee Union (Complainant) 




[ v01 p350 ]
01:0350(44)CA
The decision of the Authority follows:


 1 FLRA No. 44
 
 INTERNAL REVENUE SERVICE,
 JACKSONVILLE DISTRICT,
 JACKSONVILLE, FLORIDA
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Complainant
 
                                            Assistant Secretary
                                            Case No. 42-4382(CA)
 
                            DECISION AND ORDER
 
    ON JANUARY 11, 1979, ADMINISTRATIVE LAW JUDGE BURTON S. STERNBURG
 ISSUED HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED
 PROCEEDING, FINDING THAT THE RESPONDENT HAD ENGAGED IN THE UNFAIR LABOR
 PRACTICES ALLEGED IN THE COMPLAINT AND RECOMMENDING THAT IT CEASE AND
 DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTIONS AS SET FORTH IN
 THE ATTACHED ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER.
 NO EXCEPTIONS WERE FILED TO THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED
 DECISION AND ORDER.
 
    THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
 LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED WERE
 TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
 NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
 IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S TRANSITION RULES AND
 REGULATIONS (44 F.R. 7).  THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR
 THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215).
 
    THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S TRANSITION
 RULES AND REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY
 HAS REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE
 HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS
 ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE ADMINISTRATIVE LAW
 JUDGE'S RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THIS
 CASE, AND NOTING PARTICULARLY THAT NO EXCEPTIONS WERE FILED, THE
 AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS,
 CONCLUSIONS AND RECOMMENDATION.  /1/
 
                                 ORDER /2/
 
    PURSUANT TO SECTION 2400.2 OF THE TRANSITION RULES AND REGULATIONS OF
 THE FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE INTERNAL REVENUE SERVICE, JACKSONVILLE DISTRICT, JACKSONVILLE,
 FLORIDA, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) REFUSING TO PERMIT THE NATIONAL TREASURY EMPLOYEES UNION ACCESS
 TO SUCH DOCUMENTS AND
 
    MATERIALS AS ARE NECESSARY AND RELEVANT TO THE NATIONAL TREASURY
 EMPLOYEES UNION'S PROCESSING
 
    OF A GRIEVANCE REGARDING THE SELECTION PROCESS FOR THE GROUP CLERK
 GS-322-4, OFFICE AUDIT
 
    VACANCY FOR WHICH VACANCY ANNOUNCEMENT 77-119 WAS POSTED.
 
    (B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN
 
    THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE ORDER 11491, AS
 AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) UPON REQUEST, PERMIT THE NATIONAL TREASURY EMPLOYEES UNION ACCESS
 TO SUCH DOCUMENTS AND
 
    MATERIALS AS ARE NECESSARY AND RELEVANT TO THE NATIONAL TREASURY
 EMPLOYEES UNION'S PROCESSING
 
    OF A GRIEVANCE REGARDING THE SELECTION PROCESS FOR THE GROUP CLERK
 GS-322-4, OFFICE AUDIT
 
    VACANCY FOR WHICH VACANCY ANNOUNCEMENT 77-119 WAS POSTED.
 
    (B) POST AT ITS FACILITY AT THE INTERNAL REVENUE SERVICE,
 JACKSONVILLE DISTRICT OFFICE,
 
    JACKSONVILLE, FLORIDA, COPIES OF THE ATTACHED NOTICE MARKED
 "APPENDIX" ON FORMS TO BE
 
    FURNISHED BY THE FEDERAL LABOR RELATIONS AUTHORITY.  UPON RECEIPT OF
 SUCH FORMS, THEY SHALL BE
 
    SIGNED BY THE DISTRICT DIRECTOR, INTERNAL REVENUE SERVICE,
 JACKSONVILLE DISTRICT,
 
    JACKSONVILLE, FLORIDA, AND SHALL BE POSTED AND MAINTAINED BY HIM FOR
 60 CONSECUTIVE DAYS
 
    THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICES
 TO EMPLOYEES ARE
 
    CUSTOMARILY POSTED.  THE DISTRICT DIRECTOR SHALL TAKE STEPS TO INSURE
 THAT THE NOTICES ARE NOT
 
    ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (C) NOTIFY THE FEDERAL LABOR RELATIONS AUTHORITY, IN WRITING, WITHIN
 30 DAYS FROM THE DATE
 
    OF THIS ORDER AS TO WHAT STEPS HAVE BEEN TAKEN TO COMPLY HEREWITH.
 
    ISSUED, WASHINGTON, D.C., MAY 21, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
        NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF
 
           THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO
 
          EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE
 
            UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
 
                                 RELATIONS
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT REFUSE TO PERMIT THE NATIONAL TREASURY EMPLOYEES UNION
 ACCESS TO SUCH DOCUMENTS AND MATERIALS AS ARE NECESSARY AND RELEVANT TO
 THE NATIONAL TREASURY EMPLOYEES UNION'S PROCESSING OF A GRIEVANCE
 REGARDING THE SELECTION PROCESS FOR THE GROUP CLERK GS-322-4, OFFICE
 AUDIT VACANCY FOR WHICH VACANCY ANNOUNCEMENT 77-119 WAS POSTED.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE
 ORDER 11491, AS AMENDED.
 
    WE WILL, UPON REQUEST, PERMIT THE NATIONAL TREASURY EMPLOYEES UNION
 ACCESS TO SUCH DOCUMENTS AND MATERIALS AS ARE NECESSARY AND RELEVANT TO
 THE NATIONAL TREASURY EMPLOYEES UNION'S PROCESSING OF A GRIEVANCE
 REGARDING THE SELECTION PROCESS FOR THE GROUP CLERK GS-322-4, OFFICE
 AUDIT VACANCY FOR WHICH VACANCY ANNOUNCEMENT 77-119 WAS POSTED.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  BY:  (SIGNATURE)
 
    THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
 OF POSTING, AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER
 MATERIALS.
 
    IF ANY EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR
 COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY
 WITH THE REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY,
 WHOSE ADDRESS IS:  SUITE 540, 1365 PEACHTREE STREET, N.E., ATLANTA,
 GEORGIA 30309.
 
    HARRY MASON, ESQUIRE
 
    STAFF ASSISTANT TO THE
 
    REGIONAL COUNSEL
 
    INTERNAL REVENUE SERVICE
 
    P.O. BOX 1074
 
    ATLANTA, GEORGIA 30301
 
                            FOR THE RESPONDENT
 
    WILLIAM HARNESS, ESQUIRE
 
    ASSOCIATE GENERAL COUNSEL
 
    NATIONAL TREASURY EMPLOYEES UNION
 
    SUITE 530
 
    2801 BUFORD HIGHWAY
 
    ATLANTA, GEORGIA 30329
 
                            FOR THE COMPLAINANT
 
    BEFORE:  BURTON S. STERNBURG
 
                         ADMINISTRATIVE LAW JUDGE
 
                           CASE NO. 42-4382(CA)
 
                            DECISION AND ORDER
 
                           STATEMENT OF THE CASE
 
    PURSUANT TO A COMPLAINT FILED ON JUNE 22, 1978, UNDER EXECUTIVE ORDER
 11491, AS AMENDED, BY THE NATIONAL TREASURY EMPLOYEES UNION (HEREINAFTER
 CALLED THE NTEU OR UNION) AGAINST THE INTERNAL REVENUE SERVICE,
 JACKSONVILLE DISTRICT, (HEREINAFTER CALLED THE RESPONDENT OR ACTIVITY),
 A NOTICE OF HEARING ON COMPLAINT WAS ISSUED BY THE ACTING REGIONAL
 ADMINISTRATOR FOR THE ATLANTA, GEORGIA REGION ON AUGUST 25, 1978.
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTIONS 19(A)(1)
 AND (6) OF THE EXECUTIVE ORDER BY VIRTUE OF ITS ACTIONS IN REFUSING TO
 MAKE AVAILABLE TO UNION REPRESENTATIVES EVALUATION MATERIAL PERTAINING
 TO VARIOUS CANDIDATES CONSIDERED IN CONNECTION WITH A PARTICULAR
 "VACANCY ANNOUNCEMENT".  THE EVALUATION MATERIAL WAS SOUGHT BY THE UNION
 IN ITS CAPACITY AS REPRESENTATIVE OF A NON-SELECTED EMPLOYEE IN A
 GRIEVANCE PROCEEDING PERTAINING TO THE VACANCY ANNOUNCEMENT.
 
    A HEARING WAS HELD IN THE CAPTIONED MATTER ON NOVEMBER 8, 1978, IN
 TAMPA, FLORIDA.  ALL PARTIES WERE AFFORDED FULL OPPORTUNITY TO BE HEARD,
 TO EXAMINE AND CROSS-EXAMINE WITNESSES, AND TO INTRODUCE EVIDENCE
 BEARING ON THE ISSUES INVOLVED HEREIN.  /3/
 
    UPON THE BASIS OF THE ENTIRE RECORD, INCLUDING MY OBSERVATIONS OF THE
 WITNESSES AND THEIR DEMEANOR, I MAKE THE FOLLOWING FINDINGS OF FACT,
 CONCLUSIONS AND RECOMMENDATIONS.
 
                             FINDINGS OF FACTS
 
    THE UNION IS THE EXCLUSIVE REPRESENTATIVE OF THE PROFESSIONAL AND
 NON-PROFESSIONAL EMPLOYEES AT RESPONDENT'S JACKSONVILLE, FLORIDA
 DISTRICT.
 
    ON AUGUST 29, 1977, VACANCY ANNOUNCEMENT 77-119 FOR THE POSITION OF
 GROUP CLERK GS-322-4, OFFICE AUDIT, ST. PETERSBURG POST-OF-DUTY,
 JACKSONVILLE DISTRICT, WAS ADVERTISED BY THE RESPONDENT UNDER THE UPWARD
 MOBILITY PROGRAM.  LURA B. COLANGELO, SUPPORT CLERK GS-322-3, A MEMBER
 OF THE BARGAINING UNIT, APPLIED FOR THE POSITION ON AUGUST 29, 1977, THE
 SAME DAY THAT THE ANNOUNCEMENT OF THE VACANCY WAS MADE.
 
    ON OCTOBER 3, 1977, MS. COLANGELO WAS NOTIFIED BY RESPONDENT THAT A
 PERSON OUTSIDE THE INTERNAL REVENUE SERVICE HAD BEEN SELECTED FOR THE
 POSITION.  ON OCTOBER 7, 1977, MS. COLANGELO FILED A GRIEVANCE ALLEGING,
 AMONG OTHER THINGS, THAT THE RESPONDENT HAD VIOLATED ARTICLE 7, SECTION
 2C OF THE COLLECTIVE BARGAINING AGREEMENT IN EFFECT BETWEEN THE UNION
 AND THE RESPONDENT.  ARTICLE 7, SECTION 2C READS IN PERTINENT PART AS
 FOLLOWS:
 
    WHEN FILLING A POSITION WHERE BARGAINING UNIT EMPLOYEES COMPETE WITH
 OTHER APPLICANTS
 
    . . . . THE EMPLOYER AGREES THAT A BARGAINING UNIT EMPLOYEE WILL BE
 SELECTED IF HE/SHE IS AS
 
    WELL QUALIFIED FOR THE VACANT POSITION AS THE OTHER APPLICANT.
 
    DURING THE SECOND STEP GRIEVANCE MEETING WITH MS. COLANGELO'S BRANCH
 CHIEF, THE UNION MADE A VERBAL REQUEST FOR THE EVALUATION MATERIAL
 PERTAINING TO ALL THE OTHER APPLICANTS FOR THE VACANCY.  /4/ IN
 ACCORDANCE WITH INSTRUCTIONS, A WRITTEN REQUEST FOR THE EVALUATION
 MATERIAL WAS SUBMITTED ON NOVEMBER 18, 1977.
 
    BY MEMORANDUM DATED DECEMBER 2, 1977, RESPONDENT DENIED THE REQUEST
 FOR THE EVALUATION MATERIAL.  THE MEMORANDUM READS AS FOLLOWS:
 
    YOUR REQUEST FOR EVALUATIVE MATERIAL REGARDING VACANCY ANNOUNCEMENT
 77-119 CANNOT BE
 
    COMPLIED WITH.  THE FEW NUMBER OF CANDIDATES WHO APPLIED FOR THIS
 POSITION PRECLUDES
 
    SANITIZING THE FILES SO THAT THE IDENTITY OF AN INDIVIDUAL CANDIDATE
 CAN BE PROTECTED.  WE ARE
 
    PROVIDING YOUR FILE, INCLUDING THE RANKING OFFICIAL'S SCORE AND
 NARRATIVE.
 
    ACCORDING TO MISS DOROTHY KALLAHER, RESPONDENT'S LABOR-MANAGEMENT
 EMPLOYEE RELATIONS SPECIALIST, IN VIEW OF THE FACT THAT THERE WERE JUST
 THREE CANDIDATES, ONLY ONE OF WHOM HAD ACHIEVED THE CUTOFF SCORE
 APPEARING ON THE PROMOTION CERTIFICATE, THERE WAS NO WAY TO SANITIZE THE
 EVALUATION MATERIAL SO THAT THE IDENTITIES OF THE CANDIDATES COULD NOT
 BE DETERMINED.  ADDITIONALLY, SANITIZING WAS FURTHER COMPLICATED BY THE
 FACT THAT THE EVALUATION FORM USED FOR THE SELECTED CANDIDATE WAS
 DIFFERENT THAN THE EVALUATION FORM CUSTOMARILY USED FOR IRS CANDIDATES
 FOR PROMOTION.  EVALUATION FORMS USED FOR CANDIDATES OUTSIDE THE AGENCY,
 SUCH AS THE CANDIDATE SELECTED, WERE OF A DIFFERENT FORMAT AND CONTAINED
 MORE CATEGORIES.
 
                        DISCUSSION AND CONCLUSIONS
 
    IN INTERNAL REVENUE SERVICE, CHICAGO DISTRICT OFFICE, A/SLMR NO.
 1004, THE ASSISTANT SECRETARY CONSIDERED A FACTUAL SITUATION IDENTICAL
 TO THE ONE PRESENTED HEREIN, I.E., REQUEST FOR THE EVALUATION MATERIALS
 UTILIZED IN SELECTING ONE OF THREE CANDIDATES FOR PROMOTION TO A VACANCY
 AND DENIAL ON THE BASIS THAT "SANITIZATION WOULD NOT PROTECT THE PRIVACY
 OF THE SELECTED CANDIDATE".  IN FINDING A 19(A)(1) AND (6) VIOLATION
 PREDICATED UPON THE RESPONDENT'S REFUSAL TO SUPPLY THE EVALUATION
 MATERIALS WHICH WERE DEEMED TO BE RELEVANT TO THE RESOLUTION OF A
 GRIEVANCE CONCERNING THE SELECTION, THE ASSISTANT SECRETARY STATED:
 
    IN DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, MILWAUKEE,
 WISCONSIN, A/SLMR
 
    NO. 974(1978), I FOUND THAT AN EMPLOYEE'S RIGHT TO PRIVACY OF HIS
 RECORDS MUST BE BALANCED
 
    AGAINST THE CONFLICTING RIGHTS IN EACH CASE.  AND WHERE, AS HERE, THE
 CONFLICTING RIGHTS ARE
 
    BROAD AND INVOLVED THE PARAMOUNT PUBLIC INTEREST OF AN EXCLUSIVE
 REPRESENTATIVE'S RIGHT TO
 
    ADEQUATELY PERFORM ITS REPRESENTATIONAL FUNCTIONS, OF HAVING THE
 FEDERAL GOVERNMENT OPERATE
 
    WITHIN ITS MERIT PROMOTION SYSTEM EQUITABLY, AND OF ENCOURAGING THE
 USE OF NONDISRUPTIVE
 
    GRIEVANCE PROCEDURES, I HAVE DETERMINED THAT THE MERE IDENTIFICATION
 OF THE SUBJECT OF CERTAIN
 
    DOCUMENTS IS NOT A VIOLATION OF PRIVACY SO SIGNIFICANT AS TO BAR
 DISCLOSURE OF THE MATERIAL
 
    AND THAT THE IDENTIFIED EMPLOYEE(S) WOULD STILL HAVE THE RIGHT TO
 HAVE THE DOCUMENTS SANITIZED
 
    SO AS TO OMIT ANY SENSITIVE OR DAMAGING PERSONAL MATERIAL.
 
    IN VIEW OF THE FOREGOING AND INASMUCH AS THE FACTS OF THE INSTANT
 CASE ARE VIRTUALLY IDENTICAL TO THOSE CONSIDERED BY THE ASSISTANT
 SECRETARY IN IRS, CHICAGO DISTRICT OFFICE, SUPRA, I HAVE NO CHOICE BUT
 TO FIND THAT THE RESPONDENT HEREIN VIOLATED SECTIONS 19(A)(1) AND (6) OF
 THE ORDER BY VIRTUE OF ITS ACTIONS IN REFUSING TO SUPPLY THE EVALUATION
 MATERIALS REQUESTED BY THE UNION.  /5/
 
                                   ORDER
 
    PURSUANT TO SECTION 6(B) OF EXECUTIVE ORDER 11491, AS AMENDED, AND
 SECTION 203.26(B) OF THE REGULATIONS, THE FEDERAL LABOR RELATIONS
 AUTHORITY HEREBY ORDERS THAT THE INTERNAL REVENUE SERVICE, JACKSONVILLE
 DISTRICT, JACKSONVILLE, FLORIDA SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) REFUSING TO PERMIT THE NATIONAL TREASURY EMPLOYEES UNION, ACCESS
 TO SUCH DOCUMENTS AND
 
    MATERIALS AS ARE NECESSARY AND RELEVANT TO THE NATIONAL TREASURY
 EMPLOYEES UNION'S PROCESSING
 
    OF A GRIEVANCE REGARDING THE SELECTION PROCESS FOR THE GROUP CLERK
 GS-322-4, OFFICE AUDIT
 
    VACANCY FOR WHICH VACANCY ANNOUNCEMENT 77-119 WAS POSTED.
 
    (B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN
 
    THE EXERCISE OF THEIR RIGHTS ASSURED BY EXECUTIVE ORDER 11491, AS
 AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED:
 
    (A) UPON REQUEST, PERMIT THE NATIONAL TREASURY EMPLOYEES UNION,
 ACCESS TO SUCH DOCUMENTS
 
    AND MATERIALS AS ARE NECESSARY AND RELEVANT TO THE NATIONAL TREASURY
 EMPLOYEES UNION'S
 
    PROCESSING OF A GRIEVANCE REGARDING THE SELECTION PROCESS FOR THE
 GROUP CLERK GS-322-4, OFFICE
 
    AUDIT VACANCY FOR WHICH VACANCY ANNOUNCEMENT 77-119 WAS POSTED.
 
    (B) POST AT ITS FACILITY AT THE INTERNAL REVENUE SERVICE,
 JACKSONVILLE DISTRICT OFFICE,
 
    JACKSONVILLE, FLORIDA, COPIES OF THE ATTACHED NOTICE MARKED
 "APPENDIX" ON FORMS TO BE
 
    FURNISHED BY THE FEDERAL LABOR RELATIONS AUTHORITY.  UPON RECEIPT OF
 SUCH FORMS, THEY SHALL BE
 
    SIGNED BY THE DISTRICT DIRECTOR, INTERNAL REVENUE SERVICE,
 JACKSONVILLE DISTRICT,
 
    JACKSONVILLE, FLORIDA, AND SHALL BE POSTED AND MAINTAINED BY HIM FOR
 60 CONSECUTIVE DAYS
 
    THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICE
 TO EMPLOYEES ARE
 
    CUSTOMARILY POSTED.  THE DISTRICT DIRECTOR SHALL TAKE STEPS TO INSURE
 THAT THE NOTICES ARE NOT
 
    ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (C) PURSUANT TO SECTION 203.27 OF THE REGULATIONS, NOTIFY THE FEDERAL
 LABOR RELATIONS
 
    AUTHORITY, IN WRITING, WITHIN 30 DAYS FROM THE DATE OF THIS ORDER AS
 TO WHAT STEPS HAVE BEEN
 
    TAKEN TO COMPLY HEREWITH.
 
                            BURTON S. STERNBURG
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  JANUARY 11, 1979
 
    WASHINGTON, D.C.
 
    BSS:HJC
 
                                 APPENDIX
 
                          NOTICE TO ALL EMPLOYEES
 
           PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 
            RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
 
               POLICIES OF EXECUTIVE ORDER 11491, AS AMENDED
 
             LABOR-MANAGEMENT RELATIONS IN THE FEDERAL SERVICE
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT REFUSE TO PERMIT THE NATIONAL TREASURY EMPLOYEES UNION,
 ACCESS TO SUCH DOCUMENTS AND MATERIALS AS ARE NECESSARY AND RELEVANT TO
 THE NATIONAL T