Internal Revenue Service, South Carolina District, A/SLMR No. 1172

 



[ v01 p817 ]
01:0817(92)AS
The decision of the Authority follows:


 1 FLRA No. 92
                                            JULY 31, 1979
 
 MR. ANTHONY D'AMATO
 DIRECTOR OF PERSONNEL
 INTERNAL REVENUE SERVICE
 WASHINGTON, D.C.  20224
 
                           RE:  INTERNAL REVENUE SERVICE, SOUTH 
                                CAROLINA DISTRICT, A/SLMR No. 1172, 
                                Case No. 0-AS-7
 
 DEAR MR. D'AMATO:
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED YOUR PETITION FOR REVIEW AND
 REQUEST FOR A STAY OF THE ASSISTANT SECRETARY'S DECISION, AND THE
 UNION'S OPPOSITION THERETO, IN THE ABOVE-ENTITLED CASE.
 
    IN THIS CASE, THE NATIONAL TREASURY EMPLOYEES UNION (THE UNION) FILED
 AN UNFAIR LABOR PRACTICE COMPLAINT ALLEGING, IN SUBSTANCE, THAT THE
 INTERNAL REVENUE SERVICE, SOUTH CAROLINA DISTRICT (THE ACTIVITY)
 VIOLATED SECTION 19()(1) AND (6) OF THE ORDER WHEN IT INTERVIEWED A
 BARGAINING UNIT EMPLOYEE, WHO WAS A POTENTIAL WITNESS IN AN UPCOMING
 ARBITRATION HEARING, WITHOUT AFFORDING THE EXCLUSIVE REPRESENTATIVE
 NOTIFICATION OF THE INTERVIEW AND AN OPPORTUNITY TO BE PRESENT.  AS
 FOUND BY THE ASSISTANT SECRETARY, THE ACTIVITY'S ATTORNEY INTERVIEWED
 THE UNIT EMPLOYEE APPROXIMATELY 1 WEEK PRIOR TO THE ARBITRATION HEARING.
  THE INTERVIEW TOOK PLACE IN THE GROUP MANAGER'S OFFICE IN THE PRESENCE
 OF THE ACTIVITY'S CHIEF OF PERSONNEL.  THE ATTORNEY QUESTIONED THE
 EMPLOYEE CONCERNING HIS KNOWLEDGE OF, AND INVOLVEMENT IN, THE EVENTS
 WHICH PRECIPIT