National Treasury Employees Union (NTEU), Chapter 202 (Respondent) and United States Department of the Treasury, Headquarters, Bureau of Government Financial Operations (Complainant) and National Treasury Employees Union (NTEU), Chapter 128 (Respondent) and United States Department of the Treasury, Headquarters, U.S. Customs Service (Complainant) and National Treasury Employees Union (NTEU), Chapter 165 (Respondent) and United States Department of the Treasury, U.S. Customs Service, Region VIII, San Francisco, California (Complainant) 

 



[ v01 p910 ]
01:0910(104)CO
The decision of the Authority follows:


 1 FLRA No. 104
 
 NATIONAL TREASURY EMPLOYEES UNION
 (NTEU), CHAPTER 202
 Respondent
 
 and
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, HEADQUARTERS, BUREAU OF
 GOVERNMENT FINANCIAL OPERATIONS
 Complainant
                                            Assistant Secretary
                                            Case No. 22-09079(CO)
 
 
 NATIONAL TREASURY EMPLOYEES UNION
 (NTEU), CHAPTER 128
 Respondent
 
 and
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, HEADQUARTERS, U.S. CUSTOMS
 SERVICE
 Complainant
                                            Assistant Secretary
                                            Case No. 22-09102(CO)
 
 
 NATIONAL TREASURY EMPLOYEES UNION
 (NTEU), CHAPTER 165
 Respondent
 
 and
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, U.S. CUSTOMS SERVICE,
 REGION VIII, SAN FRANCISCO, CALIFORNIA
 Complainant
                                            Assistant Secretary
                                            Case No. 70-6446(CO)
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO REGIONAL
 ADMINISTRATOR HILARY M. SHEPLEY'S ORDER TRANSFERRING CASE TO THE
 ASSISTANT SECRETARY OF LABOR DATED DECEMBER 28, 1978, IN ACCORDANCE WITH
 SECTION 206.5 OF THE ASSISTANT SECRETARY'S REGULATIONS.
 
    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 RULES AND REGULATIONS
 (44 F.R. 44741, JULY 30, 1979).  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 RULES AND
 REGULATIONS AND SECTION 7135(B) OF THE STATUTE, AND UPON CONSIDERATION
 OF THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE PARTIES'
 STIPULATION OF FACTS, ACCOMPANYING EXHIBITS, AND BRIEFS OF THE NATIONAL
 TREASURY EMPLOYEES' UNION (NTEU), THE BUREAU OF GOVERNMENT FINANCIAL
 OPERATIONS (BGFO) AND THE U.S. CUSTOMS SERVICE, THE AUTHORITY FINDS:
 
    ALL THE COMPLAINTS HEREIN ALLEGE ESSENTIALLY THAT THE RESPONDENTS,
 NTEU CHAPTERS 202, 128, AND 165 VIOLATED SECTION 19(B)(1) OF THE ORDER
 BY PROMULGATING POLICIES WHICH AFFORD ONLY NTEU MEMBERS IN THE
 RESPECTIVE UNITS OF EXCLUSIVE RECOGNITION REPRESENTATION BY ATTORNEYS IN
 CERTAIN WORK-RELATED SITUATIONS WHEREAS NON-UNION MEMBERS IN THE UNITS
 WOULD RECEIVE REPRESENTATION ONLY BY NON-ATTORNEYS.
 
    THE PARTIES HAVE ENTERED INTO A "STIPULATION OF FACT" IN LIEU OF A
 HEARING.  HOWEVER, THE NTEU ALLEGES THAT THE COMPLAINANTS LACK STANDING
 TO FILE THE COMPLAINTS BECAUSE, IN ESSENCE, THEY DO NOT HAVE A STAKE IN
 THE OUTCOME OF THE CASE.  THE UNDISPUTED FACTS, AS STIPULATED BY THE
 PARTIES (THE NTEU NATIONAL FILING IN BEHALF OF ITSELF AND THE RESPECTIVE
 RESPONDENT LOCALS), ARE AS FOLLOWS:
 
    (1) IN CASE NO. 22-09079(CO), THE BGFO ALLEGES THAT NTEU CHAPTER 202
 VIOLATED SECTION 19(B)(1) WHEN, ON JANUARY 2, 1978, ITS REPRESENTATIVES
 PUBLISHED AND DISTRIBUTED TO BARGAINING UNIT EMPLOYEES IN THE FIVE
 BUILDINGS OCCUPIED BY BGFO EMPLOYEES A PUBLICATION ENTITLED BGFO NTEU
 CHAPTER 202 NEWSLETTER, VOL. 1, NO. 2, JANUARY 1978.  IN THAT
 PUBLICATION, UNDER MEMBERSHIP SERVICES, THE NTEU CHAPTER 202 STATED
 THAT:
 
    NON-MEMBERS WILL NOT GET LEGAL ASSISTANCE, NOR WILL PEOPLE WHO TRY TO
 JOIN THE SAME DAY
 
    THEY LEARN THAT THEY NEED HELP.  IN THOSE CASES IT IS NATIONAL NTEU
 POLICY TO USE SHOP
 
    STEWARDS ONLY . . . A NATIONAL OFFICE LAWYER WILL NOT BE PROVIDED.
 
    AT AND SINCE THE TIME OF THE INCIDENT GIVING RISE TO THE INSTANT
 COMPLAINT, THE NTEU CHAPTER 202 WAS THE EXCLUSIVE REPRESENTATIVE OF A
 SINGLE BARGAINING UNIT OF NON-PROFESSIONAL EMPLOYEES LOCATED AT THE
 BGFO.  ALTHOUGH THERE WAS NO NEGOTIATED AGREEMENT BETWEEN THE PARTIES,
 THERE WAS AN INTERIM AGREEMENT COVERING THE BGFO EMPLOYEES THAT PROVIDES
 VOLUNTARY DUES ALLOTMENTS AND A BARGAINING WAIVER.
 
    (2) IN CASE NO. 22-09102(CO), THE HEADQUARTERS, U.S. CUSTOMS SERVICE
 (CUSTOMS HEADQUARTERS) ALLEGES THAT THE NTEU CHAPTER 128, THE EXCLUSIVE
 REPRESENTATIVE OF A UNIT OF PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES
 AT THE CUSTOMS SERVICE HEADQUARTERS, VIOLATED SECTION 19(B)(1) OF THE
 ORDER WHEN IT ISSUED AND DISTRIBUTED TO UNIT EMPLOYEES THROUGHOUT
 CUSTOMS HEADQUARTERS, A PUBLICATION ENTITLED UNION TODAY, THE VOICE OF
 THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 128.  PART OF THE
 PUBLICATION PERTAINED TO THE NTEU CHAPTER 128'S PROVIDING LEGAL
 ASSISTANCE TO UNIT EMPLOYEES IN CERTAIN WORK RELATED SITUATIONS.  AMONG
 SEVERAL HYPOTHETICAL QUESTIONS AND ANSWERS WAS THE FOLLOWING WHICH THE
 CUSTOMS SERVICE ASSERTS IS VIOLATIVE OF SECTION 19(B)(1) OF THE ORDER.
 
    "I'LL BE REPRESENTED EVEN IF I DON'T JOINT"
 
    YOU ARE WRONG.  NON-MEMBERS WILL NOT GET LEGAL ASSISTANCE, NOR WILL
 PEOPLE WHO TRY TO JOIN
 
    THE SAME DAY THEY LEARN THAT THEY NEED HELP.  IN THOSE CASES, IT IS
 THE NTEU POLICY TO PROVIDE
 
    SHOP STEWARD ASSISTANCE ONLY . . . A LAWYER WILL NOT BE PROVIDED.
 
    (3) CASE NO. 70-6446(CO) INVOLVES REGION VIII OF THE U.S. CUSTOMS
 SERVICE WHICH IS HEADQUARTERED IN SAN FRANCISCO.  NTEU CHAPTER 165 WAS
 THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL NON-PROFESSIONAL EMPLOYEES
 LOCATED IN THE REGION.  ON OR ABOUT AUGUST 4, 1978, THE STAFF AND
 OFFICERS OF NTEU CHAPTER 165 ISSUED AN UNDATED NOTICE OF A UNION MEETING
 TO UNIT EMPLOYEES TO DISCUSS THE RECENTLY NEGOTIATED AGREEMENT BETWEEN
 NTEU AND REGION VIII.
 
    THE FOURTH PARAGRAPH OF THE LETTER STATES, IN PERTINENT PART:
 
    FOR NON-MEMBERS, THE CONTRACT WILL HAVE A SOMEWHAT DIFFERENT IMPACT.
 FOR THEM, IT MEANS
 
    THE FREE RIDE IS OVER.  WHILE NEGOTIATIONS WERE IN PROGRESS, THE
 UNION'S PAID EMPLOYEES TOOK A
 
    RATHER LIBERAL STANCE AND PROVIDED THEIR SERVICES TO NON-MEMBERS.
 NOW, WITH THE CONTRACT IN
 
    FORCE, THE UNION CANNOT OFFER ANY SERVICES TO NON-MEMBERS THAT ARE
 PAID FOR BY THE DUES OF THE
 
    MEMBERS.  AGAIN, THE MOST IMPORTANT OF THESE IS ARBITRATION.  THIS
 WILL NOT BE AVAILABLE TO
 
    NON-MEMBERS SINCE THE COST OF ARBITRATORS IS SHARED EQUALLY BY THE
 UNION AND
 
    MANAGEMENT.  ALSO, NON-MEMBERS WILL NOT BE ABLE TO UTILIZE THE SKILLS
 OF THE UNION ATTORNEYS
 
    WHICH COULD BE WORTH SEVERAL THOUSAND DOLLARS IN AN ADVERSE ACTION
 PROCEEDING . . .
 
    THE ABOVE-CITED NOTICE WAS DISTRIBUTED TO SOME UNIT EMPLOYEES IN
 REGION VIII HEADQUARTERS.  REGION VIII FILED A UNFAIR LABOR PRACTICE
 COMPLAINT AGAINST CHAPTER 165 ASSERTING A VIOLATION OF SECTION 19(B)(1)
 BY VIRTUE OF THE POLICY PRONOUNCEMENTS MADE IN THE UNION'S NOTICE.
 WHILE THE INVESTIGATION WAS PENDING ON THE COMPLAINT IN CASE NO.
 70-6446(CO), THE CUSTOMS SERVICE REQUESTED THAT THE REGION VIII CASE BE
 CONSOLIDATED WITH THE TWO ABOVE-NOTED CASES WHICH INVOLVED SIMILAR
 ALLEGED VIOLATIONS OF SECTION 19(B)(1).  SUBSEQUENTLY, THE PARTIES
 AGREED TO SETTLE OUT OF HEARING PART OF THE ISSUE IN CASE NO.
 70-6446(CO), /1/ AND, IN ADDITION, THE PARTIES AGREED TO AN EARLIER
 REQUEST OF THE CUSTOMS SERVICE TO CONSOLIDATE THE ISSUES IN THE REGION
 VIII CASE WITH THE SIMILAR ISSUES INVOLVED IN THE BGFO AND CUSTOMS
 HEADQUARTERS CASES AND THEY WERE SO CONSOLIDATED.
 
    IN THEIR STIPULATION, THE PARTIES ALSO STATED THEIR JOINT POSITION IN
 REGARD TO ALL THREE CASES, THAT IN THE MAJORITY OF THIRD PARTY CASES IN
 THE FEDERAL SECTOR, UNION REPRESENTATION IS GENERALLY PROVIDED BY UNION
 STEWARDS, UNION OFFICERS OF NON-ATTORNEY BUSINESS AGENTS, BUT THAT IN
 THE MAJORITY OF THIRD PARTY CASES IN THE FEDERAL SECTOR INVOLVING NTEU,
 UNION REPRESENTATION IS GENERALLY PROVIDED BY ATTORNEYS.
 
                         FINDINGS AND CONCLUSIONS
 
    UNDER THE CIRCUMSTANCES OF THIS CASE, THE AUTHORITY FINDS THAT THE
 COMPLAINANTS HEREIN COULD PROPERLY BRING THE ACTIONS IN THE RESPECTIVE
 CASES AND THAT THE NTEU'S REPRESENTATION POLICY, AS EXPRESSED IN EACH OF
 THE THREE PUBLICATIONS NOTED ABOVE, IS VIOLATIVE OF SECTION 19(B)(1) OF
 THE ORDER.  IN THIS REGARD, THE AUTHORITY NOTES FIRST THAT UNDER SECTION
 1(A) OF THE ORDER EMPLOYEES HAVE THE RIGHT "TO FORM, JOIN, AND ASSIST A
 LABOR ORGANIZATION OR TO REFRAIN FROM SUCH ACTIVITY" AND TO BE PROTECTED
 IN THE EXERCISE OF THAT RIGHT;  AND THAT AN AGENCY SHALL TAKE ACTION TO
 BOTH APPRISE EMPLOYEES OF THEIR RIGHTS AND TO ASSURE THAT "NO
 INTERFERENCE, RESTRAINT, COERCION OR DISCRIMINATION IS PRACTICED WITHIN
 THE AGENCY TO ENCOURAGE OR DISCOURAGE MEMBERSHIP IN A LABOR
 ORGANIZATION." /2/ NOTING THAT AN AGENCY'S OR ACTIVITY'S FAILURE TO
 FULFILL ITS OBLIGATIONS UNDER SECTION 1(A) MIGHT, IN CERTAIN
 CIRCUMSTANCES, RESULT IN AGENCY RESPONSIBILITY FOR AN UNFAIR LABOR
 PRACTICE UNDER SECTION 19(A) OF THE ORDER, IT IS THE AUTHORITY'S VIEW
 THAT THE AGENCY OR ACTIVITY HAS SUFFICIENT INTEREST, UPON BEING MADE
 AWARE OF THE UNIONS ALLEGED DISPARATE TREATMENT OF UNIT EMPLOYEES, TO
 FILE A COMPLAINT IN THE MATTER.  ACCORDINGLY, THE AUTHORITY FINDS THAT
 THE COMPLAINANTS HEREIN HAVE STANDING TO, AND COULD PROPERLY, BRING THE
 RESPECTIVE UNFAIR LABOR PRACTICE COMPLAINTS.
 
    SECONDLY, THE AUTHORITY FINDS THAT THE THREE ABOVE-NOTED
 COMMUNICATIONS CONCERNING REPRESENTATION OF UNIT EMPLOYEES CONSTITUTE
 VIOLATIONS OF SECTION 19(B)(1) OF THE ORDER AS THEY, IN EACH INSTANCE,
 ESTABLISHED A POLICY OF DISPARATE TREATMENT AMONG EMPLOYEES IN THE
 EXCLUSIVELY RECOGNIZED UNITS, BASED SOLELY UPON UNION MEMBERSHIP.  THUS,
 THE NATURE OF THE REPRESENTATION PROVIDED BY THE EXCLUSIVE
 REPRESENTATIVE IS BASED UPON NEITHER THE MERITS OF THE INDIVIDUAL
 SITUATION NOR THE SKILLS OF THE INDIVIDUAL REPRESENTATIVE SELECTED TO
 REPRESENT THE UNIT EMPLOYEES.  /3/ SUCH CONDUCT IS INCONSISTENT WITH THE
 NTEU'S OBLIGATION TO REPRESENT "THE INTERESTS OF ALL EMPLOYEES IN THE
 UNIT WITHOUT DISCRIMINATION AND WITHOUT REGARD TO LABOR ORGANIZATION
 MEMBERSHIP" AS REQUIRED BY SECTION 10(E) OF THE ORDER AND IMPROPERLY
 INTERFERES WITH, RESTRAINS, AND COERCES NON-UNION EMPLOYEES IN THE
 EXERCISE OF THEIR RIGHT TO REFRAIN FROM JOINING THE NTEU.  ACCORDINGLY,
 THE AUTHORITY CONCLUDES THAT THE NTEU'S REPRESENTATION POLICY AS
 EXPRESSED IN THE THREE PUBLICATIONS VIOLATES SECTION 19(B)(1) OF THE
 ORDER AND THE AUTHORITY SHALL ISSUE APPROPRIATE REMEDIAL ORDERS
 INCLUDING NOTICES TO BE SIGNED BY THE NTEU'S PRESIDENT AND THE
 PRESIDENTS OF THE RESPECTIVE LOCALS.  /4/
 
                                   ORDER
 
    PURSUANT TO SECTION 2400.2 OF THE 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 NATIONAL TREASURY EMPLOYEES UNION AND THE NATIONAL EMPLOYEES
 UNION, CHAPTERS 128, 165 AND 202 SHALL:  /5/
 
    1.  CEASE AND DESIST FROM:
 
    (A) AFFORDING DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO
 EMPLOYEES IN UNITS OF EXCLUSIVE RECOGNITION SOLELY ON THE BASIS OF
 WHETHER OR NOT SUCH EMPLOYEES ARE MEMBERS OF THE NATIONAL TREASURY
 EMPLOYEES UNION, OR ONE OF ITS LOCALS.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OF
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION
 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE ORDER:
 
    (A) REPRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND
 WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERSHIP IN
 THE NATIONAL TREASURY EMPLOYEES UNION OR ONE OF ITS LOCALS.
 
    (B) POST AT THE LOCAL BUSINESS OFFICES OF THE NATIONAL TREASURY
 EMPLOYEES UNION, LOCAL CHAPTERS 128, 165 AND 202, RESPECTIVELY, AND AT
 ALL PLACES WHERE NOTICES TO MEMBERS AND OTHER EMPLOYEES ARE CUSTOMARILY
 POSTED, INCLUDING FACILITIES PROVIDED BY THE RESPECTIVE ACTIVITIES,
 COPIES OF THE ATTACHED NOTICES MARKED "APPENDIX A, B, AND C"
 RESPECTIVELY, ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS
 AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED, AS
 INDICATED, BY THE PRESIDENT OF THE NATIONAL TREASURY EMPLOYEES UNION AND
 BY THE PRESIDENTS OF THE RESPECTIVE NATIONAL TREASURY EMPLOYEES UNION
 LOCALS AND THEY SHALL BE POSTED AND MAINTAINED BY THE LOCAL PRESIDENTS
 FOR 60 CONSECUTIVE DAYS THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL
 PLACES WHERE NOTICES TO MEMBERS ARE CUSTOMARILY POSTED.  THE RESPECTIVE
 LOCAL PRESIDENTS SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES
 ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (C) SUBMIT THE APPROPRIATE SIGNED COPIES OF SAID NOTICE TO THE
 COMMISSIONER OF THE U.S. CUSTOMS SERVICE, WASHINGTON, D.C.,;  THE
 REGIONAL COMMISSIONER OF THE U.S.  CUSTOMS SERVICE, REGION VIII, SAN
 FRANCISCO, CALIFORNIA;  AND THE COMMISSIONER OF THE BUREAU OF GOVERNMENT
 FINANCIAL OPERATIONS, WASHINGTON, D.C., FOR POSTING IN CONSPICUOUS
 PLACES, WHERE THE RESPECTIVE UNIT EMPLOYEES ARE LOCATED, WHERE THEY
 SHALL BE MAINTAINED FOR A PERIOD OF 60 CONSECUTIVE DAYS FROM THE DATE OF
 THE POSTING.
 
    (D) 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., AUGUST 30, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                APPENDIX A
 
        NOTICE TO ALL MEMBERS AND 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 FEDERAL SERVICE LABOR-MANAGEMENT
 
             RELATIONS WE HEREBY NOTIFY OUR MEMBERS AND OTHER
 
         EMPLOYEES AT:  DEPARTMENT OF THE TREASURY, HEADQUARTERS,
 
          BUREAU OF GOVERNMENT FINANCIAL OPERATIONS, WASHINGTON,
 
                                   D.C.
 
    WE WILL NOT AFFORD DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO
 EMPLOYEES IN EXCLUSIVELY RECOGNIZED UNITS, SOLELY ON THE BASIS OF
 WHETHER OR NOT EMPLOYEES ARE MEMBERS OF THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ITS LOCAL CHAPTER.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION
 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION
 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED.
 
    WE WILL REPRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND
 WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERSHIP IN
 THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER.
 
                                  . . .
 
                           (LABOR ORGANIZATION)
 
    DATED:  . . .  BY:  . . .
 
                                 PRESIDENT
 
    DATED:  . . .  BY:  . . .
 
                  PRESIDENT, NATIONAL TREASURY EMPLOYEES
 
                                   UNION
 
    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
 MATERIAL.
 
    IF MEMBERS OR 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:  ROOM 416, VANGUARD BUILDING, P.O. BOX 19257, 1111
 20TH ST., N.W., WASHINGTON, D.C., 20036, AND WHOSE TELEPHONE NUMBER IS:
 (202) 254-6581.
 
                                APPENDIX B
 
        NOTICE TO ALL MEMBERS AND 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 FEDERAL SERVICE LABOR-MANAGEMENT
 
             RELATIONS WE HEREBY NOTIFY OUR MEMBERS AND OTHER
 
         EMPLOYEES AT:  DEPARTMENT OF THE TREASURY, HEADQUARTERS,
 
                  U.S. CUSTOMS SERVICE, WASHINGTON, D.C.
 
    WE WILL NOT AFFORD DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO
 EMPLOYEES IN EXCLUSIVELY RECOGNIZED UNITS, SOLELY ON THE BASIS OF
 WHETHER OR NOT EMPLOYEES ARE MEMBERS OF THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ITS LOCAL CHAPTER.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION
 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED.
 
    WE WILL REPRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND
 WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERSHIP IN
 THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER.
 
                                  . . .
 
                           (LABOR ORGANIZATION)
 
    DATED:  . . .  BY:  . . .
 
                                 PRESIDENT
 
    DATED:  . . .  BY:  . . .
 
                  PRESIDENT, NATIONAL TREASURY EMPLOYEES
 
                                   UNION
 
    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
 MATERIAL.
 
    IF MEMBERS OR 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:  ROOM 416, VANGUARD BUILDING, P.O. BOX 19257, 1111
 20TH ST., N.W., WASHINGTON, D.C., 20036, AND WHOSE TELEPHONE NUMBER IS:
 (202) 254-6581.
 
                                APPENDIX C
 
        NOTICE TO ALL MEMBERS AND 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 FEDERAL SERVICE LABOR-MANAGEMENT
 
             RELATIONS WE HEREBY NOTIFY OUR MEMBERS AND OTHER
 
          EMPLOYEES AT:  DEPARTMENT OF THE TREASURY, REGION VIII,
 
              U.S. CUSTOMS SERVICE, SAN FRANCISCO, CALIFORNIA
 
    WE WILL NOT AFFORD DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO
 EMPLOYEES IN EXCLUSIVELY RECOGNIZED UNITS, SOLELY ON THE BASIS OF
 WHETHER OR NOT EMPLOYEES ARE MEMBERS OF THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ITS LOCAL CHAPTER.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION
 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED.
 
    WE WILL PRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND
 WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERS IN
 THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER.
 
                                  . . .
 
                           (LABOR ORGANIZATION)
 
    DATED:  . . .  BY:  . . .
 
                                 PRESIDENT
 
    DATED:  . . .  BY:  . . .
 
                  PRESIDENT, NATIONAL TREASURY EMPLOYEES
 
                                   UNION
 
    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
 MATERIAL.
 
    IF MEMBERS OR 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:  450 GOLDEN GATE AVENUE, ROOM 11408, P.O.  BOX 36016,
 SAN FRANCISCO, CA, 94102, AND WHOSE TELEPHONE NUMBER IS:  (415)
 556-8105.
 
    /1/ THE ISSUE SETTLED OUT OF HEARING CONCERNED THE NTEU, CHAPTER
 165'S DENIAL OF ACCESS TO ARBITRATION TO NON-MEMBER UNIT EMPLOYEES.
 
    /2/ SECTION 1(A) STATES IN PERTINENT PART:
 
    EACH EMPLOYEE OF THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT HAS
 THE RIGHT, FREELY AND
 
    WITHOUT FEAR OF PENALTY OR REPRISAL, TO FORM, JOIN, AND ASSIST A
 LABOR ORGANIZATION OR TO
 
    REFRAIN FROM ANY SUCH ACTIVITY, AND EACH EMPLOYEE SHALL BE PROTECTED
 IN THE EXERCISE OF THIS
 
    RIGHT . . .  THE HEAD OF EACH AGENCY SHALL TAKE THE ACTION REQUIRED
 TO ASSURE THAT EMPLOYEES
 
    IN THE AGENCY ARE APPRISED OF THEIR RIGHTS UNDER THIS SECTION, AND
 THAT NO INTERFERENCE,
 
    RESTRAINT, COERCION, OR DISCRIMINATION IS PRACTICED WITHIN HIS AGENCY
 TO ENCOURAGE OR
 
    DISCOURAGE MEMBERSHIP IN A LABOR ORGANIZATION.
 
    /3/ THIS IS NOT TO SAY THAT REPRESENTATION BY NON-ATTORNEYS WOULD NOT
 BE AS GOOD OR BETTER THAN REPRESENTATION BY ATTORNEYS IN ANY SPECIFIC
 CASE, BUT RATHER THAT THE NTEU'S POLICY OF DISPARATE TREATMENT BASED
 SOLELY UPON UNION MEMBERSHIP IS, IN THE CIRCUMSTANCES OF THIS CASE,
 VIOLATIVE OF THE ORDER.
 
    /4/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
 OF 1978 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
 OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
  THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
 MEANING OR APPLICATION OR RELATED PROVISIONS IN THE NEW STATUTE OR THE
 RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
 UND