U.S. Customs Service, Region IV, Miami, Florida (Respondent) and National Treasury Employees Union (Complainant)

 



[ v01 p943 ]
01:0943(108)CA
The decision of the Authority follows:


 1 FLRA No. 108
 
 U.S. CUSTOMS SERVICE,
 REGION IV,
 MIAMI, FLORIDA
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION
 Complainant
 
                                            Assistant Secretary
                                            Case No. 40-8733(CA)
 
                            DECISION AND ORDER
 
    ON APRIL 6, 1979, ADMINISTRATIVE LAW JUDGE GARVIN LEE OLIVER ISSUED
 HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE ENTITLED PROCEEDING,
 FINDING THAT THE RESPONDENT HAD ENGAGED IN CERTAIN UNFAIR LABOR
 PRACTICES 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.  THEREAFTER, THE RESPONDENT
 FILED EXCEPTIONS AND A SUPPORTING BRIEF WITH RESPECT 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 THE 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. 4471, 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, 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 THE -- -- -- -
 CASE, INCLUDING THE RESPONDENT'S EXCEPTIONS AND SUPPORTING BRIEF, THE
 AUTHORITY HEREBY ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS,
 CONCLUSIONS AND RECOMMENDATIONS.  /1/
 
                                   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 U.S. CUSTOMS SERVICE, REGION IV, MIAMI, FLORIDA, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) MAKING DISPARAGING OR DEMEANING REMARKS TO EMPLOYEES ABOUT THE
 NATIONAL TREASURY EMPLOYEES UNION, OR ANY OTHER LABOR ORGANIZATION.
 
    (B) DISCRIMINATING AGAINST CLARENCE DEDECKER IN ANY MANNER WITH
 REGARD TO HIRE, TENURE, PROMOTION, ASSIGNMENT 1911 OVERTIME, OR OTHER
 CONDITIONS OF EMPLOYMENT, IN ORDER TO DISCOURAGE MEMBERSHIP IN OR
 ACTIVITIES ON BEHALF OR THE NATIONAL TREASURY EMPLOYEES UNION, OR ANY
 OTHER LABOR ORGANIZATION.
 
    (C) IN ANY LIKE OF RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS 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 THE ORDER:
 
    (A) MAKE CLARENCE DEDECKER WHOLE FOR ANY LOSS OF BACK PAY OR
 DIFFERENTIAL WHICH HE WOULD HAVE EARNED FOR 1911 OVERTIME DURING THE
 PERIOD NOVEMBER 4 TO DECEMBER 27, 1977, CONSONANT WITH APPLICABLE LAW,
 REGULATIONS, AND DECISIONS OF THE COMPTROLLER GENERAL.
 
    (B) POST AT ALL U.S. CUSTOMS SERVICE, REGION IV, MIAMI, FLORIDA,
 FACILITIES AND INSTALLATIONS 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
 REGIONAL COMMISSIONER AND SHALL BE POSTED AND MAINTAINED BY HIM FOR 60
 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL
 BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE
 CUSTOMARILY POSTED.  THE REGIONAL COMMISSIONER SHALL TAKE REASONABLE
 STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED
 BY 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., SEPTEMBER 13, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                   FEDERAL LABOR RELATIONS AUTHORITY /2/
 
        NOTICE OF ALL EMPLOYEES 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 MAKE DISPARAGING REMARKS TO EMPLOYEES ABOUT THE NATIONAL
 TREASURY EMPLOYEES UNION, OR ANY OTHER LABOR ORGANIZATION.
 
    WE WILL NOT DISCRIMINATE AGAINST CLARENCE DEDECKER IN ANY MANNER WITH
 REGARD TO HIRE, TENURE, PROMOTION, ASSIGNMENT OF 1911 OVERTIME, OR OTHER
 CONDITIONS OF EMPLOYMENT, IN ORDER TO DISCOURAGE MEMBERSHIP IN OR
 ACTIVITIES ON BEHALF OF THE NATIONAL TREASURY EMPLOYEES UNION, OR ANY
 OTHER LABOR ORGANIZATION.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
 EXECUTIVE ORDER 11491, AS AMENDED.
 
    WE WILL MAKE CLARENCE DEDECKER WHOLE FOR ANY LOSS OF BACK PAY OR
 DIFFERENTIAL WHICH HE WOULD HAVE EARNED FOR 1911 OVERTIME DURING THE
 PERIOD NOVEMBER 4 TO DECEMBER 7, 1977, CONSONANT WITH APPLICABLE LAW,
 REGULATIONS, AND DECISIONS OF THE COMPTROLLER GENERAL.
 
                                  . . .
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  . . .  BY:  . . .
 
                                (SIGNATURE)
 
    THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
 OF POSTING, AND MUST BE ALTERED, DEFACED, OR COVERED BY ANY OTHER
 MATERIAL.
 
    IF EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE
 WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  SUITE 540, 1365 PEACHTREE STREET, N.E., ATLANTA, GEORGIA
 30309, AND WHOSE TELEPHONE NUMBER IS:  (404) 881-4237.
 
    MARC L. BARBAKOFF, ESQUIRE
 
    ASSISTANT REGIONAL COUNSEL
 
    OFFICE OF THE REGIONAL COUNSEL
 
    U.S. CUSTOMS SERVICE-- REGION IV
 
    99 S.E. FIFTH STREET
 
    MIAMI, FLORIDA 33131
 
                            FOR THE RESPONDENT
 
    LAWRENCE K. G. POOLE, ESQUIRE
 
    ASSISTANT COUNSEL
 
    NATIONAL TREASURY EMPLOYEES UNION
 
    SUITE 430
 
    2801 BUFORD HIGHWAY
 
    ATLANTA, GEORGIA 30329
 
                            FOR THE COMPLAINANT
 
    BEFORE:  GARVIN LEE OLIVER
 
    ADMINISTRATIVE LAW JUDGE
 
                            DECISION AND ORDER
 
                           STATEMENT OF THE CASE
 
    THIS CASE AROSE PURSUANT TO EXECUTIVE ORDER 11491, AS AMENDED, AS A
 RESULT OF AN UNFAIR LABOR PRACTICE COMPLAINT FILED ON MARCH 24, 1978,
 AND AN AMENDED COMPLAINT FILED ON JULY 3, 1978, BY THE NATIONAL TREASURY
 EMPLOYEES UNION (NTEU) (HEREINAFTER SOMETIMES CALLED THE COMPLAINANT OR
 UNION), AGAINST THE U.S. CUSTOMS SERVICE, REGION IV, MIAMI, FLORIDA
 (HEREINAFTER CALLED THE RESPONDENT OR ACTIVITY).
 
    THE AMENDED COMPLAINT ALLEGED, IN SUBSTANCE, THAT THE RESPONDENT
 VIOLATED SECTIONS 19(A)(1) AND (2) OF THE EXECUTIVE ORDER (1) WHEN
 CERTAIN DISPARAGING COMMENTS WERE MADE ABOUT THE NTEU, ON OR ABOUT
 OCTOBER 15, 1977, AND (2) BY NOT ASSIGNING THE UNION CHAPTER
 SECRETARY-TREASURER TO SPECIAL OVERTIME AFTER NOVEMBER 1977 BECAUSE OF
 HIS UNION ACTIVITIES.  THE RESPONDENT DENIED THE ALLEGATIONS.
 
    A HEARING WAS HELD IN THIS MATTER BEFORE THE UNDERSIGNED IN ATLANTA,
 GEORGIA.  BOTH PARTIES WERE REPRESENTED BY COUNSEL AND AFFORDED FULL
 OPPORTUNITY TO BE HEARD, TO ADDUCE RELEVANT EVIDENCE, AND TO EXAMINE AND
 CROSS-EXAMINE WITNESSES.  POST-HEARING BRIEFS HAVE BEEN RECEIVED FROM
 BOTH PARTIES WHICH WERE MOST HELPFUL AND DULY CONSIDERED.
 
    BASED ON THE ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, THE EXHIBITS AND OTHER RELEVANT EVIDENCE
 ADDUCED AT THE HEARING, AND THE BRIEFS, I MAKE THE FOLLOWING FINDINGS OF
 FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS.
 
                             FINDINGS OF FACT
 
    AT ALL TIMES MATERIAL HEREIN THE NATIONAL TREASURY EMPLOYEES UNION
 (NTEU) HAS BEEN THE EXCLUSIVE BARGAINING REPRESENTATIVE FOR ALL UNIT
 EMPLOYEES IN THE U.S. CUSTOMS SERVICE ATTACHED TO REGION IV, MIAMI,
 FLORIDA.  THE U.S. CUSTOMS SERVICE, PORT OF ATLANTA, IS A PART OF REGION
 IV.
 
    CLARENCE DEDECKER WAS HIRED BY THE U.S. CUSTOMS SERVICE IN JANUARY
 1973 AS A NARCOTICS DETECTOR DOGHANDLER.  AFTER ATTENDING DOGHANDLING
 SCHOOL, MR. DEDECKER WAS ASSIGNED TO THE PORT OF ATLANTA, WHICH HAD
 SIXTEEN EMPLOYEES, TWO SUPERVISORS, AND THREE PART-TIME EMPLOYEES.  (TR.
 14).  AT THIS TIME THE UNION WAS NOT ACTIVE.  (TR. 14, 15, 97, 123).
 
    FROM AT LEAST JANUARY 4, 1976 THROUGH NOVEMBER 1, 1977, MR.  DEDECKER
 REGULARLY WORKED 1911 OVERTIME ASSIGNMENTS, PERFORMING INSPECTIONAL WORK
 UNRELATED TO HIS DOG-HANDLING DUTIES.  (COMPLAINANT'S EX. 2, 3).  FOR
 THE MONTH OF OCTOBER 1977, MR.  DEDECKER EARNED APPROXIMATELY $402.00 IN
 1911 OVERTIME.  (COMPLAINANT'S EX. 3).  1911 OVERTIME IS OVERTIME
 PERFORMED BY CUSTOMS INSPECTION PERSONNEL IN ORDER TO SERVICE CARRIERS.
 THE CARRIERS ARE REQUIRED TO REIMBURSE THE GOVERNMENT FOR THE OVERTIME,
 AND THE GOVERNMENT PAYS THE INSPECTORS.  (TR. 182-183).  CUSTOMS
 INSPECTORS ARE THE FIRST PERSONNEL UTILIZED FOR 1911 OVERTIME
 ASSIGNMENTS, BUT, WHERE NECESSARY, OTHER TRAINED AND QUALIFIED
 PERSONNEL, SUCH AS MR. DEDECKER, ARE USED.
 
    IN LATE 1976, MR. DEDECKER WAS ELECTED SECRETARY-TREASURER OF CHAPTER
 177, NTEU, AND TOOK STEPS TO ACTIVATE THE UNION.  (TR. 15-16).  HE
 RECRUITED FIVE NEW MEMBERS, POSTED AND DISTRIBUTED LITERATURE, AND, AS
 PART OF A NTEU EFFORT TO PREVENT THE MERGER OF THE FEDERAL RETIREMENT
 PLAN WITH SOCIAL SECURITY, SECURED OVER 500 SIGNATURES ON A PETITION.
 (TR.  19-21).  MR. DEDECKER'S ACTIVITIES ON BEHALF OF THE UNION WERE
 GENERALLY KNOWN TO MANAGEMENT.  MR.  DEDECKER ORGANIZED THE FIRST
 GENERAL UNION MEETING ON OCTOBER 1, 1977, WHERE HIS PROPOSALS THAT THE
 UNION BUY ITS OWN BULLETIN BOARD AND SCHEDULE ANOTHER MEETING IN LATE
 OCTOBER IN WHICH THE UNION ATTORNEY SHOULD BE INVITED TO SPEAK ABOUT
 EMPLOYEES' RIGHTS, WERE APPROVED.  (TR. 16-17, 28).
 
    SHORTLY THEREAFTER, MR. DEDECKER AND CHAPTER VICE-PRESIDENT
 MARCANTONIO PURCHASED A UNION BULLETIN BOARD DURING THEIR LUNCH HOUR.
 WHEN MR. DEDECKER ASKED MR.  KENNETH A. ANDERBERG, PORT DIRECTOR, WHERE
 THE BULLETIN BOARD COULD BE PLACED, MR. ANDERBERG REPLIED, "BACK THERE
 BY THE DOG." MR. DEDECKER'S DOG WAS KEPT IN A FIRE EXIT AREA SO THAT HE
 WOULD NOT HAVE CONTACT WITH PEOPLE.  (TR. 18).  HOWEVER, IN SUBSEQUENT
 CONVERSATION CONCERNING THE PLACEMENT OF THE UNION BULLETIN BOARD, MR.
 ANDERBERG SUGGESTED THAT IT BE PLACED ON THE OPPOSITE WALL FROM THE
 OFFICE BULLETIN BOARD, AND THIS WAS ACCEPTED.  (TR. 171).
 
    IN 1971 WHAT WAS TO BECOME AN OFFICE TRADITION WAS ESTABLISHED BY
 PORT DIRECTOR ANDERBERG AND CHIEF INSPECTOR PEACOCK WHEREBY MANY OF THE
 OFFICE PERSONNEL WOULD GO TO COFFEE TOGETHER IN THE MORNING ON A REGULAR
 BASIS.  (TR. 165, 201).  THE PORT DIRECTOR, CHIEF INSPECTOR, MAIL
 TECHNICIAN, AND ANY INSPECTORS ASSIGNED TO THE DOWNTOWN OFFICE WOULD
 USUALLY ATTEND.  (TR. 23).  TESTIMONY REVEALED THAT THOSE COFFEE BREAKS
 TOOK PLACE IN A VERY INFORMAL, CONGENIAL ATMOSPHERE.  THE CONVERSATIONS
 RANGED FREELY ON SUCH TOPICS AS SPORTS, CURRENT NEWS, POLITICS, AND
 JOB-RELATED TOPICS.  THE SUBJECT OF THE UNION HAD ALSO COME UP ON
 OCCASION.  THERE WAS A FREE INTERCHANGE OF VIEWS.  (TR. 23, 80-81,
 117-118, 152, 165-166, 201, 267).
 
    ON OR ABOUT OCTOBER 15, 1977, APPROXIMATELY NINE CUSTOMS EMPLOYEES
 MET FOR THE COFFEE BREAK.  THE EMPLOYEES WERE PORT DIRECTOR ANDERBERG,
 CHIEF INSPECTOR PEACOCK, UNION PRESIDENT MCDANIEL, UNION VICE PRESIDENT
 MARCANTONIO, UNION SECRETARY-TREASURER DEDECKER, AND UNION MEMBERS
 BAXLEY, SWANN, DURYEA, AND LANGAN.  THE TESTIMONY OF SIX EMPLOYEES
 VARIES AS TO WHAT OCCURRED DURING THE COFFEE BREAK.  HOWEVER, I FIND
 FROM CREDITED PORTIONS OF THE TESTIMONY THAT THE FOLLOWING TOOK PLACE.
 THERE WERE SEVERAL CONVERSATIONS GOING ON AT THE SAME TIME AMONG THE
 NINE EMPLOYEES. MR. DEDECKER WAS DISCUSSING UNION MATTERS WITH CHAPTER
 PRESIDENT MCDANIEL.  PORT DIRECTOR ANDERBERG MADE A STATEMENT TO SOMEONE
 AT HIS END OF THE TABLE THAT HE HAD READ AN ARTICLE IN THE NEWSPAPERS TO
 THE EFFECT THAT UNION DUES WERE BEING USED GENERALLY THROUGHOUT THE
 COUNTRY TO PAY HIGH WAGES TO UNION OFFICIALS.  MR. ANDERBERG THEN
 POINTED HIS FINGER AT MR. DEDECKER AND STATED, "I'LL BET YOU DON'T KNOW
 WHAT MR. CONNERY (NTEU PRESIDENT) MAKES A YEAR," TO WHICH MR. DEDECKER
 REPLIED THAT HE DID NOT.  I FIND THAT MR. ANDERBERG DID NOT SAY, "THE
 ONLY THING THE NTEU IS GOOD FOR IS TO COLLECT YOUR DUES TO PAY THE
 EXORBITANT SALARIES OF YOUR NATIONAL OFFICERS." THERE WAS ALSO A
 CONVERSATION ABOUT THE NTEU AND THE NATIONAL CUSTOMS SERVICE ASSOCIATION
 (NCSA), THE FORMER CUSTOMS ORGANIZATION.  MR. ANDERBERG STATED THAT THE
 NTEU NEWSPAPERS ALWAYS CONCERNED NTEU'S REPRESENTATION OF INTERNAL
 REVENUE SERVICE EMPLOYEES, AND THE ONLY UNION THAT REPRESENTED CUSTOMS
 INSPECTORS WAS THE NCSA.  CHIEF INSPECTOR PEACOCK AGREED STATING THAT
 NCSA WAS THE ONLY UNION THAT FOUGHT FOR 1911 OVERTIME.  WHILE MR.
 ANDERBERG'S STATEMENTS DID NOT APPEAR TO BE MADE IN JEST, THERE WAS NO
 LULL IN THE CONVERSATION AFTER THESE COMMENTS AND THE CONVERSATION
 CONTINUED NORMALLY.
 
    A UNION MEETING FEATURING A TALK BY THE UNION ATTORNEY WAS HELD ON
 OCTOBER 29, 1977.  MR. DEDECKER, WITH THE SUPPORT OF INSPECTOR BAXLEY,
 URGED THAT THE UNION FILE AN UNFAIR LABOR PRACTICE CHARGE AGAINST PORT
 DIRECTOR ANDERBERG, BECAUSE OF MR.  ANDERBERG'S DISPARAGING COMMENTS
 ABOUT THE NTEU AT THE COFFEE BREAK.
 
    WITHIN A WEEK OF THE OCTOBER 29, 1977 MEETING, PORT DIRECTOR
 ANDERBERG AND CHIEF INSPECTOR PEACOCK STOPPED ATTENDING THE TRADITIONAL
 MORNING COFFEE BREAK WITH OTHER EMPLOYEES AND STOPPED GOING OUT TO LUNCH
 WITH EMPLOYEES.  (TR. 30-31, 105, 278).  WHEN MR.  DEDECKER ASKED MR.
 ANDERBERG WHY THEY WERE NOT HAVING COFFEE TOGETHER, MR. ANDERBERG
 RESPONDED THAT HE WAS NOT GOING TO HAVE COFFEE WITH PEOPLE WHO REPEATED
 THINGS HE SAID, AND THAT HE FELT MANAGEMENT AND EMPLOYEES SHOULD GO
 THEIR SEPARATE WAYS FOR COFFEE BREAKS AND LUNCH.  (TR. 30-31;  278).  AT
 THE SAME TIME, MR. ANDERBERG, INSPECTOR PEACOCK AND OTHER EMPLOYEES IN
 THE DOWNTOWN OFFICE STARTED SHYING AWAY FORM MR. DEDECKER AND SOME
 OTHERS WHO HAD BEEN AT THE MEETING.  (TR. 31, 105-106, 126, 270).
 
    ON NOVEMBER 4, 1977, THE FIRST OVERTIME SCHEDULE PREPARED AFTER THE
 OCTOBER 29, 1977 UNION MEETING WAS RELEASED.  MR. DEDECKER WAS NOT
 ASSIGNED TO WORK 1911 OVERTIME.  THE SCHEDULE WAS PREPARED BY INSPECTOR
 PEACOCK WITHOUT ANY INPUT FROM MR. ADNERBERG.  (TR. 214).  INSPECTOR
 PEACOCK TESTIFIED THAT MR. DEDECKER WAS NOT ASSIGNED TO OVERTIME BECAUSE
 OF THE UNDERSTANDING THAT HE WOULD DO NOTHING OTHER THAN DOG HANDLING
 DUTIES.  (TR. 225).  AFTER MR.  DEDECKER WAS REMOVED FROM 1911 OVERTIME,
 THOMAS F. LANGAN, WHO HAD ONCE WORKED 1911 OVERTIME, BUT WHO WAS NOT
 FULLY TRAINED, WAS NOT TRAINED OR UTILIZED FURTHER FOR 1911 OVERTIME.
 (TR. 160-161;  273-274).
 
    THE REMOVAL OF MR. DEDECKER FROM 1911 OVERTIME ASSIGNMENTS CONTINUED
 THROUGHOUT THE REMAINDER OF HIS STAY IN ATLANTA.  NOT UNTIL HIS TRANSFER
 TO MIAMI DID MR. DEDECKER START WORKING 1911 OVERTIME AGAIN.  (TR. 279).
  IF MR. DEDECKER HAD NOT BEEN REMOVED FROM 1911 OVERTIME A PREPONDERANCE
 OF THE EVIDENCE SHOWS THAT HE WOULD HAVE WORKED SUCH OVERTIME ON
 NOVEMBER 5, 8, 14, 18, 20, 21, 27 AND DECEMBER 3, 9, 17, 23, AND 26,
 1977.  (TR. 144, 126-152, 156-162).
 
    COMPLAINANT CONTENDS THAT MR. DEDECKER'S REMOVAL FROM 1911 OVERTIME
 WAS BECAUSE OF HIS UNION ACTIVITIES.  THE RESPONDENT ASSERTS THAT THE
 REMOVAL OF MR. DEDECKER'S FROM 1911 OVERTIME WAS THE RESULT OF AN EFFORT
 TO KEEP MR. DEDECKER'S DOG HANDLING POSITION IN ATLANTA BY CONFINING HIM
 TO WORK EXCLUSIVELY AS A DOG HANDLER.
 
    THE FOLLOWING FACTS ARE PERTINENT TO THE EFFORT TO KEEP MR.
 DEDECKER'S POSITION IN ATLANTA:
 
    ON MAY 17 AND 18, 1977, SENIOR CUSTOMS OPERATIONS OFFICER D'HUER OF
 WASHINGTON, D.C. VISITED ATLANTA FOR THE PURPOSE OF EVALUATION THE LOCAL
 MANAGEMENT OF THE CUSTOMS DOG DETECTOR PROGRAM.  NO NARCOTICS SEIZURES
 HAD BEEN MADE BY THE DOG AND DOGHANDLER.  MR.  D'HUER FOUND THAT MR.
 DEDECKER WAS BEING USED FOR CLERICAL DUTIES FOR APPROXIMATELY HALF THE
 WORK DAY.  MR. D'HUER RECOMMENDED THAT THE DOG TEAM BE USED EIGHT HOURS
 A DAY AT NOTHING BUT DOGHANDLING DUTIES.  HE INDICATED TO PORT DIRECTOR
 ANDERBERG THAT UNLESS THE DOG WERE FULLY UTILIZED AND DRUG SEIZURES
 MADE, THE DOG TEAM COULD NOT BE KEPT IN ATLANTA.  (TR. 174, 230-234,
 238).
 
    IN OCTOBER 1977 CHARLES WINWOOD, CUSTOMS OPERATIONS OFFICER, MIAMI,
 FLORIDA, ADVISED PORT DIRECTOR ANDERBERG THAT MR. D'HUER WAS RETURNING
 TO THE REGION TO EVALUATE THE DOGHANDLER PROGRAM AND A CONCENTRATED
 EFFORT WOULD HAVE TO BE MADE TO IMPROVE THE EFFECTIVENESS OF THE PROGRAM
 IN ORDER FOR IT TO REMAIN IN ATLANTA.  (TR. 174;  247).  MR. ANDERBERG
 INDICATED HE WOULD LIKE TO KEEP THE PROGRAM IN ATLANTA AND WOULD TRY AN
 INTENSIVE EFFORT FOR SIXTY DAYS OF HAVING THE DOG AND DOG HANDLER DO
 NOTHING BUT CHECKING CARGO AND BAGGAGE, AS MR. D'HUER HAD INDICATED, IN
 ORDER TO OBTAIN POSITIVE RESULTS.  (TR. 175).
 
    MR. ANDERBERG ADVISED MR. DEDECKER OF THE PROBLEM, AND MR. DEDECKER
 INDICATED HE WOULD LIKE TO REMAIN IN ATLANTA AND ASKED WHAT COULD BE
 DONE TO ACCOMPLISH THIS.  MR. ANDERBERG AND THE CHIEF INSPECTOR MET WITH
 MR. DEDECKER AND ADVISED HIM TO MAKE OUT A DAILY SCHEDULE.  (TR. 176).
 MR. DEDECKER PREPARED A SCHEDULE SHOWING DOGHANDLER DUTIES FROM 0800
 THROUGH 1700 WITH A HOUR FOR LUNCH, A 40 HOUR WORK SCHEDULE.  (TR. 176,
 179, 286, RES. EX. 2).  THE SCHEDULE WAS DESIGNED TO SAVE THE POSITION
 IN ATLANTA.  (TR. 179).
 
    MR. D'HUER RETURNED TO ATLANTA ON OCTOBER 21, 1977.  HE EMPHASIZED
 THAT THE DOG TEAM HAD TO WORK ENTIRELY AS A DOG TEAM.  MR. D'HUER
 TESTIFIED THAT A DOG TEAM HAS A REGULAR 40-HOUR WORK WEEK WITH FOUR
 HOURS OF TRAINING ON SATURDAY.  MR. D'HUER DID NOT SPECIFICALLY
 ENCOURAGE, DISCOURAGE, OR PROHIBIT 1911 OVERTIME FOR THE DOGHANDLER, AS
 THIS IS A MATTER OF UTILIZATION OF RESOURCES WITHIN THE DISCRETION OF
 THE PORT DIRECTOR.  (TR. 236, 239-240).  MR. D'HUER WAS GIVEN A COPY OF
 THE PROPOSED SCHEDULE FOR MR. DEDECKER.  MR. ANDERBERG AND MR. PEACOCK
 IN THE PRESENCE OF MR. DEDECKER INDICATED TO MR. D'HUER THAT MR.
 DEDECKER WOULD BE USED EXCLUSIVELY AS A DOGHANDLER.  (TR. 236-237).  MR.
 ANDERBERG REQUESTED A 60 DAY PERIOD OF TIME TO DETERMINE THE RESULTS OF
 THE PROGRAM.  MR. D'HUER INDICATED HE WOULD RECOMMEND 30 DAYS.  (TR.
 236)9
 
    MR. DEDECKER CONTINUED TO WORK 1911 OVERTIME ON OCTOBER 21, 22, 25,
 AND NOVEMBER 1, 1977.  (COMPLAINANT'S EXHIBIT 3).
 
    ABOUT THREE WEEKS AFTER THE OCTOBER 21, 1977 MEETING, MR. DEDECKER
 TELEPHONED MR. WINWOOD IN MIAMI TO STATE THAT THE EXPERIMENT WAS NOT
 WORKING OUT, AND HE WISHED TO MOVE TO THE PORT OF MIAMI AS A DOGHANDLER.
  THIS WAS ARRANGED, AND MR. DEDECKER CHOSE A REPORTING DATE IN JANUARY
 1978.  (TR. 254-255).  PORT DIRECTOR ANDERBERG RECEIVED NOTIFICATION OF
 THE CHANGE IN APPROXIMATELY LATE NOVEMBER 1977.  (TR. 181).
 
               DISCUSSION, CONCLUSIONS, AND RECOMMENDATIONS
 
    1.  REMARKS AT COFFEE BREAK
 
    COMPLAINANT CONTENDS THAT THE REMARKS MADE BY AGENCY MANAGEMENT ABOUT
 THE NTEU AT THE COFFEE BREAK WITH EMPLOYEES ON OCTOBER 15, 1977 VIOLATED
 SECTION 19(A)(1) OF THE ORDER.  /3/ AS FOUND ABOVE, PORT DIRECTOR
 ANDERBERG STATED THAT HE HAD READ AN ARTICLE TO THE EFFECT THAT UNION
 DUES WERE BEING USED GENERALLY THROUGHOUT THE COUNTRY TO PAY HIGH WAGES
 TO UNION OFFICIALS, AND, POINTING TO THE UNION SECRETARY, ADDED, "I'LL
 BET YOU DON'T KNOW WHAT MR. CONNERY (NTEU PRESIDENT) MAKES A YEAR." MR.
 ANDERBERG ALSO STATED THAT NTEU NEWSPAPERS ALWAYS CONCERNED NTEU'S
 REPRESENTATION OF INTERNAL REVENUE SERVICE EMPLOYEES, AND THE ONLY UNION
 THAT REPRESENTED CUSTOMS INSPECTORS WAS THE NATIONAL CUSTOMS SERVICE
 ASSOCIATION (NCSA), THE FORMER CUSTOMS ORGANIZATION.  CHIEF INSPECTOR
 PEACOCK AGREED, STATING THAT NCSA WAS THE ONLY UNION THAT FOUGHT FOR
 1911 OVERTIME.
 
    THE DETERMINATION OF WHETHER STATEMENTS VIOLATE SECTION 19(A)(1) MUST
 TAKE INTO CAREFUL ACCOUNT THE ENTIRE CIRCUMSTANCES SURROUNDING THE
 MAKING OF THE STATEMENTS.  CF. INTERNAL REVENUE SERVICE, MID ATLANTIC
 CENTER, 4 A/SLMR 519, A/SLMR 421(1974).
 
    I CONCLUDE THAT PORT DIRECTOR ANDERBERG'S REFERENCE TO THE NEWSPAPER
 ARTICLE CONCERNING HIGH UNION SALARIES AND HIS INQUIRY OF MR. DEDECKER
 CONCERNING THE SALARY OF THE NTEU PRESIDENT WERE NOT DISPARAGING OF THE
 NTEU AND DID NOT VIOLATE SECTION 19(A)(1).  THESE REMARKS WERE
 CONSISTENT WITH THE OPEN, FREE DISCUSSION AND EXCHANGE OF VIEWS
 CONCERNING NEWS EVENTS WHICH REGULARLY PREVAILED AT THE COFFEE BREAKS.
 HOWEVER, MR. ANDERBERG'S IMPLICATION THAT THE NTEU WAS ONLY INTERESTED
 IN INTERNAL REVENUE SERVICE EMPLOYEES, AND HIS STATEMENT THAT THE ONLY
 UNION THAT REPRESENTED CUSTOMS INSPECTORS WAS THE NCSA, AND CHIEF
 INSPECTOR PEACOCK'S COMMENT THAT THE NCSA WAS THE ONLY UNION THAT FOUGHT
 FOR 1911 OVERTIME, DID VIOLATE SECTION 19(A)(1).  THESE COMMENTS BY
 MANAGEMENT OFFICIALS RESPONSIBLE FOR EVALUATIONS, PROMOTIONS,
 DISCIPLINE, AND FIRINGS, IN THE PRESENCE OF OTHER EMPLOYEES, REASONABLY
 MAY BE VIEWED AS REFLECTING A DISPARAGEMENT OF THE COMPLAINANT.
 EMPLOYEES IN THE BARGAINING UNIT COULD REASONABLY CONCLUDE IN THE FACE
 OF SUCH COMMENTS THAT MANAGEMENT VIEWS THEIR EXCLUSIVE REPRESENTATIVE
 WITH DISDAIN.  SUCH REMARKS HAVE THE LOGICAL IMPACT AND EFFECT OF
 UNDERMINING THE EMPLOYEES;  CONFIDENCE IN THE UNION AND TENDED TO CONVEY
 TO EMPLOYEES THE FUTILITY OF REPRESENTATION BY THE UNION.  THIS HAS A
 CHILLING EFFECT ON ALL EMPLOYEES WHICH DISCOURAGES EXERCISE OF THE
 FREEDOM OF EMPLOYEES TO FORM, JOIN, OR ASSIST A LABOR ORGANIZATION,
 RIGHTS WHICH ARE GUARANTEED BY SECTION 1(A) OF THE ORDER, AND THE
 ABRIDGEMENT OF WHICH IS PROSCRIBED BY SECTION 19(A)(1) OF THE ORDER.
 CF. GENERAL SERVICES ADMINISTRATION, REGION 3, A/SLMR 1094(1978);
 DEPARTMENT OF THE AIR FORCE, OFFUTT AIR FORCE BASE, 7 A/SLMR 62, A/SLMR
 784(1977);  U.S. ARMY HEADQUARTERS, 3 A/SLMR 60, A/SLMR 242(1973);
 DEPARTMENT OF DEFENSE, ARKANSAS NATIONAL GUARD, 1 A/SLMR 275, A/SLMR
 53(1971).
 
    2.  LOSS OF OVERTIME
 
    COMPLAINANT CONTENDS THAT MR. DEDECKER WAS REMOVED FROM 1911 OVERTIME
 IN WHOLE OR IN PART BECAUSE OF HIS UNION ACTIVITIES IN VIOLATION OF
 SECTION 19(A)(1) AND (2) OF THE ORDER.  RESPONDENT ASSERTS THAT MR.
 DEDECKER WAS NOT ASSIGNED TO 1911 OVERTIME IN ORDER THAT HE MIGHT BE
 UTILIZED EXCLUSIVELY AS A DOGHANDLER AND RETAINED IN THE PORT OF MIAMI.
 
    A PREPONDERANCE OF THE EVIDENCE ESTABLISHES THAT MR. DEDECKER'S
 REMOVAL FROM 1911 OVERTIME WAS BASED ON HIS UNION ACTIVITY.
 
    THE RECORD ESTABLISHES THAT MR. DEDECKER WAS ACTIVE IN THE UNION AND
 MANAGEMENT KNEW OF THIS ACTIVITY.  SUCH ACTIVITY WAS DESIGNED TO "ASSIST
 A LABOR ORGANIZATION," CONDUCT PROTECTED BY SECTION 1(A) OF THE ORDER.
 THE RECORD ALSO ESTABLISHES THAT MR. DEDECKER'S REMOVAL FROM 1911
 OVERTIME WAS NOT REQUIRED IN ORDER TO SAVE HIS JOB IN ATLANTA.  WHILE
 PORT DIRECTOR ANDERBERG AND CHIEF INSPECTOR PEACOCK REPRESENTED TO MR.
 D'HUER THAT MR. DEDECKER WOULD BE USED EXCLUSIVELY FOR ENFORCEMENT
 FUNCTIONS, AND TESTIFIED AT THE HEARING THAT THIS WAS THE SOLE REASON
 FOR HIS REMOVAL IN ORDER TO SAVE HIS JOB IN ATLANTA, IT IS CLEAR THAT
 THE REPRESENTATION TO USE MR. DEDECKER EXCLUSIVELY FOR DOGHANDLING
 DUTIES WAS IN RESPONSE TO MR. D'HUER'S OBJECTIONS TO MR.  DEDECKER BEING
 USED FOR CLERICAL DUTIES FOR APPROXIMATELY HALF OF HIS WORK DAY.  TO
 CURE THIS PROBLEM A SCHEDULE WAS DRAWN UP AND PRESENTED TO MR. D'HUER,
 WHICH WAS TO ENSURE THAT MR. DEDECKER WOULD WORK AS A DOGHANDLER DURING
 THE FORTY HOUR ADMINISTRATIVE WORKWEEK.  THIS SCHEDULE, OR MR.  D'HUER
 OBJECTIONS, DID NOT ADDRESS THE TIME AFTER 5 P.M., BEFORE 8 A.M., OR
 SATURDAYS AND SUNDAYS, WHICH WAS THE TIME MR. DEDECKER HAD BEEN WORKING
 1911 OVERTIME.  MOREOVER, MR. DEDECKER WAS NOT REMOVED FROM 1911
 OVERTIME CONTEMPORANEOUSLY WITH THE REPRESENTATIONS TO MR. D'HUER ON
 OCTOBER 21, 1977.  HE WAS NOT REMOVED UNTIL AN OVERTIME SCHEDULE WAS
 ISSUED ON NOVEMBER 4, 1977, WHICH WAS AFTER THE OCTOBER 29, 1977 MEETING
 AT WHICH THE MR. DEDECKER AND OTHERS URGED THAT AN UNFAIR LABOR PRACTICE
 CHARGE BE FILED CONCERNING MANAGEMENT'S DISPARAGING COMMENTS ABOUT THE
 UNION.  WHILE RESPONDENT POINTS OUT THAT HAD MANAGEMENT WANTED TO BE RID
 OF MR. DEDECKER, THEY WOULD NOT HAVE TRIED TO HELP HIM STAY IN ATLANTA
 BY PROPOSING THE NEW DAILY WORK SCHEDULE TO MR. D'HUER, IT IS
 SIGNIFICANT TO NOTE THE DATES OF THIS PROPOSAL.  THE WORK SCHEDULE WAS
 DEVELOPED AND PROPOSED ON OR BEFORE OCTOBER 21, 1977, AND PRIOR TO THE
 OCTOBER 29, 1977 UNION MEETING.  FURTHER NO REASSIGNMENT OF MR. DEDECKER
 TO 1911 OVERTIME WAS FORTHCOMING AFTER LATE NOVEMBER 1977 WHEN IT WAS
 OFFICIALLY DETERMINED THAT MR. DEDECKER WOULD BE TRANSFERRED TO MIAMI IN
 JANUARY, AND HENCE NO FURTHER NEED OSTENSIBLY EXISTED TO RESTRICT HIS
 DUTIES.
 
    ACCORDINGLY, BASED ON THE ACTIVITY'S KNOWLEDGE OF MR. DEDECKER'S
 UNION ACTIVITY, THE ABOVE DISPARAGING COMMENTS ABOUT THE UNION BY
 MANAGEMENT, THE TIMING OF THE ACTIVITY'S ACTION, AND THE LACK OF ANY
 CREDIBLE AND PERSUASIVE REASON THEREFOR, I FIND AND CONCLUDE THAT THE
 ACTIVITY'S REMOVING OF MR. DEDECKER FROM 1911 OVERTIME WAS MOTIVATED BY
 ANTI-UNION CONSIDERATIONS AND TAKEN AS A REPRISAL FOR HIS UNION
 ACTIVITY, WHICH CONSTITUTED DISCRIMINATION IN VIOLATION OF SECTION
 19(A)(2) AND (1) OF THE ORDER.  CF. DEPARTMENT OF HEALTH, EDUCATION AND
 WELFARE, SAN JUAN, PUERTO RICO, A/SLMR 1127 (SEPT. 22, 1978);  INTERNAL
 REVENUE SERVICE, A/SLMR 1081 (JULY 14, 1978);  CALIFORNIA NATIONAL
 GUARD, SACRAMENTO, CALIFORNIA, 4 A/SLMR 104, A/SLMR 348(1974).  I ALSO
 FIND THAT BUT FOR THE RESPONDENT'S WRONGFUL ACTION MR. DEDECKER WOULD
 HAVE CONTINUED TO RECEIVE 1911 OVERTIME PAY DURING NOVEMBER AND DECEMBER
 1977 AND IS ENTITLED TO BACKPAY TO REMEDY THE UNFAIR LABOR PRACTICE
 UNDER THE PROVISIONS OF THE BACK PAY ACT OF 1966, 5 U.S.C. 5596(1970).
 CF. MARE ISLAND SHIPYARD AND MARE ISLAND NAVY YARD METAL TRADES COUNCIL,
 AFL-CIO, 4 FLRC 143, FLRC 74A-64(1976).  A PREPONDERANCE OF THE EVIDENCE
 ESTABLISHES THE SPECIFIC DATES WHEN MR. DEDECKER WOULD HAVE WORKED SUCH
 OVERTIME, AS SET AND ABOVE, AS NOVEMBER 5, 8, 14, 18, 20, 21, 27 AND
 DECEMBER 3, 9, 17, 23 AND 26, 1977.
 
                              RECOMMENDATIONS
 
    UPON THE BASIS OF THE AFOREMENTIONED FINDINGS, CONCLUSIONS, AND THE
 ENTIRE RECORD, AND HAVING FOUND THAT THE RESPONDENT HAS ENGAGED IN
 CONDUCT VIOLATIVE OF SECTIONS 19(A)(1) AND (2) OF THE ORDER, I RECOMMEND
 THAT THE AUTHORITY ADOPT THE FOLLOWING ORDER WHICH IS DESIGNED TO
 EFFECTUATE THE POLICIES OF THE ORDER.
 
                                   ORDER
 
    PURSUANT TO SECTION 6(B) OF EXECUTIVE ORDER 11491, AS AMENDED, 29
 C.F.R. SECTION 203.26(B), AND SECTION 2400.2 OF THE TRANSITION RULES AND
 REGULATIONS, 5 C.F.R.  SECTION 2400.2 (1979), THE AUTHORITY HEREBY
 ORDERS THAT THE U.S. CUSTOMS SERVICE, REGION IV, MIAMI, FLORIDA SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) MAKING DISPARAGING OR DEMEANING REMARKS TO EMPLOYEES ABOUT THE
 NATIONAL TREASURY EMPLOYEES UNION, OR ANY OTHER LABOR ORGANIZATION.
 
    (B) DISCRIMINATING AGAINST CLARENCE DEDECKER IN ANY MANNER WITH
 REGARD TO HIRE, TENURE, PROMOTION, ASSIGNMENT OF 1911 OVERTIME, OR OTHER
 CONDITIONS OF EMPLOYMENT IN ORDER TO DISCOURAGE MEMBERSHIP IN OR
 ACTIVITIES ON BEHALF OF NATIONAL TREASURY EMPLOYEES UNION, OR ANY OTHER
 LABOR ORGANIZATION.
 
    (C) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS EMPLOYEES IN THE EXERCISE OF RIGHTS ASSURED BY EXECUTIVE
 ORDER 11491, AS AMENDED.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE ORDER:
 
    (A) MAKE CLARENCE DEDECKER WHOLE FOR ANY LOSS OF BACK PAY OR
 DIFFERENTIAL WHICH HE WOULD HAVE EARNED FOR 1911 OVERTIME DURING THE
 PERIOD NOVEMBER 4 TO DECEMBER 27, 1977 CONSONANT WITH APPLICABLE LAW,
 REGULATIONS, AND DECISIONS OF THE COMPTROLLER GENERAL.
 
    (B) POST AT ITS FACILITIES LOCATED IN THE ATLANTA, GEORGIA AREA
 COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED
 BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY
 THE REGIONAL COMMISSIONER AND SHALL BE POSTED AND MAINTAINED BY HIM FOR
 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL
 BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE
 CUSTOMARILY POSTED.  THE REGIONAL COMMISSIONER SHALL TAKE REASONABLE
 STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED
 BY ANY OTHER MATERIAL.
 
    (C) PURSUANT TO SECTION 203.27 OF THE REGULATIONS, NOTIFY THE
 AUTHORITY, IN WRITING, WITHIN 30 DAYS FROM THE DATE OF THIS ORDER, AS TO
 WHAT STEPS HAVE BEEN TAKEN TO COMPLY HEREWITH.
 
                             GARVIN LEE OLIVER
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  APRIL 6, 1979
 
    WASHINGTON, D.C.
 
                                 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 MAKE DISPARAGING OR DEMEANING REMARKS TO EMPLOYEES ABOUT
 THE NATIONAL TREASURY EMPLOYEES UNION, OR ANY OTHER LABOR ORGANIZATION.
 
    WE WILL NOT DISCRIMINATE AGAINST CLARENCE DEDECKER, OR ANY OTHER
 EMPLOYEE, IN ANY MANNER WITH REGARD TO HIRING, TENURE, PROMOTION,
 ASSIGNMENT OF 1911 OVERTIME, OR OTHER CONDITIONS OF EMPLOYMENT IN ORDER
 TO DISCOURAGE MEMBERSHIP IN OR ACTIVITIES ON BEHALF OF NATIONAL TREASURY
 EMPLOYEES UNION, OR ANY OTHER LABOR ORGANIZATION.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY
 EXECUTIVE ORDER 11491, AS AMENDED.
 
    WE WILL, TO THE EXTENT CONSONANT WITH APPLICABLE LAW, REGULATIONS,
 AND DECISIONS OF THE COMPTROLLER GENERAL, MAKE CLARENCE DEDECKER WHOLE
 FOR ANY LOSS OF BACK PAY OR DIFFERENTIAL WHICH HE WOULD HAVE EARNED FOR
 1911 OVERTIME DURING THE PERIOD NOVEMBER 4 TO DECEMBER 27, 1977.
 
                                  . . .
 
                           (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
 MATERIAL.
 
    IF EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE
 WITH ANY OF ITS PROVISION