National Treasury Employees Union, Washington, D.C. (Respondent) and Bureau of Alcohol, Tobacco and Firearms, Washington, D.C. (Complainant) 

 



[ v02 p377 ]
02:0377(51)CO
The decision of the Authority follows:


 2 FLRA No. 51
 
 NATIONAL TREASURY EMPLOYEES UNION,
 WASHINGTON, D.C.
 Respondent
 
 and
 
 BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, WASHINGTON, D.C.
 Complainant
 
                                            Assistant Secretary
                                            Case No. 41-6047(CO)
 
                            DECISION AND ORDER
 
    ON JULY 10, 1979, ADMINISTRATIVE LAW JUDGE EDWIN S. BERNSTEIN ISSUED
 HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED PROCEEDING,
 FINDING THAT THE RESPONDENT HAD VIOLATED SECTION 19(B)(1) OF EXECUTIVE
 ORDER 11491, AS AMENDED, 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 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, 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
 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 NATIONAL TREASURY EMPLOYEES UNION AND NTEU CHAPTER 88 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) COERCING NON-UNION MEMBERS TO JOIN NATIONAL TREASURY EMPLOYEES
 UNION AS A CONDITION FOR BEING NOMINATED AS AN EQUAL EMPLOYEE
 OPPORTUNITY COUNSELOR BY THE UNION.
 
    (B) IN ANY LIKE MANNER, INTERFERING WITH, RESTRAINING OR COERCING
 EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE
 ORDER.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION TO EFFECTUATE THE PURPOSES
 AND POLICIES OF THE EXECUTIVE ORDER:
 
    (A) POST AT THE OFFICES OF NATIONAL TREASURY EMPLOYEES UNION CHAPTER
 88, AND AT ALL PLACES WHERE NOTICES TO MEMBERS AND OTHER EMPLOYEES ARE
 CUSTOMARILY POSTED, INCLUDING FACILITIES PROVIDED BY THE ACTIVITY AT THE
 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS OFFICES IN THE CENTRAL REGION,
 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 PRESIDENT OF NTEU AND PRESIDENT OF NTEU CHAPTER 88 AND SHALL BE
 POSTED AND MAINTAINED BY THE PRESIDENT OF NTEU CHAPTER 88 IN CONSPICUOUS
 PLACES, INCLUDING BULLETIN BOARDS AND ALL OTHER PLACES WHERE NOTICES TO
 UNION MEMBERS ARE CUSTOMARILY POSTED.  THE PRESIDENT OF UNION CHAPTER 88
 SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED,
 DEFACED OR COVERED BY ANY OTHER MATERIAL.
 
    (B) 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., DECEMBER 31, 1979
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
        APPENDIX 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 UNITED STATES CODE FEDERAL
 
          SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR
 
           MEMBERS AND OTHER EMPLOYEES OF THE BUREAU OF ALCOHOL,
 
               TOBACCO AND FIREARMS, CENTRAL REGION, THAT:
 
    WE WILL NOT COERCE NON-UNION MEMBERS TO JOIN THE NATIONAL TREASURY
 EMPLOYEES UNION AS A CONDITION FOR BEING NOMINATED AS AN EQUAL
 EMPLOYMENT OPPORTUNITY COUNSELOR BY THE UNION.
 
    WE WILL NOT IN ANY LIKE MANNER, INTERFERE WITH, RESTRAIN, OR COERCE
 EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE
 ORDER.
 
                       PRESIDENT, NATIONAL TREASURY
 
                              EMPLOYEES UNION
 
                       PRESIDENT, NATIONAL TREASURY
 
                        EMPLOYEES UNION, CHAPTER 88
 
    DATED:
 
    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 PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  ROOM 1638, DIRKSEN FEDERAL BUILDING, 219 SOUTH DEARBORN
 STREET, CHICAGO, ILLINOIS 60604;  AND WHOSE TELEPHONE NUMBER IS:  (312)
 353-6746.
 
    CARL R. NOLTE, ESQ.
 
    MICHAEL SITCOV, ESQ.
 
    OFFICE OF CHIEF COUNSEL
 
    THERESE FALLER, LABOR RELATIONS SPECIALIST
 
    BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
 
    UNITED STATES TREASURY DEPARTMENT
 
    WASHINGTON, D.C. 20226
 
                            FOR THE COMPLAINANT
 
    GERI PALAST, ESQ.
 
    ASSISTANT COUNSEL
 
    NATIONAL TREASURY EMPLOYEES UNION
 
    1730 K STREET, NW.
 
    WASHINGTON, D.C. 20006
 
                            FOR THE RESPONDENT
 
    BEFORE:  EDWIN S. BERNSTEIN
 
                         ADMINISTRATIVE LAW JUDGE
 
                      RECOMMENDED DECISION AND ORDER
 
    ON JUNE 29, 1978, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (BATF)
 FILED A COMPLAINT AGAINST THE NATIONAL TREASURY EMPLOYEES UNION (NTEU).
 THE COMPLAINT ALLEGED THAT THE UNION VIOLATED SUBSECTION 19(B)(1) OF THE
 EXECUTIVE ORDER 11491, AS AMENDED (THE EXECUTIVE ORDER) IN THAT MR.
 MARTIN J. CONNELL, THE PRESIDENT OF NTEU'S CHAPTER 88, ATTEMPTED TO
 COERCE MS. CAROL A. JORDAN, A NON-UNION MEMBER, TO JOIN THE UNION AS A
 CONDITION FOR BEING NOMINATED AS AN EQUAL EMPLOYMENT OPPORTUNITY (EEO)
 COUNSELOR BY THE UNION.
 
    PURSUANT TO A NOTICE OF HEARING DATED SEPTEMBER 5, 1978, A HEARING
 WAS HELD BEFORE ME IN DETROIT, MICHIGAN ON NOVEMBER 14, 1978.  BOTH
 PARTIES WERE REPRESENTED BY COUNSEL, EXAMINED AND CROSS-EXAMINED
 WITNESSES, PRESENTED EVIDENCE, AND FILED POST-HEARING BRIEFS.  UPON THE
 ENTIRE RECORD, I MAKE THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW
 AND RECOMMENDED ORDER.
 
                             FINDINGS OF FACT
 
    NTEU AND NTEU CHAPTER 88 ARE THE EXCLUSIVE REPRESENTATIVES OF THE
 BARGAINING UNIT EMPLOYEES OF BATF, CENTRAL REGION.  ARTICLE 15(2) OF THE
 PARTIES' COLLECTIVE BARGAINING AGREEMENT READS:
 
    "WHEN THE EMPLOYER FINDS IT NECESSARY TO APPOINT ADDITIONAL EEO
 COUNSELORS FOR BARGAINING
 
    UNIT EMPLOYEES, OR TO REPLACE SUCH EXISTING COUNSELORS, THE EMPLOYER
 WILL SELECT THE PERSON TO
 
    FILL THE VACANT COUNSELOR POSITION FROM A LIST OF AT LEAST FIVE (5)
 QUALIFIED NOMINEES
 
    SUBMITTED BY THE UNION."
 
    THE EEO COUNSEL POSITION INVOLVED IN THIS COMPLAINT IS IN DETROIT.
 BY LETTER DATED JANUARY 4, 1978, MR. L. E. DALLAS, REGIONAL
 ADMINISTRATIVE OFFICER, BATF CENTRAL REGION REQUESTED MR. MARTIN J.
 CONNELL, PRESIDENT TO NTEU CHAPTER NO. 88 TO NOMINATE EMPLOYEES FOR EEO
 COUNSELOR POSITIONS IN CLEVELAND AND CINCINNATI.  ON JANUARY 5, MR.
 DALLAS AGAIN WROTE MR.  CONNELL, THIS TIME REQUESTING THE UNION TO
 APPOINT TWO REPRESENTATIVES TO THE EEO AFFIRMATIVE ACTION ADVISORY
 COMMITTEE.  IN SUBSEQUENT TELEPHONE CONVERSATIONS, MR. DALLAS TOLD MR.
 CONNELL THAT IF HE COULD NOT FIND 5 NOMINEES HE COULD SUBMIT LESS NAMES.
  BY LETTER OF FEBRUARY 3, 1978, MR.  CONNELL SUBMITTED FOUR NAMES FOR
 THE CINCINNATI POSITION AND ONE FOR THE ADVISORY COMMITTEE POSITION.
 
    BY LETTER OF FEBRUARY 13, 1978, MR. DALLAS INFORMED MR. CONNELL THAT
 THE DETROIT EEO COUNSELOR WISHED TO BE REPLACED, REQUESTED THE UNION TO
 SUBMIT NAMES OF NOMINEES, AND SUGGESTED THAT THE UNION CONSIDER MS.
 CAROL JORDAN WHO WAS INTERESTED IN THE POSITION.
 
    THE COMPLAINT IS BASED ON A FIVE MINUTE TELEPHONE CONVERSATION
 BETWEEN MR. CONNELL AND MR. JORDAN ON MARCH 3, 1978.  THE PARTICIPANTS
 OFFERED SUBSTANTIALLY SIMILAR ACCOUNTS.  ON MARCH 1, MR. CONNELL CALLED
 MS. JORDAN'S OFFICE AND ASKED HER TO RETURN HIS CALL WHICH SHE DID ON
 MARCH 3.
 
    MS. JORDAN TESTIFIED THAT MR. CONNELL INFORMED HER THAT HE WAS THE
 UNION REPRESENTATIVE, THAT HER NAME WAS GIVEN TO HIM FOR CONSIDERATION
 FOR THE POSITION OF UNION COUNSELOR, AND THAT HE HAD CHECKED WITH FELLOW
 EMPLOYEES ABOUT HER AND LEARNED THAT SHE WAS NOT A UNION MEMBER.  MR.
 CONNELL STATED THAT IT WOULD PUT HIM IN A BAD POSITION TO NOMINATE A
 NON-UNION MEMBER IF THERE WERE UNION MEMBERS AVAILABLE AND SUGGESTED
 THAT SHE JOIN THE UNION.  WHEN SHE STATED THAT SHE DID NOT REALIZE THAT
 UNION MEMBERSHIP WAS A REQUIREMENT, HE SAID THAT IT WAS NOT BUT REPEATED
 THAT IT WOULD PUT HIM IN A BAD POSITION IF HE NOMINATED A NON-UNION
 MEMBER.
 
    MS. JORDAN FURTHER STATED THAT WHEN SHE ASKED HIM IF HIS CONVERSATION
 MEANT THAT HE WOULD NOT NOMINATE HER UNLESS SHE JOINED THE UNION, HE
 REPLIED, "NO, I DON'T MEAN I WON'T PUT YOUR NAME IN, BUT YOU CAN
 UNDERSTAND MY POSITION, AND ALL YOU HAVE TO DO IS FILL OUT THE FORM FOR
 MEMBERSHIP."
 
    MR. CONNELL TESTIFIED THAT HE "RECOGNIZED THAT SHE MIGHT HAVE SOME
 SPECIAL QUALIFICATIONS FOR THE JOB, BUT I HAVE NOTED THAT YOU ARE NOT A
 UNION MEMBER, AND I SAID WHILE IN ESSENCE THAT DOESN'T PRECLUDE MY
 NOMINATING YOU, IT WOULD CERTAINLY MAKE IT EASIER FOR ME TO NOMINATE YOU
 IF YOUR WERE A UNION MEMBER."
 
    THE UNION COULD NOT FIND ANY OTHER NOMINEES FOR THE DETROIT POSITION
 AND MR. CONNELL NOMINATED NO ONE FOR THAT POSITION.  BY LETTER DATED MAY
 19, 1978, BATF WROTE MR.  CONNELL THAT SINCE BATF HAD NOT RECEIVED THE
 REQUIRED NOMINEES WITHIN 90 DAYS OF ITS REQUEST, MS.  JORDAN HAD BEEN
 SELECTED FOR DETROIT.  THE LETTER ALSO DESIGNATED SELECTIONS FOR THE
 CLEVELAND AND CINCINNATI POSITION.
 
    AT THE HEARING, MR. CONNELL FURTHER TESTIFIED:
 
    Q.  DID YOU INTEND TO COERCE HER INTO JOINING THE UNION?
 
    A.  I THING THAT'S FAR TOO STRONG A WORD.  I WOULD HAVE LIKED FOR HER
 TO JOIN THE UNION,
 
    AND I FELT IT WOULD BE A LOT EASIER FOR ME TO NOMINATE HER.
 
    MR. CONNELL ADMITTED THAT IN HIS CONVERSATION WITH MS. JORDAN HE DID
 NOT ASK HER ABOUT HER PRIOR EXPERIENCE AS AN EEO COUNSELOR AND THAT HE
 MADE NO OTHER INQUIRIES ABOUT THIS.  HE STATED THAT WITH RESPECT TO HIS
 PRIOR NOMINATIONS FOR EEO COUNSELOR, "I DON'T THINK I'VE EVER NOMINATED
 A NON-UNION MEMBER".  LATER IN HIS TESTIMONY HE STATED, "I WAS HOPEFUL
 THAT THE RESULT OF MY TELEPHONE CALL WOULD BE THAT SHE WOULD JOIN THE
 UNION BUT I SURE WAS NOT IN A POSITION - AND DIDN'T PUT ANY SIGNIFICANT
 PRESSURE ON."
 
    HE FURTHER TESTIFIED IN ANSWER TO MY QUESTIONS.
 
    "A.  . . . I WAS NOT AT ALL HAPPY WITH THE SITUATION WHERE WE SIMPLY
 HAD NO NOMINEES FROM
 
    DETROIT OTHER THAN CAROL JORDAN, AND I WAS HOPEFUL THAT IN MY
 PROCRASTINATION ANOTHER NOMINEE
 
    WOULD COME UP, BUT I WAS NOT OPTIMISTIC AND I RESIGNED MYSELF TO THE
 FACT THAT IF WE WERE TO
 
    MAKE A NOMINEE IT WOULD BE CAROL JORDAN.
 
    Q.  SO YOU HESITATED TO NOMINATE HER?
 
    A.  I WAS HESITANT.
 
    Q.  DELAYING AS LONG AS YOU COULD?
 
    A.  RIGHT, AND I PLANNED TO WAIT EVEN LONGER AND FELT THAT I HAD NO
 RUSH AND IN ALL HONESTY
 
    I WAS HOPEFUL THAT SHE WOULD JOIN THE UNION SOMEPLACE ALONG THE
 LINE."
 
                            CONCLUSIONS OF LAW
 
    SUBSECTION 19(B)(1) OF THE EXECUTIVE ORDER STATES:
 
    "A LABOR ORGANIZATION SHALL NOT INTERFERE WITH, RESTRAIN, OR COERCE
 AN EMPLOYEE IN THE
 
    EXERCISE OF HIS RIGHTS ASSURED BY THIS ORDER."
 
    SUBSECTION 1(A) READS:
 
    "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 SUCH ACTIVITY;  AND EACH EMPLOYEE SHALL BE PROTECTED IN
 THE EXERCISE OF THIS
 
    RIGHT."
 
    I FIND THAT IN HIS TELEPHONE CONVERSATION WITH MR. JORDAN ON MARCH 3,
 1978, MR. CONNELL ATTEMPTED TO COERCE MS. JORDAN INTO JOINING HIS UNION
 IN VIOLATION OF SECTION 19(B)(1) OF THE EXECUTIVE ORDER.  AS INDICATED
 BY HIS TESTIMONY AND DEMEANOR AT THE HEARING, HIS PRIMARY INTEREST
 DURING THE CONVERSATION WAS WHETHER OR NOT SHE WAS A UNION MEMBER.  HE
 CLEARLY COMMUNICATED TO HER THAT IF SHE JOINED THE UNION HE WOULD
 NOMINATE HER AND IF SHE FAILED TO JOIN HE PROBABLY WOULD NOT.  AS HE
 INDICATED BY HIS TESTIMONY, MR. CONNELL DID NOT NOMINATE MS. JORDAN
 SOLELY BECAUSE SHE FAILED TO JOIN THE UNION.  SHE WAS QUITE CORRECT IN
 FEELING PRESSURED.  HE INTENDED TO PRESSURE HER AND HE DID PRESSURE HER.
 
    I DO NOT AGREE WITH THE UNION THAT THE VIOLATION WAS RENDERED DE
 MINIMUS OR CURED BY MANAGEMENT'S SUBSEQUENT APPOINTMENT OF MR. JORDAN
 AFTER MR. CONNELL'S INACTION.
 
    THE UNION ATTEMPTED TO JUSTIFY MR. CONNELL'S DISTRICT OF NON-UNION
 EMPLOYEES BY CLAIMING THAT SUCH PERSONS MIGHT BE ANTI-UNION.  WHILE
 DETERMINING WHETHER AN APPLICANT IS ANTI-UNION IS VALID, AS INDICATED BY
 FPM LETTER 713-29, II B5(2), IT IS IMPROPER TO REJECT A CANDIDATE SOLELY
 BECAUSE SHE IS NOT A UNION MEMBER.
 
    THE UNION ALSO ARGUED THAT BATF LACKED STANDING TO ASSERT THIS
 COMPLAINT BASED ON COERCION OF AN INDIVIDUAL EMPLOYEE.  I DISAGREE.
 SECTION 1(A) OF THE EXECUTIVE ORDER READS IN PART:
 
    "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 UNION."
 
    IN FURTHERANCE OF THIS POLICY, 29 CFR 203.1 READS:
 
    "SEC. 203.1 WHO MAY FILE COMPLAINTS. A COMPLAINT THAT AN ACTIVITY OR
 LABOR ORGANIZATION HAS
 
    ENGAGED IN ANY ACT PROHIBITED UNDER SECTION 19 OF THE ORDER OR HAS
 FAILED TO TAKE ANY ACTION
 
    REQUIRED BY THE ORDER, MAY BE FILED BY AN EMPLOYEE, AN ACTIVITY,
 AGENCY, OR A LABOR
 
    ORGANIZATION."
 
                              RECOMMENDATION
 
    HAVING FOUND THAT RESPONDENT HAS ENGAGED IN CONDUCT PROHIBITED BY
 SECTION 19(B)(1) OF EXECUTIVE ORDER 11491, AS AMENDED, I RECOMMEND THAT
 THE FEDERAL LABOR RELATIONS AUTHORITY (THE AUTHORITY) ADOPT THE
 FOLLOWING ORDER DESIGNED TO EFFECTUATE THE PURPOSES AND POLICIES OF THE
 EXECUTIVE ORDER.
 
                             RECOMMENDED ORDER
 
    PURSUANT TO SECTION 6(B) OF EXECUTIVE ORDER 11491, AS AMENDED, 29
 C.F.R. 203.26, AND SECTION 2400.2 OF THE TRANSITION RULES AND
 REGULATIONS (5 C.F.R. 2400.1), THE AUTHORITY HEREBY ORDERS THAT NATIONAL
 TREASURY EMPLOYEES UNION SHALL:
 
    1.  CEASE AND DESIST FROM
 
    A.  COERCING NON-UNION MEMBERS TO JOIN NATIONAL TREASURY EMPLOYEES
 UNION AS A CONDITION FOR BEING NOMINATED AS AN EQUAL EMPLOYEES
 OPPORTUNITY COUNSELOR BY THE UNION.
 
    B.  IN ANY LIKE MANNER, INTERFERING WITH, RESTRAINING OR COERCING
 EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE
 ORDER.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS TO EFFECTUATE THE PURPOSES
 AND POLICIES OF THE EXECUTIVE ORDER.
 
    A.  POST AT NATIONAL TREASURY EMPLOYEES UNION CHAPTER 88'S OFFICE AND
 AT BUREAU OF ALCOHOL, TOBACCO AND FIREARMS OFFICES IN THE CENTRAL REGION
 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 PRESIDENT OF NTEU AND PRESIDENT OF NTEU CHAPTER 88 AND SHALL BE
 POSTED AND MAINTAINED BY THE PRESIDENT OF UNION CHAPTER 88 IN
 CONSPICUOUS PLACES, INCLUDING BULLETIN BOARDS AND OTHER PLACES WHERE
 NOTICES TO UNION MEMBERS ARE CUSTOMARILY POSTED.  THE PRESIDENT OF UNION
 CHAPTER 88 SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE
 NOT ALTERED, DEFACED OR COVERED BY OTHER MATERIAL.
 
    B. PURSUANT TO SECTION 203.27 OF THE REGULATIONS NOTIFY THE AUTHORITY
 IN WRITING WITHIN 30 DAYS FROM THE DATE OF THE ORDER AS TO WHAT STEPS
 HAVE BEEN TAKEN TO COMPLY WITH THE ORDER.
 
                            EDWIN S. BERNSTEIN
 
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  10 JUL 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 WE HEREBY NOTIFY OUR MEMBERS AND OTHER EMPLOYEES
 
          OF THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, CENTRAL
 
                               REGION THAT:
 
    WE WILL NOT COERCE NON-UNION MEMBERS TO JOIN NATIONAL TREASURY
 EMPLOYEES UNION AS A CONDITION FOR BEING NOMINATED AS AN EQUAL
 EMPLOYMENT OPPORTUNITY COUNSELOR BY THE UNION.
 
    WE WILL NOT IN ANY LIKE MANNER, INTERFERE WITH, RESTRAIN, OR COERCE