National Treasury Employees Union and NTEU Chapter 12 (Union) and Department of the Treasury, Internal Revenue Service, Birmingham District, Alabama (Activity) 

 



[ v02 p466 ]
02:0466(64)NG
The decision of the Authority follows:


 2 FLRA No. 64
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NTEU CHAPTER 12
 (Union)
 
 and
 
 DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE,
 BIRMINGHAM DISTRICT, ALABAMA
 (Activity)
 
                                            Case No. 0-NG-158
 
                     DECISION ON NEGOTIABILITY APPEAL
 
    IN JUNE OF 1979, IRS, BIRMINGHAM DISTRICT (THE ACTIVITY) ISSUED A
 POLICY REQUIRING REVENUE AGENTS TO ASSIST TAX AUDITORS IN AUDITS UNDER
 CERTAIN CIRCUMSTANCES.  THEREAFTER, NTEU, CHAPTER 12 (THE UNION) SOUGHT
 TO RESCIND THE AGENCY MEMORANDUM SETTING FORTH THE ALLEGED NEW POLICY
 AND GENERALLY REQUESTED "THAT THE CHANGE IN PRACTICE AND POLICY BE
 NEGOTIATED AS PROVIDED FOR IN THE CONTRACT." THE AGENCY RESPONSE TO THAT
 REQUEST INCLUDED THE ALLEGATION THAT "THE WORK ASSIGNMENT PRACTICE . . .
 IS NOT NEGOTIABLE" UNDER SECTION 7106 OF THE STATUTE.
 
    ON SEPTEMBER 5, 1979, THE UNION FILED A PETITION FOR REVIEW WITH THE
 AUTHORITY.  IN ITS PETITION, THE UNION CONTESTS THE AGENCY ALLEGATION,
 WHICH IT DESCRIBED AS STATING THAT "ANY POTENTIAL PROPOSALS BY THE UNION
 REGARDING THE PROCEDURES FOR DETERMINING WHICH REVENUE AGENTS WOULD BE
 ASSIGNED TO CONDUCT OFFICE AUDIT INTERVIEWS WOULD BE NONNEGOTIABLE." IN
 THIS REGARD, NEITHER THE UNION'S LETTER TO THE AGENCY REQUES