Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, North Atlantic Region, (New York, NY) (Respondent) and National Treasury Employees Union and National Treasury Employees Union, Chapter 102 (Charging Party)

 



[ v08 p296 ]
08:0296(70)CA
The decision of the Authority follows:


 8 FLRA No. 70
 
 DEPARTMENT OF THE TREASURY
 BUREAU OF ALCOHOL, TOBACCO
 AND FIREARMS, NORTH ATLANTIC
 REGION, (NEW YORK, NEW YORK)
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION AND NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 102
 Charging Party
 
                                            Case No. 1-CA-375
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE-ENTITLED PROCEEDING ISSUED
 HIS DECISION AND ORDER FINDING THAT THE RESPONDENT HAD ENGAGED IN THE
 UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINT, AND RECOMMENDING THAT
 IT CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION AS SET
 FORTH IN THE ATTACHED JUDGE'S DECISION AND ORDER.  THEREAFTER, THE
 RESPONDENT FILED EXCEPTIONS TO THE JUDGE'S DECISION AND ORDER AND A
 SUPPORTING BRIEF.
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 (5 CFR 2423.29) AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE), THE AUTHORITY HAS REVIEWED THE RULINGS
 OF THE JUDGE MADE AT THE HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS
 COMMITTED.  THE RULINGS ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE
 JUDGE'S DECISION AND ORDER AND THE ENTIRE RECORD IN THIS CASE, THE
 AUTHORITY HEREBY ADOPTS THE JUDGE'S FINDINGS, CONCLUSIONS AND
 RECOMMENDATIONS.  /1/
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
 FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7118 OF THE STATUTE, THE
 AUTHORITY HEREBY ORDERS THAT THE BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, NORTH ATLANTIC REGION, DEPARTMENT OF THE TREASURY, NEW YORK,
 NEW YORK, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO AN APPROPRIATE NUMBER OF
 AGENCY EMPLOYEES, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 102, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE,
 DURING UNION -- AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING
 AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION INCLUDING NECESSARY
 TRAVEL TIME AS OCCURS DURING THE EMPLOYEE'S REGULAR WORK HOURS AND WHEN
 THE EMPLOYEE WOULD OTHERWISE BE IN A WORK OR PAID LEAVE STATUS.  IN
 ADDITION, NECESSARY TRANSPORTATION AND PER DIEM EXPENSES SHALL BE PAID
 BY THE EMPLOYING ACTIVITY OR AGENCY.
 
    (B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE TO TWO UNION REPRESENTATIVES, AS DESIGNATED BY NTEU
 CHAPTER 102, OFFICIAL TIME FOR THE PERFORMANCE OF THEIR REPRESENTATIONAL
 DUTIES ON APRIL 7, 1980, AND MAKE THEM WHOLE FOR THE ANNUAL LEAVE
 UTILIZED ON THAT DATE FOR SUCH PERFORMANCE OF REPRESENTATIONAL DUTIES.
 
    (B) POST AT ITS FACILITIES IN THE NORTH ATLANTIC REGION COPIES OF THE
 ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS
 AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY THE
 REGIONAL REGULATORY ADMINISTRATOR 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 REGULATORY ADMINISTRATOR SHALL TAKE
 REASONABLE STEPS TO INSURE THAT SAID NOTICES ARE NOT ALTERED, DEFACED,
 OR COVERED BY ANY OTHER MATERIAL.
 
    (C) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
 REGULATIONS NOTIFY THE REGIONAL DIRECTOR, REGION I, 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., MARCH 26, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
                          NOTICE TO ALL 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 EMPLOYEES THAT:
 
    WE WILL NOT FAIL OR REFUSE TO PROVIDE TO AN APPROPRIATE NUMBER OF
 AGENCY EMPLOYEES, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 102, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE,
 DURING UNION - AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT,
 OFFICIAL TIME FOR SUCH PARTICIPATION INCLUDING NECESSARY TRAVEL TIME AS
 OCCURS DURING THE EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE
 WOULD OTHERWISE BE IN A WORK OR PAID LEAVE STATUS.  IN ADDITION,
 NECESSARY TRANSPORTATION AND PER DIEM EXPENSES SHALL BE PAID BY THE
 EMPLOYING ACTIVITY OR AGENCY.
 
    WE WILL NOT IN ANY LIKE OR RELATED REPRESENTATIVES, AS DESIGNATED BY
 NTEU CHAPTER 102, OFFICIAL TIME FOR THE PERFORMANCE OF THEIR
 REPRESENTATIONAL DUTIES ON APRIL 7, 1980, AND MAKE THEM WHOLE FOR THE
 ANNUAL LEAVE UTILIZED ON THAT DATE FOR SUCH PERFORMANCE OF
 REPRESENTATIONAL DUTIES.
 
                           (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 PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR, REGION I, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  441 STUART STREET, 9TH FLOOR, BOSTON, MASSACHUSETTS, 02116
 AND WHOSE TELEPHONE NUMBER IS (617) 223-0920.
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    MICHAEL SITCOV, ESQ.
    FOR THE RESPONDENT
 
    PETER N. CONROY
    FOR THE CHARGING PARTY
 
    JAMES R. COLLINS, ESQ.
    FOR THE GENERAL COUNSEL
 
    BEFORE:  SAMUEL A. CHAITOVITZ
    ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THIS IS A PROCEEDING UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, CHAPTER 71 OF TITLE 5 OF THE U.S. CODE, 5 U.S.C. SEC.
 7101 ET SEQ (HEREINAFTER CALLED THE STATUTE) AND THE RULES AND
 REGULATIONS OF THE FEDERAL LABOR RELATIONS AUTHORITY, 5 C.F.R.  CHAPTER
 XIV, SEC. 2410 ET SEQ.
 
    PURSUANT TO A CHARGE FILED ON MAY 19, 1980, AND A FIRST AMENDED
 CHARGE FILED ON JULY 25, 1980 BY THE NATIONAL TREASURY EMPLOYEES UNION
 (NTEU) AND NTEU CHAPTER 102 (HEREINAFTER ALSO REFERRED TO AS THE UNION)
 AGAINST DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, NORTH ATLANTIC REGION (HEREINAFTER CALLED RESPONDENT AND/OR
 AGENCY) THE GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY
 (HEREINAFTER CALLED THE GENERAL COUNSEL) BY THE REGIONAL DIRECTOR FOR
 REGION 1, ISSUED A COMPLAINT AND NOTICE OF HEARING ON JULY 31, 1980
 ALLEGING THAT RESPONDENT HAD ENGAGED IN AND WAS ENGAGING IN UNFAIR LABOR
 PRACTICES IN VIOLATION OF SECTIONS 7116(A)(1) AND (8) OF THE STATUTE.
 THE COMPLAINT ALLEGES THAT RESPONDENT REFUSES TO AUTHORIZE OFFICIAL TIME
 TO ANY NTEU CHAPTER 102 NEGOTIATOR FOR TIME SPENT AT A NEGOTIATION
 SESSION HELD ON APRIL 7, 1980.  RESPONDENT ADMITS JURISDICTION BUT
 DENIES THAT IT VIOLATED THE STATUTE.
 
    A HEARING IN THIS MATTER WAS CONDUCTED IN BOSTON, MASSACHUSETTS AT
 WHICH TIME ALL PARTIES WERE REPRESENTED AND AFFORDED FULL OPPORTUNITY TO
 BE HEARD, TO EXAMINE AND CROSS-EXAMINE WITNESSES, TO INTRODUCE EVIDENCE
 BEARING ON THE ISSUES HEREIN AND TO ARGUE ORALLY.  BRIEFS WERE FILED BY
 RESPONDENT AND GENERAL COUNSEL ON NOVEMBER 17, 1980 AND HAVE BEEN FULLY
 CONSIDERED.
 
    UPON THE ENTIRE RECORD IN THE MATTER, MY OBSERVATION OF THE WITNESSES
 AND THEIR DEMEANOR, AND FROM MY EVALUATION OF THE EVIDENCE I MAKE THE
 FOLLOWING:
 
                             FINDINGS OF FACT
 
    AT ALL TIMES MATERIAL HEREIN NTEU HAS BEEN THE EXCLUSIVE COLLECTIVE
 BARGAINING REPRESENTATIVE FOR A UNIT OF RESPONDENT'S GENERAL SCHEDULE
 AND WAGE GRADE EMPLOYEES, WITH CERTAIN EXCLUSIONS.
 
    AT SOME TIME PRIOR TO JANUARY 1980, RESPONDENT DECIDED TO REORGANIZE
 AND REALIGN THE REGULATORY ENFORCEMENT FUNCTION IN THE NORTH ATLANTIC
 REGION.  BY LETTER DATED JANUARY 10, 1980 NTEU CHAPTER 102 REQUESTED
 CERTAIN INFORMATION INCLUDING "WORK LOAD STUDIES, AREA ANALYSIS, . . .
 RELATED TO THIS POTENTIAL CHANGE IN WORKING CONDITIONS." BY MEMORANDUM
 DATED JANUARY 25, 1980 RESPONDENT'S REGIONAL ADMINISTRATIVE OFFICER SENT
 NTEU CHAPTER 102, INTER ALIA, COPIES OF THE PROPOSED REALIGNMENT AND A
 WORK LOAD STUDY AND ADVISED THAT NO INVOLUNTARY REASSIGNMENTS WOULD BE
 MADE IN ACCORDANCE WITH THE REALIGNMENT.  BY MEMORANDUM DATED FEBRUARY
 26, 1980 THE PRESIDENT OF NTEU CHAPTER 102 REQUESTED NEGOTIATIONS IN
 ACCORDANCE WITH 5 U.S.C. SEC. 7114(B)(2), ON THE IMPACT AND
 IMPLEMENTATION OF THE PROPOSED REALIGNMENT OF THE NEW ENGLAND AREA.  BY
 MEMORANDUM DATED MARCH 3, 1980 RESPONDENT'S REGIONAL ADMINISTRATIVE
 OFFICER, AMONG OTHER THINGS, RESPONDED TO THE FEBRUARY 26, 1980
 MEMORANDUM AND REQUESTED THAT NTEU CHAPTER 102 SUBMIT WRITTEN PROPOSALS
 FOR THE REQUESTED NEGOTIATIONS ON THE IMPACT AND IMPLEMENTATION OF THE
 REALIGNMENT.  BY A MARCH 12, 1980 MEMORANDUM NTEU CHAPTER 102 MADE SOME
 SPECIFIC PROPOSALS.
 
    ON MARCH 31, 1980 NTEU CHAPTER 102 PRESIDENT JOHN CARON
 TELEPHONICALLY SPOKE TO RESPONDENT'S REGIONAL ADMINISTRATIVE OFFICER
 JAMES WARD AND WAS ADVISED THAT OFFICIAL TIME WOULD NOT BE APPROVED FOR
 ANY UNION REPRESENTATIVES ATTENDING THE APRIL 7, 1980 MEETING TO DISCUSS
 THE PROPOSED REALIGNMENT.
 
    A MEMORANDUM DATED APRIL 7 FROM NTEU CHAPTER 102 TO RESPONDENT
 RECOUNTED THE PRECEEDING CONVERSATION AND STATED THAT THE UNION FELT
 THAT PURSUANT 5 U.S.C.  SEC. 7131(A) EMPLOYEES REPRESENTING NTEU CHAPTER
 102 SHOULD BE PROVIDED WITH OFFICIAL TIME TO ATTEND THE MEETING.  THIS
 MEMORANDUM WAS GIVEN TO RESPONDENT ON APRIL 7, AT THE OUTSET OF THE
 MEETING IN QUESTION.
 
    ON APRIL 7, 1980 REPRESENTATIVES OF THE RESPONDENT AND NTEU CHAPTER
 102 MET TO DISCUSS THE UNION PROPOSALS AND THE IMPACT AND IMPLEMENTATION
 OF THE REALIGNMENT.  THE MEETING LASTED APPROXIMATELY TWO HOURS.  /2/
 PRESENT REPRESENTING NTEU CHAPTER 102 WAS CHAPTER PRESIDENT CORN,
 CHAPTER VICE PRESIDENT JAMES VAUGHN AND CHAPTER SHOP STEWARDS MATHEW LUZ
 AND DAVID ROSEN /3/ ;  REPRESENTING RESPONDENT REGIONAL ADMINISTRATIVE
 OFFICER AND CHIEF OF FIELD OPERATIONS LOY A. HAYNES.  THE
 REPRESENTATIVES FIRST BRIEFLY DISCUSSED THE QUESTION OF OFFICIAL TIME
 FOR THE UNION REPRESENTATIVES AND THEN THE NTEU CHAPTER 102
 REPRESENTATIVES ATTEMPTED TO DISCUSS THE WORK LOAD STUDY AND THE
 PROPOSED REALIGNMENT.  RESPONDENT'S REPRESENTATIVES STATED THESE LATTER
 TOPICS WERE NON-NEGOTIABLE AND THE UNION REPRESENTATIVES STATED THAT THE
 UNION INTENDED TO APPEAL THE NEGOTIABILITY ISSUE.  THE UNION ASKED THAT
 IF RESPONDENT WOULD NOT DISCUSS THESE MATTERS WHAT IT WOULD DISCUSS.
 RESPONDENT'S REPRESENTATIVES ADVISED THE UNION REPRESENTATIVES THAT THAT
 WAS THE JOB OF THE UNION REPRESENTATIVE AND IF THEY HAD SPECIFICS, IT
 WAS THEIR JOB TO COME UP WITH THEM.  THE PARTIES WENT "OFF-THE-RECORD"
 AND DISCUSSED THE WORKLOAD STUDY AND HOW IT WAS GOING TO BE IMPLEMENTED.
  THE PARTIES WENT BACK "ON-THE-RECORD" AND THE UNION EXPRESSED ITS
 POSITION THAT THE WORK LOAD STUDY WOULD HAVE AN ADVERSE IMPACT ON THE
 UNIT MEMBERS AND MIGHT LEAD TO INVOLUNTARY TRANSFERS.  RESPONDENT
 REASSURED THE UNION THAT THEY WOULD NOT INVOLUNTARILY TRANSFER ANYONE.
 THE UNION THEN RAISED THE ISSUE OF RETAINING THE CURRENT FOUR SHOP
 STEWARDS BECAUSE THERE WOULD NOT BE A CHANGE IN THE NUMBER OF EMPLOYEES;
  RESPONDENT STATED THAT IT WOULD ONLY ABIDE BY THE PROVISIONS OF THE
 CONTRACT.  NTEU CHAPTER 102 REPRESENTATIVES STATED THAT THEY WOULD LIKE
 THE ESTABLISHMENT OF A CAREER DEVELOPMENT POSITION WITH THE POSSIBILITY
 OF POSTING ONE SUCH POSITION IN BOSTON BECAUSE THERE WOULD BE SEVERAL
 VACANCIES CREATED THROUGH THE REALIGNMENT.  RESPONDENT INDICATED THAT
 THERE WERE NO SUCH POSITIONS AT RECRUIT STATUS AND THUS WOULD NOT BE
 POSTED.  THE PARTIES THEN DISCUSSED AN AREA SUPERVISOR'S POSITION,
 GS-12, THAT WAS BEING CONVERTED TO A INSPECTOR POSITION, GS-12, WITHIN
 THE COLLECTIVE BARGAINING UNIT.  THE UNION URGED THAT THE POSITION BE
 POSTED UNDER THE MERIT PROCEDURES WHEREAS RESPONDENT TOOK THE POSITION
 THAT IT WAS STRICTLY AS RESULT RESTRUCTURING AND THEREFORE REQUIRED NO
 POSTING.
 
    RESPONDENT'S REPRESENTATIVES AGREED THAT MANY OF THESE TOPICS WERE
 APPROPRIATE FOR IMPACT AND IMPLEMENTATION NEGOTIATIONS AND TOOK THE
 POSITION THAT THE DISCUSSION OF THESE TOPICS INVOLVED GENERAL
 DISCUSSIONS AND NOT SPECIFICS.  THEY ADVISED THE UNION REPRESENTATIVES
 THAT THEY WOULD BE HAPPY TO DISCUSS THESE TOPICS IF THE UNION REQUESTED
 SUCH DISCUSSION IN WRITING IN REFERENCE TO SPECIFICS.
 
    THE MEETING THEN ENDED WITH THE UNION REQUESTING THE NEGOTIABILITY
 ISSUES BE PUT IN WRITING.  AT THAT POINT, THE FOUR NTEU CHAPTER 102
 REPRESENTATIVES SUBMITTED ANNUAL SLIPS FOR THE TIME SPENT IN THE
 MEETING.
 
    RESPONDENT HAS REFUSED TO AUTHORIZE OFFICIAL TIME FOR THE TIME SPENT
 AT THE APRIL 7, 1980 MEETING.
 
                                DISCUSSION
 
    THIS MATTER INVOLVES THE INTERPRETATION AND APPLICATION OF SECTION
 7131(A) OF THE STATUTE (5 U.S.C. 7131(A)) AND WHETHER ANY OF THE NTEU
 CHAPTER 102 REPRESENTATIVES AT THE APRIL 7 MEETING WERE ENTITLED TO BE
 ON OFFICIAL TIME WHILE AT THAT MEETING.  SECTION 7131(A) OF THE STATUTE
 PROVIDES:
 
    "(A) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF A
 
    COLLECTIVE BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE
 AUTHORIZED OFFICIAL TIME FOR SUCH
 
    PURPOSES, INCLUDING ATTENDANCE AT IMPASSE PROCEEDING, DURING THE TIME
 THE EMPLOYEE OTHERWISE
 
    WOULD BE IN A DUTY STATUS.  THE NUMBER OF EMPLOYEES FOR WHOM OFFICIAL
 TIME IS AUTHORIZED UNDER
 
    THIS SUBSECTION SHALL NOT EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED
 AS REPRESENTING THE
 
    AGENCY FOR SUCH PURPOSES."
 
    GENERAL COUNSEL CONTENDS THAT RESPONDENT'S REFUSAL TO GRANT TWO OF
 UNION REPRESENTATIVES OFFICIAL TIME FOR ATTENDING THE APRIL 7 MEETING
 WAS IN VIOLATION OF SECTION 7131(A)(1) AND (8)).
 
    RESPONDENT CONTENDS THAT SECTION 7131(A) DOES NOT REQUIRE RESPONDENT
 TO PROVIDE OFFICIAL TIME TO ANY UNION REPRESENTATIVES FOR ANY MID-TERM
 IMPACT AND IMPLEMENTATION NEGOTIATIONS.  RESPONDENT CONTENDS FURTHER,
 THAT EVEN IF SECTION 7131(A) DID REQUIRE GRANTING OFFICIAL TIME TO UNION
 REPRESENTATIVES FOR MID-TERM IMPACT AND IMPLEMENTATION NEGOTIATIONS, THE
 APRIL 7 MEETING DID NOT ACCOUNT TO A NEGOTIATION SESSION BECAUSE THE
 "UNION REPRESENTATIVES FAILED TO PROPOSE OR DISCUSS ANY SPECIFICS WITH
 RESPECT TO IMPACT AND IMPLEMENTATION OF THE PROPOSED REALIGNMENT. . ."
 
    IN URGING ITS INTERPRETATION OF SECTION 7131(A) RESPONDENT URGES THAT
 THE FEDERAL LABOR RELATIONS AUTHORITY (FLRA) WAS NOT AUTHORIZED TO ISSUE
 ITS IMPLEMENTATION AND GUIDANCE, 2 FLRA NO. 31 AND THAT THEREFORE IT
 SHOULD NOT BE FOLLOWED.  THIS POSITION IS REJECTED.  THE STATUTORY
 SCHEME IS CLEAR THAT THE ADMINISTRATIVE LAW JUDGE IS BOUND BY THE
 DECISIONS OF THE FLRA.  BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN
 REGION, DEPARTMENT OF THE TREASURY, CASE NO. 4 FLRA NO. 40 (HEREINAFTER
 CALLED THE ATF CASE).  ACCORDINGLY IT IS CONCLUDED THAT THE PROVISION OF
 SECTION 7131(A) THAT APPROPRIATE UNION REPRESENTATIVES OFFICIAL TIME FOR
 "NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT . . ." APPLIES TO
 ATTENDANCE AT MID-TERM IMPACT AND IMPLEMENTATION NEGOTIATIONS.
 INTERPRETATION AND GUIDANCE, SUPRA, AND THE ATF CASE, SUPRA.
 
    THE RESPONDENT'S CONTENTION THAT THE APRIL 7 MEETING "DID NOT AMOUNT
 TO A NEGOTIATION SESSION . . ." MUST ALSO BE REJECTED.  AT THE APRIL 7
 MEETING, UNION AND RESPONDENT'S REPRESENTATIVES DISCUSSED THE IMPENDING
 REALIGNMENT AND A NUMBER OF REASONABLY FORESEEABLE ADVERSE IMPACTS THAT
 THE REALIGNMENT MIGHT HAVE ON THE COLLECTIVE BARGAINING UNIT INCLUDING,
 THE NUMBER OF SHOP STEWARDS NEEDED, POSSIBLE INVOLUNTARY TRANSFERS, HOW
 TO TREAT THE FILLING OF JOBS THAT MIGHT BE ADDED TO THE UNIT, ETC.  THE
 PARTIES EXPLORED AND DISCUSSED EACH OTHERS' POSITIONS.  SUCH A MEETING
 EMBODIES THE VERY ESSENCE OF NEGOTIATIONS AS ENVISIONED BY THE STATUTE.
 RESPONDENT'S CONTENTION THAT IN NEGOTIATIONS THE UNION MUST MAKE
 SPECIFIC PROPOSAL, AND DISCUSSIONS MUST SOME HOW ALWAYS LEAD TO A
 WRITTEN CONTRACT IS REJECTED AS TOO LIMITED AN INTERPRETATION THAT WOULD
 FRUSTRATE MEANINGFUL NEGOTIATIONS IN FAVOR OR SOME SORT OF STYLIZED FORM
 OF COMMUNICATION.  /3/ SIMILARLY RESPONDENT'S CONTENTION THAT THE APRIL
 7 MEETING DID NOT CONSTITUTE NEGOTIATIONS BECAUSE SOME OF THE UNION'S
 PROPOSALS MIGHT HAVE BEEN NON-NEGOTIABLE IS REJECTED AS TO NARROW AN
 INTERPRETATION.  RATHER THE APRIL 7 MEETING MUST BE LOOKED AT IN ITS
 ENTIRETY;  IN DOING SO IT IS CONCLUDED THAT IT WAS A NEGOTIATION SESSION
 SUBJECT TO THE TERMS AND REQUIREMENTS OF SECTION 7131(A).  CF ATF CASE,
 SUPRA.
 
    THE UNION WAS THEREFORE ENTITLED, UNDER SECTION 7131(A) OF THE
 STATUTE, TO TWO REPRESENTATIVES OF ITS DESIGNATION, THE NUMBER
 REPRESENTING RESPONDENT, ON OFFICIAL TIME TO ATTEND THE SUBJECT MEETING.
  RESPONDENT'S FAILURE TO GRANT SUCH OFFICIAL TIME CONSTITUTES A
 VIOLATION OF SECTIONS 7116(A)(1) AND (8) OF THE STATUTE.
 
    HAVING FOUND AND CONCLUDED THAT RESPONDENT VIOLATED SECTIONS
 7116(A)(1) AND (8) OF THE STATUTE I RECOMMEND THAT THE AUTHORITY ISSUE
 THE FOLLOWING:
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
 AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, THE
 AUTHORITY HEREBY ORDERS THAT THE BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, NORTH ATLANTIC REGION, DEPARTMENT OF THE TREASURY, NEW YORK,
 NEW YORK, SHALL:
 
    1.  CASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO AN APPROPRIATE NUMBER OF
 AGENCY EMPLOYEES, WHILE
 
    ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 102, THE
 
    EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION - AGENCY
 NEGOTIATIONS OF A COLLECTIVE
 
    BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION INCLUDING
 NECESSARY TRAVEL TIME AS
 
    OCCURS DURING THE EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE
 WOULD OTHERWISE BE IN A
 
    WORK OR PAID LEAVE STATUS.  IN ADDITION, NECESSARY TRANSPORTATION AND
 PER DIEM EXPENSES SHALL
 
    BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
 
    (B) IN ANY LIKE OR RELATED MATTER, INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN
 
    THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE TWO UNION REPRESENTATIVES, AS DESIGNATED BY NTEU CHAPTER
 102, OFFICIAL TIME FOR
 
    THE PERFORMANCE OF THEIR REPRESENTATIONAL DUTIES ON APRIL 7, 1980,
 AND MAKE THEM WHOLE FOR THE
 
    ANNUAL LEAVE UTILIZED ON THAT DATE.
 
    (B) POST AT ITS VARIOUS OFFICES IN THE NORTH ATLANTIC REGION WHEREIN
 UNIT EMPLOYES ARE
 
    LOCATED, COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX." COPIES OF
 SAID NOTICE, TO BE
 
    FURNISHED BY THE REGIONAL DIRECTOR FOR REGION 1, AFTER BEING SIGNED
 BY AN AUTHORIZED
 
    REPRESENTATIVE, SHALL BE POSTED BY IT IMMEDIATELY UPON RECEIPT
 THEREOF AND BE MAINTAINED BY IT
 
    FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING
 ALL PLACES WHERE NOTICES
 
    TO EMPLOYEES ARE CUSTOMARILY POSTED.  REASONABLE STEPS SHALL BE TAKEN
 TO INSURE THAT SAID
 
    NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY 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.
 
                          SAMUEL A. CHAITOVITZ
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  MARCH 2, 1981
    WASHINGTON, D.C.
 
                          NOTICE TO ALL 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 EMPLOYEES THAT:
 
    WE WILL NOT FAIL OR REFUSE TO PROVIDE TO AN APPROPRIATE NUMBER OF
 AGENCY EMPLOYEES, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 102, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE,
 DURING UNION - AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT,
 OFFICIAL TIME FOR SUCH PARTICIPATION INCLUDING NECESSARY TRAVEL TIME AS
 OCCURS DURING THE EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE
 WOULD OTHERWISE BE IN A WORK OR PAID LEAVE STATUS.  IN ADDITION,
 NECESSARY TRANSPORTATION AND PER DIEM EXPENSES SHALL BE PAID BY THE
 EMPLOYING ACTIVITY OR AGENCY.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    WE WILL PROVIDE TWO UNION REPRESENTATIVES, AS DESIGNATED BY NTEU
 CHAPTER 102, OFFICIAL TIME FOR THE PERFORMANCE OF REPRESENTATIONAL
 DUTIES ON APRIL 7, 1980, AND MAKE THEM WHOLE FOR THE ANNUAL LEAVE
 UTILIZED ON THAT DATE.
 
                           (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 PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR, REGION 1, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  441 STUART STREET, 9TH FLOOR, BOSTON, MASSACHUSETTS 02116.
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ AS TO THE RESPONDENT'S EXCEPTIONS TO THAT PORTION OF THE JUDGE'S
 ORDER DIRECTING THAT IT PAY "NECESSARY TRANSPORTATION AND PER DIEM
 EXPENSES," CONTENDING THAT THERE WERE NO SUCH EXPENSES, THIS CONTENTION
 MAY BE ADDRESSED IN CONNECTION WITH ANY QUESTION OF COMPLIANCE WHICH IS
 SUBSEQUENTLY RAISED BY THE UNION.
 
    /2/ FROM APPROXIMATELY 10:00 AM TO 12:00 NOON.
 
    /2/ THE REGULAR DUTY HOURS FOR ALL FOUR NTEU CHAPTER 102
 REPRESENTATIVES IS 8:00 AM TO 4:30 PM.
 
    /3/ IN THIS REGARD RESPONDENT'S RELIANCE ON ASSOCIATION OF CIVILIAN
 TECHNICIANS, ALABAMA ACT, CASE NO. 2 FLRA NO. 39 IS MISPLACED.  THE CASE
 IS INAPPOSITE BECAUSE IT DEALS WITH THE TYPE OF SPECIFICITY NECESSARY TO
 MAKE A DETER