FLRA.gov

U.S. Federal Labor Relations Authority

Search form

Bureau of Alcohol, Tobacco and Firearms, National Office and Western Region, San Francisco, California (Respondent) and National Treasury Employees Union (Charging Party) 



[ v08 p547 ]
08:0547(108)CA
The decision of the Authority follows:


 8 FLRA No. 108
 
 BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, NATIONAL OFFICE AND
 WESTERN REGION, SAN FRANCISCO,
 CALIFORNIA
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                            Case No. 9-CA-390
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED HIS DECISION AND ORDER IN THE
 ABOVE-ENTITLED PROCEEDING FINDING THAT THE RESPONDENT HAD ENGAGED IN
 CERTAIN UNFAIR LABOR PRACTICES AND RECOMMENDING THAT IT BE ORDERED TO
 CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION.
 THEREAFTER, THE RESPONDENT FILED EXCEPTIONS TO THE JUDGE'S DECISION AND
 ORDER AND A SUPPORTING BRIEF, AND THE GENERAL COUNSEL FILED AN
 OPPOSITION TO SUCH EXCEPTIONS.  /1/
 
    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 RULING 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.  VETERANS ADMINISTRATION REGIONAL OFFICE, DENVER,
 COLORADO, 7 FLRA NO. 100(1982).
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
 AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, IT IS
 HEREBY ORDERED THAT THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
 NATIONAL OFFICE AND WESTERN REGION, SAN FRANCISCO, CALIFORNIA, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) REFUSING OR FAILING TO FURNISH, UPON REQUEST BY THE NATIONAL
 TREASURY EMPLOYEES UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE OF ITS
 EMPLOYEES, ALL INFORMATION RELEVANT TO THE PROCESSING OF A GRIEVANCE,
 WHICH INFORMATION IS NECESSARY TO ENABLE THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE, TO DISCHARGE ITS
 OBLIGATION AS THE EXCLUSIVE REPRESENTATIVE TO REPRESENT THE INTERESTS OF
 ALL EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE:
 
    (A) UPON REQUEST, MAKE AVAILABLE TO THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES, ALL
 INFORMATION RELEVANT TO THE PROCESSING A GRIEVANCE, WHICH INFORMATION IS
 NUCESSARY TO ENABLE THE NATIONAL TREASURY EMPLOYEES UNION, OR ANY OTHER
 EXCLUSIVE REPRESENTATIVE, TO DISCHARGE EMPLOYEES UNION, OR ANY OTHER
 EXCLUSIVE REPRESENTATIVE, TO DISCHARGE ITS OBLIGATION AS THE EXCLUSIVE
 REPRESENTATIVE TO REPRESENT THE INTERESTS OF ALL EMPLOYEES IN THE
 EXCLUSIVELY RECOGNIZED UNIT.  /2/
 
    (B) POST AT ITS FACILITIES AT THE BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, NATIONAL OFFICE AND WESTERN REGION, SAN FRANCISCO, CALIFORNIA,
 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 DIRECTOR, 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 DIRECTOR SHALL TAKE REASONABLE STEPS TO INSURE
 THAT SUCH 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 IX, 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., MAY 13, 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 REFUSE OR FAIL TO FURNISH, UPON REQUEST BY THE NATIONAL
 TREASURY EMPLOYEES UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE OF OUR
 EMPLOYEES, ALL INFORMATION RELEVANT TO THE PROCESSING OF A GRIEVANCE,
 WHICH INFORMATION IS NECESSARY TO ENABLE THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE, TO DISCHARGE ITS
 OBLIGATION AS THE EXCLUSIVE REPRESENTATIVE TO REPRESENT THE INTERESTS OF
 ALL EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    WE WILL, UPON REQUEST, MAKE AVAILABLE TO THE NATIONAL TREASURY
 EMPLOYEES UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE OF OUR EMPLOYEES,
 ALL INFORMATION RELEVANT TO THE PROCESSING OF A GRIEVANCE, WHICH
 INFORMATION IS NECESSARY TO ENABLE THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE, TO DISCHARGE ITS
 OBLIGATION AS THE EXCLUSIVE REPRESENTATIVE TO REPRESENT THE INTERESTS OF
 ALL EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
                           (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, FEDERAL LABOR RELATIONS AUTHORITY, REGION IX, WHOSE
 ADDRESS IS:  540 BUSH STREET, SUITE 500, SAN FRANCISCO, CALIFORNIA 94102
 AND WHOSE TELEPHONE NUMBER IS:  (415) 374-2199.
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    MICHAEL SITCOV, ESQ.
                            FOR THE RESPONDENT
 
    NANCY E. PRITIKIN, ESQ.
                          FOR THE GENERAL COUNSEL
 
    JUDY BERKOWITZ, ESQ.
                          FOR THE CHARGING PARTY
 
    BEFORE:  WILLIAM NAIMARK
    ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    PURSUANT TO A COMPLAINT AND NOTICE OF HEARING ISSUED ON JUNE 30, 1980
 BY THE REGIONAL DIRECTOR FOR THE FEDERAL LABOR RELATIONS AUTHORITY, SAN
 FRANCISCO, CALIFORNIA REGION, A HEARING WAS HELD BEFORE THE UNDERSIGNED
 ON OCTOBER 21, 1980 AT SAN FRANCISCO, CALIFORNIA.
 
    THE PROCEEDING AROSE UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE.  92 STAT. 1191, 5 U.S.C. 7101 ET. SEQ. (HEREIN CALLED
 THE ACT).  IT IS BASED UPON A FIRST AMENDED CHARGE FILED ON MAY 29, 1980
 BY NATIONAL TREASURY EMPLOYEES UNION (HEREIN CALLED THE CHARGING PARTY
 OR THE UNION) AGAINST BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, NATIONAL
 OFFICE AND WESTERN REGION, SAN FRANCISCO, CALIFORNIA (HEREIN
 COLLECTIVELY CALLED RESPONDENT).
 
    THE COMPLAINT ALLEGED, IN SUBSTANCE, THAT SINCE ON OR ABOUT FEBRUARY
 22, 1980 RESPONDENT HAS FAILED OR REFUSE TO FURNISH NECESSARY AND
 RELEVANT INFORMATION RELATING TO A PROMOTION GRIEVANCE, WHICH IS
 AVAILABLE AND NUCESSARY FOR PROPER NEGOTIATION OF SUBJECTS WITHIN THE
 SCOPE OF COLLECTIVE BARGAINING, AS REQUIRED UNDER SECTION 7114(B)(4)(B)
 OF THE ACT - ALL IN VIOLATION OF SECTION 7116(A)(1)(5) AND (8) THEREOF.
 
    A RESPONSE WAS FILED BY RESPONDENT WHICH DENIED THE ESSENTIAL
 ALLEGATIONS OF THE COMPLAINT.  /3/
 
    ALL PARTIES WERE REPRESENTED AT THE HEARING.  EACH WAS AFFORDED FULL
 OPPORTUNITY TO BE HEARD, TO ADDUCE EVIDENCE, AND TO EXAMINE AS WELL AS
 CROSS-EXAMINE WITNESSES.  THEREAFTER BRIEFS WERE FILED WITH THE
 UNDERSIGNED WHICH HAVE BEEN DULY CONSIDERED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, FROM MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, AND FROM ALL OF THE TESTIMONY AND EVIDENCE
 ADDUCED AT THE HEARING, I MAKE THE FOLLOWING FINDINGS AND CONCLUSIONS:
 
                             FINDINGS OF FACT
 
    1.  AT ALL TIMES MATERIAL HEREIN THE UNION HAS BEEN THE COLLECTIVE
 BARGAINING REPRESENTATIVE OF RESPONDENT'S NON-PROFESSIONAL GENERAL
 SCHEDULE AND WAGE GRADE EMPLOYEES EMPLOYED AT THE REGIONAL OFFICE.
 
    2.  BOTH THE UNION AND THE RESPONDENT ARE PARTIES TO A WRITTEN
 COLLECTIVE BARGAINING AGREEMENT WHICH, BY ITS TERMS, IS EFFECTIVE FOR A
 PERIOD OF TWO YEARS FROM SEPTEMBER 19, 1977 AND AUTOMATICALLY REMOVABLE
 AFTER ITS EXPIRATION PERIOD.
 
    3.  THE AFORESAID AGREEMENT CONTAINS THE FOLLOWING PERTINENT CLAUSES
 AND PROVISIONS:
 
                                 ARTICLE 9
 
    "SECTION 15
 
    A.  ANY EMPLOYEE WHO HAS BEEN INVOLVED IN A COMPETITIVE ACTION
 GOVERNED BY THE TERMS OF
 
    THIS ARTICLE (OR THE EMPLOYEE'S UNION REPRESENTATIVE DESIGNATED BY
 THE EMPLOYEE IN WRITING)
 
    MAY UPON REQUEST OBTAIN THE SCORE ASSIGNED HIM/HER AS WELL AS THE
 SCORES ON THE HIGHLY
 
    QUALIFIED LIST.
 
    B.  IN PROCESSING GRIEVANCES RELATING TO ACTIONS TAKEN UNDER THE
 TERMS OF THIS ARTICLE, THE
 
    CONTENTS OF A PROMOTION FILE MAY BE REVIEWED BY THE EMPLOYEE OR
 HIS/HER UNION REPRESENTATIVE
 
    DESIGNATED IN WRITING TO ASSIST THEM IN THEIR EFFORTS TO RESOLVE THE
 GRIEVANCE.  THE REVIEW OF
 
    THE FILE WILL BE IN ACCORDANCE WITH THE TERMS OF THE PRIVACY ACT AND
 ARTICLE 34 OF THIS
 
    AGREEMENT."
 
    4.  RESPONDENT POSTED A VACANCY ANNOUNCEMENT DATED DECEMBER 14, 1979
 FOR THE POSITION (2) OF ALCOHOL AND TOBACCO TAX SPECIALIST, GS-1854-3,
 IN SAN FRANCISCO, CALIFORNIA.
 
    5.  A GRIEVANCE LETTER, DATED FEBRUARY 8, 1980, WAS SENT TO TRUDY
 JOHNSTON, SUPERVISOR, SERVICES SECTION AT THE WESTERN REGION, SAN
 FRANCISCO, CALIFORNIA FROM EMPLOYEE JOHN W. HARRISON AND JOE SHEEAN,
 PRESIDENT OF CHAPTER 81, NTEU.  /4/ THE GRIEVANCE WAS FILED BY HARRISON
 REGARDING RESPONDENT'S FAILURE TO SELECT HIM FOR PROMOTION TO THE
 POSITION ANNOUNCED AS VACANT ON DECEMBER 14, 1979 AS HEREINABOVE SET
 FORTH.  INCLUDED IN THE LETTER WAS A REQUEST FOR THE "ENTIRE PROMOTION
 PACKAGE USED IN FILLING THE POSITIONS . . . ." IT WAS ALSO STATED
 THEREIN THAT THE "PROMOTION PACKAGE SHOULD INCLUDE THE QUALIFIED
 APPLICANT'S FORM 171'S, SUPERVISOR'S EVALUATIONS, RANKING PANEL
 EVALUATION AND OTHER RELEVANT INFORMATION." FURTHER, THE LETTER DECLARED
 THAT THE GRIEVANCE SHOULD BE HELD IN ABEYANCE UNTIL THE AGENCY PROVIDED
 THE AFORESAID INFORMATION.  IT WAS ALSO REQUESTED THAT A CERTIFICATE
 WITH THE GRIEVANT'S NAME ALONE BE SUBMITTED TO THE SELECTING OFFICIAL
 FOR THE NEXT VACANCY IN THE SAME JOB SERIES AND LEVEL IN SAN FRANCISCO.
 
    6.  IN A MEMO DATED FEBRUARY 14, 1980 /5/ TRUDY JOHNSTON ACKNOWLEDGED
 RECEIPT OF THE GRIEVANCE AND DECLARED SHE WAS UNABLE TO GRANT THE REMEDY
 SOUGHT THEREIN.
 
    7.  IN A LETTER DATED FEBRUARY 20 FROM HARRISON AND SHEEAN TO PETER
 D. OROZCO, CHIEF TECHNICAL SERVICES BRANCH, IT WAS STATED THAT THE
 GRIEVANT WAS DISSATISFIED WITH RESPONDENT'S REPLY OF FEBRUARY 14;  THAT
 A STEP 2 MEETING WAS DESIRED;  AND THAT THE PROMOTION PACKAGE REQUESTED
 SHOULD BE FURNISHED BEFORE SAID MEETING.
 
    8.  THEREAFTER IN AN UNDATED MEMO FROM OROZCO TO THE GRIEVANT AND HIS
 UNION REPRESENTATIVE, THE MANAGEMENT OFFICIAL AGREED TO A STEP 2 MEETING
 TO BE HELD ON FEBRUARY 26.  HE ALSO STATED THAT, AS REQUESTED, THE
 PROMOTION FILE WOULD BE PROVIDED IN ACCORDANCE WITH ARTICLE 9, SECTION
 15 OF THE WRITTEN AGREEMENT.
 
    9.  IN A MEMO DATED FEBRUARY 22 ADDRESSED TO HARRISON THE REGIONAL
 PERSONNEL OFFICER, THOMAS V. GREGORY, SET FORTH THE SCORES OF THOSE ON
 THE HIGHLY QUALIFIED LIST FOR THE VACANCY HEREINBEFORE DESCRIBED.  IN
 RESPECT TO THE PROMOTION PACKAGE WHICH WAS REQUESTED, GREGORY STATED
 THAT ARTICLE 9, SECTION 15 B PROVIDES FOR A REVIEW OF THE PROMOTION FILE
 IN ACCORDANCE WITH THE PRIVACY ACT AND ARTICLE 34 OF THE AGREEMENT.  /6/
 FURTHER, THAT REQUESTS FOR SUCH INFORMATION SHOULD BE DIRECTED TO PAUL
 MOSNY THE ASSISTANT TO THE DIRECTOR (DISCLOSURE), IN WASHINGTON, D.C.
 
    10.  BOTH HARRISON ADN SHEEAN REPLIED IN WRITING ON FEBRUARY 25 AND
 ADVISED OROZCO THAT THE ENTIRE PROMOTION PACKAGE SHOULD BE MADE
 AVAILABLE PRIOR TO THE STEP 2 MEETING, AND THEY STATED THAT THE MEETING
 SHOULD BE HELD IN ABEYANCE UNTIL THE DATA IS FURNISHED.
 
    11.  BY LETTER DATED FEBRUARY 29 UNION REPRESENTATIVE SHEEAN WROTE
 MOSNY AND REQUESTED THAT, IN REGARD TO THE GRIEVANCES FILED ON FEBRUARY
 8, COPIES BE FURNISHED BY MANAGEMENT OF THE COMPLETE PROMOTION PACKAGE
 OF ALL QUALIFIED CANDIDATES.  SHEEAN STATED THAT THE SAID PACKAGE SHOULD
 CONTAIN FORM 171'S SUPERVISOR'S EVALUATION, RANKING PANEL'S EVALUATIONS,
 AND OTHER RELEVANT INFORMATION.  /7/
 
    12.  BY LETTER DATED MARCH 7 SHEEAN REQUESTED OF GREGORY COPIES OF
 THE PROMOTION PACKAGE FOR USE IN CONNECTION WITH THE AFORESAID
 GRIEVANCE.
 
    13.  UNDER DATE OF MAY 28 RESPONDENT, THROUGH ITS DISCLOSURE OFFICE,
 FURNISHED THE UNION WITH THE REQUESTED INFORMATION, /8/ STATING IT WAS
 IN RESPONSE TO THE REQUEST MADE UNDER THE FREEDOM OF INFORMATION ACT.
 THE DATA SUPPLIED, WHICH WAS SANITIZED, CONSTITUTED THE PROMOTION
 PACKAGE USED TO FILL THE VACANCY REFERRED TO IN PARAGRAPH 4 ABOVE.
 
                                CONCLUSIONS
 
    THE ESSENTIAL ISSUE FOR DETERMINATION IS AS FOLLOWS:  WHETHER AN
 EMPLOYER, WHO HAS RECEIVED A REQUEST BY A COLLECTIVE BARGAINING AGENT
 FOR INFORMATION TO PROCESS AN EMPLOYEE'S GRIEVANCE, MAY TREAT THE UNION
 AS A MEMBER OF THE PUBLIC AND SUPPLY THE DATA REQUESTED UNDER THE
 FREEDOM OF INFORMATION ACT WITHOUT VIOLATING SECTION 7114(B)(4) OF THE
 ACT HEREIN.
 
    GENERAL COUNSEL CONTENDS THAT THE UNION'S RIGHT TO OBTAIN INFORMATION
 NECESSARY TO PERFORM ITS DUTIES AS BARGAINING REPRESENTATIVE DERIVES
 FROM SECTION 7114(B)(4) OF THE ACT.  IT INSISTS RESPONDENT MAY NOT,
 WITHOUT VIOLATING ITS OBLIGATION TO BARGAIN WITH THE UNION, DISREGARD
 THIS STATUTE AND REQUIRE THE REPRESENTATIVE TO OBTAIN THE DATA BY
 REQUESTING IT UNDER THE FREEDOM OF INFORMATION ACT (FOIA).  GOOD FAITH
 BARGAINING, IT IS MAINTAINED, IS NOT EVIDENCED BY TREATING THE UNION AS
 A MEMBER OF THE GENERAL PUBLIC, AND THE INFORMATION REQUESTED MUST BE
 EVALUATED BY RESPONDENT UNDER THE ACT - NOT BY REFERENCE TO OTHER LAWS
 OR REGULATIONS.  /9/
 
    RESPONDENT MAINTAINS IT HAS COMPLIED WITH THE REQUIREMENTS OF THE ACT
 IN FURNISHING THE REQUESTED MATERIALS TO THE UNION.  THE EMPLOYER ARGUES
 THAT UNDER SECTION 7114(B)(4), ITS DUTY IS TO PROVIDE INFORMATION NOT
 PROHIBITED BY LAW;  THAT, UNDER THE REGULATIONS GOVERNING RESPONDENT (27
 CFR PART 71), THE ONLY PERSON AUTHORIZED BY THE BUREAU TO DISCLOSE THIS
 INFORMATION IS THE ASSISTANT TO THE DIRECTOR (DISCLOSURE).  IT IS
 AVERRED THAT THE AGENCY MUST DETERMINE WHETHER THE DATA WOULD BE
 PROHIBITED FROM DISCLOSURE BY ANY FEDERAL LAW, AND THE PERSON AUTHORIZED
 UNDER THIS REGULATION TO MAKE SUCH DETERMINATION IS THIS DISCLOSURE
 OFFICER.  HENCE, THE REQUEST MUST BE FURNISHED THROUGH THE FREEDOM OF
 INFORMATION ACT, AND IN PROCESSING THE UNION'S REQUEST THROUGH THAT ACT
 THE EMPLOYER HAS ACTED IN ACCORDANCE WITH SECTION 7114(B)(4) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.  FURTHER, RESPONDENT
 CONTENDS THE CONTRACT SPECIFICALLY PROVIDES THAT IN PROCESSING
 GRIEVANCES THE REVIEW OF THE FILE MUST BE MADE IN ACCORDANCE WITH THE
 PRIVACY ACT;  THAT SINCE THIS STATUTE IS IMPLEMENTED BY THE ASSISTANT TO
 THE DIRECTOR (DISCLOSURE), THE UNION CANNOT COMPLAIN IT RECEIVED THE
 INFORMATION FROM THE WRONG SOURCE.
 
    IT IS WELL ESTABLISHED, AND RESPONDENT DOES NOT DISAGREE, THAT A
 COLLECTIVE BARGAINING REPRESENTATIVE IS ENTITLED, UPON REQUEST, TO
 INFORMATION FROM AN EMPLOYER WHICH IS NECESSARY AND RELEVANT TO
 INTELLIGENTLY REPRESENT EMPLOYEES.  DEPARTMENT OF THE NAVY, DALLAS NAVAL
 AIR STATION, DALLAS, TEXAS, A/SLMR NO. 510.  MOREOVER, WHERE THE DATA
 SOUGHT IS RELEVANT AND NECESSARY TO THE PROCESSING OF A GRIEVANCE, IT
 MUST BE FURNISHED BY MANAGEMENT.  INTERNAL REVENUE SERVICE AND IRS,
 ATLANTA DISTRICT OFFICE, A/SLMR NO. 975.
 
    PREVIOUS CASES HAVE ARISEN UNDER EXECUTIVE ORDER 11491, AS AMENDED,
 (HEREIN CALLED THE ORDER) WHERE INFORMATION WAS SUPPLIED ONLY AFTER A
 FURTHER REQUEST OF THE EMPLOYER WAS MADE BY THE UNION PURSUANT TO THE
 FREEDOM OF INFORMATION ACT.  SEE DEPARTMENT OF THE TREASURY, INTERNAL
 REVENUE SERVICE, GREENSBORO DISTRICT OFFICE, A/SLMR NO. 1007;  INTERNAL
 REVENUE SERVICE, ET AL, SUPRA.  IN EACH INSTANCE THE ASSISTANT SECRETARY
 CONCLUDED THAT THE BARGAINING AGENT WAS ENTITLED TO THE MATERIAL
 REQUESTED UNDER THE ORDER;  THAT ITS SUBMISSION UNDER THE FOIA WAS
 INCOMPATIBLE WITH GOOD FAITH BARGAINING;  AND THE ISSUE WAS NOT RENDERED
 MOOT BY VIRTUE OF THE FACT THAT THE DATA WAS FURNISHED.  THUS IT WAS
 CONCLUDED THAT THE RESPECTIVE RESPONDENTS VIOLATED SECTIONS 19(A)(1) AND
 (6) OF THE ORDER BY REQUIRING THE UNION TO SEEK THE INFORMATION UNDER
 THE FOIA AND FAILING TO SUBMIT IT AS ORIGINALLY REQUESTED.
 
    IN THE CASE AT BAR RESPONDENT ATTEMPTS TO DISTINGUISH THE CITED CASES
 FROM THE ONE AT HAND.  IT ASSERTS TWO MAIN CONTENTIONS:  (1) SECTIONS
 7114(B)(4) CONTAINS LANGUAGE NOT FOUND IN THE ORDER, AND UNDER THIS
 SECTION AN AGENCY IS REQUIRED TO FURNISH DATA NOT PROHIBITED BY LAW;
 (2) A LIMITATION IS FOUND IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN
 THE PARTIES UNDER ARTICLE 9, SECTION 15(B) WHICH PROVIDES FOR A REVIEW
 OF A FILE, IN THE PROCESSING OF GRIEVANCES, ONLY IN ACCORDANCE WITH THE
 PRIVACY ACT.  /10/
 
    IT IS ARGUED BY RESPONDENT HEREIN THAT SINCE THE STATUTE REQUIRES AN
 EMPLOYEE TO SUPPLY DATA NOT PROHIBITED FORM DISCLOSURE UNDER FEDERAL
 LAW, AN AGENCY MUST DETERMINE WHETHER THE MATERIAL WOULD BE SO
 PROHIBITED.  FURTHER, THAT SINCE THE ONLY INDIVIDUAL WHO COULD MAKE SUCH
 DETERMINATION WAS THE DISCLOSURE OFFICE, PROCESSING THE REQUEST UNDER
 THE FOIA WAS, IN FACT, COMPLIANCE WITH THE REQUIREMENTS UNDER SECTION
 7114(B) OF THIS STATUTE.  THIS ARGUMENT IS REJECTED.  THE LANGUAGE OF
 THIS SECTION IS AN APPARENT ATTEMPT TO PROTECT DISCLOSURE OF INFORMATION
 WHICH IS PROTECTED THEREFROM UNDER A PARTICULAR LAW.  I DO NOT INTERPRET
 THE LANGUAGE IN SECTION 7114(B) AS PERMITTING AN EMPLOYER TO REQUIRE
 THAT THE BARGAINING AGENT SEEK DATA, WHICH IT NEEDS TO REPRESENT
 EMPLOYEES, UNDER THE FOIA.  THE FACT THAT RESPONDENT'S DISCLOSURE
 OFFICER HANDLES REQUESTS FOR RECORDS UNDER THE ACT, AND THAT HE IS THE
 PERSON WHO DETERMINES WHETHER REQUESTED MATERIAL IS EXEMPT FROM
 SUBMISSION, DOES NOT RELIEVE THE EMPLOYER FORM ITS OBLIGATION UNDER
 SECTION 7114(B).  THE ADMINISTRATIVE LAW JUDGE STATED IN INTERNAL
 REVENUE SERVICE, ET. AL.  SUPRA, THAT ENTITLEMENT TO INFORMATION UNDER
 THE ORDER IS NOT GOVERNED BY THE GUIDELINES UNDER FOIA.  IN MY OPINION
 THE LAW IN THIS RESPECT HAS NOT CHANGED UNDER THE ACT.  THE RIGHT TO
 DATA UNDER SECTION 7114(B) THEREOF IS NOT CONTROLLED BY FOIA.
 
    IN THE CASE AT BAR RESPONDENT DOES NOT CLAIM THAT THE MATERIAL
 REQUESTED BY THE UNION COULD NOT BE FURNISHED ON THE GROUND THAT ANY LAW
 PROHIBITED IT.  MOREOVER, THE INFORMATION, ALBEIT IN SANITIZED FORM, WAS
 GIVEN BY THE EMPLOYER.  WHILE THE ADEQUACY OF THE DATA SUPPLIED IS NOT
 BEFORE THE UNDERSIGNED, IT IS CLEAR TO ME THAT UNION RETAINS ITS RIGHT
 AS BARGAINING AGENT TO OBTAIN RELEVANT INFORMATION NOTWITHSTANDING THE
 EXISTENCE OF THE PRIVACY ACT OF 1974.  IN LOCAL 2047 AFGE V. DEFENSE
 GENERAL SUPPLY CENTER, 423 F. SUPP. 481(1976), THE COURT TOOK OCCASION
 TO STATE THAT CONGRESS DID NOT INTEND, UNDER THE PRIVACY ACT, TO
 PRECLUDE DISCLOSURE OF DATA TO A RECOGNIZED LABOR UNION UNDER A
 NEGOTIATED AGREEMENT;  THAT THE BARGAINING AGENT OCCUPIES A UNIQUE
 POSITION UNDER THE PRIVACY ACT AND WOULD NEED RELEVANT MATERIAL TO
 FULFILL ITS REPRESENTATIONAL DUTIES.  /11/
 
    FURTHER, I FIND NO MERIT IN THE ARGUMENT THAT SINCE THE CONTRACT
 REQUIRES THAT DATA BE SUPPLIED IN ACCORDANCE WITH THE PRIVACY ACT, IT
 WAS THEREFORE PROPERLY FURNISHED BY THE DISCLOSURE OFFICER WHO
 ADMINISTERED THAT STATUTE.  THIS CONTENTION IS AN EXTENSION OF THE SAME
 POSITION ADVANCED BY RESPONDENT IN RESPECT TO THE FOIA.  IN MY OPINION
 THE UNION WAS ENTITLED TO RECEIVE THE INFORMATION UNDER SECTION
 7114(B)(4) OF THE ACT HEREIN, AND THE FACT THAT RESPONDENT'S DISCLOSURE
 OFFICER ADMINISTERED EITHER FOIA OR THE PRIVACY ACT DOES NOT MILITATE
 AGAINST THAT RIGHT.  THUS I CONCLUDE THAT BY REQUIRING THE UNION TO
 REQUEST DATA UNDER THE FOIA, AND TREATING IT AS A MEMBER OF THE GENERAL
 PUBLIC, RESPONDENT WAS EVADING ITS OBLIGATION UNDER 7114(B) OF THE ACT.
 AS SUCH, ITS ACTION CONSTITUTED A REFUSAL TO BARGAIN IN VIOLATION OF
 SECTION 7116(A)(5).  ACCORDINGLY, I FIND THAT, HAVING FAILED TO COMPLY
 WITH THE REASON OF ITS NOT FURNISHING THE INFORMATION REQUESTED HEREIN
 UNDER THE REASON OF ITS NOT FURNISHING THE INFORMATION REQUESTED HEREIN
 UNDER THE STATUTE, RESPONDENT VIOLATED SECTION 7116(A)(1)(5) AND (8) OF
 THE ACT.
 
    IN VIEW OF THE FOREGOING I RECOMMEND THE AUTHORITY ADOPT THE
 FOLLOWING ORDER:
 
                                   ORDER
 
    PURSUANT TO SECTION 7118(A)(7) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION 2423.29 OF THE RULES AND
 REGULATIONS, IT IS HEREBY ORDERED THAT BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, NATIONAL OFFICE AND WESTERN REGION, SAN FRANCISCO, CALIFORNIA,
 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) REFUSING OR FAILING TO FURNISH, UPON REQUEST BY THE NATIONAL
 TREASURY EMPLOYEES UNION,
 
    OR ANY OTHER EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES, ALL
 INFORMATION RELEVANT TO THE
 
    PROCESSING OF A GRIEVANCE, WHICH INFORMATION IS NECESSARY TO ENABLE
 THE NATIONAL TREASURY
 
    EMPLOYER UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE, TO DISCHARGE
 ITS OBLIGATION AS THE
 
    EXCLUSIVE REPRESENTATIVE TO REPRESENT THE INTERESTS OF ALL EMPLOYEES
 IN THE EXCLUSIVELY
 
    RECOGNIZED UNIT.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS EMPLOYEES
 
    IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS
 
    STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS:
 
    (A) UPON REQUEST, MAKE AVAILABLE TO THE NATIONAL TREASURY EMPLOYEE
 UNION, OR ANY OTHER
 
    EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES, ALL INFORMATION RELEVANT
 TO THE PROCESSING OF A
 
    GRIEVANCE, WHICH INFORMATION IS NECESSARY TO ENABLE THE NATIONAL
 TREASURY EMPLOYEES UNION, OR
 
    ANY OTHER EXCLUSIVE REPRESENTATIVE, TO DISCHARGE ITS OBLIGATION AS
 THE EXCLUSIVE
 
    REPRESENTATIVE TO REPRESENT THE INTERESTS OF ALL EMPLOYEES IN THE
 EXCLUSIVELY RECOGNIZED
 
    UNIT.  /12/
 
    (B) POST AT ITS FACILITY AT THE BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, NATIONAL OFFICE
 
    AND WESTERN REGION, SAN FRANCISCO, CALIFORNIA, 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 DIRECTOR 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
 DIRECTOR SHALL TAKE REASONABLE
 
    STEPS TO INSURE THAT NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY
 ANY OTHER MATERIAL.
 
    (C) NOTIFY THE REGIONAL DIRECTOR OF REGION IX, 450 GOLDEN GATE
 AVENUE, BOX 36016, SAN
 
    FRANCISCO, CALIFORNIA 94102 IN WRITING WITHIN 30 DAYS FROM THE DATE
 OF THIS ORDER AS TO WHAT
 
    STEPS HAVE BEEN TAKEN TO COMPLY HEREWITH.
 
                         WILLIAM NAIMARK
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  MARCH 11, 1981
    WASHINGTON, D.C.
 
 
         APPENDIX PURSUANT TO A DECISION AND ORDER OF THE FEDERAL
 
          LABOR RELATIONS AUTHORITY CHAPTER 71 OF TITLE 5 OF THE
 
            UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
 
              RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT REFUSE OR FAIL TO FURNISH, UPON REQUEST BY THE NATIONAL
 TREASURY EMPLOYEES UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE OF ITS
 EMPLOYEES, ALL INFORMATION RELEVANT TO THE PROCESSING OF A GRIEVANCE,
 WHICH INFORMATION IS NECESSARY TO ENABLE THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE, TO DISCHARGE ITS
 OBLIGATION AS THE EXCLUSIVE REPRESENTATIVE TO REPRESENT THE INTERESTS OF
 ALL EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE ANY EMPLOYEE IN THE EXERCISE OF RIGHTS ASSURED BY THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
 
    WE WILL, UPON REQUEST, MAKE AVAILABLE TO THE NATIONAL TREASURY
 EMPLOYEE UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES,
 ALL INFORMATION RELEVANT TO THE PROCESSING OF A GRIEVANCE, WHICH
 INFORMATION IS NECESSARY TO ENABLE THE NATIONAL TREASURY EMPLOYEES
 UNION, OR ANY OTHER EXCLUSIVE REPRESENTATIVE, TO DISCHARGE ITS
 OBLIGATION AS THE EXCLUSIVE REPRESENTATIVE TO REPRESENT THE INTERESTS OF
 ALL EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNIT.
 
                           (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, DEFACE, OR COVERED BY ANY OTHER
 MATERIALS.
 
    IF EMPLOYEES HAVE ANY QUESTION CONCERNING THIS NOTICE OR COMPLIANCE
 WITH ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL
 DIRECTOR FOR THE FEDERAL LABOR RELATIONS AUTHORITY WHOSE ADDRESS IS:
 REGION 9, 450 GOLDEN GATE AVENUE, ROOM 11408, P.O. BOX 36016, SAN
 FRANCISCO, CALIFORNIA 94102;  TELEPHONE (415) 556-8105
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE RESPONDENT EXCEPTED TO, AMONG OTHER THINGS, THE JUDGE'S
 FAILURE TO ADDRESS ITS ARGUMENT THAT THE NEGOTIATED AGREEMENT SUPERSEDES
 ANY CONTRARY REQUIREMENTS OF SECTION 7114 OF THE STATUTE.  THE AUTHORITY
 NOTES THAT THE AGREEMENT WAS ENTERED INTO PRIOR TO THE ENACTMENT OF THE
 STATUTE, AND NO EVIDENCE WAS SUBMITTED WITH REGARD TO THE PARTIES'
 PRACTICE SUBSEQUENT TO ENACTMENT OF THE STATUTE TO SHOW A CLEAR AND
 UNMISTAKABLE WAIVER BY THE UNION OF SUCH RIGHT.  DEPARTMENT OF THE AIR
 FORCE, SCOTT AIR FORCE BASE, ILLINOIS, 5 FLRA NO. 2(1981).
 
    /2/ AS NOTED IN THE JUDGE'S DECISION AND ORDER, THE RECORD REFLECTS
 THAT THE INFORMATION REQUESTED WAS FURNISHED PURSUANT TO A REQUEST UNDER
 THE FREEDOM ON INFORMATION ACT, AND THE ADEQUACY THEREOF IS NOT AT ISSUE
 HEREIN.  THEREFORE, THE AUTHORITY DEEMS IT UNNECESSARY TO ORDER THE
 RESPONDENT TO PRODUCE THE SPECIFIC MATERIAL.
 
    /3/ RESPONDENT FAILED TO FILE A TIMELY ANSWER TO THE COMPLAINT, AND
 ON AUGUST 20, 1980 IT MOVED FOR AN EXTENSION OF TIME BASED ON
 EXTRAORDINARY CIRCUMSTANCES.  GENERAL COUNSEL OPPOSED THE MOTION AND
 ALSO MOVED FOR SUMMARY JUDGMENT BASED -N THE AFORESAID FAILURE BY
 RESPONDENT.  ON SEPTEMBER 18, 1980 THE CHIEF ADMINISTRATIVE LAW JUDGE
 ISSUED AN ORDER GRANTING AN EXTENSION OF TIME TO FILE THE ANSWER HEREIN,
 ADN DENYING THE MOTION FOR SUMMARY JUDGMENT.  HE PREDICATED HIS RULING
 ON THE NEWNESS OF THE PROCEDURES AND LACK OF PREJUDICE BY PERMITTING
 RESPONDENT TO ANSWER THE COMPLAINT.  AT THE HEARING GENERAL COUNSEL
 MOVED TO STRIKE THE ANSWER AS UNTIMELY FILED, AND THE UNDERSIGNED DENIED
 THE MOTION IN VIEW OF THE AFORESAID RULING.  IN ITS BRIEF THE GENERAL
 COUNSEL RENEWED ITS MOTION WHICH, IN ACCORD WITH THE ORDER ISSUED BY THE
 CHIEF ADMINISTRATIVE LAW JUDGE, IS HEREBY DENIED.
 
    /4/ CHAPTER 81 NTEU REPRESENTED THE UNIT EMPLOYEES AT THE WESTERN
 REGION.
 
    /5/ UNLESS OTHERWISE INDICATED, ALL DATES HEREINAFTER MENTIONED OCCUR
 IN 1980.
 
    /6/ ARTICLE 34 OF THE NEGOTIATED AGREEMENT SETS FORTH THE PROCEDURES
 FOR FILING GRIEVANCES.  IT POSES NO ISSUE FOR DETERMINATION HEREIN.
 
    /7/ THE PARTIES STIPULATED, AT THE HEARING, THAT THE DATA SOUGHT BY
 THE UNION WAS RELEVANT AND NECESSARY TO THE PROMOTION GRIEVANCE
 INVOLVING HARRISON.
 
    /8/ RECORD FACTS SHOW THAT MANAGEMENT WITHHELD POSITIONS OF THE
 RECORD CONTAINING EXEMPT INFORMATION WHICH WOULD EITHER INVADE PRIVACY
 OR BE HARMFUL TO THE EMPLOYEE.  GENERAL COUNSEL STATED AT THE HEARING IT
 DID NOT DESIRE TO LITIGATE WHETHER THE INFORMATION FURNISHED WAS
 COMPLETE, SINCE THIS ISSUE WOULD BE LITIGATED IN A SEPARATE PROCEEDING.
 THE UNDERSIGNED ADVISED THE PARTIES THAT UNLESS THE ISSUE OF ADEQUACY
 WAS RAISED IT WOULD BE INFERRED AND CONCLUDED THAT THE DATA REQUESTED
 WAS SUPPLIED;  THAT A RESOLUTION OF THIS ISSUE COULD NOT BE DEPENDENT
 UPON ANOTHER PROCEEDING IN FUTURE;  AND THAT THE ISSUE TO BE DETERMINED
 HEREIN WOULD BE WHETHER RESPONDENT VIOLATED THE ACT BY FURNISHING THE
 MATERIAL UNDER THE FOIA APART FROM THE DIRECT REQUEST MADE UNDER THE
 STATUTE.  IN VIEW OF THE FOREGOING, AND THE FAILURE OF GENERAL COUNSEL
 TO ALLEGE AND LITIGATE THAT ALL THE DATA WAS NOT SUPPLIED, I FIND AND
 CONCLUDE THE INFORMATION WAS FURNISHED, ALBEIT UNDER THE FOIA FOR THE
 MOST PART, AND THAT IS WAS ADEQUATE FOR THE PURPOSE SOUGHT BY THE UNION.
 
    /9/ THE UNION, WHICH IS REPRESENTED BY ITS OWN COUNSEL, SUBSCRIBES TO
 THESE CONTENTIONS.
 
    /10/ 5 U.S.C. 552(A).
 
    /11/ IT MAY WELL BE THAT CERTAIN ITEMS WHICH THE UNION SOUGHT HEREIN
 MIGHT HAVE BEEN EXEMPT FROM DISCLOSURE UNDER THE PRIVACY ACT IN THE FORM
 REQUESTED.  THUS, IN THE DEFENSE GENERAL SUPPLY CASES SUPRA, THE
 EMPLOYER WAS NOT REQUIRED TO SUBMIT, WITHOUT CONSENT OF THE INDIVIDUALS
 INVOLVED, THE NAMES OF EMPLOYEES ON LISTS IN RESPECT TO PROMOTIONS,
 REDUCTION IN FORCE OR ABUSE OF LEAVE.  HOWEVER, THIS ISSUE IS NOT BEFORE
 ME FOR DETERMINATION.
 
    /12/ SINCE THE RECORD REFLECTS THAT THE INFORMATION REQUESTED WAS
 FURNISHED PURSUANT TO A REQUEST UNDER THE FREEDOM OF INFORMATION ACT,
 AND THE ADEQUACY THEREOF IS NOT AT ISSUE HEREIN, I SHALL NOT RECOMMEND
 THAT RESPONDENT PRODUCE THAT SPECIFIC MATERIAL IN THE REMEDIAL ORDER.
 SEE INTERNAL REVENUE SERVICE, IRS, ATLANTA DISTRICT OFFICE, SUPRA.