Treasury, IRS and Treasury, IRS, Austin District and NTEU and NTEU Chapter 52; Treasury, IRS and Treasury, IRS, Dallas District and NTEU and NTEU Chapter 46; Treasury, IRS and Treasury, IRS, Southwestern Region and NTEU and NTEU Chapter 91




[ v08 p578 ]
08:0578(110)CA
The decision of the Authority follows:


 8 FLRA No. 110
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE,
 AUSTIN DISTRICT
 Respondent
 
 and
                                            Case Nos. 6-CA-636
                                                      6-CA-755
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 52
 Charging Party
 
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE,
 DALLAS DISTRICT
 Respondent
 
 and
                                            Case No. 6-CA-644
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 46
 Charging Party
 
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE,
 SOUTHWESTERN REGION
 Respondent
 
 and
                                            Case No. 6-CA-746
 
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 91
 Charging Party
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED DECISION IN THE
 ABOVE-ENTITLED PROCEEDING 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.
 THEREAFTER, THE RESPONDENT FILED EXCEPTIONS TO THE JUDGE'S DECISION AND
 THE GENERAL COUNSEL FILED AN OPPOSITION TO THE RESPONDENT'S EXCEPTIONS.
 
    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.  /1/ UPON CONSIDERATION OF
 THE JUDGE'S DECISION AND THE ENTIRE RECORD, THE AUTHORITY HEREBY ADOPTS
 THE JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.  /2/
 
                                   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:
 
    IN CASE NOS. 6-CA-636 AND 6-CA-755, THE UNITED STATES DEPARTMENT OF
 THE TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF
 THE TREASURY, INTERNAL REVENUE SERVICE, AUSTIN DISTRICT SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO JOHN AGEE, ARLIE SMITH,
 ANTONIO OVALLE, OR ANY OTHER
 
    BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL
 TREASURY EMPLOYEES UNION,
 
    CHAPTER 52, 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 EMPLOYEES' REGULAR WORK HOURS AND
 WHEN THEY 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 ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE UNION REPRESENTATIVES JOHN AGEE, ARLIE SMITH, AND ANTONIO
 OVALLE OFFICIAL TIME
 
    WHILE THEY WERE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 52, THE
 
    EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN COLLECTIVE BARGAINING
 NEGOTIATIONS BETWEEN MARCH 13,
 
    1980 AND JULY 23, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED
 DURING THE
 
    EMPLOYEES' REGULAR WORK HOURS AND WHEN THEY WOULD OTHERWISE HAVE BEEN
 IN A WORK OR PAID LEAVE
 
    STATUS, AND MAKE THEM WHOLE FOR ANY ANNUAL LEAVE UTILIZED, AND UPON
 SUBMISSION OF APPROPRIATE
 
    VOUCHERS, PAY TO JOHN AGEE, ARLIE SMITH, AND ANTONIO OVALLE WHATEVER
 TRAVEL AND PER DIEM
 
    EXPENSES EMPLOYEES ENGAGED IN OFFICAL AGENCY BUSINESS WOULD BE
 ENTITLED.
 
    (B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
 OF THE ATTACHED
 
    NOTICE MARKED "APPENDIX A" ON FORMS TO BE FURNISHED BY THE FEDERAL
 LABOR RELATIONS
 
    AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY AN
 AUTHORIZED REPRESENTATIVE
 
    AND SHALL BE POSTED AND MAINTAINED FOR 60 CONSECUTIVE DAYS
 THEREAFTER, IN CONSPICUOUS PLACES,
 
    INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO
 EMPLOYEES ARE CUSTOMARILY
 
    POSTED.  REASONABLE STEPS SHALL BE TAKEN TO INSURE THAT SUCH NOTICES
 ARE NOT ALTERED, DEFACED,
 
    OR COVERED BY ANY OTHER MATERIAL.
 
    (C) NOTIFY THE REGIONAL DIRECTOR OF REGION VI, 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.
 
    IN CASE NO. 6-CA-644, THE UNITED STATES DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE, DALLAS DISTRICT SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO LOUISE VAN RIDDELL, OR ANY
 OTHER BARGAINING UNIT
 
    EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 46, 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 INTERFERRING 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 UNION REPRESENTATIVE LOUISE VAN RIDDELL OFFICIAL TIME
 WHILE SHE WAS ENGAGED IN
 
    REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, THE
 EMPLOYEES' EXCLUSIVE
 
    REPRESENTATIVE, IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN
 DECEMBER 18, 1979 AND DECEMBER
 
    11, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED DURING THE
 EMPLOYEE'S REGULAR WORK HOURS
 
    AND WHEN SHE WOULD OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE
 STATUS, AND MAKE HER WHOLE FOR
 
    ANY ANNUAL LEAVE UTILIZED, AND UPON SUBMISSION OF AN APPROPRIATE
 VOUCHER, PAY TO LOUISE VAN
 
    RIDDELL WHATEVER TRAVEL AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN
 OFFICIAL AGENCY BUSINESS
 
    WOULD BE ENTITLED.
 
    (B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
 OF THE ATTACHED
 
    NOTICE MARKED "APPENDIX B" ON FORMS TO BE FURNISHED B Y THE FEDERAL
 LABOR RELATIONS
 
    AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE POSTED AND
 MAINTAINED FOR 60 CONSECUTIVE
 
    DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS
 AND OTHER PLACES WHERE
 
    NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.  REASONABLE STEPS SHALL
 BE TAKEN TO INSURE THAT
 
    SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER
 MATERIAL.
 
    (C) NOTIFY THE REGIONAL DIRECTOR OF REGION VI, 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.
 
    IN CASE NO. 6-CA-746, THE UNITED STATES DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE, SOUTHWESTERN REGION SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO CHESTER O. STEWART, WILLIAM J.
 BAUER, OR ANY OTHER
 
    BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL
 TREASURY EMPLOYEES UNION,
 
    CHAPTER 91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING
 UNION-AGENCY NEGOTIATIONS OF A
 
    COLLECTIVE BARGAINING AGREEMENT, OFFICAL TIME FOR SUCH PARTICIPATION,
 INCLUDING NECESSARY
 
    TRAVEL TIME AS OCCURS DURING THE EMPLOYEES' REGULAR WORK HOURS AND
 WHEN THE EMPLOYEES 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 ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM J.
 BAUER OFFICIAL TIME
 
    WHILE THEY WERE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 91, THE
 
    EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN COLLECTIVE BARGAINING
 NEGOTIATIONS BETWEEN APRIL 24,
 
    1980 AND MAY 16, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED
 DURING THE
 
    EMPLOYEES' REGULAR WORK HOURS AND WHEN THEY WOULD OTHERWISE HAVE BEEN
 IN A WORK OR PAID LEAVE
 
    STATUS, AND MAKE THEM WHOLE FOR ANY ANNUAL LEAVE UTILIZED, AND UPON
 SUBMISSION OF APPROPRIATE
 
    VOUCHERS, PAY TO CHESTER O. STEWART AND WILLIAM J. BAUER WHATEVER
 TRAVEL AND PER DIEM EXPENSES
 
    EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
 
    (B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
 OF THE ATTACHED
 
    NOTICE MARKED "APPENDIX C" ON FORMS TO BE FURNISHED BY THE FEDERAL
 LABOR RELATIONS
 
    AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY AN
 AUTHORIZED REPRESENTATIVE
 
    AND SHALL BE POSTED AND MAINTAINED FOR 60 CONSECUTIVE DAYS
 THEREAFTER, IN CONSPICUOUS PLACES,
 
    INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO
 EMPLOYEES ARE CUSTOMARILY
 
    POSTED.  REASONABLE STEPS SHALL BE TAKEN TO INSURE THAT SUCH NOTICES
 ARE NOT ALTERED, DEFACED,
 
    OR COVERED BY ANY OTHER MATERIAL.
 
    (C) NOTIFY THE REGIONAL DIRECTOR OF REGION VI, 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
 
 
 
 
 
        APPENDIX A 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 JOHN AGEE, ARLIE SMITH,
 ANTONIO OVALLE, OR ANY OTHER BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN
 REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, 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 EMPLOYEES' REGULAR
 WORK HOURS AND WHEN THE EMPLOYEES 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 UNION REPRESENTATIVES JOHN AGEE, ARLIE SMITH, AND
 ANTONIO OVALLE, OFFICIAL TIME WHILE THEY WERE ENGAGED IN REPRESENTING
 THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, THE EMPLOYEES'
 EXCLUSIVE REPRESENTATIVE, IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN
 MARCH 13, 1980 AND JULY 23, 1980, INCLUDING NECESSARY TRAVEL TIME AS
 OCCURRED DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE
 EMPLOYEES
 WOULD OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM
 WHOLE FOR ANY ANNUAL LEAVE UTILIZED, AND, UPON SUBMISSION OF APPROPRIATE
 VOUCHERS, PAY TO JOHN AGEE, ARLIE SMITH, AND ANTONIO OVALLE WHATEVER
 TRAVEL AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN OFFICIAL AGENCY
 BUSINESS WOULD BE ENTITLED.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  BY:  (SIGNATURE) (TITLE)
 
    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 VI, BRYAN
 AND ERVAY STREET, ROOM 450, P. O. BOX 2640, DALLAS, TEXAS 75221, AND
 WHOSE TELEPHONE NUMBER IS (214) 767-4996
 
 
 
 
        APPENDIX B 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 LOUISE VAN RIDDELL, OR ANY
 OTHER BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE
 NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, 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 EMPLOYEES' REGULAR WORK HOURS
 AND WHEN THE EMPLOYEES 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 UNION REPRESENTATIVE LOUISE VAN RIDDELL OFFICIAL TIME
 WHILE SHE WAS ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 46, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN
 COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN DECEMBER 18, 1979 AND
 DECEMBER 11, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED DURING
 HER REGULAR WORK HOURS AND WHEN SHE WOULD OTHERWISE HAVE BEEN IN A WORK
 OR PAID LEAVE STATUS, AND MAKE HER WHOLE FOR ANY ANNUAL LEAVE UTILIZED,
 AND, UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO LOUISE VAN RIDDELL
 WHATEVER TRAVEL AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN OFFICIAL
 AGENCY BUSINESS WOULD BE ENTITLED.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  BY:  (SIGNATURE) (TITLE)
 
    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 VI, BRYAN
 AND ERVAY STREET, ROOM 450, P. O. BOX 2640, DALLAS, TEXAS 75221, AND
 WHOSE TELEPHONE NUMBER IS (214) 767-4996
 
 
 
 
        APPENDIX C PURSUANT TO A DECISION AND ORDER OF THE FEDERAL
 
           LABOR RELATIONS AUTHORITY AND IN ORDER 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 CHESTER O. STEWART, WILLIAM
 J. BAUER, OR ANY OTHER BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN
 REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, 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 EMPLOYEES' REGULAR
 WORK HOURS AND WHEN THE EMPLOYEES 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 UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM
 J. BAUER OFFICIAL TIME WHILE THEY WERE ENGAGED IN REPRESENTING THE
 NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN APRIL 24,
 1980 AND MAY 16, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED
 DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE EMPLOYEES WOULD
 OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM WHOLE
 FOR ANY ANNUAL LEAVE UTILIZED, AND, UPON SUBMISSION OF APPROPRIATE
 VOUCHERS, PAY TO CHESTER O. STEWART AND WILLIAM J. BAUER WHATEVER TRAVEL
 AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS
 WOULD BE ENTITLED.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  BY:  (SIGNATURE) (TITLE)
 
    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 VI, BRYAN
 AND ERVAY STREET, ROOM 450, P. O. BOX 2640, DALLAS, TEXAS 75221, AND
 WHOSE TELEPHONE NUMBER IS (214) 767-4996.
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    GARY A. ANDERSON, ESQUIRE
    WILLIAM P. LEHMAN, ESQUIRE
    FOR THE RESPONDENT
 
    SUSAN E. JELEN, ESQUIRE
    ELIZABETH A. MARTINEZ, ESQUIRE
    FOR THE GENERAL COUNSEL
 
    B. CRAIG DEATS, ESQUIRE
    FOR THE CHARGING PARTY
 
    BEFORE:  GARVIN LEE OLIVER
    ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THIS CASE AROSE PURSUANT TO THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, 5 U.S.C. 7101 ET SEQ., (THE STATUTE), AS A RESULT OF
 CONSOLIDATED UNFAIR LABOR PRACTICE COMPLAINT FILED BY THE REGIONAL
 DIRECTOR, SIXTH REGION, FEDERAL LABOR RELATIONS AUTHORITY, DALLAS,
 TEXAS, AGAINST THE UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL
 REVENUE SERVICE (IRS) AND UNITED STATES DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE, AUSTIN DISTRICT, DALLAS DISTRICT, AND
 SOUTHWEST REGION (HEREINAFTER JOINTLY REFERRED TO AS RESPONDENT OR
 SEPARATELY AS IRS, AUSTIN DISTRICT, IRS, DALLAS DISTRICT, AND IRS,
 SOUTHWEST REGION).
 
    THE COMPLAINT ALLEGED, IN SUBSTANCE, THAT RESPONDENT VIOLATED
 SECTIONS 7116(A)(1) AND (8) OF THE STATUTE BY REFUSING TO COMPLY WITH
 SECTION 7131(A) IN REFUSING TO PROVIDE, VARIOUSLY, OFFICIAL TIME FOR
 TRAVEL AND TRAVEL AND PER DIEM EXPENSES FOR AGENCY EMPLOYEES
 REPRESENTING THE UNION AT NEGOTIATIONS.  RESPONDENT ADMITS JURISDICTION,
 BUT DENIES ANY VIOLATION OF THE STATUTE.
 
    A HEARING WAS HELD IN THIS MATTER IN DALLAS, TEXAS.  BASED ON THE
 ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE WITNESSES AND
 THEIR DEMEANOR, THE EXHIBITS, STIPULATIONS, 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
 
    BACKGROUND
 
    1.  AT ALL TIMES MATERIAL HEREIN, RESPONDENT, JOINTLY AND SEPARATELY,
 IS, AND HAS BEEN, AN AGENCY WITHIN THE MEANING OF 5 U.S.C. 7103(A)(3).
 
    2.  AT ALL TIMES MATERIAL HEREIN, RESPONDENT HAS RECOGNIZED THE
 NATIONAL TREASURY EMPLOYEES UNION, A LABOR ORGANIZATION WITHIN THE
 MEANING OF 5 U.S.C. 7103(A)(4), AS THE EXCLUSIVE REPRESENTATIVE OF AN
 APPROPRIATE UNIT OF RESPONDENT'S EMPLOYEES.  IRS AND THE UNION HAVE BEEN
 PARTIES TO A MULTI-DISTRICT COLLECTIVE BARGAINING AGREEMENT COVERING
 EMPLOYEES IN THE APPROPRIATE UNIT.  AT ALL TIMES MATERIAL HEREIN, NTEU
 CHAPTER 46, 52, AND 91 HAVE BEEN THE LOCAL REPRESENTATIVES OF THE UNION
 AT THE DALLAS DISTRICT, AUSTIN DISTRICT, AND SOUTHWEST REGIONAL OFFICE,
 RESPECTIVELY, OF RESPONDENT FOR THE PURPOSE OF COLLECTIVE BARGAINING AND
 ADMINISTRATION OF THE COLLECTIVE BARGAINING AGREEMENT.
 
    CASE NO. 6-CA-636
 
    3.  ON MARCH 13, 14, 17, AND 18, 1980, THE IRS, AUSTIN DISTRICT AND
 NTEU CHAPTER 52 ENGAGED IN MID-TERM NEGOTIATIONS CONCERNING THE
 RELOCATION OF THE NORTHWEST SATELLITE OFFICE.  UNION REPRESENTATIVES
 JOHN AGEE AND ARLIE SMITH, EMPLOYEES AS DEFINED IN 5 U.S.C.
 7103(A)(2)(A), WERE ENGAGED IN THE NEGOTIATIONS.  RESPONDENT HAS REFUSED
 TO REIMBURSE JOHN AGEE AND ARLIE SMITH FOR OFFICAL TIME FOR TRAVEL AND
 TRAVEL AND PER DIEM EXPENSES INCURRED IN REGARD TO THESE NEGOTIATIONS.
 
    CASE NO. 6-CA-644
 
    4.  BEGINNING ON DECEMBER 18, 1979, AND CONCLUDING ON DECEMBER 11,
 1980, IRS, DALLAS DISTRICT AND THE UNION ENGAGED IN IMPACT AND
 IMPLEMENTATION BARGAINING NEGOTIATIONS CONCERNING THE INSTALLATION OF A
 COLLINS ACD V. TELEPHONE SYSTEM.  UNION REPRESENTATIVE LOUISE VAN
 RIDDELL, AN EMPLOYEE AS DEFINED IN 5 U.S.C. 7103(A)(2)(A), WAS ENGAGED
 IN THE NEGOTIATIONS.  RESPONDENT HAS REFUSED TO REIMBURSE LOUISE VAN
 RIDDELL FOR PER DIEM AND TRAVEL EXPENSES INCURRED IN REGARD TO THESE
 NEGOTIATIONS.
 
    CASE NO. 6-CA-746
 
    5.  ON APRIL 24 AND 25, 1980 AND MAY 15 AND 16, 1980, IRS, SOUTHWEST
 REGION AND NTEU CHAPTER 91 ENGAGED IN MID-TERM NEGOTIATIONS CONCERNING
 SUPERVISORY EVALUATION FORM 211 IN REFERENCE TO THE HANDLING OF APPEALS
 CASES.  UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM J. BAUER,
 EMPLOYEES AS DEFINED IN 5 U.S.C. 7103(A)(2)(A), WERE ENGAGED IN SOME OF
 THESE NEGOTIATIONS.  RESPONDENT HAS REFUSED TO REIMBURSE CHESTER O.
 STEWART AND WILLIAM J. BAUER FOR OFFICIAL TIME FOR TRAVEL AND PER DIEM
 AND TRAVEL EXPENSES INCURRED IN REGARD TO SUCH NEGOTIATIONS.
 
    CASE NO. 6-CA-755
 
    6.  THE IRS, AUSTIN DISTRICT AND NTEU CHAPTER 52 ENGAGED IN
 NEGOTIATIONS CONCERNING THE IMPACT AND IMPLEMENTATION OF THE RELOCATION
 OF THE CENTRALIZED SERVICE BRANCH, IRS FROM HOUSTON, TEXAS TO AUSTIN,
 TEXAS ON JUNE 3, 1980.  IN ADDITION, THE SAME PARTIES ENGAGED IN
 NEGOTIATIONS CONCERNING THE TRANSFER OF SIX IRS REVENUE AGENT GROUPS AND
 ONE IRS REVENUE OFFICER GROUP FROM THE DOWNTOWN HOUSTON IRS OFFICE TO
 THE HOUSTON NORTHWEST SATELLITE IRS OFFICE ON JULY 23, 1980.  UNION
 REPRESENTATIVES ANTONIO OVALLE AND ARLIE SMITH, EMPLOYEES AS DEFINED IN
 5 U.S.C.  7103(A)(2)(A), WERE ENGAGED IN THE NEGOTIATIONS ON JULY 23,
 1980 AND ARLIE SMITH WAS ALSO ENGAGED IN THE NEGOTIATIONS ON JUNE 3,
 1980.  RESPONDENT HAS REFUSED TO REIMBURSE ANTONIO OVALLE AND ARLIE
 SMITH OFFICIAL TIME FOR TRAVEL AND PER DIEM AND TRAVEL EXPENSES INCURRED
 IN REGARD TO THESE NEGOTIATIONS.
 
    GENERAL
 
    7.  RESPONDENT, THROUGH ITS AGENT ROBERT M. MCKEEVER, BY LETTER DATED
 JULY 11, 1980 NOTIFIED THE UNION THAT "(T)HE NTEU WAS FORMALLY NOTIFIED
 ON FEBRUARY 11, 1980 OF THE INTERNAL REVENUE SERVICE'S INTENT TO DENY
 PAYMENT OF TRAVEL AND PER DIEM FOR UNION OFFICIALS PARTICIPATING IN
 NEGOTIATIONS."
 
    8.  THE UNION REIMBURSED THE ABOVE-NAMED EMPLOYEES FOR THEIR TRAVEL
 EXPENSES, AFTER RESPONDENT REFUSED TO DO SO, WITH THE UNDERSTANDING THAT
 THE EMPLOYEES WOULD RETURN THIS MONEY TO THE UNION IF AND WHEN THE
 RESPONDENT IS REQUIRED TO PAY THE EMPLOYEES AFTER THESE PROCEEDINGS.
 
               DISCUSSION, CONCLUSIONS, AND RECOMMENDATIONS
 
    THE ISSUE PRESENTED FOR DETERMINATION IS WHETHER RESPONDENT VIOLATED
 5 U.S.C. 7131(A), THUS COMMITTING UNFAIR LABOR PRACTICES IN VIOLATION OF
 5 U.S.C. 7116(A)(1) AND (8), BY REFUSING TO PAY TRAVEL AND PER DIEM
 EXPENSES, AND BY REFUSING OFFICIAL TIME FOR TRAVEL, FOR AGENCY EMPLOYEES
 REPRESENTING THE UNION AT MID-TERM NEGOTIATIONS.
 
    THE AUTHORITY IN ITS INTERPRETATION AND GUIDANCE, 2 FLRA NO.
 31(1979) CONCLUDED THAT THE OFFICIAL TIME PROVISIONS OF SECTION 7131(A)
 ENCOMPASS ALL NEGOTIATIONS BETWEEN AN EXCLUSIVE REPRESENTATIVE AND AN
 AGENCY OF A COLLECTIVE BARGAINING AGREEMENT, INCLUDING MID-TERM
 NEGOTIATIONS AS WELL AS THE NEGOTIATION OR RENEGOTIATION OF A BASIC
 COLLECTIVE BARGAINING AGREEMENT.  THE AUTHORITY ALSO HELD THAT "WHILE AN
 EMPLOYEE IS ON OFFICIAL TIME REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN
 THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT, THAT EMPLOYEE IS
 ON PAID TIME ENTITLED TO HIS OR HER USUAL COMPENSATION AND IS NOT IN
 LEAVE STATUS." THE AUTHORITY EXPRESSLY FOUND THAT AN EMPLOYEE SO ENGAGED
 "IS CLEARLY ENGAGED ON 'OFFICIAL BUSINESS FOR THE GOVERNMENT.'" THE
 AUTHORITY CONCLUDED THAT "ANY EMPLOYEE WHO IS ON OFFICIAL TIME UNDER
 SECTION 7131 OF THE STATUTE WHILE REPRESENTING AN EXCLUSIVE
 REPRESENTATIVE IN THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT
 IS ENTITLED TO PAYMENTS FROM AGENCIES FOR THEIR DUTY TIME AND TRAVEL AND
 PER DIEM EXPENSE."
 
    RESPONDENT CONTENDS THAT THE INTERPRETATION AND GUIDANCE CONTAINED IN
 2 FLRA NO. 31 HAS NO SUPPORT IN THE CIVIL SERVICE REFORM ACT OF 1978,
 ITS LEGISLATIVE HISTORY, AND IS CONTRARY TO LONG ESTABLISHED PAST
 PRACTICES AND PRECEDENTS;  THAT RESPONDENT IS WITHOUT LEGAL AUTHORITY TO
 EXPEND APPROPRIATED FUNDS FOR THE PAYMENT OF EMPLOYEE-UNION NEGOTIATORS
 TRAVEL AND PER DIEM EXPENSES;  THAT OFFICIAL TIME DOES NOT COVER TRAVEL
 TO AND FROM BARGAINING SESSIONS;  THAT, ALTHOUGH REQUESTS HAVE BEEN MADE
 AND DENIED, ACTUAL TRAVEL VOUCHERS HAVE NOT BEEN SUBMITTED BY ALL THE
 EMPLOYEES IN QUESTION;  AND THAT WHERE AN EMPLOYEE HAS ALREADY BEEN PAID
 BY THE UNION FOR TRAVEL AND PER DIEM EXPENSES, SUCH EMPLOYEE HAS NOT
 INCURRED SUCH EXPENSES FOR PURPOSES OF REIMBURSEMENT.
 
    MOST OF THE RESPONDENT'S ARGUMENTS ARE WITHOUT MERIT IN THIS FORUM
 FOR THE REASONS GIVEN BY THE AUTHORITY IN ITS INTERPRETATION AND
 GUIDANCE, SUPRA, AND MORE RECENTLY EXPRESSED BY THE ADMINISTRATIVE LAW
 JUDGE, AND ADOPTED BY THE AUTHORITY, IN BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, WESTERN REGION, DEPARTMENT OF THE TREASURY, SAN FRANCISCO,
 CALIFORNIA AND NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 81, 4 FLRA NO.
 40(1980).  RESPONDENTS' REMAINING CONTENTION, THAT THE AGENCY EMPLOYEES
 REPRESENTING THE UNION DID NOT INCUR EXPENSES SO AS TO JUSTIFY
 REIMBURSEMENT, IS EQUALLY WITHOUT MERIT.  THIS ARGUMENT IS GROUNDED ON
 THE STIPULATION BY THE UNION THAT IT REIMBURSED THE EMPLOYEES FOR THEIR
 TRAVEL EXPENSES, AFTER RESPONDENT REFUSED TO DO SO, WITH THE
 UNDERSTANDING THAT THE EMPLOYEES WOULD RETURN THE MONEY TO THE UNION IF
 AND WHEN RESPONDENT PAID THEM FOR THEIR EXPENSES.  THIS PROCEDURE WILL
 NOT RESULT IN THE "DOUBLE REIMBURSEMENT" FEARED BY RESPONDENT.  THE
 UNION IS, IN EFFECT, MERELY LOANING OR ADVANCING THE EMPLOYEES FUNDS TO
 COVER THEIR EXPENSES UNTIL THE EMPLOYEES ARE PROPERLY REIMBURSED FOR
 SUCH EXPENSES BY RESPONDENT.  THE FACT THAT THE UNION UNDERTOOK TO
 ACCOMMODATE THE EMPLOYEES IN THIS MANNER IS IRRELEVANT TO RESPONDENT'S
 OBLIGATION.  INDEED, THE AUTHORITY NOTED IN ITS INTERPRETATION AND
 GUIDANCE, SUPRA, THAT THE REQUIREMENT THAT AGENCIES PAY TRAVEL AND PER
 DIEM EXPENSES WOULD MORE NEARLY EQUATE THE STATUS OF UNION AND
 MANAGEMENT NEGOTIATORS AS CONTEMPLATED BY CONGRESS, FACILITATE MORE
 EFFECTIVE UNION REPRESENTATION AT THE BARGAINING TABLE, AND THEREBY
 IMPLEMENT THE PURPOSE OF THE STATUTE, TO ENCOURAGE COLLECTIVE BARGAINING
 IN THE FEDERAL SECTOR.
 
    ACCORDINGLY, I CONCLUDE THAT BY ITS FAILURE AND REFUSAL TO PROVIDE
 THE ABOVE NAMED UNION REPRESENTATIVES WITH OFFICIAL TIME FOR TRAVEL AS
 OCCURRED DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE
 EMPLOYEES
 WOULD OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS AND WHATEVER
 TRAVEL AND PER DIEM EXPENSES THEY MAY HAVE BEEN ENTITLED TO WERE THEY
 CONSIDERED TO BE ON OFFICIAL AGENCY BUSINESS WHILE PERFORMING THE UNION
 REPRESENTATIONAL DUTIES, RESPONDENT FAILED AND REFUSED TO COMPLY WITH
 SECTION 7131(A) OF THE STATUTE AND THEREBY VIOLATED SECTIONS 7116(A)(1)
 AND (8) OF THE STATUTE.
 
    BASED ON THE FOREGOING FINDINGS AND CONCLUSIONS, I RECOMMEND THAT THE
 AUTHORITY ISSUE THE FOLLOWING:
 
                                   ORDER
 
                     (CASE NO. 6-CA-636 AND 6-CA-755)
 
    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 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE, AUSTIN DISTRICT SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO JOHN AGEE, ARLIE SMITH,
 ANTONIO OVALLE, OR ANY
 
    AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER
 
    52, 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 ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE UNION REPRESENTATIVES JOHN AGEE, ARLIE SMITH, AND ANTONIO
 OVALLE, OFFICIAL TIME
 
    WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 52, THE
 
    EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS
 OF A COLLECTIVE
 
    BARGAINING AGREEMENT, DURING THE PERIOD MARCH 13, 1980 TO JULY 23,
 1980, INCLUDING NECESSARY
 
    TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES' REGULAR WORK HOURS AND
 WHEN THE EMPLOYEES WOULD
 
    OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM
 WHOLE FOR ANY ANNUAL LEAVE
 
    UTILIZED, AND UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO JOHN
 AGEE, ARLIE SMITH, AND
 
    ANTONIO OVALLE WHATEVER TRAVEL AND PER DIEM EXPENSES EMPLOYEES
 ENGAGED IN OFFICIAL AGENCY
 
    BUSINESS WOULD BE ENTITLED.
 
    (B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
 OF THE ATTACHED
 
    NOTICE MARKED "APPENDIX A" ON FORMS TO BE FURNISHED BY THE AUTHORITY.
  UPON RECEIPT OF SUCH
 
    FORMS, THEY SHALL BE SIGNED BY AN AUTHORIZED REPRESENTATIVE AND SHALL
 BE POSTED AND MAINTAINED
 
    FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING
 ALL BULLETIN BOARDS AND
 
    OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.
 REASONABLE STEPS SHALL BE
 
    TAKEN TO INSURE THAT SUCH 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.
 
                         ORDER (CASE NO. 6-CA-644)
 
    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 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE, DALLAS DISTRICT SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO LOUISE VAN RIDDELL, OR ANY
 AGENCY EMPLOYEE, WHILE
 
    ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, 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 ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE UNION REPRESENTATIVE LOUISE VAN RIDDELL OFFICIAL TIME
 WHILE ENGAGED IN
 
    REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, THE EMPLOYEES'
 EXCLUSIVE REPRESENTATIVE,
 
    DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT
 DURING THE PERIOD
 
    DECEMBER 18, 1979 TO DECEMBER 11, 1980, INCLUDING NECESSARY TRAVEL
 TIME AS OCCURRED DURING THE
 
    EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE WOULD OTHERWISE
 HAVE BEEN IN A WORK OR
 
    PAID LEAVE STATUS, AND MAKE HER WHOLE FOR ANY ANNUAL LEAVE UTILIZED,
 AND UPON SUBMISSION OF AN
 
    APPROPRIATE VOUCHER, PAY TO LOUISE VAN RIDDELL WHATEVER TRAVEL AND
 PER DIEM EXPENSES EMPLOYEES
 
    ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
 
    (B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
 OF THE ATTACHED
 
    NOTICE MARKED "APPENDIX B" ON FORMS TO BE FURNISHED BY THE AUTHORITY.
  UPON RECEIPT OF SUCH
 
    FORMS, THEY SHALL BE SIGNED BY AN AUTHORIZED REPRESENTATIVE AND SHALL
 BE POSTED AND MAINTAINED
 
    FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING
 ALL BULLETIN BOARDS AND
 
    OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.
 REASONABLE STEPS SHALL BE
 
    TAKEN TO INSURE THAT SUCH 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.
 
                         ORDER (CASE NO. 6-CA-746)
 
    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 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE, SOUTHWEST REGION SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO CHESTER O. STEWART, WILLIAM J.
 BAUER, OR ANY AGENCY
 
    EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 91, 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 EMPLOYEES' REGULAR WORK HOURS AND WHEN THE
 EMPLOYEES 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 ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM J.
 BAUER OFFICIAL TIME
 
    WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 91, THE
 
    EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS
 OF A COLLECTIVE
 
    BARGAINING AGREEMENT, DURING THE PERIOD APRIL 24, 1980 TO MAY 16,
 1980, INCLUDING NECESSARY
 
    TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES' REGULAR WORK HOURS AND
 WHEN THE EMPLOYEES WOULD
 
    OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM
 WHOLE FOR ANY ANNUAL LEAVE
 
    UTILIZED, AND UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO CHESTER
 O. STEWART AND WILLIAM
 
    J. BAUER WHATEVER TRAVEL AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN
 OFFICIAL AGENCY BUSINESS
 
    WOULD BE ENTITLED.
 
    (B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
 OF THE ATTACHED
 
    NOTICE MARKED "APPENDIX C" ON FORMS TO BE FURNISHED BY THE AUTHORITY.
  UPON RECEIPT OF SUCH
 
    FORMS, THEY SHALL BE SIGNED BY AN AUTHORIZED REPRESENTATIVE AND SHALL
 BE POSTED AND MAINTAINED
 
    FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING
 ALL BULLETIN BOARDS AND
 
    OTHER PLACES WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.
 REASONABLE STEPS SHALL BE
 
    TAKEN TO INSURE THAT SUCH 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.
 
                         GARVIN LEE OLIVER
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  MARCH 16, 1981
    WASHINGTON, D.C.
 
 
 
        APPENDIX A 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 JOHN AGEE, ARLIE SMITH,
 ANTONIO OVALLE, OR ANY AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING
 THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, 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 EMPLOYEES' 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 UNION REPRESENTATIVES JOHN AGEE, ARLIE SMITH, AND
 ANTONIO OVALLE, OFFICIAL TIME WHILE ENGAGED IN REPRESENTING THE NATIONAL
 TREASURY EMPLOYEES UNION, CHAPTER 52, THE EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE
 BARGAINING AGREEMENT DURING THE PERIOD MARCH 13, 1980 TO JULY 23, 1980,
 INCLUDING NECESSARY TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES'
 REGULAR WORK HOURS AND WHEN THE EMPLOYEE WOULD OTHERWISE HAVE BEEN IN A
 WORK OR PAID LEAVE STATUS, AND MAKE THEM WHOLE FOR ANY ANNUAL LEAVE
 UTILIZED, AND, UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO JOHN
 AGEE, ARLIE SMITH, AND ANTONIO OVALLE WHATEVER TRAVEL AND PER DIEM
 EXPENSES EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE
 ENTITLED.
 
                           (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 6, BRYAN
 AND ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS
 75221, AND WHOSE TELEPHONE NUMBER IS (214) 767-4996.
 
 
 
        APPENDIX B 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 LOUISE VAN RIDDELL, OR ANY
 AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, 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 UNION REPRESENTATIVE LOUISE VAN RIDDELL OFFICIAL TIME
 WHILE SHE WAS ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES
 UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING THE PERIOD
 DECEMBER 18, 1979 TO DECEMBER 11, 1980, INCLUDING NECESSARY TRAVEL TIME
 AS OCCURRED DURING HER REGULAR WORK HOURS AND WHEN SHE WOULD OTHERWISE
 HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE HER WHOLE FOR ANY
 ANNUAL LEAVE UTILIZED, AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER,
 PAY TO LOUISE VAN RIDDELL WHATEVER TRAVEL AND PER DIEM EXPENSES
 EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
 
                           (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 6, BRYAN
 AND ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS
 75221, AND WHOSE TELEPHONE NUMBER IS (214) 767-4997.
 
 
 
        APPENDIX C 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 CHESTER O. STEWART, WILLIAM
 J. BAUER, OR ANY AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE
 NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, 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 UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM
 J. BAUER OFFICIAL TIME WHILE ENGAGED IN REPRESENTING THE NATIONAL
 TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE
 BARGAINING AGREEMENT, DURING THE PERIOD APRIL 24, 1980 TO MAY 16, 1980,
 INCLUDING NECESSARY TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES'
 REGULAR WORK HOURS AND WHEN THE EMPLOYEES WOULD OTHERWISE HAVE BEEN IN
 A
 WORK OR PAID LEAVE STATUS, AND MAKE THEM WHOLE FOR ANY ANNUAL LEAVE
 UTILIZED, AND, UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO CHESTER
 O. STEWART AND WILLIAM J. BAUER WHATEVER TRAVEL AND PER DIEM EXPENSES
 EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  BY:
 
    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 6, BRYAN
 AND ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS
 75221, AND WHOSE TELEPHONE NUMBER IS (214) 767-4996.
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE RESPONDENT CONTENDS THAT THE JUDGE ERRED IN EXCLUDING
 EVIDENCE TO THE EFFECT THAT TWO OF THE EMPLOYEES CLAIMING TRAVEL
 EXPENSES AND PER DIEM DID NOT SUBMIT VALID EXPENSE VOUCHERS IN SUPPORT
 THEREOF.  HOWEVER, NO FACTUAL ISSUE EXISTS AS TO THIS MATTER INASMUCH AS
 THE RECORD ESTABLISHES THAT ALL OF THE EMPLOYEES INVOLVED SOUGHT TRAVEL
 EXPENSES AND PER DIEM AND WERE INFORMED BY THE RESPONDENT THAT THEIR
 REQUESTS WERE DENIED.  FURTHER, THE GENERAL COUNSEL CONCEDED ON THE
 RECORD THAT TWO OF THE EMPLOYEES DID NOT SUBMIT VOUCHERS AFTER BEING
 ADVISED THAT SUCH VOUCHERS WOULD NOT BE HONORED.  IN ANY EVENT, IT IS
 NOTED IN THIS REGARD THAT THE JUDGE'S RECOMMENDED ORDER, ADOPTED HEREIN,
 REQUIRES THE RESPONDENT TO PAY WHATEVER TRAVEL AND PER DIEM EXPENSES MAY
 BE INVOLVED, BUT ONLY UPON SUBMISSION OF APPROPRIATE VOUCHERS.  THUS THE
 MATTER IS PROPERLY ONE FOR COMPLIANCE.
 
    /2/ IN AGREEMENT WITH THE JUDGE, AND BASED ON HIS REASONING, THE
 AUTHORITY FINDS THAT THE CHARGING PARTY'S TEMPORARY REIMBURSEMENT OF THE
 EMPLOYEES FOR THE AMOUNT OF THEIR PER DIEM AND TRAVEL EXPENSES HAS NO
 BEARING ON THE RESPONDENT'S DUTY TO MAKE THEM WHOLE FOR THOSE AMOUNTS
 WITHIN THE MEANING OF SECTION 7131(A) OF THE STATUTE AND THE AUTHORITY'S
 INTERPRETATION AND GUIDANCE, 2 FLRA 265(1979).  SEE ALSO BUREAU OF
 ALCOHOL, TOBACCO AND FIREARMS, WESTERN REGION, DEPARTMENT OF THE
 TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA NO. 40(1980), ENFORCED, NOS.
 80-7673, 81-7021(9TH CIR. MARCH 22, 1982).