08:0769(129)CA - Treasury, IRS and Central Region, IRS and NTEU and NTEU Chapter 80 -- 1982 FLRAdec CA



[ v08 p769 ]
08:0769(129)CA
The decision of the Authority follows:


 8 FLRA No. 129
 
 DEPARTMENT OF THE TREASURY
 INTERNAL REVENUE SERVICE AND
 CENTRAL REGION, INTERNAL
 REVENUE SERVICE
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION AND NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 80
 Charging Party
 
                                            Case No. 5-CA-560
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED HIS RECOMMENDED DECISION AND
 ORDER IN THE ABOVE-ENTITLED PROCEEDING FINDING THAT THE RESPONDENT HAD
 ENGAGED IN CERTAIN 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 RECOMMENDED DECISION AND ORDER.
 
    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 RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THIS
 CASE, THE AUTHORITY HEREBY ADOPTS THE JUDGE'S FINDINGS, CONCLUSIONS AND
 RECOMMENDATIONS.
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, IT IS HEREBY ORDERED THAT THE DEPARTMENT OF THE TREASURY,
 INTERNAL REVENUE SERVICE AND CENTRAL REGION, INTERNAL REVENUE SERVICE,
 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO JOHN KIRTLEY AND KENNETH
 MURAWSKI OR ANY AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE
 NATIONAL TREASURY EMPLOYEES UNION, AND NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 80, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING
 UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT, OFFICIAL
 TIME FOR SUCH PARTICIPATION INCLUDING NECESSARY TRAVEL TIME AS OCCURRED
 DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE EMPLOYEES WOULD
 OTHERWISE BE IN A WORK OR PAID LEAVE STATUS.  IN ADDITION, RESPONDENT
 WILL NOT FAIL OR REFUSE TO PROVIDE NECESSARY TRAVEL AND PER DIEM
 EXPENSES.
 
    (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 UNION REPRESENTATIVES JOHN KIRTLEY AND KENNETH MURAWSKI
 OFFICIAL TIME FOR THE PERFORMANCE OF THEIR REPRESENTATIONAL DUTIES ON
 JUNE 18, 1980 FOR THE TIME WHEN THEY WOULD OTHERWISE HAVE BEEN IN A WORK
 OR PAID LEAVE STATUS, AND MAKE THEM WHOLE FOR THE ANNUAL LEAVE THEY
 UTILIZED ON THAT DATE, AND UPON SUBMISSION OF AN APPROPRIATE VOUCHER,
 PAY TO JOHN KIRTLEY AND KENNETH MURAWSKI WHATEVER TRAVEL AND PER DIEM
 EXPENSES AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE
 ENTITLED.
 
    (B) POST AT ITS VARIOUS OFFICES IN THE CENTRAL REGION OF THE INTERNAL
 REVENUE SERVICE WHEREIN UNIT EMPLOYEES ARE LOCATED, 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 AN
 AUTHORIZED REPRESENTATIVE, AND SHALL BE POSTED AND MAINTAINED BY SAID
 REPRESENTATIVE 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, REGION V, 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 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 JOHN KIRTLEY AND KENNETH
 MURAWSKI OR ANY AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE
 NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 80, THE EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE
 BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION INCLUDING
 NECESSARY TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES' REGULAR WORK
 HOURS AND WHEN THE EMPLOYEES WOULD OTHERWISE BE IN A WORK OR PAID LEAVE
 STATUS.  IN ADDITION, WE WILL NOT FAIL OR REFUSE TO PROVIDE NECESSARY
 TRANSPORTATION AND PER DIEM EXPENSES.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFACE WITH, RESTRAIN
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE
 STATUTE.
 
    WE WILL PROVIDE UNION REPRESENTATIVES JOHN KIRTLEY AND KENNETH
 MURAWSKI OFFICIAL TIME FOR THE PERFORMANCE OF THEIR REPRESENTATIONAL
 DUTIES ON JUNE 18, 1980 FOR THE TIME WHEN THEY WOULD OTHERWISE HAVE BEEN
 IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM WHOLE FOR THE ANNUAL LEAVE
 UTILIZED ON THAT DATE AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER,
 PAY TO JOHN KIRTLEY AND KENNETH MURAWSKI WHATEVER TRAVEL AND PER DIEM
 EXPENSES AN EMPLOYEE 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 OF COMPLIANCE
 WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR, REGION V, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  175 W. JACKSON BLVD., SUITE A-1359, CHICAGO, ILLINOIS
 60604, AND WHOSE TELEPHONE NUMBER IS:  (312) 886-3468.
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    DEPARTMENT OF THE TREASURY
    INTERNAL REVENUE SERVICE AND
    CENTRAL REGION, INTERNAL REVENUE SERVICE
                                RESPONDENT
 
    AND
 
    NATIONAL TREASURY EMPLOYEES UNION AND
    NATIONAL TREASURY EMPLOYEES UNION
    CHAPTER 80
                              CHARGING PARTY
 
                             CASE NO. 5-CA-560
 
    JAMES E. ROGERS, JR., ESQUIRE
                            FOR THE RESPONDENT
 
    SANDRA LEBOLD, ESQUIRE
                          FOR THE GENERAL COUNSEL
 
    MICHAEL BARKOW, ESQUIRE
                          FOR THE CHARGING PARTY
 
    BEFORE:  FRANCIS E. DOWD
                         ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THIS MATTER AROSE UNDER THE PROVISIONS OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, 92 STAT. 1191, 5 U.S.C. 7101 ET
 SEQ., (HEREIN REFERRED TO AS THE STATUTE).  ESSENTIALLY, THE CASE
 INVOLVES WHETHER RESPONDENT IS OBLIGATED UNDER THE STATUTE TO GRANT
 OFFICIAL TIME, TRAVEL AND PER DIEM EXPENSES TO A EMPLOYEE-UNION
 REPRESENTATIVES RELATIVE TO THEIR PARTICIPATION IN COLLECTIVE BARGAINING
 NEGOTIATIONS WITH THE RESPONDENT.
 
    UPON AN UNFAIR LABOR PRACTICE CHARGE FILED ON MAY 28, 1980, THE
 GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY, BY THE
 REGIONAL DIRECTOR FOR REGION 5, ISSUED A COMPLAINT AND NOTICE OF HEARING
 ON JULY 30, 1980 ALLEGING THAT THE DEPARTMENT OF THE TREASURY, INTERNAL
 REVENUE SERVICE AND CENTRAL REGION, INTERNAL REVENUE SERVICE (THE
 RESPONDENT), ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE MEANING OF
 SECTIONS 7116(A)(1) AND (8) OF THE STATUTE BY REFUSING TO GRANT JOHN
 KIRTLEY AND KENNETH MURAWSKI, REPRESENTATIVES OF THE NATIONAL TREASURY
 EMPLOYEES UNION AND NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 80, (THE
 UNION) OFFICIAL TIME IN WHICH TO ENGAGE IN MID-TERM CONTRACT
 NEGOTIATIONS OVER THE IMPACT AND IMPLEMENTATION OF RESPONDENT'S DECISION
 TO USE THE OPEN-SPACE CONCEPT AT ITS DETROIT APPEAL OFFICE.  RESPONDENT
 DENIED THE COMMISSION OF ANY UNFAIR LABOR PRACTICE AND A HEARING BEFORE
 THE UNDERSIGNED WAS CONDUCTED ON NOVEMBER 7, 1980.
 
    AT THE HEARING ALL PARTIES WERE REPRESENTED BY COUNSEL AND AFFORDED
 FULL OPPORTUNITY TO ADDUCE EVIDENCE AND CALL, EXAMINE AND CROSS-EXAMINE
 WITNESSES.  BRIEFS WERE FILED BY RESPONDENT AND COUNSEL FOR THE GENERAL
 COUNSEL.
 
    UPON THE ENTIRE RECORD IN THIS MATTER, MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, AND FROM MY EVALUATION OF THE EVIDENCE, I
 MAKE THE FOLLOWING:
 
                             FINDINGS OF FACT
 
    1.  AT ALL TIMES MATERIAL, THE NATIONAL TREASURY EMPLOYEES UNION AND
 THE NATIONAL TREASURY EMPLOYEES UNION CHAPTER 80 HAVE BEEN THE EXCLUSIVE
 COLLECTIVE BARGAINING REPRESENTATIVE FOR AN APPROPRIATE UNIT OF
 RESPONDENT'S EMPLOYEES.  HEADQUARTERS FOR THE INTERNAL REVENUE SERVICE'S
 CENTRAL REGION IS LOCATED IN CINCINNATI, OHIO, AND THE REGION IS
 COMPOSED OF VARIOUS SATELLITE OFFICES INCLUDING POST OF DUTY OFFICES AND
 BRANCH OFFICES.
 
    2.  BY LETTER DATED MARCH 6, 1980 AND MARCH 14, 1980 THE UNION
 SUBMITTED PROPOSALS FOR NEGOTIATIONS ON THE IMPACT AND IMPLEMENTATION OF
 MOVING THE DETROIT APPEALS OFFICE TO CHANGE THE PRESENT CLOSED-OFFICE
 ARRANGEMENT TO AN OPEN-SPACE ARRANGEMENT.  THE LETTERS WERE SIGNED BY
 JOHN KIRTLEY, PRESIDENT NTEU CHAPTER 80.  ON MAY 14, 1980, KIRTLEY AND
 EDWIN L. FRANZ, CHIEF PERSONNEL OPERATIONS SECTION COMMUNICATED BY
 TELEPHONE REGARDING THE NEGOTIATIONS.  A DATE FOR THE NEGOTIATIONS WAS
 SELECTED AND FRANZ STATED THAT TRAVEL EXPENSES WOULD NOT BE PAID FOR
 UNION NEGOTIATORS AND OFFICIAL TIME WOULD BE ALLOWED ONLY FOR TIME SPENT
 AT THE BARGAINING TABLE.  AT KIRTLEY'S REQUEST, FRANZ CONFIRMED THE
 CONVERSATION IN WRITING IN A LETTER DATED MAY 15, 1980.  KIRTLEY HAD
 REQUESTED THAT THE NEGOTIATIONS BE HELD IN DETROIT, MICHIGAN SO THE TEAM
 COULD SEE THE PHYSICAL FACILITIES BUT FRANZ MAINTAINED THAT THE
 RESPONDENT WANTED THE SESSION TO BE HELD IN CINCINNATI, OHIO.  THE
 NEGOTIATIONS WERE SCHEDULED FOR JUNE 18, 1980, AT 10:00 A.M. AT THE
 CINCINNATI FEDERAL OFFICE BUILDING.
 
    3.  KIRTLEY INFORMED THE OTHER MEMBERS OF THE UNION'S NEGOTIATING
 TEAM INCLUDING KENNETH J. MURAWSKI, A STEWARD AND CHAPTER 80 VICE
 PRESIDENT FROM DETROIT, MICHIGAN OF THE DATE AND TIME FOR THE
 NEGOTIATIONS.  HE ALSO INFORMED MURAWSKI THAT THE RESPONDENT WOULD NOT
 PAY TRAVEL EXPENSES AND THAT OFFICIAL TIME WOULD ONLY BE GRANTED FOR
 TIME SPENT IN THE NEGOTIATIONS.
 
    4.  ON JUNE 18, 1980, UNION AND RESPONDENT NEGOTIATORS MET IN
 CINCINNATI AS SCHEDULED.  THE UNION WAS REPRESENTED BY JOHN KIRTLEY, KEN
 MURAWSKI, EDWARD BLASKY, CHIEF STEWARD, CINCINNATI APPEALS DIVISION AND
 JOSEPH KAPLAN, ASSISTANT COUNSEL, NTEU (NOT AN IRS EMPLOYEE).  THE
 RESPONDENT WAS REPRESENTED BY FOUR MANAGEMENT OFFICIALS.  THE SESSION
 BEGAN AT APPROXIMATELY 10:30 A.M. AND ENDED AT 4:45 P.M.
 
    5.  THE SPECIFIC DETAILS CONCERNING OFFICIAL TIME, TRAVEL AND PER
 DIEM EXPENSES FOR KIRTLEY AND MURAWSKI ARE AS FOLLOWS:
 
    A.  ON JUNE 18, 1980, KIRTLEY LEFT HIS HOME IN INDIANAPOLIS AT 6:30
 A.M. AND ARRIVED AT THE CINCINNATI FEDERAL BUILDING AT 10:30 A.M.  HE
 IMMEDIATELY RETURNED TO HIS HOME WHEN THE SESSION WAS OVER AT 4:45 P.M.
 HE TRAVELLED TO CINCINNATI IN HIS PRIVATE AUTOMOBILE.  THE DISTANCE WAS
 APPROXIMATELY 242 MILES ROUND TRIP.  HE PAID $4.00 FOR PARKING AND ATE
 LUNCH AND DINNER WHILE IN TRAVEL STATUS.  IN VIEW OF HIS PRIOR
 CONVERSATION WITH FRANZ, KIRTLEY DID NOT SUBMIT A VOUCHER FOR PAYMENT.
 TO DO SO WOULD HAVE BEEN A FUTILE ACT AND, THEREFORE, WAS NOT NECESSARY.
  BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, 4 FLRA NO. 40.  UNDER PROTEST,
 HE TOOK THREE HOURS ANNUAL LEAVE AFTER A DISCUSSION WITH HIS MANAGER.
 THE LEAVE WAS TAKEN FOR TIME SPENT IN TRAVEL BUT NOT AT THE ACTUAL
 NEGOTIATION SESSION.  IT SHOULD BE NOTED THAT INDIANAPOLIS WAS ON
 EASTERN STANDARD TIME AND CINCINNATI ON EASTERN DAYLIGHT TIME.
 
    B.  ON JUNE 18, 1980, MURAWSKI LEFT HIS HOME IN WARREN, MICHIGAN AT
 5:00 A.M. AND FLEW TO CINCINNATI.  HE ARRIVED IN CINCINNATI AT
 APPROXIMATELY 8:30 A.M. AND ENTERED THE NEGOTIATION ROOM AT THE
 CINCINNATI FEDERAL OFFICE BUILDING PRIOR TO 10:00 A.M.  WHEN THE
 NEGOTIATIONS WERE OVER, HE IMMEDIATELY RETURNED HOME ARRIVING AT
 APPROXIMATELY 10:00 P.M.  HE INCURRED EXPENSES OF AN AIRLINE TICKET,
 MILEAGE TO AND FROM THE AIRPORT, MEALS, AND A LIMO TO AND FROM THE
 CINCINNATI FEDERAL BUILDING.  HE SUBMITTED A TRAVEL VOUCHER CLAIMING
 THESE EXPENSES AND THE RESPONDENT DISAPPROVED THE VOUCHER ON JULY 2,
 1980 BECAUSE THE TRAVEL WAS NOT OFFICIAL.
 
                     DISCUSSION AND CONCLUSIONS OF LAW
 
    THE FEDERAL SERVICE LABOR MANAGEMENT RELATIONS STATUTE, SECTION
 7131(A) PROVIDES:
 
    ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN NEGOTIATION
 OF A COLLECTIVE
 
    BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE AUTHORIZED OFFICIAL
 TIME FOR SUCH PURPOSES,
 
    INCLUDING ATTENDANCE AT IMPASSE PROCEEDINGS, 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.
 
    IN ITS INTERPRETATION AND GUIDANCE, 2 FLRA NO. 31, THE AUTHORITY
 EXPANDED UPON THE MEANING AND APPLICATION OF SECTION 7131(A) OF THE
 STATUTE.  IT CONCLUDED THAT THE OFFICIAL TIME PROVISIONS ENCOMPASS ALL
 NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN AN EXCLUSIVE
 REPRESENTATIVE AND AN AGENCY, "REGARDLESS OF WHETHER SUCH NEGOTIATIONS
 PERTAIN TO THE NEGOTIATION OR RENEGOTIATION OF A COLLECTIVE BARGAINING
 AGREEMENT." THE AUTHORITY ALSO CONCLUDED THAT EMPLOYEES REPRESENTING AN
 EXCLUSIVE REPRESENTATIVE ARE ENTITLED TO RECEIVE OFFICIAL TIME DURING
 THE TIME THEY WOULD OTHERWISE BE IN A DUTY STATUS UNDER SECTION 7131(A)
 OF THE STATUTE, WHICH ENTITLEMENT INCLUDES PAYMENTS BY THE AGENCY "FOR
 THEIR DUTY TIME AND TRAVEL AND PER DIEM EXPENSES." IN REACHING THE
 FOREGOING CONCLUSIONS, THE AUTHORITY INTERPRETED THE LANGUAGE AND
 LEGISLATIVE HISTORY OF THE STATUTE INCLUDING SECTION 7101(A) WHICH
 STATES THAT "LABOR ORGANIZATIONS AND COLLECTIVE BARGAINING IN THE CIVIL
 SERVICE ARE IN THE PUBLIC INTEREST." FURTHER, THE AUTHORITY STATED THAT
 ONLY BY AFFORDING UNION NEGOTIATORS OFFICIAL TIME, TRAVEL AND PER DIEM
 EXPENSES MAY EFFECTIVE UNION REPRESENTATION COMPARABLE TO THE
 REPRESENTATION OF MANAGEMENT BE ACHIEVED UNDER THE STATUTE, AND ONLY IN
 THIS MATTER MAY BOTH PARTIES EFFECTIVELY FULFILL THEIR RESPECTIVE
 OBLIGATIONS UNDER SECTION 7114(B) OF THE STATUTE TO MEET AT REASONABLE
 TIMES AND AS FREQUENTLY AS MAY BE NECESSARY FOR GOOD-FAITH NEGOTIATIONS
 ON CONDITIONS OF EMPLOYMENT.
 
    IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN REGION,
 DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA NO. 40,
 THE RESPONDENT CHALLENGED THE AUTHORITY'S VIEWS AND MADE THESE
 CONTENTIONS:
 
    1.  THE GUIDANCE AND INTERPRETATION CONTAINED IN 2 FLRA NO.  31 IS
 ARBITRARY AND CAPRICIOUS,
 
    AN ABUSE OF DISCRETION AND CONSTITUTES THE ESTABLISHMENT OF A POLICY
 WHICH IS BEYOND THE
 
    STATUTORY AUTHORITY OF THE AUTHORITY.
 
    2.  THE PAYMENT OF PER DIEM AND TRAVEL EXPENSES PURSUANT TO 2 FLRA
 NO. 31 IS CONTRARY TO
 
    LAW IN THAT MONEY HAS NOT BEEN SPECIFICALLY APPROPRIATED FOR THIS
 PURPOSE.
 
    THE FOREGOING ARGUMENTS, WHICH ARE AGAIN ASSERTED IN THE CASE BEFORE
 ME, WERE REJECTED BY ADMINISTRATIVE LAW JUDGE SALVATORE J. ARRIGO, WHO
 STATED AS FOLLOWS:
 
    AS AN ADMINISTRATIVE LAW JUDGE I AM CONSTRAINED TO FOLLOW THE
 AUTHORITY'S
 
    PRONOUNCEMENTS.  THEREFORE, TO ADDRESS ARGUMENTS WHICH ATTACK A
 STATUTORY INTERPRETATION MADE
 
    BY THE AUTHORITY OR QUESTION THE AUTHORITY'S POWER OR JUDGMENT IN
 TREATING A MATTER WOULD
 
    SERVE NO USEFUL PURPOSE, ESPECIALLY WHERE, AS HERE, THE AUTHORITY'S
 POSITION IS CLEAR AND
 
    UNMISTAKABLE.  ACCORDINGLY, I REJECT RESPONDENT'S ARGUMENT
 CHALLENGING THE AUTHORITY'S
 
    DISCRETION IN 2 FLRA NO. 31 AS BEING ARBITRARY AND CAPRICIOUS, AN
 ABUSE OF DISCRETION AND
 
    BEYOND ITS STATUTORY AUTHORITY.  SIMILARILY, I REJECT RESPONDENT'S
 CONTENTION THAT THE PAYMENT
 
    OF PER DIEM AND TRAVEL EXPENSES, AS REQUIRED BY THE AUTHORITY IN 2
 FLRA NO. 31, IS CONTRARY TO
 
    LAW.
 
    ON APPEAL, THE AUTHORITY AFFIRMED AND ADOPTED THE ADMINISTRATIVE LAW
 JUDGE'S DECISION.  THAT DECISION IS BINDING UPON ME AND IS EQUALLY
 APPLICABLE TO THE INSTANT PROCEEDING.
 
    IN VIEW OF THE FOREGOING, I FIND AND CONCLUDE THAT RESPONDENT FAILED
 AND REFUSED TO COMPLY WITH SECTION 7131 OF THE STATUTE AND THEREBY
 VIOLATED SECTIONS 7116(A)(1) AND (8) OF THE STATUTE BY THE FOLLOWING
 CONDUCT:  REFUSING TO GIVE TO UNION REPRESENTATIVES JOHN KIRTLEY AND
 KENNETH MURAWSKI OFFICIAL TIME FOR THEIR PARTICIPATION IN COLLECTIVE
 BARGAINING NEGOTIATIONS ON JUNE 18, 1980 INCLUDING NECESSARY TRAVEL TIME
 AS OCCURRED DURING THEIR REGULAR WORK HOURS, AND INCLUDING NECESSARY
 TRANSPORTATION AND PER DIEM EXPENSES.
 
    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 7118(A)(7) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION 2423.29 OF THE FINAL
 RULES AND REGULATIONS, IT IS HEREBY ORDERED THAT THE DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE AND CENTRAL REGION, INTERNAL REVENUE
 SERVICE, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO JOHN KIRTLEY AND KENNETH
 MURAWSKI OR ANY AGENCY
 
    EMPLOYEE, WHILE ENGAGING IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, AND NATIONAL
 
    TREASURY EMPLOYEES UNION CHAPTER 80, THE EMPLOYEE'S 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 TRAVEL
 
    AND PER DIEM EXPENSES SHALL BE PAID BY THE EMPLOYEE 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 POLICY OF THE STATUTE:
 
    (A) PROVIDE UNION REPRESENTATIVES JOHN KIRTLEY AND KENNETH MURAWSKI
 OFFICIAL TIME FOR THE
 
    PERFORMANCE OF THEIR REPRESENTATIONAL DUTIES ON JUNE 18, 1980, AND
 MAKE THEM WHOLE FOR THE
 
    ANNUAL LEAVE THEY UTILIZED ON THAT DATE, AND UPON SUBMISSION OF AN
 APPROPRIATE VOUCHER, PAY TO
 
    JOHN KIRTLEY AND KENNETH MURAWSKI WHATEVER TRAVEL AND PER DIEM
 EXPENSES AN EMPLOYEE ENGAGED IN
 
    OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
 
    (B) POST AT ITS VARIOUS OFFICES IN THE CENTRAL REGION WHEREIN UNIT
 EMPLOYEES ARE LOCATED,
 
    COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX." COPIES OF SAID
 NOTICE, TO BE FURNISHED BY
 
    THE REGIONAL DIRECTOR FOR REGION 5, 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.
 
                         FRANCIS E. DOWD
                         ADMINISTRATIVE LAW JUDGE
 
    DATED:  MARCH 16, 1981
    WASHINGTON, D.C.
 
 
 
                                 APPENDIX
 
        NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF
 
           THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO
 
          EFFECTUATE THE POLICIES OF CHAPTER 71 OF TITLE 5 OF THE
 
            UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
 
                                 RELATIONS
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL PROVIDE UNION REPRESENTATIVES JOHN KIRTLEY AND KENNETH
 MURAWSKI OFFICIAL TIME FOR THE PERFORMANCE OF THEIR REPRESENTATIONAL
 DUTIES ON JUNE 18, 1980, AND MAKE THEM WHOLE FOR THE ANNUAL LEAVE
 UTILIZED ON THAT DATE AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER,
 PAY TO JOHN KIRTLEY AND KENNETH MURAWSKI WHATEVER TRAVEL AND PER DIEM
 EXPENSES AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE
 ENTITLED.
 
    WE WILL NOT FAIL OR REFUSE TO PROVIDE TO JOHN KIRTLEY AND KENNETH
 MURAWSKI OR ANY AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE
 NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 80, THE EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, DURING UNION - AGENCY NEGOTIATIONS OF A COLLECTIVE
 BARGAINING AGREEMENT, OFFICIAL TIME 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, WE
 SHALL PAY ANY NECESSARY TRANSPORTATIO