09:0188(29)CA - Treasury, Bureau of Alcohol, Tobacco and Firearms and its Midwest Region and NTEU -- 1982 FLRAdec CA



[ v09 p188 ]
09:0188(29)CA
The decision of the Authority follows:


 9 FLRA No. 29
 
 DEPARTMENT OF THE TREASURY
 BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS AND ITS MIDWEST REGION
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                            Case No. 5-CA-845
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE AUTHORITY" IN ACCORDANCE WITH
 SECTION 2429.1 OF THE AUTHORITY'S RULES AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 PARTIES' STIPULATION OF FACTS, THE AUTHORITY FINDS:
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1)
 AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
 STATUTE) WHEN IT FAILED AND REFUSED TO COMPLY WITH SECTION 7113(A) OF
 THE STATUTE.  THUS, THE RESPONDENT REFUSED TO GRANT OFFICIAL TIME TO
 STEVEN F. BRANDWEIN, THE DESIGNATED UNION REPRESENTATIVE, FOR
 NEGOTIATIONS CONDUCTED ON JULY 24, 1980, OVER THE IMPACT AND
 IMPLEMENTING PROCEDURES OF THE RESPONDENT'S INTENDED CLOSING OF 4
 POSTS-OF-DUTY LOCATED IN ITS MIDWEST REGION.  MOREOVER, RESPONDENT
 REFUSED TO PROCESS BRANDWEIN'S REQUEST FOR REIMBURSEMENT OF TRAVEL AND
 PER DIEM EXPENSES FOR SAID NEGOTIATIONS.  RESPONDENT TOOK THE POSITION
 THAT ITS CONDUCT DID NOT VIOLATE THE STATUTE AS INTERPRETED IN
 INTERPRETATION AND GUIDANCE, 2 FLRA 264(1979).
 
    THE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY IDENTICAL TO
 THOSE INVOLVED IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN
 REGION, DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA
 NO. 40(1980), ENFORCED SUB NOM. BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
 V. FEDERAL LABOR RELATIONS AUTHORITY, NO. 80-7673(9TH CIR. MAR. 22,
 1982).  THUS, FOR THE REASONS MORE FULLY STATED IN BUREAU OF ALCOHOL,
 TOBACCO AND FIREARMS, SUPRA, THE AUTHORITY FINDS THAT THE RESPONDENT
 HEREIN HAS FAILED AND REFUSED TO COMPLY WITH SECTION 7131(A) OF THE
 STATUTE AND THEREFORE HAS VIOLATED SECTION 7116(A)(1) AND (8) OF THE
 STATUTE.
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
 AUTHORITY AND SECTION 7118 OF THE STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS AND ITS MIDWEST REGION SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE OFFICIAL TIME AND PAYMENT OF
 PROPERLY DOCUMENTED TRAVEL
 
    AND PER DIEM EXPENSES TO STEVEN F. BRANDWEIN AS A RESULT OF HIS
 PARTICIPATION PURSUANT TO
 
    SECTION 7131(A) OF THE STATUTE AS THE DULY DESIGNATED REPRESENTATIVE
 OF THE NATIONAL TREASURY
 
    EMPLOYEES UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN
 NEGOTIATIONS CONDUCTED JULY 24,
 
    1980, OVER THE IMPACT AND IMPLEMENTING PROCEDURES OF A PLANNED CHANGE
 IN CONDITIONS OF
 
    EMPLOYMENT.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS 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) PAY STEVEN F. BRANDWEIN, BASED UPON HIS PREVIOUSLY SUBMITTED
 VOUCHER, FOR HIS TRAVEL
 
    AND PER DIEM EXPENSES INCURRED AS A RESULT OF HIS PARTICIPATION,
 PURSUANT TO SECTION 7131(A)
 
    OF THE STATUTE, AS THE DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL
 TREASURY EMPLOYEES UNION
 
    IN NEGOTIATIONS CONDUCTED JULY 24, 1980, OVER THE IMPACT AND
 IMPLEMENTING PROCEDURES OF A
 
    PLANNED CHANGE IN CONDITIONS OF EMPLOYMENT AND MAKE HIM WHOLE FOR THE
 ANNUAL LEAVE HE UTILIZED
 
    ON THAT DATE.
 
    (B) POST AT ITS FACILITIES IN THE MIDWEST REGION COPIES OF THE
 ATTACHED NOTICE ON FORMS TO
 
    BE FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY
 SHALL BE SIGNED BY THE
 
    REGIONAL REGULATORY ADMINISTRATOR AND SHALL BE POSTED AND MAINTAINED
 BY HIM FOR 60 CONSECUTIVE
 
    DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS
 AND OTHER PLACES WHERE
 
    NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED.  THE ADMINISTRATOR 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 5, 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., JUNE 23, 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 OFFICIAL TIME AND PAYMENT OF
 PROPERLY DOCUMENTED TRAVEL AND PER DIEM EXPENSES TO STEVEN F. BRANDWEIN
 AS A RESULT OF HIS PARTICIPATION, PURSUANT TO SECTION 7131(A) OF THE
 STATUTE, AS THE DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY
 EMPLOYEES UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN
 NEGOTIATIONS CONDUCTED JULY 24, 1980, OVER THE IMPACT AND IMPLEMENTING
 PROCEDURES OF THE PLANNED CHANGE IN CONDITIONS OF EMPLOYMENT.
 
    WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
 OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS AS ASSURED BY
 THE STATUTE.
 
    WE WILL PAY STEVEN F. BRANDWEIN, BASED UPON HIS PREVIOUSLY SUBMITTED
 VOUCHER, FOR HIS TRAVEL AND PER DIEM EXPENSES INCURRED AS A RESULT OF
 HIS PARTICIPATION PURSUANT TO SECTION 7131(A) OF THE STATUTE, AS THE
 DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION
 IN NEGOTIATIONS CONDUCTED JULY 24, 1980, OVER THE IMPACT AND
 IMPLEMENTING PROCEDURES OF A PLANNED CHANGE IN CONDITIONS OF EMPLOYMENT
 AND MAKE HIM WHOLE FOR THE ANNUAL LEAVE HE UTILIZED ON THAT DATE.
 
                           (AGENCY OR ACTIVITY)
 
    DATED:  BY:  (SIGNATURE)
 
    THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
 OF POSTING AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER
 MATERIAL.
 
    IF EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE, OR COMPLIANCE
 WITH ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL
 DIRECTOR, REGION 5, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS
 SUITE 1359-A,