09:0246(34)CA - EEOC, HQ, Washington, DC and National Council of EEOC Locals, No. 216, AFGE -- 1982 FLRAdec CA

 9 FLRA No. 34
 
 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
 HEADQUARTERS, WASHINGTON, D.C.
 Respondent
 
 and
 
 NATIONAL COUNCIL OF EEOC LOCALS, NO. 216,
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Charging Party
 
                                            Case No. 3-CA-1068
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S ORDER TRANSFERRING THE CASE TO THE AUTHORITY IN ACCORDANCE
 WITH SECTION 2429.1(A) (5 CFR 2429.1(A)) OF THE AUTHORITY'S RULES AND
 REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE,
 INCLUDING THE PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS AND
 BRIEFS SUBMITTED BY THE RESPONDENT AND THE GENERAL COUNSEL, THE
 AUTHORITY FINDS:  SINCE ON OR ABOUT MARCH 1980, AND AT ALL TIMES
 MATERIAL HEREIN, THE RESPONDENT HAS FAILED AND REFUSED, AND CONTINUES TO
 FAIL AND REFUSE TO REIMBURSE UNION NEGOTIATORS, WHO HAD BEEN AUTHORIZED
 OFFICIAL TIME, FOR TRAVEL AND PER DIEM EXPENSES INCURRED IN REGARD TO
 COLLECTIVE-BARGAINING NEGOTIATIONS FOR EXPERIMENTAL FLEXITIME SCHEDULES
 AT SELECTED FIELD LOCATIONS.  THE GENERAL COUNSEL ISSUED A COMPLAINT
 ALLEGING A VIOLATION OF SECTIONS 7116(A)(1), (5) AND (8) OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) BASED UPON THE
 RESPONDENT'S CONCEDED REFUSAL TO REIMBURSE UNION NEGOTIATORS FOR SUCH
 EXPENSES.
 
    THE UNDISPUTED FACTS, AS STIPULATED BY THE PARTIES, ARE AS FOLLOWS:
 THE UNION HEREIN IS THE EXCLUSIVE REPRESENTATIVE OF A NATIONWIDE
 BARGAINING UNIT OF PROFESSIONAL AND NONPROFESSIONAL EQUAL EMPLOYMENT
 OPPORTUNITY COMMISSION (EEOC) EMPLOYEES.  THE UNION AND THE RESPONDENT
 ENTERED INTO NEGOTIATIONS TO SELECT AN EXPERIMENTAL FLEXITIME SCHEDULE
 IN 14 DESIGNATED PARTICIPATING OFFICES OF EEOC.  THE RESPONDENT,
 ALTHOUGH