09:0529(62)CA - Treasury, Bureau of Alcohol, Tobacco and Firearms and NTEU and NTEU Chapter 89 -- 1982 FLRAdec CA



[ v09 p529 ]
09:0529(62)CA
The decision of the Authority follows:


 9 FLRA No. 62
 
 DEPARTMENT OF THE TREASURY
 BUREAU OF ALCOHOL, TOBACCO
 AND FIREARMS
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 89
 Charging Party
 
                                            CASE NOS. 2-CA-213
                                                      2-CA-314
                                                      2-CA-381
                                                      2-CA-409
                                                      2-CA-410
                                                      2-CA-411
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
 AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1(A) OF THE AUTHORITY'S RULES
 AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THESE CASES, INCLUDING THE
 PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS AND BRIEFS
 SUBMITTED BY THE RESPONDENT, THE CHARGING PARTY AND THE GENERAL COUNSEL,
 THE AUTHORITY FINDS:
 
    THE CONSOLIDATED COMPLAINT HEREIN ALLEGES THAT THE RESPONDENT
 VIOLATED SECTION 7116(A)(1), (5) AND (8) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) /1/ BY FAILING AND
 REFUSING TO PROVIDE EMPLOYEES SERVING AS UNION NEGOTIATORS WITH OFFICIAL
 TIME FOR TIME SPENT IN NEGOTIATIONS WITH RESPONDENT AND FOR TRAVEL TIME
 TO AND FROM SUCH NEGOTIATIONS AND BY FAILING TO REIMBURSE SUCH EMPLOYEES
 FOR PER DIEM AND TRAVEL EXPENSES INCURRED IN CONNECTION WITH
 NEGOTIATIONS WITH THE RESPONDENT.
 
    THE NATIONAL TREASURY EMPLOYEES UNION (NTEU), CHAPTER 89, IS THE
 EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL NONPROFESSIONAL GENERAL
 SCHEDULE AND WAGE GRAD EMPLOYEES EMPLOYED BY THE REGIONAL OFFICES OF THE
 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY AND
 EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, CONFIDENTIAL EMPLOYEES,
 PROFESSIONAL EMPLOYEES, ALL EMPLOYEES OF THE CRIMINAL ENFORCEMENT
 DIVISIONS OF THE VARIOUS REGIONS OF THE BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, EMPLOYEES ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
 CLERICAL CAPACITY AND GUARDS.  LAWRENCE A. DILLON, AN INSPECTOR EMPLOYED
 BY THE RESPONDENT IN NEWARK, NEW JERSEY, IS THE PRESIDENT OF THE UNION
 AND PATRICIA I. DONOHUE, AN A.T.F. SPECIALIST OF THE RESPONDENT IN
 PHILADELPHIA, PENNSYLVANIA, IS A SHOP STEWARD.
 
    DILLON WAS INFORMED BY A LETTER FROM THE RESPONDENT, DATED SEPTEMBER
 13, 1979, THAT IT WAS PROPOSING THE IMPLEMENTATION OF A COMPRESSED WORK
 WEEK PLAN COVERING THE BARGAINING UNIT EMPLOYEES.  AFTER SOME
 DISCUSSION, IT WAS AGREED THAT THE RESPONDENT AND THE UNION WOULD MEET
 ON SEPTEMBER 28, 1979, TO NEGOTIATE THE PROPOSED PLAN.  SOME TIME PRIOR
 TO SEPTEMBER 28, 1979, DILLON INFORMED DONOHUE THAT SHE WOULD BE ON THE
 NEGOTIATING TEAM.
 
    ON OR ABOUT SEPTEMBER 27, 1979, DILLON SUBMITTED A WRITTEN REQUEST
 FOR 8 HOURS OF OFFICIAL TIME IN ORDER TO PARTICIPATE IN THE SEPTEMBER 28
 NEGOTIATIONS.  THE REQUEST WAS REJECTED BY HIS SUPERVISOR.  ON OR ABOUT
 SEPTEMBER 28, 1979, DONOHUE SUBMITTED A WRITTEN REQUEST FOR 1 1/2 HOURS
 OF OFFICIAL TIME IN ORDER TO PARTICIPATE IN THE SEPTEMBER 28
 NEGOTIATIONS, WHICH WAS DENIED BY HER SUPERVISOR.
 
    ON SEPTEMBER 28, 1979, A MEETING WAS HELD AT THE RESPONDENT'S
 REGIONAL OFFICE IN PHILADELPHIA, PENNSYLVANIA, TO NEGOTIATE THE IMPACT
 AND IMPLEMENTATION OF THE PROPOSED COMPRESSED WORK SCHEDULE PLAN.  THE
 MEETING LASTED 1 1/2 HOURS AND WAS ATTENDED BY DILLON AND DONOHUE,
 REPRESENTING THE UNION, AND FIVE MANAGEMENT OFFICIALS.  ON OCTOBER 27,
 1979, DILLON SENT A LETTER TO THE RESPONDENT AGREEING TO THE PROPOSED
 COMPRESSED WORK WEEK PLAN.
 
    BOTH DILLON AND DONOHUE WERE REQUIRED TO TAKE ANNUAL LEAVE FOR THE
 TIME SPENT AT THE SEPTEMBER 28 NEGOTIATIONS.  DILLON'S TOTAL TRAVEL TIME
 BETWEEN HIS PLACE OF RESIDENCE, PLACE OF THE MEETING AND HIS RETURN TO
 HIS RESIDENCE WAS 5 HOURS.  HE TRAVELED BY BUS, TRAIN AND SUBWAY.
 
    ON DECEMBER 24, 1979, DILLON RECEIVED A LETTER FROM THE RESPONDENT
 ADVISING HIM THAT IT WAS PROPOSING THREE ORGANIZATIONAL CHANGES WHICH
 AFFECTED BARGAINING UNIT EMPLOYEES.  A MEETING WAS SCHEDULED FOR JANUARY
 23, 1980, TO NEGOTIATE THE PROPOSED CHANGES.
 
    ON OR ABOUT JANUARY 22, 1980, DILLON SUBMITTED A WRITTEN REQUEST FOR
 8 HOURS OF OFFICIAL TIME TO PARTICIPATE IN THE UPCOMING JANUARY 23
 NEGOTIATIONS.  THE REQUEST WAS DENIED BY HIS SUPERVISOR.  DILLON THEN
 SUBMITTED A WRITTEN REQUEST FOR 8 HOURS OF ANNUAL LEAVE TO PARTICIPATE
 IN THE NEGOTIATIONS AND THE REQUEST WAS APPROVED.
 
    ON JANUARY 23, 1980, THE MEETING WAS HELD IN PHILADELPHIA AND WAS
 ATTENDED BY DILLON, REPRESENTING THE UNION, AND THREE MANAGEMENT
 OFFICIALS.  THE MEETING LASTED 1 1/2 HOURS AND DILLON'S TOTAL TRAVEL
 TIME AGAIN WAS 5 HOURS USING THE SAME MEANS OF TRANSPORTATION AS
 DESCRIBED ABOVE.
 
    A SECOND NEGOTIATING SESSION WAS HELD ON FEBRUARY 7, 1980, IN UNION,
 NEW JERSEY, TO NEGOTIATE THE IMPACT AND IMPLEMENTATION OF THE REMAINDER
 OF THE PROPOSED ORGANIZATIONAL CHANGES.  IN ATTENDANCE WERE DILLON,
 REPRESENTING THE UNION, AND TWO MANAGEMENT OFFICIALS.  THE MEETING
 LASTED 1 1/2 HOURS AND DILLON'S TOTAL TRAVEL TIME WAS 30 MINUTES, BY
 MEANS OF HIS PRIVATE AUTOMOBILE.
 
    ON OR ABOUT FEBRUARY 7, 1980, DILLON SUBMITTED A WRITTEN REQUEST FOR
 2 HOURS OF OFFICIAL TIME TO ATTEND THE NEGOTIATIONS WHICH WERE HELD ON
 FEBRUARY 7, 1980.  THE REQUEST WAS DENIED BY HIS SUPERVISOR.  DILLON
 THEN SUBMITTED A WRITTEN REQUEST FOR 2 HOURS OF ANNUAL LEAVE AND THE
 REQUEST WAS APPROVED.
 
    ON OR ABOUT MARCH 4, 1980, DILLON SUBMITTED TRAVEL VOUCHERS TO THE
 RESPONDENT FOR PER DIEM AND TRAVEL EXPENSES IN CONNECTION WITH THE
 NEGOTIATING SESSIONS HELD ON SEPTEMBER 28, 1979, AND JANUARY 23, 1980.
 ON OR ABOUT MARCH 6, 1980, DILLON SUBMITTED A TRAVEL VOUCHER FOR PER
 DIEM AND TRAVEL EXPENSES FOR THE FEBRUARY 7, 1980, NEGOTIATING SESSION.
 DILLON WAS THEN INFORMED BY HIS SUPERVISOR THAT THE RESPONDENT REQUIRED
 AN EXPLANATION OF THE TRAVEL STATED ON THE TWO VOUCHERS SUBMITTED.  ON
 MARCH 28, 1980, DILLON SUBMITTED THREE MEMORANDA TO HIS SUPERVISOR
 EXPLAINING THE NATURE OF HIS TRAVEL.  ON APRIL 10, 1980, THE RESPONDENT
 RETURNED DILLON'S TRAVEL VOUCHERS TO HIM ALONG WITH A MEMORANDUM FROM
 THE REGIONAL ADMINISTRATIVE OFFICER INFORMING DILLON THAT SINCE TRAVEL
 FOR WHICH HE HAD REQUESTED REIMBURSEMENT WAS IN RELATION TO HIS
 RESPONSIBILITIES AND DUTIES AS NTEU CHAPTER 89 PRESIDENT, THE EXPENSES
 INCURRED IN SUCH TRAVEL WERE NOT REIMBURSABLE IN THE OPINION OF THE
 RESPONDENT.
 
    UNFAIR LABOR PRACTICE CHARGES WERE FILED BY THE UNION IN SIX SEPARATE
 CASES ALLEGING THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1), (5) AND
 (8) OF THE STATUTE BY FAILING AND REFUSING TO AUTHORIZE OFFICIAL TIME
 AND TRAVEL AND PER DIEM EXPENSES WITHIN THE PROVISIONS OF SECTION
 7131(A) OF THE STATUTE /2/ FOR UNION REPRESENTATIVES DILLON AND DONOHUE,
 REGARDING THEIR ATTENDANCE AT THE RESPECTIVE MID-TERM IMPACT AND
 IMPLEMENTATION NEGOTIATIONS ON SEPTEMBER 28, 1979, JANUARY 23, 1980, AND
 FEBRUARY 7, 1980.  UPON AN INVESTIGATION, THE GENERAL COUNSEL ISSUED AN
 AMENDED CONSOLIDATED COMPLAINT ALLEGING THAT THE RESPONDENT HAD FAILED
 AND REFUSED TO PROVIDE DILLON AND DONOHUE OFFICIAL TIME, AND DILLON
 TRAVEL AND PER DIEM EXPENSES.  CITING THE AUTHORITY'S INTERPRETATION AND
 GUIDANCE, 2 FLRA 264 (1979), AND 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, 672 F.2D 732
 (9TH CIR. 1982), THE GENERAL COUNSEL AND THE UNION CONTEND THAT THE
 MID-TERM COLLECTIVE BARGAINING CONSTITUTED OFFICIAL GOVERNMENT BUSINESS
 WITHIN THE MEANING OF SECTION 7131 AND THAT THE FAILURE AND REFUSAL TO
 PROVIDE OFFICIAL TIME AND TRAVEL AND PER DIEM EXPENSES VIOLATED SECTION
 7116(A)(1), (5) AND (8) OF THE STATUTE.
 
    THE AUTHORITY DISCUSSED POLICIES SET OUT IN INTERPRETATION AND
 GUIDANCE, WITH REGARD TO OFFICIAL TIME AND TRAVEL AND PER DIEM EXPENSES
 PURSUANT TO SECTION 7131 OF THE STATUTE IN FLORIDA NATIONAL GUARD, /3/ A
 CASE DECIDED AFTER THE SUBMISSION OF THE RECORD IN THE INSTANT CASES.
 IN FLORIDA NATIONAL GUARD, WHICH INVOLVED ATTENDANCE AT AN IMPASSE
 PROCEEDING, THE AUTHORITY FOUND THAT TRAVEL TIME IS PROPERLY INCLUDED IN
 OFFICIAL TIME AND THAT PAYMENT FOR TRAVEL AND PER DIEM EXPENSES WAS
 REQUIRED PURSUANT TO SECTION 7131(A).  THE AUTHORITY ALSO FOUND THEREIN
 THAT IT HAD JURISDICTION IN SUCH MATTERS, INCLUDING THE PAYMENT OF
 MONETARY ALLOWANCES UNDER SUCH CIRCUMSTANCES, CONTRARY TO THE
 RESPONDENT'S ARGUMENT IN THIS CASE.
 
    WITH REGARD TO THE RESPONDENT'S CONTENTION THAT MID-TERM IMPACT AND
 IMPLEMENTATION NEGOTIATIONS ARE NOT INCLUDED UNDER SECTION 7131, THE
 AUTHORITY IN THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS CASE, AGREEING
 WITH THE ADMINISTRATIVE LAW JUDGE, ORDERED THE ACTIVITY TO PROVIDE AN
 EMPLOYEE SERVING AS A UNION REPRESENTATIVE OFFICIAL TIME AND PAY HIM
 TRAVEL AND PER DIEM EXPENSES PURSUANT TO SECTION 7131(A) OF THE STATUTE
 FOR TIME SPENT IN NEGOTIATIONS ON THE IMPACT OF A CHANGE WHICH OCCURRED
 DURING THE TERM OF THE PARTIES' CONTRACT.  ACCORDINGLY, THE AUTHORITY
 FINDS THE EMPLOYEES SERVING AS UNION REPRESENTATIVES IN THE INSTANT
 CASES ARE SIMILARLY ENTITLED TO OFFICIAL TIME AND TRAVEL AND PER DIEM
 EXPENSES PURSUANT TO SECTION 7131(A) OF THE STATUTE.
 
    THE RESPONDENT RAISES BY WAY OF DEFENSE THE ARGUMENT THAT THE
 AUTHORITY'S INTERPRETATION AND GUIDANCE MAY NOT BE APPLIED UNDER ANY
 CIRCUMSTANCES WITH RESPECT TO THE SEPTEMBER 28, 1979, NEGOTIATION
 SESSION SINCE IT WOULD REQUIRE RETROACTIVE APPLICATION, CONTRARY TO THE
 RULEMAKING PROCEDURES UNDER THE ADMINISTRATIVE PROCEDURE ACT.  THE
 AUTHORITY IS NOT PERSUADED BY THIS ARGUMENT, AS THE INTERPRETATION AND
 GUIDANCE WAS NOT AN EXERCISE OF RULEMAKING BUT WAS RATHER AN
 INTERPRETATION OF THE STATUTE.
 
    ACCORDINGLY, IN VIEW OF THE FOREGOING, THE AUTHORITY CONCLUDES THAT
 THE RESPONDENT, BY ITS FAILURE AND REFUSAL TO PROVIDE UNION
 REPRESENTATIVES LAWRENCE A.  DILLON AND PATRICIA I. DONOHUE WITH
 APPROPRIATE OFFICIAL TIME AND LAWRENCE A. DILLON WITH TRAVEL AND PER
 DIEM EXPENSES WHILE ATTENDING MID-TERM IMPACT AND IMPLEMENTATION
 NEGOTIATIONS ON SEPTEMBER 28, 1979, JANUARY 23, 1980, AND FEBRUARY 7,
 1980, FAILED AND REFUSED TO COMPLY WITH THE PROVISIONS OF SECTION 7131
 OF THE STATUTE IN VIOLATION OF SECTION 7116(A)(1) AND (8) OF THE
 STATUTE.  /4/
 
                                   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 THE DEPARTMENT OF THE TREASURY, BUREAU OF
 ALCOHOL, TOBACCO AND FIREARMS SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING OR REFUSING AS REQUIRED BY SECTION 7131(A) OF THE STATUTE
 TO PROVIDE OFFICIAL TIME TO LAWRENCE A. DILLON AND PATRICIA I. DONOHUE,
 OR ANY OTHER EMPLOYEE FOR TIME ENGAGED IN REPRESENTING THE NATIONAL
 TREASURY EMPLOYEES UNION, CHAPTER 89, THE EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, DURING UNION-AGENCY MID-TERM IMPACT AND IMPLEMENTATION
 NEGOTIATIONS, AND TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED TRAVEL AND
 PER DIEM EXPENSES INCURRED BY LAWRENCE A.  DILLON, OR ANY OTHER
 EMPLOYEE, AS A RESULT OF HIS PARTICIPATION, ON OFFICIAL TIME, AS DULY
 DESIGNATED REPRESENTATIVE OF THE EXCLUSIVE REPRESENTATIVE, IN
 UNION-AGENCY NEGOTIATIONS.
 
    (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 REPRESENTATIVE LAWRENCE A. DILLON OFFICIAL TIME OF
 6 1/2 HOURS PER DAY FOR SEPTEMBER 28, 1979, AND JANUARY 23, 1980, AND 2
 HOURS FOR FEBRUARY 7, 1980, FOR TIME ENGAGED IN REPRESENTING THE
 EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS, AND ADJUST
 THE ANNUAL LEAVE CHARGED TO HIM ACCORDINGLY.
 
    (B) PROVIDE UNION REPRESENTATIVE PATRICIA I. DONOHUE OFFICIAL TIME OF
 1 1/2 HOURS FOR SEPTEMBER 28, 1979, FOR TIME ENGAGED IN REPRESENTING THE
 EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS, AND ADJUST
 THE ANNUAL LEAVE CHARGED TO HER ACCORDINGLY.
 
    (C) PROVIDE PAYMENT TO LAWRENCE A. DILLON IN REIMBURSEMENT OF THE
 PROPERLY DOCUMENTED CLAIMS HE HAS SUBMITTED FOR PAYMENT OF THE TRAVEL
 AND PER DIEM EXPENSES HE HAS INCURRED AS A RESULT OF HIS PARTICIPATION,
 ON OFFICIAL TIME, AS A DULY DESIGNATED REPRESENTATIVE OF THE EXCLUSIVE
 REPRESENTATIVE, IN UNION-AGENCY NEGOTIATION SESSIONS ON SEPTEMBER 28,
 1979, JANUARY 23, 1980, AND FEBRUARY 7, 1980.
 
    (D) POST AT ALL OF ITS OFFICES IN THE MID-ATLANTIC REGION WHERE 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 THE REGIONAL ADMINISTRATIVE OFFICER,
 DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, 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 REGIONAL
 ADMINISTRATIVE OFFICER SHALL TAKE REASONABLE STEPS TO INSURE THAT SAID
 NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (E) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
 REGULATIONS, NOTIFY THE REGIONAL DIRECTOR, REGION II, 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., JULY 21, 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 TO LAWRENCE A.
 DILLON AND PATRICIA I. DONOHUE, OR ANY OTHER EMPLOYEE FOR TIME ENGAGED
 IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 89, THE
 EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OR
 TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED TRAVEL AND PER DIEM EXPENSES
 INCURRED BY LAWRENCE A. DILLON, OR ANY OTHER EMPLOYEE, AS A RESULT OF
 HIS PARTICIPATION, ON OFFICIAL TIME, AS DULY DESIGNATED REPRESENTATIVE,
 IN UNION-AGENCY NEGOTIATIONS.  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 LAWRENCE A. DILLON OFFICIAL TIME OF 6 1/2 HOURS PER DAY
 FOR SEPTEMBER 28, 1979, AND JANUARY 23, 1980, AND 2 HOURS FOR FEBRUARY
 7, 1980, FOR TIME ENGAGED IN REPRESENTING THE EXCLUSIVE REPRESENTATIVE
 DURING UNION-AGENCY NEGOTIATIONS, AND ADJUST THE ANNUAL LEAVE CHARGED TO
 HIM ACCORDINGLY.  WE WILL PROVIDE UNION REPRESENTATIVE PATRICIA I.
 DONOHUE OFFICIAL TIME OF 1 1/2 HOURS FOR SEPTEMBER 23, 1979, FOR TIME
 ENGAGED IN REPRESENTING THE EXCLUSIVE REPRESENTATIVE, DURING
 UNION-AGENCY NEGOTIATIONS, AND ADJUST THE ANNUAL LEAVE CHARGED TO HER
 ACCORDINGLY.  WE WILL PROVIDE PAYMENT TO LAWRENCE A. DILLON IN
 REIMBURSEMENT OF THE PROPERLY DOCUMENTED CLAIMS HE HAS SUBMITTED TO US
 FOR PAYMENT OF THE TRAVEL AND PER DIEM EXPENSES HE HAS INCURRED AS A
 RESULT OF HIS PARTICIPATION, ON OFFICIAL TIME, AS A DULY DESIGNATED
 REPRESENTATIVE OF THE EXCLUSIVE REPRESENTATIVE, IN UNION-AGENCY
 NEGOTIATION SESSIONS ON SEPTEMBER 28, 1979, JANUARY 23, 1980, AND
 FEBRUARY 7, 1980.
 
                           (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,
 REGION II, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:  ROOM
 241, 26 FEDERAL PLAZA, NEW YORK, NEW YORK 10278, AND WHOSE TELEPHONE
 NUMBER IS:  (212) 264-4934.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SECTION 7116(A)(1), (5) AND (8) OF THE STATUTE PROVIDES:
 
    SEC. 7116.  UNFAIR LABOR PRACTICES
 
    (A) FOR THE PURPOSE OF THIS CHAPTER, IT SHALL BE AN UNFAIR LABOR
 PRACTICE FOR AN AGENCY--
 
    (1) TO INTERFERE WITH, RESTRAIN, OR COERCE ANY EMPLOYEE IN THE
 EXERCISE BY THE EMPLOYEE OF
 
    ANY RIGHT UNDER THIS CHAPTER;
 
   .          .          .          .
 
 
    (8) TO OTHERWISE FAIL OR REFUSE TO COMPLY WITH ANY PROVISION OF THIS
 CHAPTER(.)
 
    (5) TO REFUSE TO CONSULT OR NEGOTIATE IN GOOD FAITH WITH A LABOR
 ORGANIZATION AS REQUIRED
 
    BY THIS CHAPTER;
 
    /2/ SECTION 7131(A) PROVIDES IN PERTINENT PART, AS FOLLOWS:
 
    SEC. 7131.  OFFICIAL TIME
 
    (A) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF A
 
    COLLECTIVE BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE
 AUTHORIZED OFFICIAL TIME FOR SUCH
 
    PURPOSES, INCLUDING ATTENDANCE AT IMPASSE PR