09:0591(67)CA - IRS and NTEU and OPM -- 1982 FLRAdec CA



[ v09 p591 ]
09:0591(67)CA
The decision of the Authority follows:


 9 FLRA No. 67
 
 INTERNAL REVENUE SERVICE
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
 and
 
 OFFICE OF PERSONNEL MANAGEMENT
 Intervenor
 
                                            Case Nos. 3-CA-331
                                                      3-CA-1231
 
                            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 ACTIONS.  THE
 RESPONDENT, THE CHARGING PARTY, AND THE INTERVENOR FILED EXCEPTIONS TO
 THE JUDGE'S DECISION.
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 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 DECISION AND THE ENTIRE RECORD, THE AUTHORITY HEREBY ADOPTS THE
 JUDGE'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS, AS MODIFIED BELOW.
 
    IN AGREEMENT WITH THE JUDGE, THE AUTHORITY FINDS THAT THE RESPONDENT
 VIOLATED SECTION 7116(A)(1) AND (8) OF THE STATUTE /1/ WHEN IT DENIED
 PAYMENT OF PER DIEM AND TRAVEL EXPENSES INCURRED SINCE JANUARY 11, 1979
 TO ALL EMPLOYEES WHO WERE ON OFFICIAL TIME UNDER SECTION 7131(A) OF THE
 STATUTE WHILE REPRESENTING THE UNION IN THE NEGOTIATION OF A COLLECTIVE
 BARGAINING AGREEMENT, AND FOR DENYING ITS EMPLOYEES OFFICIAL TIME
 INCURRED IN CONNECTION WITH TRAVEL TO AND FROM SUCH SESSIONS.  SEE
 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).  SEE ALSO
 INTERPRETATION AND GUIDANCE, 2 FLRA 265 (1979).  /2/ HOWEVER, THE
 JUDGE'S RECOMMENDED ORDER MUST BE MODIFIED TO THE EXTENT AND FOR THE
 REASONS NOTED BELOW.  /3/
 
                                   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 INTERNAL REVENUE SERVICE, WASHINGTON,
 D.C. SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED
 TRAVEL AND PER DIEM EXPENSES, AS WELL AS OFFICIAL TIME, TO JUDY OSLAGER,
 JEAN WHITENER, AND DONALD GEIGER, OR TO ANY OTHER EMPLOYEE, AS A RESULT
 OF THEIR PARTICIPATION PURSUANT TO SECTION 7131(A) OF THE STATUTE AS THE
 DULY DESIGNATED REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES
 UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING THE NEGOTIATION
 OF A NATIONWIDE MASTER COLLECTIVE BARGAINING AGREEMENT.
 
    (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 JUDY OSLAGER, JEAN WHITENER, AND DONALD GEIGER, AND ALL OTHER
 EMPLOYEES WHO REPRESENTED THE NATIONAL TREASURY EMPLOYEES UNION IN
 NEGOTIATIONS FOR A NATIONWIDE MASTER COLLECTIVE BARGAINING AGREEMENT
 SINCE JANUARY 11, 1979, FOR THEIR TRAVEL AND PER DIEM EXPENSES, AS WELL
 AS THE OFFICIAL TIME, INCURRED AS A RESULT OF THEIR PARTICIPATION,
 PURSUANT TO SECTION 7131(A) OF THE STATUTE, AS THE DULY DESIGNATED
 REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION DURING SUCH
 NEGOTIATIONS.
 
    (B) POST AT ALL OF ITS FACILITIES, WHERE BARGAINING 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 COMMISSIONER 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.  THE COMMISSIONER SHALL TAKE REASONABLE STEPS TO
 ENSURE 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 III, 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 AND REFUSE TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED
 TRAVEL AND PER DIEM EXPENSES, AS WELL AS OFFICIAL TIME, TO JUDY OSLAGER,
 JEAN WHITENER, AND DONALD GEIGER, OR TO ANY OTHER EMPLOYEE, AS A RESULT
 OF THEIR PARTICIPATION PURSUANT TO SECTION 7131(A) OF THE STATUTE AS THE
 DULY DESIGNATED REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES
 UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING THE NEGOTIATION
 OF A NATIONWIDE MASTER COLLECTIVE BARGAINING AGREEMENT.  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 PAY EMPLOYEES JUDY OSLAGER, JEAN WHITENER, AND DONALD GEIGER, AND
 ALL OTHER EMPLOYEES WHO REPRESENTED THE NATIONAL TREASURY EMPLOYEES
 UNION IN NEGOTIATIONS FOR A NATIONWIDE MASTER COLLECTIVE BARGAINING
 AGREEMENT SINCE JANUARY 11, 1979, FOR THEIR TRAVEL AND PER DIEM
 EXPENSES, AS WELL AS THE OFFICIAL TIME, INCURRED AS A RESULT OF THEIR
 PARTICIPATION PURSUANT TO SECTION 7131(A) OF THE STATUTE, AS THE DULY
 DESIGNATED REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION
 DURING SUCH NEGOTIATIONS.
 
                           (AGENCY OR ACTIVITY)
 
 DATED:  . . .  BY:  (SIGNATURE) THIS NOTICE MUST REMAIN POSTED FOR 60
 CONSECUTIVE DAYS FROM THE DATE OF THIS 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, FEDERAL LABOR
 RELATIONS AUTHORITY, REGION III, WHOSE ADDRESS IS:  1111 18TH STREET,
 NW., WASHINGTON, D.C., 20036 AND WHOSE TELEPHONE NUMBER IS (202)
 653-8452.
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    SUSAN SHINKMAN
    DONNA DITULLIO, ESQS.
    FOR THE GENERAL COUNSEL
 
    JOHN BUFE, ESQ.
    FOR THE CHARGING PARTY
 
    RICHARD J. MIHELCIC
    ROGER P. KAPLAN
    BRUCE HUTCHINSON KENNEDY, ESQS.
    FOR THE RESPONDENT
 
    STUART FOSS
    JOHN HELM, ESQS.
    FOR THE INTERVENOR
 
    BEFORE:  ELI NASH, JR.
    ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THESE PROCEEDINGS AROSE PURSUANT TO THE FEDERAL SERVICE
 LABOR-MANAGEMENT STATUTE, HEREIN CALLED THE "STATUTE" 5 U.S.C. 7101 ET
 SEQ., AS A RESULT OF AMENDED UNFAIR LABOR PRACTICE CHARGES ORIGINALLY
 FILED ON JULY 6, 1979 AND JUNE 12, 1980, RESPECTIVELY.  THEREAFTER,
 COMPLAINTS AND NOTICES OF HEARINGS WERE ISSUED BY THE REGIONAL DIRECTOR,
 REGION III ON JUNE 25, 1980 AND AUGUST 14, 1980, RESPECTIVELY.
 SUBSEQUENTLY, ON AUGUST 14, 1980, THE REGIONAL DIRECTOR ISSUED AN ORDER
 CONSOLIDATING THE CASES.  THE CONSOLIDATED COMPLAINT ALLEGES THAT THE
 INTERNAL REVENUE SERVICE, HEREIN CALLED THE "RESPONDENT" VIOLATED
 SECTION 7116(A)(1), (5) AND (8) OF THE STATUTE BY FAILING AND REFUSING
 TO REIMBURSE NATIONAL TREASURY EMPLOYEE UNION, HEREIN CALLED THE
 "UNION", NEGOTIATORS FOR TRAVEL AND PER DIEM EXPENSES INCURRED ON
 OFFICIAL TIME WHILE ENGAGED IN NEGOTIATIONS OF A NATIONWIDE MASTER
 AGREEMENT AND BY REFUSING TO GRANT OFFICIAL TIME TO UNION NEGOTIATORS
 FOR THE PURPOSE OF TRAVELING TO AND/OR FROM COLLECTIVE BARGAINING
 SESSIONS DURING REGULAR DUTY HOURS.
 
    IN ITS ANSWER TO 3-CA-331 RESPONDENT ADMITS THAT IT HAS FAILED TO
 GRANT ADMINISTRATIVE TIME TO UNION NEGOTIATORS FOR TRAVEL TO AND FROM
 BARGAINING SESSIONS AND THAT IT HAS FAILED AND REFUSED TO REIMBURSE
 UNION NEGOTIATORS FOR TRAVEL AND PER DIEM EXPENSES INCURRED IN REGARD TO
 THE COLLECTIVE-BARGAINING NEGOTIATIONS IN QUESTION.  IN CASE NO.
 3-CA-1232 RESPONDENT DENIED THE ABOVE-CITED ALLEGATIONS AND DENIED THE
 COMMISSION OF ANY UNFAIR LABOR PRACTICES.
 
    A HEARING WAS HELD ON SEPTEMBER 16, 1980, IN WASHINGTON, D.C.  ALL
 PARTIES WERE AFFORDED FULL OPPORTUNITY TO BE HEARD, TO EXAMINE WITNESSES
 AND TO INTRODUCE RELEVANT EVIDENCE.  POST HEARING BRIEFS WERE TIMELY
 FILED AND HAVE BEEN CONSIDERED.
 
    UPON THE ENTIRE RECORD, INCLUDING MY OBSERVATION OF THE WITNESSES AND
 THEIR DEMEANOR, I MAKE THE FOLLOWING FINDINGS, CONCLUSIONS AND
 RECOMMENDATIONS.
 
                             FINDINGS OF FACT
 
    A.  BACKGROUND
 
    THE UNION IS THE EXCLUSIVE REPRESENTATIVE OF INTERNAL REVENUE SERVICE
 EMPLOYEES NATIONWIDE.  THE PARTIES HAVE NEGOTIATED SEVERAL PREVIOUS
 COLLECTIVE BARGAINING AGREEMENTS FOR RESPONDENT'S COMPONENTS INCLUDING
 CONTRACTS FOR ELEVEN (11) SERVICE CENTERS, FIFTY-SIX (56) DISTRICT
 OFFICES, AND, THE RESPONDENT'S NATIONAL OFFICE.
 
    AT THE TIME OF THE HEARING, THE PARTIES HAD BEEN ENGAGED IN NATIONAL
 NEGOTIATIONS SINCE JANUARY 11, 1979.  BARGAINING SESSIONS TOOK PLACE IN
 WASHINGTON, D.C. BY AGREEMENT OF THE PARTIES.  DURING THE COURSE OF THE
 BARGAINING THE NEGOTIATION TEAMS WERE NORMALLY COMPOSED OF TEN (10)
 PERSONS ON EACH SIDE.  NEGOTIATION SESSIONS USUALLY WERE FROM MONDAY
 THROUGH FRIDAY DURING THE WEEKS THEY WERE HELD AND, WERE NORMALLY HELD
 IN TWO-WEEK LONG SESSIONS.
 
    IN A DEPARTMENT OF THE TREASURY MEMORANDUM TO BUREAU HEADS DATED
 FEBRUARY 4, 1980, ASSISTANT SECRETARY W. J. MCDONALD DISCUSSED THE ISSUE
 OF "TRAVEL AND PER DIEM EXPENSES FOR EMPLOYEE UNION NEGOTIATORS." THE
 MEMORANDUM STATED INTER ALIA:
 
    THE INTERNAL REVENUE SERVICE HAS RECEIVED A REQUEST FROM THE NATIONAL
 TREASURY EMPLOYEES
 
    UNION FOR PAYMENT OF RETROACTIVE AND ADVANCED TRAVEL AND PER DIEM
 EXPENSES IN CONJUNCTION WITH
 
    CURRENT COLLECTIVE BARGAINING NEGOTIATIONS.  THE INTERNAL REVENUE
 SERVICE PLANS TO REFUSE THE
 
    UNION'S REQUEST FOR PAYMENT, AND IS PREPARED TO LITIGATE THE ISSUE IN
 AN UNFAIR LABOR PRACTICE
 
    PROCEEDING.  IN ORDER TO ACHIEVE MAXIMUM TREASURY-WIDE COORDINATION
 THE OFFICE OF THE GENERAL
 
    COUNSEL HAS RECOMMENDED THAT BUREAUS DECLINE ALL UNION REQUESTS FOR
 PAYMENT OF TRAVEL AND PER
 
    DIEM EXPENSES PENDING RESOLUTION OF THE ANTICIPATED INTERNAL REVENUE
 SERVICE UNFAIR LABOR
 
    PRACTICE LITIGATION, I.E., UNTIL THE COURT REVIEWS THE MATTER.  YOUR
 COOPERATION AND SUPPORT
 
    IN THIS MATTER WOULD BE APPRECIATED.
 
    AROUND MARCH 21, 1980, MS. JUDY OSLAGER, AN EMPLOYEE AT RESPONDENT'S
 BROOKHAVEN, NEW YORK SERVICE CENTER WHO PARTICIPATED IN THE ABOVE
 MENTIONED NATIONAL NEGOTIATIONS SUBMITTED A TRAVEL VOUCHER FOR VARIOUS
 TRAVEL RELATED EXPENSES IN CONNECTION WITH THE NATIONAL NEGOTIATIONS FOR
 INTERMITTENT TRAVEL PERIODS BETWEEN JANUARY 21, 1979 THROUGH FEBRUARY
 15, 1980.
 
    ON MARCH 31, 1980, MS. OSLAGER RECEIVED A MEMORANDUM FROM HER
 SUPERVISOR, MR. MANNY BELANSKY INFORMING HER THAT PAYMENT WAS DENIED AND
 THAT IT WAS RESPONDENT'S POLICY NOT TO REIMBURSE UNION NEGOTIATORS FOR
 EXPENSES RELATING TO THE BARGAINING SESSIONS IN WASHINGTON, D.C.  MR.
 BELANSKY, ALSO TESTIFIED THAT HE WOULD NOT HAVE AUTHORIZED REIMBURSEMENT
 OF THIS VOUCHER UNDER ANY CIRCUMSTANCES-- WHETHER OR NOT THE TRAVEL
 VOUCHERS HAD BEEN PROPERLY PREPARED AND SUBMITTED BY MS. OSLAGER BECAUSE
 OF RESPONDENT'S STANDING POLICY NOT TO APPROVE TRAVEL VOUCHERS AND PER
 DIEM REQUESTS ARISING FROM NEGOTIATIONS WITH THE UNION.
 
    AT TIME OF THE HEARING, MS. OSLAGER HAD NOT RECEIVED PAYMENT FROM
 RESPONDENT FOR TRAVEL EXPENDITURES OR PER DIEM ALLOWANCES IN REGARD TO
 THE NEGOTIATION SESSIONS ATTENDED BY HER BETWEEN JANUARY 1979 AND
 FEBRUARY 1980.
 
    MS. JEAN WHITENER, IS EMPLOYED AT RESPONDENT'S ATLANTA, GEORGIA
 SERVICE CENTER AND ON THREE (3) DIFFERENT OCCASIONS IN JULY 1979, MAY
 1980 AND JULY 1980 TRAVELLED TO PARTICIPATE IN NEGOTIATION SESSIONS ON
 BEHALF THE UNION IN WASHINGTON, D.C. DURING HER REGULAR DUTY HOURS.  IN
 JULY 1979, MS. WHITENER CONTACTED RESPONDENT'S LABOR RELATIONS OFFICE
 REQUESTING AUTHORIZATION OF OFFICIAL TIME FOR TRAVEL DURING REGULAR DUTY
 HOURS.  THIS REQUEST WAS DENIED AND MS.  WHITENER WAS TOLD THAT THE
 ISSUE WAS OUT OF THE LOCAL'S CONTROL AND HAD BECOME AN ISSUE OF THE
 NATIONAL OFFICE.  MS. WHITENER, THEREFORE, TOOK LEAVE WITHOUT PAY TO
 TRAVEL TO WASHINGTON, D.C. FOR BARGAINING SESSIONS DURING HER REGULAR
 DUTY HOURS.  AT THE TIME OF THE HEARING, THE LEAVE WITHOUT PAY HAD NOT
 BEEN CONVERTED TO ADMINISTRATIVE LEAVE OR OFFICIAL TIME ON MS.
 WHITENER'S LEAVE RECORD.
 
    MS. WHITENER ALSO INCURRED TRAVEL EXPENSES DURING THE NEGOTIATION
 SESSIONS ATTENDED BY HER.  ON MARCH 20, 1980, MS. WHITENER SUBMITTED
 TRAVEL VOUCHERS AND REQUESTS FOR PER DIEM ALLOWANCES FOR TRAVEL PERIODS
 BEGINNING JANUARY 21, 1979 THROUGH FEBRUARY 15, 1980 WHEN SHE WAS
 ENGAGED IN NEGOTIATIONS TO MR. CLAUDE BURNS OF RESPONDENT'S LABOR
 RELATIONS OFFICE.  THESE TRAVEL VOUCHERS WERE RETURNED UNPROCESSED ON
 THAT SAME DAY.  IN A LETTER DATED MARCH 20, 1980, MS. WHITENER WAS TOLD
 BY MR. JAMES COSLEY, JR. THAT RESPONDENT'S POSITION WAS NOT TO HONOR ANY
 SUCH TRAVEL AND PER DIEM REQUESTS BY UNION REPRESENTATIVES AND THAT THE
 POLICY HAD BEEN COMMUNICATED TO THE UNION'S GENERAL COUNSEL ROBERT
 TOBIAS ON FEBRUARY 11, 1980.  NO OTHER REASON WAS GIVEN FOR REFUSAL TO
 REIMBURSE MS. WHITENER FOR TRAVEL EXPENSES.
 
    MS. WHITENER HAS NOT BEEN REIMBURSED FOR TRAVEL EXPENSES OR PER DIEM
 FOR THE PERIOD BEGINNING JANUARY 21, 1979 THROUGH FEBRUARY 15, 1980.
 
    UNION REPRESENTATIVE DONALD GEIGER IS EMPLOYED AT RESPONDENT'S
 FRESNO, CALIFORNIA SERVICE CENTER.  MR. GEIGER HAS BEEN PART OF THE
 UNION NEGOTIATION TEAM SINCE JULY 1978.  ABOUT MARCH 20, 1980, MR.
 GEIGER SUBMITTED TRAVEL VOUCHERS FOR EXPENSES INCURRED SUCH AS AIRFARE,
 MEAL AND LODGING FOR TRAVEL PERIODS BEGINNING JANUARY 22, 1979 THROUGH
 FEBRUARY 16, 1980, DURING WHICH PERIODS HE WAS ENGAGED IN NATIONAL
 NEGOTIATIONS.  AROUND MARCH 28, 1980 MR. GEIGER WAS NOTIFIED BY DIVISION
 CHIEF BARBARA A. WALSTON THAT THE SUBMITTED VOUCHERS WOULD NOT BE
 APPROVED AS THE EXPENSES THEREON WERE INCURRED DURING UNAUTHORIZED
 TRAVEL.
 
    MR. GEIGER TESTIFIED THAT HE HAD LEARNED DURING A NEGOTIATION SESSION
 IN WASHINGTON, D.C. IN JANUARY 1979 FROM RESPONDENT'S CHIEF NEGOTIATOR
 AT THE SESSIONS, IRVING DES ROUCHES THAT RESPONDENT WOULD NOT AUTHORIZE
 OFFICIAL TIME FOR TRAVEL TO AND FROM THE BARGAINING SESSIONS FOR UNION
 NEGOTIATORS PERFORMED DURING THEIR REGULAR DUTY HOURS NOR WOULD
 RESPONDENT REIMBURSE UNION NEGOTIATORS FOR TRAVEL EXPENSES OR AUTHORIZE
 PER DIEM ALLOWANCES.
 
    AS WITH THE OTHERS, MR. GEIGER HAS NOT BEEN REIMBURSED BY RESPONDENT
 FOR TRAVEL VOUCHERS SUBMITTED IN CONNECTION WITH THE NATIONAL
 NEGOTIATION SESSIONS.
 
                        DISCUSSION AND CONCLUSIONS
 
    THIS MATTER INVOLVES THE FAILURE AND REFUSAL OF RESPONDENT TO PAY
 TRAVEL EXPENSES, PER DIEM AND TRAVEL TIME TO UNION NEGOTIATORS ENGAGED
 IN THE BARGAINING OF NATIONWIDE COLLECTIVE BARGAINING AGREEMENTS WITH
 RESPONDENT SINCE ON OR ABOUT JANUARY 11, 1979.  THE RECORD REVEALS THAT
 RESPONDENT REFUSED TO PAY TRAVEL EXPENSES OR TO ALLOW TRAVEL TIME TO
 UNION NEGOTIATORS PURSUANT TO A NATIONAL POLICY ESTABLISHED ON FEBRUARY
 4, 1980 THE PURPOSE OF WHICH WAS TO CHALLENGE THE VALIDITY OF THE
 FEDERAL LABOR RELATIONS AUTHORITY'S INTERPRETATION AND GUIDANCE, 2 FLRA
 NO. 31 (1979).  /4/
 
    THE PARTIES ALL CONCEDE THAT THE RESOLUTION OF THIS MATTER MUST BE
 CONTROLLED BY THE INTERPRETATION OF SECTION 7131(A) OF THE STATUTE.  /5/
 RESPONDENT AND INTERVENOR, NOTWITHSTANDING THE INTERPRETATION AND
 GUIDANCE, SUPRA, CONTEND THAT THERE IS NO OBLIGATION UNDER SECTION
 7131(A) TO PAY TRAVEL AND PER DIEM EXPENSES INCURRED BY RESPONDENT'S
 EMPLOYEES WHILE REPRESENTING THE UNION, THE RECOGNIZED EXCLUSIVE
 REPRESENTATIVE, IN THE NEGOTIATION OF THE NATIONAL COLLECTIVE BARGAINING
 AGREEMENT INVOLVED HEREIN.  ALTHOUGH CERTAINLY AWARE THAT THE AUTHORITY
 HAD REAFFIRMED ITS POSITION IN THE INTERPRETATION AND GUIDANCE, SUPRA,
 IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN REGION, DEPARTMENT
 OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA NO. 40 (1980) NEITHER
 RESPONDENT NOR INTERVENOR MENTIONED THIS DECISION IN BRIEF.  IN THAT
 CASE, THE AUTHORITY ADOPTED WITHOUT COMMENT THE CONCLUSION OF
 ADMINISTRATIVE LAW JUDGE ARRIGO THAT THE RESPONDENT'S:
 
    "FAILURE AND REFUSAL TO PROVIDE (A UNION REPRESENTATIVE) WITH
 OFFICIAL TIME AND WHATEVER
 
    TRAVEL AND PER DIEM EXPENSES HE MAY HAVE BEEN ENTITLED TO WERE HE
 CONSIDERED TO BE ON OFFICIAL
 
    AGENCY BUSINESS WHILE PERFORMING UNION REPRESENTATIVE DUTIES . .  .
 (WAS A FAILURE AND REFUSAL)
 
    TO COMPLY WITH SECTION 7131 OF THE STATUTE AND THEREBY VIOLATED
 SECTIONS 7116(A)(1) AND (8) OF
 
    THE STATUTE."
 
    THE AUTHORITY HAS THUS SET FORTH ITS POSITION ON SECTION 7131(A) ON
 TWO SEPARATE OCCASIONS AND AS AN ADMINISTRATIVE LAW JUDGE, I LIKE JUDGE
 ARRIGO, AM COMPELLED TO FOLLOW THESE PRONOUNCEMENTS AND DECISIONS UNTIL
 SUCH TIME AS THEY ARE OVERRULED BY HIGHER AUTHORITY.
 
    THEREFORE, AS I VIEW THE MATTER, THE ISSUES FOR MY RESOLUTION ARE
 WHETHER (1) THE EMPLOYEES INVOLVED HEREIN WERE ON OFFICIAL AGENCY
 BUSINESS WHILE PERFORMING UNION REPRESENTATIONAL DUTIES DURING THE
 PERIODS IN QUESTION;  (2) WHETHER TRAVEL VOUCHERS WERE SUBMITTED FOR
 PAYMENT OR REQUESTS MADE FOR OFFICIAL TIME;  (3) AND, WHETHER THESE
 EMPLOYEES WERE PAID FOR EXPENSES INCURRED IN PERFORMING AGENCY BUSINESS.
  THE RECORD SUPPORTS AND IT IS FOUND THAT ALL THREE ISSUES MUST BE
 ANSWERED IN THE AFFIRMATIVE.  IN SUM, THE EVIDENCE CLEARLY ESTABLISHES
 THAT RESPONDENT ESTABLISHED A NATIONAL POLICY ON FEBRUARY 4, 1980, THE
 SPECIFIC PURPOSE OF WHICH WAS TO CHALLENGE THE AUTHORITY'S
 INTERPRETATION AND GUIDANCE, SUPRA;  THAT THE THREE EMPLOYEES INVOLVED
 IN THIS MATTER EACH TRAVELLED TO WASHINGTON, D.C. ON SEVERAL DIFFERENT
 OCCASIONS TO ENGAGE IN NEGOTIATIONS CONCERNING A NATIONWIDE AGREEMENT OF
 RESPONDENT'S EMPLOYEES;  THAT DURING THE NEGOTIATIONS, EMPLOYEE JEAN
 WHITENER REQUESTED OFFICIAL TIME TO TRAVEL TO AND FROM NEGOTIATIONS, BUT
 WAS DENIED THAT TIME BY RESPONDENT;  THAT ABOUT MARCH 20, 1980, THE
 THREE EMPLOYEES SUBMITTED TRAVEL VOUCHERS FOR EXPENSES INCURRED IN
 CONNECTION WITH NEGOTIATIONS FOR A NATIONWIDE AGREEMENT IN WASHINGTON,
 D.C.; AND, FINALLY THAT EMPLOYEE WHITENER'S LEAVE RECORD HAS NEVER BEEN
 ADJUSTED TO SHOW OFFICIAL TIME WHEN ENGAGED IN OFFICIAL AGENCY BUSINESS
 AND NONE OF THE THREE EMPLOYEES HAS BEEN REIMBURSED FOR EXPENSES
 INCURRED WHILE ON OFFICIAL AGENCY BUSINESS BECAUSE OF RESPONDENT'S
 NATIONAL POLICY ESTABLISHED FEBRUARY 4, 1980.  THE AGENCY POLICY TO DENY
 SUCH TRAVEL TIME AND EXPENSES ALSO VIOLATED SECTION 7116(A)(1) AND (5)
 OF THE STATUTE.  INTERVENOR URGES, AT LEAST, BARGAINING ON THE ISSUE OF
 PAYMENT.  HOWEVER, THE POLICY OF FEBRUARY 4, 1980 WHICH ANNOUNCED THAT
 RESPONDENT'S BUREAUS WERE TO DECLINE PAYMENT UNTIL COURT RESOLUTION OF
 THE MATTER CLEARLY PRECLUDES GOOD-FAITH BARGAINING.
 
    THROUGHOUT THE PROCEEDINGS RESPONDENT RAISED NUMEROUS REASONS WHY
 SECTION 7131 OF THE STATUTE SHOULD NOT BE CONSTRUED TO OBLIGATE AGENCIES
 TO PROVIDE TRAVEL TIME AND TRAVEL EXPENSES TO UNION NEGOTIATORS.  TO
 ACCEPT ANY OF THESE DEFENSES WOULD REQUIRE A RULING ON MY PART THAT THE
 AUTHORITY'S DECISION IS ARBITRARY AND CAPRICIOUS.  A REVIEW OF THE
 RECORD INDICATES THAT THE FOLLOWING REASONS WERE RAISED.  FIRST, THAT
 AGENCIES LACK STATUTORY AUTHORITY TO PAY TRAVEL EXPENSES TO UNION
 NEGOTIATORS;  THAT NO FUNDS ARE CURRENTLY APPROPRIATED FOR THIS PURPOSE;
  THE FACT THAT PAYMENT OF TRAVEL EXPENSES FOR THIS PURPOSE IS COSTLY;
 RESPONDENT CITES COMPTROLLER GENERAL DECISIONS ISSUED BEFORE THE PASSAGE
 OF THE STATUTE;  THAT CONGRESSIONAL INTENT OF THE TERM "OFFICIAL TIME"
 IN SECTION 7131 RUNS CONTRARY TO THE LEGISLATIVE HISTORY OF THAT
 PROVISION;  THE NON-AVAILABILITY OF TRAVEL EXPENSES FOR EMPLOYEES WHO
 VOTE OR DONATE BLOOD;  THAT AGENCIES WILL LOST CONTROL OF THEIR BUDGET
 IF THEY MUST PAY TRAVEL EXPENSES;  THAT THE UNION HAS ALREADY REIMBURSED
 FROM ITS FUNDS THE EMPLOYEES INVOLVED FOR TRAVEL AND PER DIEM EXPENSES
 INCURRED DURING THE PERIOD IN QUESTION;  AND, FINALLY THAT ITS LEGAL
 DUTY TO PAY TRAVEL EXPENSES DEPENDS UPON THE EXTENT TO WHICH THE UNION
 "NEEDS" THE REIMBURSEMENT.  /6/
 
    IN ITS BRIEF, RESPONDENT CONTENDS THAT THE INTERPRETATION AND
 GUIDANCE, SUPRA, IS WITHOUT SUPPORT IN LEGISLATIVE HISTORY AND IS
 ILLEGAL;  THAT RESPONDENT DOES NOT HAVE THE LEGAL AUTHORITY TO EXPEND
 ITS APPROPRIATED FUNDS FOR THE PAYMENT OF TRAVEL EXPENSES AND PER DIEM
 EXPENSES OF UNION NEGOTIATORS;  AND THAT OFFICIAL TIME DOES NOT COVER
 TRAVEL TO AND FROM BARGAINING SESSIONS.  ITS ARGUMENTS ARE MERELY A
 REITERATION OF THOSE PREVIOUSLY RAISED AND URGED THAT THE AUTHORITY'S
 PREVIOUS POSITION SHOULD NOT BE FOLLOWED IN THIS MATTER.  HOWEVER, THE
 STATUTORY SCHEME DICTATES THAT THE ADMINISTRATION LAW JUDGE IS BOUND BY
 THE DECISIONS OF THE FEDERAL LABOR RELATIONS AUTHORITY.  ONCE AGAIN, I
 RELY ON THE INTERPRETATION AND GUIDANCE, SUPRA, AND MORE SPECIFICALLY ON
 THE DECISION OF JUDGE ARRIGO IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
 SUPRA IN REJECTING RESPONDENT'S ARGUMENT.  THERE JUDGE ARRIGO SAID:
 
    TO ADDRESS ARGUMENTS WHICH ATTACK A STATUTORY INTERPRETATION MADE BY
 THE AUTHORITY OR
 
    QUESTION THE AUTHORITY'S POWER OF 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 DECISION IN
 2 FLRA NO. 31 AS BEING
 
    ARBITRARY AND CAPRICIOUS, AN ABUSE OF DISCRETION AN BEYOND ITS
 STATUTORY AUTHORITY.
 
    I THEREFORE, AGREE WITH JUDGE ARRIGO AND FIND THAT THERE IS NO ROOM
 FOR INNOVATION IN THIS MATTER.
 
    FOR THESE SAME REASONS, I REJECT INTERVENOR'S CONTENTION THAT THE
 AUTHORITY'S INTERPRETATION OF SECTION 7131(A) IS ERRONEOUS.
 
    BASED ON THE FOREGOING, IT IS FOUND THAT RESPONDENT VIOLATED SECTIONS
 7116(A)(1) AND (8) OF THE STATUTE BY FAILING AND REFUSING TO PROVIDE
 OFFICIAL TIME AND/OR PER DIEM AND TRAVEL EXPENSES TO UNION
 REPRESENTATIVES OSLAGER, WHITENER AND GEIGER FOR TRAVEL EXPENSES AND
 LEAVE INCURRED IN CONNECTION WITH NEGOTIATIONS FOR A NATIONAL AGREEMENT
 AFTER JANUARY 11, 1979.  I FURTHER FIND THAT RESPONDENT BY REFUSING TO
 AUTHORIZE TRAVEL BY EMPLOYEES REPRESENTING THE UNION AT NEGOTIATIONS ON
 A NATIONWIDE AGREEMENT PURSUANT TO A NATIONAL POLICY CIRCULATED TO
 BUREAU HEADS AROUND FEBRUARY 4, 1980 VIOLATED SECTION 7116(A)(1) AND (5)
 OF THE STATUTE.
 
    HAVING FOUND THAT RESPONDENT VIOLATED SECTION 7116(A)(1), (5) AND (8)
 OF THE STATUTE, IT IS RECOMMENDED THAT THE AUTHORITY ADOPT THE FOLLOWING
 ORDER.  /7/
 
                                   ORDER
 
    PURSUANT TO SECTION 7118(A)(7)(A) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7118(A)(7)(A), AND SECTION
 2423.29(B)(1) OF THE RULES AND REGULATIONS, 5 C.F.R.SECTION
 2423.29(B)(1), THE AUTHORITY HEREBY ORDERS THAT THE DEPARTMENT OF
 TREASURY, INTERNAL REVENUE SERVICE, WASHINGTON, D.C. SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE JUDY OSLAGER, JEAN WHITENER AND
 DONALD GEIGER OR ANY
 
    AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, THE
 
    EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING 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.
 
    (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 JEAN WHITENER OFFICIAL TIME FOR THE
 PERFORMANCE OF HER
 
    REPRESENTATIONAL DUTIES FROM JULY 1979 TO JULY 1980, AND MAKE HER
 WHOLE FOR ANY ANNUAL LEAVE
 
    SHE MAY HAVE UTILIZED ON SUCH DATES, AND PAY TO UNION REPRESENTATIVES
 JUDY OSLAGER, JEAN
 
    WHITENER AND DONALD GEIGER EMPLOYEE ENGAGED IN OFFICIAL AGENCY OR
 ACTIVITY BUSINESS WOULD BE
 
    ENTITLED.
 
    (B) POST AT ITS VARIOUS OFFICES IN THE WASHINGTON, D.C., BROOKHAVEN,
 NEW YORK, FRESNO,
 
    CALIFORNIA AND ATLANTA, GEORGIA, SERVICE-CENTERS WHEREIN UNIT
 EMPLOYEES ARE LOCATED, COPIES OF
 
    THE ATTACHED NOTICE MARKED "APPENDIX".  COPIES OF SAID NOTICE, TO BE
 FURNISHED BY THE
 
    COMMISSIONER, AFTER BEING SIGNED BY AN AUTHORIZED REPRESENTATIVE,
 SHALL BE POSTED BY
 
    REPRESENTATIVES OF THE WASHINGTON, D.C., BROOKHAVEN, NEW YORK, AND
 FRESNO, CALIFORNIA AND
 
    ATLANTA, GEORGIA SERVICE-CENTERS IMMEDIATELY UPON RECEIPT THEREOF AND
 BE MAINTAINED BY SUCH
 
    REPRESENTATIVE FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS
 PLACES, INCLUDING ALL PLACES
 
    WHERE NOTICE 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.
 
                         ELI NASH, JR.
                         ADMINISTRATIVE LAW JUDGE
 
 DATED:  MARCH 19, 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 NOT FAIL AND REFUSE TO PROVIDE JUDY OSLAGER, JEAN WHITENER AND
 DONALD GEIGER OR ANY OTHER AGENCY EMPLOYEE WHILE ENGAGED IN REPRESENTING
 THE NATIONAL TREASURY EMPLOYEES UNION, THE EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, DURING 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 OR
 NECESSARY TRAVEL AND PER DIEM EXPENSES INCURRED WHILE SUCH EMPLOYEES ARE
 ENGAGED IN NEGOTIATIONS FOR A NATIONWIDE AGREEMENT.  WE WILL NOT IN ANY
 LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN OR COERCE SUCH
 EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE.  WE
 WILL, UPON REQUEST, PROVIDE JEAN WHITENER OFFICIAL TIME FOR THE
 PERFORMANCE OF HER REPRESENTATIONAL DUTIES AND MAKE HER WHOLE FOR ANY
 LEAVE SHE MAY HAVE UTILIZED DURING THE PERIOD SHE WAS ENGAGED IN
 NEGOTIATIONS OF THE NATIONAL AGREEMENT AS A REPRESENTATIVE OF NATIONAL
 TREASURY EMPLOYEE UNION.  WE WILL, UPON REQUEST PAY TO JUDY OSLAGER,
 JEAN WHITENER AND DONALD GEIGER WHATEVER TRAVEL AND PER DIEM EXPENSES
 FOR PERIODS THAT EACH PARTICIPATED IN NATIONAL NEGOTIATIONS AS
 REPRESENTATIVES OF NATIONAL TREASURY EMPLOYEES UNION.
 
                           (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 EMPLOYEE HAS ANY
 QUESTIONS CONCERNING THIS NOTICE, OR COMPLIANCE WITH ITS PROVISIONS,
 THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR, FEDERAL LABOR
 RELATIONS AUTHORITY, REGION III, WHOSE ADDRESS IS:  1133 15TH ST., N.W.,
 ROOM 300, WASHINGTON, DC. 20005.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ SECTION 7116(A)(1) AND (8) 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.
 
    /2/ IN SO CONCLUDING, THE AUTHORITY FINDS IT UNNECESSARY TO PASS UPON
 THE JUDGE'S ADDITIONAL FINDING THAT THE RESPONDENT ALSO VIOLATED SECTION
 7116(A)(5) BY SUCH CONDUCT.  SEE, E.G., STATE OF CALIFORNIA NATIONAL
 GUARD, 8 FLRA NO. 11 (1982).
 
    /3/ THE JUDGE'S RECOMMENDED AFFIRMATIVE REMEDY IS AMENDED TO CLARIFY
 THAT ALL EMPLOYEES, INCLUDING BUT NOT LIMITED TO JUDY OSLAGER, JEAN
 WHITENER AND DONALD GEIGER, WHO WERE DENIED OFFICIAL TIME FOR TRAVEL
 AND/OR TRAVEL AND PER DIEM EXPENSES AS A RESULT OF THEIR PARTICIPATION
 IN NEGOTIATING THE PARTIES' NATIONAL AGREEMENT AFTER JANUARY 11, 1979,
 ARE ENTITLED THERETO.  MOREOVER, INASMUCH AS THE UNIT HEREIN IS
 NATIONWIDE IN SCOPE AND THE UNION'S REPRESENTATIVES AT THE NEGOTIATING
 SESSIONS WERE PARTICIPATING ON BEHALF OF THE ENTIRE UNIT, THE AUTHORITY
 SHALL FURTHER MODIFY THE JUDGE'S RECOMMENDED ORDER TO REQUIRE NOTICES TO
 BE POSTED AT ALL OF THE RESPONDENT'S FACILITIES WHERE BARGAINING UNIT
 EMPLOYEES ARE LOCATED.
 
    /4/ AT