09:0637(72)CA - Treasury, IRS and Treasury, IRS Southwest Region and NTEU and NTEU Chapter 91 -- 1982 FLRAdec CA



[ v09 p637 ]
09:0637(72)CA
The decision of the Authority follows:


 9 FLRA No. 72
 
 UNITED STATES DEPARTMENT OF THE TREASURY
 INTERNAL REVENUE SERVICE AND
 UNITED STATES DEPARTMENT OF THE TREASURY
 INTERNAL REVENUE SERVICE, SOUTHWEST REGION
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION AND
 NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 91
 Charging Party
 
                                            Case No. 6-CA-857
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED HIS DECISION IN THE
 ABOVE-ENTITLED PROCEEDING GRANTING THE GENERAL COUNSEL'S MOTION FOR
 SUMMARY JUDGMENT, FINDING THAT THE RESPONDENT HAD ENGAGED IN CERTAIN
 UNFAIR LABOR PRACTICES, AND RECOMMENDING THAT THE RESPONDENT BE ORDERED
 TO CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION.
 THEREAFTER, THE RESPONDENT 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 AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED.  THE RULINGS
 ARE HEREBY AFFIRMED.  /1/ UPON CONSIDERATION OF THE JUDGE'S DECISION AND
 THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY HEREBY ADOPTS THE JUDGE'S
 FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.  /2/
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
 AUTHORITY AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS THAT THE UNITED STATES
 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES
 DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, SOUTHWEST REGION,
 SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE EMPLOYEE WILLARD NICHOLS OFFICIAL
 TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME
 ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER
 91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING NEGOTIATIONS OF A
 COLLECTIVE BARGAINING AGREEMENT.
 
    (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 WILLARD NICHOLS OFFICIAL TIME FOR
 TRAVEL TO AND FROM THE SEPTEMBER 12, 1980 NEGOTIATIONS FOR THE TIME HE
 OTHERWISE WOULD HAVE BEEN IN A DUTY STATUS;  AND, UPON SUBMISSION OF AN
 APPROPRIATE VOUCHER, PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER
 DIEM EXPENSES INCURRED DURING SUCH NEGOTIATIONS.
 
    (B) POST AT ALL OF ITS OFFICES IN THE SOUTHWEST REGION WHERE UNIT
 EMPLOYEES ARE LOCATED, 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 COMMISSIONER OF THE SOUTHWEST REGION 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 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 VI, 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 EMPLOYEE WILLARD NICHOLS OFFICIAL
 TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME
 ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER
 91, OUR EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING NEGOTIATIONS OF A
 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 PROVIDE UNION
 REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM THE
 SEPTEMBER 12, 1980 NEGOTIATIONS FOR THE TIME HE OTHERWISE WOULD HAVE
 BEEN IN A DUTY STATUS;  AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER,
 PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER DIEM EXPENSES INCURRED
 DURING SUCH NEGOTIATIONS.
 
                            (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 VI,
 FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:  BRYAN & ERVAY
 STREETS, ROOM 450, P.O. BOX 2640, DALLAS, TEXAS 75221, AND WHOSE
 TELEPHONE NUMBER IS (214) 767-4996.
 
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    GARY A. ANDERSON, ESQUIRE
    WILLIAM P. LEHMAN, ESQUIRE
    FOR THE RESPONDENT
 
    ELIZABETH A. MARTINEZ, ESQUIRE
    FOR THE GENERAL COUNSEL
 
    BEFORE:  RANDOLPH D. MASON
    ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
    THIS PROCEEDING AROSE PURSUANT TO THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101 ET SEQ., AS A RESULT
 OF AN UNFAIR LABOR PRACTICE COMPLAINT DATED JANUARY 21, 1981, FILED BY
 THE REGIONAL DIRECTOR, REGION VI, FEDERAL LABOR RELATIONS AUTHORITY,
 DALLAS, TEXAS, AGAINST THE U.S. DEPARTMENT OF THE TREASURY, INTERNAL
 REVENUE SERVICE AND U.S.  DEPARTMENT OF THE TREASURY, INTERNAL REVENUE
 SERVICE, SOUTHWEST REGION ("RESPONDENT").  THE COMPLAINT ALLEGED THAT
 RESPONDENT VIOLATED SECTIONS 7116(A)(1) AND (8) OF THE STATUTE WHEN IT
 FAILED TO COMPLY WITH SEC. 7131(A) BY REFUSING TO PROVIDE AN EMPLOYEE
 WITH OFFICIAL TIME FOR TRAVEL AND EXPENSES FOR TRAVEL AND PER DIEM IN
 CONNECTION WITH CERTAIN NEGOTIATIONS.  IN ITS ANSWER, RESPONDENT
 ADMITTED, IN ALL MATERIAL RESPECTS, THE FACTUAL ALLEGATIONS OF THE
 COMPLAINT, BUT DENIED THAT IT HAD VIOLATED THE STATUTE.
 
    ON MARCH 4, 1981, COUNSEL FOR THE GENERAL COUNSEL FILED A MOTION FOR
 SUMMARY JUDGEMENT IN THIS CASE, ASSERTING THAT THERE WERE NO MATERIAL
 ISSUES OF FACT RAISED BY THE PLEADINGS AND THAT A HEARING WAS NOT
 REQUIRED.  IN ITS RESPONSE TO THIS MOTION, RESPONDENT ARGUED THAT A
 HEARING WAS NECESSARY TO RESOLVE CERTAIN "FACTUAL DISPUTES." BY ORDER
 DATED MAY 15, 1981, THE CHIEF ADMINISTRATIVE LAW JUDGE HELD THAT THE
 ISSUES RAISED BY THE RESPONDENT WERE NOT PERTINENT TO THE QUESTION OF
 WHETHER AN UNFAIR LABOR PRACTICE HAD BEEN COMMITTED.  /3/ IT WAS THEN
 ORDERED THAT THE PARTIES WERE ENTITLED TO FILE BRIEFS ON OR BEFORE JUNE
 5, 1981.  RESPONDENT AND GENERAL COUNSEL FILED BRIEFS WHICH HAVE BEEN
 DULY CONSIDERED.  BASED ON THE ENTIRE RECORD HEREIN, INCLUDING THE
 PLEADINGS, THE MOTION FOR SUMMARY JUDGEMENT, RESPONDENT'S MOTION IN
 OPPOSITION THERETO, AND ALL BRIEFS WHICH HAVE BEEN FILED, I MAKE THE
 FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER:
 
                             FINDINGS OF FACT
 
    THE NATIONAL TREASURY EMPLOYEES UNION ("NTEU") IS THE EXCLUSIVE
 REPRESENTATIVE FOR RESPONDENT'S EMPLOYEES IN A NATIONWIDE BARGAINING
 UNIT.  AT ALL TIMES MATERIAL HEREIN, CHAPTER 91 HAS BEEN THE LOCAL
 REPRESENTATIVE OF NTEU AT THE SOUTHWEST REGIONAL OFFICE OF RESPONDENT.
 
    ON OR ABOUT SEPTEMBER 12, 1980, RESPONDENT'S SOUTHWEST REGION AND
 CHAPTER 91 ENGAGED IN NEGOTIATIONS CONCERNING A CHANGE IN TRAVEL POLICY
 FOR APPEALS OFFICERS.  ON THAT DATE, WILLARD G. NICHOLS, AN IRS EMPLOYEE
 WITH A POST OF DUTY IN HOUSTON, TEXAS, PARTICIPATED AS A REPRESENTATIVE
 OF NTEU IN THOSE NEGOTIATIONS AT RESPONDENT'S REGIONAL LEVEL IN DALLAS,
 TEXAS.  IT WAS NECESSARY FOR HIM TO TRAVEL ROUND TRIP FROM HOUSTON TO
 DALLAS IN ORDER TO PARTICIPATE.  SINCE NOVEMBER 3, 1980, RESPONDENT HAS
 FAILED TO GRANT EMPLOYEE-NEGOTIATOR NICHOLS OFFICIAL TIME FOR TRAVEL AND
 HAS REFUSED TO PAY HIS TRAVEL AND PER DIEM EXPENSES WITH RESPECT TO THE
 ABOVE NEGOTIATIONS OF SEPTEMBER 12, 1980.
 
                            CONCLUSIONS OF LAW
 
    THE PRIMARY QUESTION PRESENTED FOR DECISION IS WHETHER RESPONDENT
 VIOLATED SEC. 7131(A) OF THE STATUTE BY REFUSING TO REIMBURSE A UNION
 REPRESENTATIVE ENGAGED IN NEGOTIATIONS FOR PER DIEM AND TRAVEL EXPENSES
 AND BY REFUSING TO GRANT OFFICIAL TIME FOR TRAVEL TO AND FROM THE
 NEGOTIATIONS.  SECTION 7131(A) OF THE STATUTE PROVIDES:
 
    ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF AN COLLECTIVE
 
    BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE AUTHORIZED OFFICIAL
 TIME FOR SUCH PURPOSES,
 
    INCLUDING ATTENDANCE AT IMPASSE PROCEEDING, 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 (1979), THE
 AUTHORITY EXPANDED UPON THE MEANING AND APPLICATION OF SEC. 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
 PAYMENT BY 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 SEC. 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 OBLIGATION 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.
 
    ON BRIEF, RESPONDENT ARGUES THAT THE AUTHORITY'S INTERPRETATION AND
 GUIDANCE, 2 FLRA NO. 31 (1979), IS WITHOUT SUPPORT IN THE CIVIL SERVICE
 REFORM ACT OR ITS LEGISLATIVE HISTORY, AND THAT RESPONDENT HAS NO
 AUTHORITY TO EXPEND ITS APPROPRIATED FUNDS FOR THE PAYMENT OF THE TRAVEL
 AND PER DIEM EXPENSES IN QUESTION.  THESE SAME ARGUMENTS WERE REJECTED
 BY THE AUTHORITY IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN
 REGION, DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA
 NO. 40 (1980);  SEE ALSO, U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND
 EDUCATION ADMINISTRATION, AGRICULTURAL RESEARCH, NORTH CENTRAL REGION,
 DAKOTAS-ALASKA AREA, 6 FLRA NO. 45 (JULY 15, 1981).  SINCE I AM
 CONSTRAINED TO FOLLOW THE AUTHORITY'S PRONOUNCEMENTS, I MUST REJECT
 THESE SAME ARGUMENTS ADVANCED BY THE RESPONDENT IN THE INSTANT CASE.
 
    FINALLY, RESPONDENT ARGUES THAT OFFICIAL TIME DOES NOT COVER TRAVEL
 TO AND FROM BARGAINING SESSIONS, AND ONLY COVERS THAT TIME SPENT IN FACE
 TO FACE NEGOTIATIONS.  THIS ARGUMENT MUST ALSO BE REJECTED.  IN THE
 AUTHORITY'S VIEW, WHEN IT IS REQUIRED THAT AN EMPLOYEE TRAVEL TO
 PARTICIPATE IN OFFICIAL TIME ACTIVITIES UNDER SEC. 7131(A), DURING THE
 TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY STATUS, SUCH TRAVEL TIME
 IS PART OF THE OFFICIAL TIME.  FLORIDA NATIONAL GUARD, 5 FLRA NO. 49
 (1981).
 
    IN VIEW OF THE FOREGOING, I MUST CONCLUDE AND HOLD THAT THE
 RESPONDENT FAILED TO COMPLY WITH SEC. 7131(A) OF THE STATUTE WHEN IT
 REFUSED TO GRANT NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM THE
 NEGOTIATION SITE DURING THE TIME HE OTHERWISE WOULD HAVE BEEN IN A DUTY
 STATUS.  THAT SECTION WAS ALSO VIOLATED WHEN RESPONDENT REFUSED TO
 REIMBURSE NICHOLS FOR HIS TRAVEL AND PER DIEM EXPENSES IN CONNECTION
 WITH THE SEPTEMBER 12, 1980 NEGOTIATIONS.  RESPONDENT'S FAILURE TO
 COMPLY WITH SEC. 7131(A) CONSTITUTED A VIOLATION OF SEC. 7116(A)(8) AND
 (1) OF THE STATUTE.  I HEREBY GRANT THE MOTION FOR SUMMARY JUDGMENT AND
 RECOMMEND THAT THE AUTHORITY ADOPT THE FOLLOWING:
 
                                   ORDER
 
    PURSUANT TO 5 U.S.C. 7118(A)(7) AND SEC. 2423.26 OF THE FINAL RULES
 AND REGULATIONS, 45 FED.REG. 3482, 3510 (1980), IT IS HEREBY ORDERED
 THAT THE U.S.  DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE AND
 U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, SOUTHWEST
 REGION, SHALL:
 
    1.  CEASE AND DESIST:
 
    (A) FAILING AND REFUSING TO PROVIDE WILLARD NICHOLS OR ANY AGENCY
 EMPLOYEE, OFFICIAL TIME
 
    FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME
 ENGAGED IN REPRESENTING THE
 
    NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES'
 EXCLUSIVE REPRESENTATIVE,
 
    DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING
 AGREEMENT, EQUAL TO THE AMOUNT TO
 
    WHICH AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE
 ENTITLED.
 
    (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 ACTION IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICIES OF THE STATUTE:
 
    (A) PROVIDE UNION REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR
 TRAVEL TO AND FROM THE
 
    SEPTEMBER 12, 1980, NEGOTIATIONS DURING THE TIME HE OTHERWISE WOULD
 HAVE BEEN IN A DUTY
 
    STATUS;  AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER, PAY TO
 WILLARD NICHOLS APPROPRIATE
 
    TRAVEL AND PER DIEM EXPENSES EQUAL TO THE AMOUNT TO WHICH AN EMPLOYEE
 ENGAGED IN OFFICIAL
 
    AGENCY BUSINESS WOULD BE ENTITLED.
 
    (B) POST AT ALL OF ITS OFFICES IN THE SOUTHWEST REGION WHERE UNIT
 EMPLOYEES ARE LOCATED,
 
    COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX." COPIES OF SAID
 NOTICE TO BE FURNISHED BY THE
 
    REGIONAL DIRECTOR FOR REGION VI AFTER BEING SIGNED BY THE REGIONAL
 COMMISSIONER, SHALL BE
 
    POSTED BY IT IMMEDIATELY UPON RECEIPT THEREOF AND BE MAINTAINED BY IT
 FOR 60 CONSECUTIVE DAYS
 
    THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS
 WHERE NOTICES TO EMPLOYEES
 
    ARE CUSTOMARILY POSTED.  REASONABLE STEPS SHALL BE TAKEN BY
 RESPONDENT TO ENSURE THAT SAID
 
    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 VI, 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.
 
                         RANDOLPH D. MASON
                         ADMINISTRATIVE LAW JUDGE
 
 DATED:  JULY 21, 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 OR REFUSE TO PROVIDE WILLARD NICHOLS, OR ANY AGENCY
 EMPLOYEE, OFFICIAL TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM
 EXPENSES FOR TIME ENGAGED IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE,
 DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT,
 EQUAL TO AN AMOUNT TO WHICH AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY
 BUSINESS WOULD BE ENTITLED.  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 WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM
 UNION-AGENCY NEGOTIATIONS ON SEPTEMBER 12, 1980, IN ADDITION TO OFFICIAL
 TIME DURING SAID NEGOTIATIONS, AND, UPON SUBMISSION OF AN APPROPRIATE
 VOUCHER, PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER DIEM EXPENSES
 EQUAL TO AN AMOUNT TO WHICH 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 OR COMPLIANCE WITH ANY OF ITS
 PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR,
 REGION VI, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:  BRYAN &
 ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS, 75221,
 AND WHOSE TELEPHONE NUMBER IS:  (214) 767-4996.
 
 
 
 
 
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