09:1065(150)CA - HHS, Region IV, Atlanta, GA and NTEU -- 1982 FLRAdec CA



[ v09 p1065 ]
09:1065(150)CA
The decision of the Authority follows:


 9 FLRA No. 150
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES
 REGION IV, ATLANTA, GEORGIA
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                            Case No. 4-CA-871
 
                            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 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 7131(A) OF
 THE STATUTE BY ITS REFUSAL TO REIMBURSE EMPLOYEE IRS COLTON FOR HIS
 TRAVEL AND PER DIEM EXPENSES INCURRED WHILE PARTICIPATING AS THE
 DESIGNATED UNION REPRESENTATIVE IN THE NEGOTIATION OF A COLLECTIVE
 BARGAINING AGREEMENT ON APRIL 7, 1981.
 
    THE FACTS HEREIN ARE SUBSTANTIALLY IDENTICAL TO THOSE FOUND 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).  FOR THE
 REASONS MORE FULLY STATED IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
 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.  WITH RESPECT TO RESPONDENT'S
 ARGUMENTS BASED ON THE ALLEGED SPECIAL CIRCUMSTANCES IT VIEWS TO BE
 PRESENT, /1/ THE AUTHORITY CONCLUDES THAT SUCH ARGUMENTS HAVE NO MERIT.
 THUS, A UNION CLEARLY HAS THE STATUTORY PREROGATIVE TO DESIGNATE ITS OWN
 REPRESENTATIVES IN NEGOTIATIONS, AND THE RESPONDENT HAS NOT ESTABLISHED
 THAT THE UNION HAS CLEARLY AND UNMISTAKABLY WAIVED SUCH PREROGATIVE.
 SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, 4 FLRA NO. 39(1980).
 /2/
 
                                   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 HEALTH AND HUMAN SERVICES, REGION IV, ATLANTA,
 GEORGIA SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED
 TRAVEL AND PER DIEM EXPENSES TO EMPLOYEE IRS COLTON, OR ANY OTHER
 EMPLOYEE, AS A RESULT OF PARTICIPATION PURSUANT TO SECTION 7131(A) OF
 THE STATUTE AS THE DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL
 TREASURY