[ v10 p84 ]
10:0084(21)CA
The decision of the Authority follows:
10 FLRA No. 21
U.S. DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE AND
UNITED STATES DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE, DALLAS DISTRICT
Respondents
and
NATIONAL TREASURY EMPLOYEES UNION
AND NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 46
Charging Party
Case No. 6-CA-1250
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 THIS CASE, INCLUDING THE
STIPULATION OF FACTS AND THE PARTIES' CONTENTIONS, THE AUTHORITY FINDS:
THE COMPLAINT ALLEGES THAT THE RESPONDENTS VIOLATED SECTION
7116(A)(1) AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (THE STATUTE) WHEN THEY FAILED AND REFUSED TO COMPLY WITH
SECTION 7131(A) OF THE STATUTE BY DENYING REIMBURSEMENT OF TRAVEL AND
PER DIEM EXPENSES TO THE EMPLOYEES JACK LAMPMAN AND ROBERT W. ENDSLEY
INCURRED IN CONNECTION WITH NEGOTIATIONS OVER THE MOVE OF THE SHERMAN,
TEXAS POST-OF-DUTY TO A NEW OFFICE LOCATION. THE RESPONDENTS ADMIT THAT
THE VOUCHERS FOR TRAVEL EXPENSES SUBMITTED BY THE NAMED EMPLOYEES WERE
REJECTED.
THE DISPOSITIVE FACTS AND POSITIONS OF THE PARTIES 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, 672 F.2D 732 (9TH CIR.
1982). /1/ FOR THE REASONS FULLY STATED IN BUREAU OF ALCOHOL, TOBACCO
AND FIREARMS, THE AUTHORITY FINDS THAT THE RESPONDENTS HEREIN HAVE
FAILED AND REFUSED TO COMPLY WITH SECTION 7131(A) OF THE STATUTE AND
THEREFORE HAVE VIOLATED SECTION 7116(A)(1) AND (8) OF THE STATUTE. IN
THIS REGARD, THE AUTHORITY FINDS NO MERIT TO RESPONDENTS' ADDITIONAL
CONTENTION THAT THE NEGOTIATIONS CONDUCTED HEREIN WERE, IN EFFECT, LOCAL
NEGOTIATIONS SUPPLEMENTING A NATIONAL OR CONTROLLING AGREEMENT AND THUS
WERE NOT COVERED BY THE OFFICIAL TIME PROVISIONS OF SECTION 7131(A) OF
THE STATUTE. INASMUCH AS THE NEGOTIATIONS INVOLVED BARGAINING OVER A
MANAGEMENT-INITIATED CHANGE IN CONDITIONS OF EMPLOYMENT WHICH OCCURRED
DURING THE TERM OF AN EXISTING COLLECTIVE BARGAINING AGREEMENT AND THUS
INVOLVED THE RESPONDENTS' STATUTORY OBLIGATION TO BARGAIN, /2/ SUCH
NEGOTIATIONS CLEARLY WERE NOT LOCAL SUPPLEMENTAL NEGOTIATIONS CONDUCTED
PURSUANT TO A VOLUNTARY AGREEMENT BY THE PARTIES AT THE LEVEL OF
EXCLUSIVE RECOGNITION. THUS, INTERPRETATION AND GUIDANCE, 7 FLRA NO.
105(1982), RELIED UPON BY THE RESPONDENTS, IS NOT APPLICABLE HEREIN.
FURTHER, WITH REGARD TO RESPONDENTS, CONTENTION THAT OFFICIAL TIME UNDER
SECTION 7131(A) OF THE STATUTE DOES NOT ENCOMPASS TRAVEL TO AND FROM
BARGAINING SESSIONS, THE AUTHORITY HELD IN FLORIDA NATIONAL GUARD, 5
FLRA NO. 49(1981), THAT "SUCH TRAVEL TIME IS PART OF THE OFFICIAL TIME"
COVERED BY SECTION 7131(A).
ORDER
PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS 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, DALLAS DISTRICT, SHALL:
1. CEASE AND DESIST FROM:
(A) FAILING AND REFUSING TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED
TRAVEL AND PER DIEM EXPENSES TO EMPLOYEES JACK LAMPMAN AND ROBERT W.
ENDSLEY, AS A RESULT OF THEIR PARTICIPATION AS THE DULY DESIGNATED
REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION AND NATIONAL
TREASURY EMPLOYEES UNION, CHAPTER 46, ITS EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, IN COLLECTIVE BARGAINING NEGOTIATIONS CONDUCTED ON MAY
20, 1981.
(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 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE:
(A) REIMBURSE EMPLOYEES JACK LAMPMAN AND ROBERT W. ENDSLEY BASED UPON
THEIR PREVIOUSLY SUBMITTED VOUCHERS FOR THEIR TRAVEL AND PER DIEM
EXPENSES INCURRED IN CONNECTION WITH COLLECTIVE BARGAINING NEGOTIATIONS
CONDUCTED ON MAY 20, 1981.
(B) POST AT ITS FACILITIES IN THE DALLAS DISTRICT COPIES OF THE
ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE AUTHORITY. UPON RECEIPT
OF SUCH FORMS, THEY SHALL BE SIGNED BY THE DISTRICT DIRECTOR, OR HIS
DESIGNEE, 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
DISTRICT DIRECTOR 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., SEPTEMBER 17, 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 PAYMENT OF PROPERLY DOCUMENTED
TRAVEL AND PER DIEM EXPENSES TO EMPLOYEES JACK LAMPMAN AND ROBERT W.
ENDSLEY, AS A RESULT OF THEIR PARTICIPATION AS THE DULY DESIGNATED
REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION AND NATIONAL
TREASURY EMPLOYEES UNION, CHAPTER 46, OUR EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, IN COLLECTIVE BARGAINING NEGOTIATIONS CONDUCTED ON MAY
20, 1981.
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 REIMBURSE EMPLOYEES JACK LAMPMAN AND ROBERT W. ENDSLEY BASED
UPON THEIR PREVIOUSLY SUBMITTED VOUCHERS FOR TRAVEL AND PER DIEM
EXPENSES INCURRED IN CONNECTION WITH COLLECTIVE BARGAINING NEGOTIATIONS
CONDUCTED ON MAY 20, 1981.
(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.
--------------- FOOTNOTES$ ---------------
/1/ BUT SEE DIVISION OF MILITARY AND NAVAL AFFAIRS, STATE OF NEW YORK
(ALBANY, NEW YORK), 7 FLRA NO. 69(1981), REVERSED SUB NOM. DIVISION OF
MILITARY AND NAVAL AFFAIRS V. FEDERAL LABOR RELATIONS AUTHORITY, 683
F.2D 45 (2D CIR. 1982) AND U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND
EDUCATION ADMINISTRATION, AGRICULTURAL RESEARCH, NORTH CENTRAL REGION,
ALASKA-DAKOTAS AREA, 6 FLRA NO. 45(1981), REVERSED SUB NOM. UNITED
STATES DEPARTMENT OF AGRICULTURE V. FEDERAL LABOR RELATIONS AUTHORITY,
NO. 81-1948 (8TH CIR. AUG. 9, 1982).
/2/ SEE UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE
SERVICE AND UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE
SERVICE, SOUTHWEST REGION, 9 FLRA NO. 72(1982).