10:0084(21)CA - Treasury, IRS and Treasury, IRS, Dallas District and NTEU and NTEU Chapter 46 -- 1982 FLRAdec CA



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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 VOLUNTA