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



[ 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