10:0147(29)CA - Bureau of Alcohol, Tobacco and Firearms, Treasury and NTEU Chapter 130 -- 1982 FLRAdec CA

 10 FLRA No. 29
 
 BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, DEPARTMENT OF THE TREASURY
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 130
 Charging Party
 
                                            Case No. 3-CA-1505
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE 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 AND THE CONTENTIONS OF THE PARTIES, 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.  THE STIPULATION OF FACTS ESTABLISHES THAT THE RESPONDENT
 REFUSED TO PROVIDE OFFICIAL TIME FOR EMPLOYEE MICHAEL BREEN, THE
 DESIGNATED UNION REPRESENTATIVE AND NEGOTIATOR, AND REQUIRED HIM TO
 UTILIZE ANNUAL LEAVE ON AUGUST 21, 1980, FOR THE TIME IN WHICH HE WAS
 ENGAGED IN MID-TERM BARGAINING.
 
    THE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY IDENTICAL TO
 THOSE INVOLVED 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).  THUS, FOR THE REASONS SET FORTH IN DETAIL 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.  SEE
 ALSO INTERPRETATION AND GUIDANCE, 2 FLRA 265(1979).