10:0194(38)CA - Treasury, IRS and Treasury, IRS Austin District and NTEU and NTEU Chapter 52 -- 1982 FLRAdec CA

 10 FLRA No. 38
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 AUSTIN DISTRICT
 Respondents
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES UNION
 CHAPTER 52
 Charging Parties
 
                                          Case No. 6-CA-1215
 
                            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 FAILED AND REFUSED TO
 COMPLY WITH SECTION 7131(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE), IN VIOLATION OF SECTION 7116(A)(1) AND
 (8) OF THE STATUTE, BASED ON ITS DENIAL OF OFFICIAL TIME FOR TRAVEL AND
 ITS DENIAL OF REIMBURSEMENT FOR TRAVEL AND PER DIEM EXPENSES TO EMPLOYEE
 FRANCIS MILNER, THE DESIGNATED REPRESENTATIVE OF THE UNION IN MID-TERM
 NEGOTIATIONS CONDUCTED ON FEBRUARY 23, 1981.
 
    THE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY IDENTICAL TO
 THOSE 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/
 THUS, FOR THE REASONS SET FORTH THEREIN, THE AUTHORITY FINDS THAT THE
 RESPONDENT 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.  /2/