10:0210(42)CA - Treasury, IRS Washington, DC and its Indianapolis, Indiana and Dallas, Texas Districts and NTEU and NTEU Chapter 49 -- 1982 FLRAdec CA



[ v10 p210 ]
10:0210(42)CA
The decision of the Authority follows:


 10 FLRA No. 42
 
 DEPARTMENT OF THE TREASURY
 INTERNAL REVENUE SERVICE
 WASHINGTON, D.C. AND ITS
 INDIANAPOLIS, INDIANA AND
 DALLAS, TEXAS DISTRICTS
 Respondents
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION AND
 NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 49
 Charging Party
 
                                            Case No. 5-CA-593
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED DECISION IN THE
 ABOVE-ENTITLED PROCEEDING, FINDING THAT THE RESPONDENTS HAD ENGAGED IN
 THE UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINT, AND RECOMMENDING
 THAT THEY BE ORDERED TO CEASE AND DESIST THEREFROM AND TAKE CERTAIN
 AFFIRMATIVE ACTION.  THEREAFTER, THE RESPONDENTS FILED EXCEPTIONS TO THE
 JUDGE'S DECISION AND A SUPPORTING BRIEF.
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (THE STATUTE), THE AUTHORITY HAS REVIEWED THE RULINGS OF THE
 JUDGE MADE AT THE HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS
 COMMITTED.  THE RULINGS ARE HEREBY AFFIRMED.  UPON CONSIDERATION OF THE
 JUDGE'S DECISION AND THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY
 HEREBY ADOPTS THE JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS.
 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.2ND 732 (9TH CIR. 1982);  FLORIDA NATIONAL
 GUARD, 5 FLRA NO. 49(1981), APPEAL DOCKETED, NO. 81-5466 (5TH CIR. MAY
 18, 1981).  /1/
 
                                   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, IT IS HEREBY ORDERED THAT
 THE DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, WASHINGTON,
 D.C., AND ITS INDIANAPOLIS, INDIANA AND DALLAS, TEXAS DISTRICTS, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE EMPLOYEES GENE FRIEDMAN AND NANCY
 SMITH OFFICIAL TIME, INCLUDING NECESSARY TRAVEL AND PER DIEM EXPENSES,
 IN COMPLIANCE WITH SECTION 7131(A) OF THE STATUTE, FOR THE TIME THEY
 WERE ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, AND
 THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 49, THE EMPLOYEES'
 EXCLUSIVE REPRESENTATIVE, IN CONNECTION WITH IMPASSE PROCEEDINGS IN JUNE
 1980.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING 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 STATUTE:
 
    (A) PROVIDE EMPLOYEES GENE FRIEDMAN AND NANCY SMITH OFFICIAL TIME FOR
 THE PERFORMANCE OF THEIR REPRESENTATIONAL DUTIES ON JUNE 12 AND 13,
 1980, IN CONNECTION WITH IMPASSE PROCEEDINGS, MAKE THEM WHOLE FOR ANY
 ANNUAL LEAVE CHARGED TO THEM FOR THOSE DAYS, AND, UPON SUBMISSION OF AN
 APPROPRIATE VOUCHER, REIMBURSE THEM FOR THEIR TRAVEL AND PER DIEM
 EXPENSES INCURRED IN CONNECTION WITH SUCH IMPASSE PROCEEDINGS.
 
    (B) POST AT ITS INDIANAPOLIS, INDIANA AND DALLAS, TEXAS DISTRICT
 OFFICES, COPIES OF THE ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE
 FEDERAL LABOR RELATIONS AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY
 SHALL BE SIGNED BY THE RESPECTIVE DISTRICT DIRECTORS OR THEIR DESIGNEES
 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.  REASONABLE STEPS
 SHALL BE TAKEN TO INSURE THAT SAID 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 V, 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 30, 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 EMPLOYEES GENE FRIEDMAN AND
 NANCY SMITH OFFICIAL TIME, INCLUDING NECESSARY TRAVEL AND PER DIEM
 EXPENSES, IN COMPLIANCE WITH SECTION 7131(A) OF THE STATUTE, FOR THE
 TIME THEY WERE ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES
 UNION, AND THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 49, THE
 EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN CONNECTION WITH IMPASSE
 PROCEEDINGS IN JUNE 1980.
 
    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 PROVIDE EMPLOYEES GENE FRIEDMAN AND NANCY SMITH OFFICIAL TIME
 FOR THE PERFORMANCE OF THEIR REPRESENTATIONAL DUTIES ON JUNE 12 AND 13,
 1980 IN CONNECTION WITH IMPASSE PROCEEDINGS, MAKE THEM WHOLE FOR ANY
 ANNUAL LEAVE CHARGED TO THEM FOR THOSE DAYS, AND, UPON SUBMISSION OF AN
 APPROPRIATE VOUCHER, REIMBURSE THEM FOR THEIR TRAVEL AND PER DIEM
 EXPENSES INCURRED IN CONNECTION WITH SUCH IMPASSE PROCEEDINGS.
 
                           (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 V, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:
  175 WEST JACKSON BOULEVARD, SUITE 1359-A, CHICAGO, ILLINOIS 60604, AND
 WHOSE TELEPHONE NUMBER IS:  (312) 353-0139.
 
 
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    JOHN A. FREEMAN, ESQ.
    SHANDON VICKERS, ESQ.
    FOR THE RESPONDENT
 
    SANDRA LEBOLD, ESQUIRE
    FOR THE GENERAL COUNSEL
 
    JOSEPH V. KAPLAN, ESQ.
    GEORGE BILQUE, ESQ.
    FOR THE CHARGINIG PARTY
 
    BEFORE:  FRANCIS E. DOWD
    ADMINISTRATIVE LAW JUDGE
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THIS MATTER AROSE UNDER THE PROVISIONS OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, 92 STAT. 1191, 5 U.S.C. 7101 ET
 SEQ., (HEREIN REFERRED TO AS THE STATUTE).  ESSENTIALLY, THE CASE
 INVOLVES WHETHER RESPONDENT IS OBLIGATED UNDER THE STATUTE TO GRANT
 OFFICIAL TIME, TRAVEL AND PER DIEM EXPENSES TO EMPLOYEE-UNION
 REPRESENTATIVES RELATIVE TO THEIR PARTICIPATION IN AN IMPASSE PROCEEDING
 BEFORE THE FEDERAL SERVICE IMPASSES PANEL IN WASHINGTON, D.C.
 
    UPON AN UNFAIR LABOR PRACTICE CHARGE FILED ON JUNE 26, 1980, AND AN
 AMENDED CHARGE FILED ON AUGUST 28, 1980, THE GENERAL COUNSEL OF THE
 FEDERAL LABOR RELATIONS AUTHORITY, BY THE REGIONAL DIRECTOR FOR REGION
 5, ISSUED A COMPLAINT AND NOTICE OF HEARING ON OCTOBER 23, 1980 ALLEGING
 THAT THE DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE,
 WASHINGTON, D.C. AND ITS INDIANAPOLIS, INDIANA AND DALLAS, TEXAS
 DISTRICTS (THE RESPONDENT), ENGAGED IN UNFAIR LABOR PRACTICES WITHIN THE
 MEANING OF SECTIONS 7116(A)(1) AND (8) OF THE STATUTE BY REFUSING TO
 GRANT TO GENE FRIEDMAN AND NANCY SMITH, REPRESENTATIVES OF THE NATIONAL
 TREASURY EMPLOYEES UNION AND NATIONAL TREASURY EMPLOYEES UNION, CHAPTER
 49, (THE UNION) OFFICIAL TIME IN WHICH TO PARTICIPATE IN AN IMPASSE
 PROCEEDING BEFORE THE FEDERAL SERVICE IMPASSES PANEL IN WASHINGTON,
 D.C., ON JUNE 13, 1980, CONCERNING A DISPUTE OVER THE IMPLEMENTATION OF
 PHASE V OF THE "COLLINS SYSTEM." RESPONDENT DENIED THE COMMISSION OF ANY
 UNFAIR LABOR PRACTICE AND A HEARING BEFORE THE UNDERSIGNED WAS CONDUCTED
 ON DECEMBER 17, 1980.
 
    AT THE HEARING ALL PARTIES WERE REPRESENTED BY COUNSEL AND AFFORDED
 FULL OPPORTUNITY TO ADDUCE EVIDENCE AND CALL, EXAMINE AND CROSS-EXAMINE
 WITNESSES.  BRIEFS WERE FILED BY RESPONDENT, THE GENERAL COUNSEL AND THE
 CHARGING PARTY.
 
    UPON THE ENTIRE RECORD IN THIS MATTER, MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, AND FROM MY EVALUATION OF THE EVIDENCE, I
 MAKE THE FOLLOWING:
 
                             FINDINGS OF FACT
 
    1.  AT ALL TIMES MATERIAL, THE NATIONAL TREASURY EMPLO?EES UNION AND
 THE NATIONAL TREASURY EMPLOYEES UNION CHAPTER 49, HEREINAFTER THE UNION,
 HAVE BEEN THE EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE FOR AN
 APPROPRIATE UNIT OF RESPONDENT EMPLOYEES.
 
    2.  ON JUNE 11, 1980, GENE FRIEDMAN, PRESIDENT, NATIONAL TREASURY
 EMPLOYEES UNION CHAPTER 49, INDIANAPOLIS, INDIANA WAS TOLD THAT HE WAS
 GOING TO BE A WITNESS AT A HEARING OF THE FEDERAL SERVICE IMPASSES PANEL
 IN WASHINGTON, D.C. ON JUNE 13, 1980.  THE UNION'S NATIONAL OFFICE
 SELECTED FRIEDMAN TO BE A WITNESS BUT THE INFORMATION WAS FIRST RELAYED
 TO HIM BY JAMES CHRISTOPHER, CHIEF, TAXPAYER SERVICE DIVISION,
 INDIANAPOLIS, INDIANA AND A MANAGEMENT WITNESS FOR THE FSIP HEARING.
 THE HEARING CONCERNED THE IMPLEMENTATION OF THE ROCKWELL COLLINS
 COMPUTER SYSTEM ON A NATIONAL BASIS.  FRIEDMAN HAD FAMILIARITY WITH THE
 SUBJECT BECAUSE HE HAD RECENTLY NEGOTIATED A LOCAL AGREEMENT ON THE SAME
 SUBJECT FOR THE INDIANAPOLIS DISTRICT.
 
    3.  PRIOR TO DEPARTING FOR WASHINGTON, FRIEDMAN HAD SEVERAL
 CONVERSATIONS WITH THE RESPONDENT CONCERNING OFFICIAL TIME, TRAVEL AND
 PER DIEM FOR THE TRIP.  THESE CONVERSATIONS WERE CONFIRMED IN WRITING.
 DESPITE FRIEDMAN'S REQUEST TO THE CONTRARY, THE RESPONDENT CONSISTENTLY
 DENIED FRIEDMAN OFFICIAL TIME FOR TIME SPENT IN TRAVEL, TRAVEL EXPENSES,
 AND PER DIEM FOR THE TRIP.  HOWEVER, HE WAS GRANTED EIGHT HOURS OF
 OFFICIAL TIME FOR THE ACTUAL FSIP PROCEEDING ON JUNE 13, 1980.
 
    4.  AT APPROXIMATELY NOON ON JUNE 12, 1980, FRIEDMAN LEFT FOR THE
 HEARING IN WASHINGTON, D.C.  ON JUNE 13, 1980, FRIEDMAN ATTENDED THE
 FSIP HEARING.  THE RESPONDENT HAD APPROXIMATELY EIGHT REPRESENTATIVES
 AND THE UNION HAD FOUR REPRESENTATIVES.  A SETTLEMENT CONFERENCE WAS
 HELD AND PROVED SUCCESSFUL.  FRIEDMAN PARTICIPATED IN THE SETTLEMENT
 EFFORTS.  THE HEARING WAS FORMALLY OPENED AND THE SETTLEMENT WAS READ
 INTO THE RECORD.  FRIEDMAN RETURNED TO INDIANAPOLIS THE SAME DAY
 ARRIVING AT HIS HOME AT ABOUT 8:00 P.M.
 
    5.  FRIEDMAN LEFT AT NOON ON JUNE 12, 1980 BECAUSE OF AN IRS
 REQUIREMENT, AND A PROVISION IN THE PARTIES' MULTI-DISTRICT AGREEMENT,
 ARTICLE 28, WHICH PROVIDES THAT EMPLOYEES ARE TO TRAVEL ON THE
 EMPLOYEE'S STANDARD WORK TIME.  JAMES CHRISTOPHER, A RESPONDENT WITNESS
 FROM INDIANAPOLIS, INFORMED FRIEDMAN THAT HE (CHRISTOPHER) WAS LEAVING A
 DAY EARLIER AT 1:00 P.M.  ON JUNE 11, 1980 TO ATTEND THE FSIP HEARING.
 CHRISTOPHER AND FRIEDMAN RETURNED TO INDIANAPOLIS ON THE SAME FLIGHT ON
 JUNE 13, 1980.
 
    6.  FOLLOWING THE TRIP TO WASHINGTON, D.C., THE RESPONDENT MADE AN
 EFFORT TO REDUCE FROM EIGHT HOURS TO FIVE HOURS THE AMOUNT OF OFFICIAL
 TIME FRIEDMAN HAD PREVIOUSLY BEEN GRANTED FOR THE HEARING ITSELF.
 FRIEDMAN DID NOT SUBMIT A TRAVEL VOUCHER BECAUSE HE FELT IT WOULD BE
 FUTILE GIVEN THE RESPONDENT'S EARLIER REFUSAL.  THESE REFUSALS HAD BEEN
 CLEAR AND REPEATED.
 
    7.  NANCY SMITH, VICE PRESIDENT AND STEWARD, NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 46, DALLAS, TEXAS WAS CALLED BY FRANK FERRIS OF
 NTEU'S NATIONAL OFFICE IN JUNE 1980.  HE ASKED HER TO COME TO
 WASHINGTON, D.C. TO TESTIFY BEFORE THE FEDERAL SERVICE IMPASSES PANEL
 REGARDING THE IMPLEMENTATION OF THE COLLINS COMPUTER SYSTEM ON THE
 NATIONAL LEVEL.
 
    8.  SMITH WENT TO COY WILSON, ACTING BRANCH CHIEF, AND REQUESTED TIME
 TO ATTEND THE HEARING.  HE STATED THAT SHE WOULD RECEIVE NO
 ADMINISTRATIVE TIME FOR TRAVEL TO OR FROM WASHINGTON, D.C.  FOR THE DAY
 THE HEARING WAS SCHEDULED, SHE WOULD RECEIVE EIGHT HOURS OFFICIAL TIME
 AND WOULD BE REQUIRED TO TAKE ONE HOUR OF ANNUAL LEAVE OR LEAVE WITHOUT
 PAY.  /2/
 
    9/ ON JUNE 12, 1980, SMITH LEFT HER HOME AT APPROXIMATELY 8:00 P.M.
 AND FLEW TO WASHINGTON, D.C.  ON JUNE 13, 1980, SHE WENT TO THE MEETING
 OF THE IMPASSES PANEL.  SHE WAS THERE FROM APPROXIMATELY 9:00 A.M. TO
 1:30 P.M.  ALTHOUGH SHE WAS NOT CALLED AS A WITNESS, SHE DID PARTICIPATE
 IN THE SETTLEMENT EFFORTS BY CONSULTING WITH THE NTEU ATTORNEYS.  SHE
 RETURNED TO DALLAS FOLLOWING THE HEARING.
 
    10.  UPON HER RETURN TO DALLAS, SMITH SUBMITTED A TRAVEL VOUCHER FOR
 HER EXPENSES.  THE VOUCHER WAS RETURNED BY THE RESPONDENT WITH THE
 NOTATION:
 
    ON FEBRUARY 11, 1980, BOB TOBIAS, NTEU, WAS OFFICIALLY NOTIFIED THAT
 IRS WOULD NOT PAY
 
    TRAVEL AND PER DIEM FOR UNION NEGOTIATIONS.  SINCE THE IMPASSE
 PROCEEDINGS ARE AN EXTENSION OF NEGOTIATION PROCESS, I AM RETURNING YOUR
 VOUCHER WITHOUT ACTION.
 
    ALSO, UPON HER RETURN, SMITH LEARNED THAT AN SF-71, LEAVE REQUEST,
 HAD BEEN SUBMITTED ON HER BEHALF WHICH PROVIDED (A) FOUR HOURS OF ANNUAL
 LEAVE AND FIVE HOURS OF LEAVE WITHOUT PAY /3/ FOR JUNE 12, 1980;  (B)
 EIGHT HOURS OF ADMINISTRATIVE LEAVE AND ONE HOUR LEAVE WITHOUT PAY FOR
 JUNE 13, 1980.  A SHORT TIME LATER, SMITH WAS REQUIRED TO SIGN AN
 AMENDED SF-71 WHICH ALTERED THE ORIGINAL IN THAT IT PROVIDED FIVE HOURS
 OF ADMINISTRATIVE LEAVE (THE ACTUAL TIME SPENT AT THE FSIP PROCEEDINGS)
 AND FOUR HOURS LEAVE WITHOUT PAY FOR JUNE 13, 1980.  SMITH PROTESTED
 THIS DENIAL OF OFFICIAL TIME BUT THE RESPONDENT REFUSED TO GRANT HER ANY
 MORE HOURS OF OFFICIAL TIME FOR THE TWO DAY TRIP.
 
                     DISCUSSION AND CONCLUSIONS OF LAW
 
    THE FEDERAL SERVICE LABOR MANAGEMENT RELATIONS STATUTE, SECTION
 7131(A) PROVIDES:
 
    ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
 NEGOTIATION OF A COLLECTIVE
 
    BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE AUTHORIZED OFFICIAL
 TIME FOR SUCH PURPOSES,
 
    INCLUDING ATTENDANCE AT IMPASSE PROCEEDINGS, DURING THE TIME THE
 EMPLOYEE OTHERWISE WOULD BE
 
    IN A DUTY STATUS.  THE NUMBER OF EMPLOYEES FOR WHOM OFFICIAL TIME IS
 AUTHORIZED UNDER THIS
 
    SUBSECTION SHALL NOT EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED AS
 REPRESENTING THE AGENCY
 
    FOR SUCH PURPOSES.
 
    IN ITS INTERPRETATION AND GUIDANCE, 2 FLRA NO. 31, THE AUTHORITY
 EXPANDED UPON THE MEANING AND APPLICATION OF SECTION 7131(A) OF THE
 STATUTE.  IT CONCLUDED THAT THE OFFICIAL TIME PROVISIONS ENCOMPASS ALL
 NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN AN EXCLUSIVE
 REPRESENTATIVE AND AN AGENCY, "REGARDLESS OF WHETHER SUCH NEGOTIATIONS
 PERTAIN TO THE NEGOTIATION OR RENEGOTIATION OF A COLLECTIVE BARGAINING
 AGREEMENT." THE AUTHORITY ALSO CONCLUDED THAT EMPLOYEES REPRESENTING AN
 EXCLUSIVE REPRESENTATIVE ARE ENTITLED TO RECEIVE OFFICIAL TIME DURING
 THE TIME THEY WOULD OTHERWISE BE IN A DUTY STATUS UNDER SECTION 7131(A)
 OF THE STATUTE, WHICH ENTITLEMENT INCLUDES PAYMENTS BY THE AGENCY "FOR
 THEIR DUTY TIME AND TRAVEL AND PER DIEM EXPENSES." IN REACHING THE
 FOREGOING CONCLUSIONS, THE AUTHORITY INTERPRETED THE LANGUAGE AND
 LEGISLATIVE HISTORY OF THE STATUTE INCLUDING SECTION 7101(A) WHICH
 STATES THAT "LABOR ORGANIZATIONS AND COLLECTIVE BARGAINING IN THE CIVIL
 SERVICE ARE IN THE PUBLIC INTEREST." FURTHER, THE AUTHORITY STATED THAT
 ONLY BY AFFORDING UNION NEGOTIATORS OFFICIAL TIME, TRAVEL AND PER DIEM
 EXPENSES MAY EFFECTIVE UNION REPRESENTATION COMPARABLE TO THE
 REPRESENTATION OF MANAGEMENT BE ACHIEVED UNDER THE STATUTE, AND ONLY IN
 THIS MATTER MAY BOTH PARTIES EFFECTIVELY FULFILL THEIR RESPECTIVE
 OBLIGATIONS UNDER SECTION 7114(B) OF THE STATUTE TO MEET AT REASONABLE
 TIMES AND AS FREQUENTLY AS MAY BE NECESSARY FOR GOOD-FAITH NEGOTIATIONS
 ON CONDITIONS OF EMPLOYMENT.
 
    IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN REGION,
 DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA NO. 40,
 THE RESPONDENT CHALLENGED THE AUTHORITY'S VIEWS AND MADE THESE
 CONTENTIONS:
 
    1.  THE GUIDANCE AND INTERPRETATION CONTAINED IN 2 FLRA NO.  31 IS
 ARBITRARY AND CAPRICIOUS,
 
    AN ABUSE OF DISCRETION AND CONSTITUTES THE ESTABLISHMENT OF A POLICY
 WHICH IS BEYOND THE
 
    STATUTORY AUTHORITY OF THE AUTHORITY.
 
    2.  THE PAYMENT OF PER DIEM AND TRAVEL EXPENSES PURSUANT TO 2 FLRA
 NO. 31 IS CONTRARY TO
 
    LAW IN THAT MONEY HAS NOT BEEN SPECIFICALLY APPROPRIATED FOR THIS
 PURPOSE.
 
    THE FOREGOING ARGUMENTS, WHICH ARE AGAIN ASSERTED IN THE CASE BEFORE
 ME, WERE REJECTED BY ADMINISTRATIVE LAW JUDGE SALVATORE J. ARRIGO, WHO
 STATED AS FOLLOWS:
 
    AS AN ADMINISTRATIVE LAW JUDGE I AM CONSTRAINED TO FOLLOW THE
 AUTHORITY'S
 
    PRONOUNCEMENTS.  THEREFORE, TO ADDRESS ARGUMENTS WHICH ATTACK A
 STATUTORY INTERPRETATION MADE
 
    BY THE AUTHORITY OR QUESTION THE AUTHORITY'S POWER OR JUDGMENT IN
 TREATING A MATTER WOULD
 
    SERVE NO USEFUL PURPOSE, ESPECIALLY WHERE, AS HERE, THE AUTHORITY'S
 POSITION IS CLEAR AND
 
    UNMISTAKABLE.  ACCORDINGLY, I REJECT RESPONDENT'S ARGUMENT
 CHALLENGING THE AUTHORITY'S
 
    DISCRETION AND BEYOND ITS STATUTORY AUTHORITY.  SIMILARILY, I REJECT
 RESPONDENT'S CONTENTION
 
    THAT THE PAYMENT OF PER DIEM AND TRAVEL EXPENSES, AS REQUIRED BY THE
 AUTHORITY IN 2 FLRA
 
    NO. 31, IS CONTRARY TO LAW.
 
    ON APPEAL, THE AUTHORITY AFFIRMED AND ADOPTED THE ADMINISTRATIVE LAW
 JUDGE'S DECISION.  THAT DECISION IS BINDING UPON ME AND IS EQUALLY
 APPLICABLE TO THE INSTANT PROCEEDING.
 
    IN VIEW OF THE FOREGOING, I FIND AND CONCLUDE THAT RESPONDENT FAILED
 AND REFUSED TO COMPLY WITH SECTION 7131 OF THE STATUTE AND THEREBY
 VIOLATED SECTIONS 7116(A)(1) AND (8) OF THE STATUTE BY THE FOLLOWING
 CONDUCT:  REFUSING TO GIVE TO UNION REPRESENTATIVES GENE FRIEDMAN AND
 NANCY SMITH OFFICIAL TIME FOR THEIR ATTENDANCE AT IMPASSE PROCEEDINGS ON
 JUNE 12 AND 13, 1980 IN WASHINGTON, D.C., INCLUDING NECESSARY TRAVEL
 TIME AS OCCURRED DURING THEIR REGULAR WORK HOURS, AND INCLUDING
 NECESSARY TRANSPORTATION AND PER DIEM EXPENSES.
 
    HAVING FOUND AND CONCLUDED THAT RESPONDENT VIOLATED SECTIONS
 7116(A)(1) AND (8) OF THE STATUTE, I RECOMMEND THAT THE AUTHORITY ISSUE
 THE FOLLOWING:
 
                                   ORDER
 
    PURSUANT TO SECTION 7118(A)(7) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE AND SECTION 2423.29 OF THE FINAL
 RULES AND REGULATIONS, IT IS HEREBY ORDERED THAT THE DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE, WASHINGTON, D.C., AND ITS
 INDIANAPOLIS, INDIANA AND DALLAS, TEXAS DISTRICTS, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TO GENE FRIEDMAN AND NANCY SMITH
 OR ANY AGENCY
 
    EMPLOYEE, WHILE ENGAGING IN REPRESENTING THE NATIONAL TREASURY
 EMPLOYEES UNION, AND NATIONAL
 
    TREASURY EMPLOYEES UNION CHAPTER 49, THE EMPLOYEE'S EXCLUSIVE
 REPRESENTATIVE, DURING IMPASSE
 
    PROCEEDINGS, OFFICIAL TIME FOR SUCH PARTICIPATION INCLUDING NECESSARY
 TRAVEL TIME AS OCCURS
 
    DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE EMPLOYEE WOULD
 OTHERWISE BE IN A WORK OR
 
    PAID LEAVE STATUS.  IN ADDITION, NECESSARY TRAVEL AND PER DIEM
 EXPENSES SHALL BE PAID BY THE
 
    EMPLOYEE ACTIVITY OR AGENCY.
 
    (B) IN ANY LIKE OR RELATED MATTER, INTERFERING WITH, RESTRAINING, OR
 COERCING EMPLOYEES IN
 
    THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE.
 
    2.  TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
 PURPOSES AND POLICY OF THE STATUTE.
 
    (A) PROVIDE UNION REPRESENTATIVES GENE FRIEDMAN AND NANCY SMITH
 OFFICIAL TIME FOR THE
 
    PERFORMANCE OF THEIR REPRESENTATIONAL DUTIES ON JUNE 12 AND 13, 1980,
 AND MAKE THEM WHOLE FOR
 
    THE ANNUAL LEAVE THEY UTILIZED ON THOSE DATES, AND UPON SUBMISSION OF
 AN APPROPRIATE VOUCHER,
 
    PAY TO GENE FRIEDMAN AND NANCY SMITH WHATEVER TRAVEL AND PER DIEM
 EXPENSES AN EMPLOYEE ENGAGED
 
    IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
 
    (B) POST AT ITS DALLAS, TEXAS AND INDIANAPOLIS, INDIANA OFFICES,
 COPIES OF THE ATTACHED
 
    NOTICE MARKED "APPENDIX." COPIES OF SAID NOTICE, TO BE FURNISHED BY
 THE REGIONAL DIRECTOR FOR
 
    REGION 5, AFTER BEING SIGNED BY AN AUTHORIZED REPRESENTATIVE, SHALL
 BE POSTED BY IT
 
    IMMEDIATELY UPON RECEIPT THEREOF AND BE MAINTAINED BY IT FOR 60
 CONSECUTIVE DAYS THEREAFTER,
 
    IN CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICES TO
 EMPLOYEES ARE CUSTOMARILY
 
    POSTED.  REASONABLE STEPS SHALL BE TAKEN TO INSURE THAT SAID NOTICES
 ARE NOT ALTERED, DEFACED,
 
    OR COVERED BY ANY OTHER MATERIAL.
 
    (C) NOTIFY THE 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.
 
                        FRANCIS E. DOWD
                        ADMINISTRATIVE LAW JUDGE
 
    DATED:  MARCH 16, 1981
            WASHINGTON, D.C.
 
        APPENDIX 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 PROVIDE UNION REPRESENTATIVES GENE FRIEDMAN AND NANCY SMITH
 OFFICIAL TIME FOR THE PERFORMANCE OF THEIR REPRESENTATIONAL DUTIES ON
 JUNE 12 AND 13, 1980, AND MAKE THEM WHOLE FOR THE ANNUAL LEAVE UTILIZED
 ON THAT DATE AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER, PAY TO GENE
 FRIEDMAN AND NANCY SMITH WHATEVER TRAVEL AND PER DIEM EXPENSES AN
 EMPLOYEE ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
 
    WE WILL NOT FAIL OR REFUSE TO PROVIDE TO GENE FRIEDMAN AND NANCY
 SMITH OR ANY AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL
 TREASURY EMPLOYEES UNION, CHAPTER 49, THE EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, DURING IMPASSE PROCEEDINGS, OFFICIAL TIME FOR SUCH
 PARTICIPATION INCLUDING NECESSARY TRAVEL TIME AS OCCURS DURING THE
 EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE WOULD OTHERWISE BE
 IN A WORK OR PAID LEAVE STATUS.  IN ADDITION, WE SHALL PAY ANY NECESSARY
 TRANSPORTATION AND PER DIEM EXPENSES.
 
    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.
 
                           (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 ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
 REGIONAL DIRECTOR, REGION 5, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
 ADDRESS IS:  175 W. JACKSON BLVD., SUITE A-1359, CHICAGO, ILLINOIS
 60604.
 
 
 
 
 
 --------------- 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, STATE OF NEW YORK, AND DEPARTMENT OF DEFENSE
 V. FEDERAL LABOR RELATIONS AUTHORITY, NO.  82-4036 (2D CIR. JUNE 28,
 1982) AND U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND EDUCATION
 ADMINISTRATION, AGRICULTURAL RESEARCH, NORTH CENTRAL REGION,
 DAKOTAS-ALASKA AREA, 6 FLRA NO. 45(1981), REVERSED SUB NOM.  UNITED
 STATES DEPARTMENT OF AGRICULTURE V. FEDERAL LABOR RELATIONS AUTHORITY,
 NO.  81-1948 (9TH CIR. AUGUST 9, 1982).
 
    /2/ SMITH WORKS A COMPRESSED TIME SCHEDULE.  FOR EACH TWO WEEK PAY
 PERIOD, SHE WORKS 9 HOURS A DAY DURING THE FIRST FIVE DAY WEEK.  DURING
 THE SECOND WEEK, SHE WORKS NINE HOURS FOR THE FIRST THREE DAYS, EIGHT
 HOURS ON THE FOURTH DAY AND IS OFF ON THE FIFTH DAY.  JUNE 12 AND 13,
 1980 FELL ON THE FOURTH AND FIFTH DAY OF THE FIRST WEEK OF THE PAY
 PERIOD.  AS SUCH, SMITH WOULD HAVE BEEN IN DUTY STATUS FOR NINE HOURS ON
 EACH OF THOSE DAYS.
 
    /3/ SMITH HAD USED UP HER ANNUAL LEAVE AND FOR THAT REASON HAD TO
 TAKE LEAVE WITHOUT P