[ v10 p263 ]
10:0263(50)CA
The decision of the Authority follows:
10 FLRA No. 50
UNITED STATES 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 Parties
Case No. 6-CA-1295
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 EMPLOYEE HARLEY A. SAATHOF INCURRED WITH RESPECT TO
NEGOTIATIONS "CONCERNING THE PROPOSED TRANSFER OF THE AUSTIN, TEXAS
POST-OF-DUTY EMPLOYEE PLANS SPECIALISTS AND EXEMPT ORGANIZATION
SPECIALISTS TO HOUSTON, TEXAS GROUPS WITHOUT A PHYSICAL RELOCATION."
SUCH NEGOTIATIONS OCCURRED ON JUNE 9, 1981, AND THE RESPONDENTS ADMIT
THAT THEY DENIED THE REQUESTED REIMBURSEMENT SUBMITTED BY THE NAMED
EMPLOYEE.
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. /2/
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 EMPLOYEE HARLEY A. SAATHOF, OR ANY OTHER EMPLOYEE, AS A
RESULT OF HIS
PARTICIPATION, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS
STATUTE, AS THE DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL
TREASURY EMPLOYEES UNION AND
NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, THEIR EMPLOYEES'
EXCLUSIVE REPRESENTATIVE,
DURING MID-TERM NEGOTIATIONS CONDUCTED JUNE 9, 1981.
(B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
COERCING THEIR
EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL
SERVICE LABOR-MANAGEMENT
RELATIONS 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 EMPLOYEE HARLEY A. SAATHOF BASED UPON HIS PREVIOUSLY
SUBMITTED VOUCHER FOR
HIS TRAVEL AND PER DIEM EXPENSES INCURRED DURING SAID NEGOTIATIONS.
(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 AND SHALL BE POSTED AND MAINTAINED FOR 60
CONSECUTIVE DAYS THEREAFTER, IN
CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES
WHERE NOTICES ARE
CUSTOMARILY POSTED. THE DISTRICT DIRECTOR SHALL TAKE REASONABLE
STEPS TO ENSURE 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 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 PAYMENT OF PROPERLY DOCUMENTED
TRAVEL AND PER DIEM EXPENSES TO EMPLOYEE HARLEY A. SAATHOF, OR ANY OTHER
EMPLOYEE, AS A RESULT OF HIS PARTICIPATION, PURSUANT TO SECTION 7131(A)
OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AS THE DULY
DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION AND
NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, OUR EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, DURING MID-TERM NEGOTIATIONS CONDUCTED JUNE 9, 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
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE.
WE WILL REIMBURSE EMPLOYEE HARLEY A. SAATHOF BASED UPON HIS
PREVIOUSLY SUBMITTED VOUCHER FOR HIS TRAVEL AND PER DIEM EXPENSES
INCURRED DURING SAID NEGOTIATIONS.
(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, WHOSE ADDRESS IS: BRYAN AND ERVAY STREET, 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,
DAKOTAS-ALASKA AREA, 6 FLRA NO. 45 (1981), REVERSED SUB NOM. UNITED
STATES DEPARTMENT OF AGRICULTURE V. FEDERAL LABOR RELATIONS AUTHORITY,
NO. 81-1948 (8TH CIR. AUGUST 9, 1982).
/2/ WITH RESPECT TO RESPONDENTS' ALTERNATIVE CONTENTIONS HEREIN, SUCH
CONTENTIONS ARE IDENTICAL TO THOSE RAISED BY THE RESPONDENTS AND
DISPOSED OF BY THE AUTHORITY IN UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE, DALLAS, DISTRICT, 10 FLRA NO. 21
(1982), INVOLVING SIMILAR ALLEGATIONS.