10:0277(52)CA - Treasury, Bureau of Alcohol, Tobacco and Firearms and NTEU -- 1982 FLRAdec CA



[ v10 p277 ]
10:0277(52)CA
The decision of the Authority follows:


 10 FLRA No. 52
 
 DEPARTMENT OF TREASURY,
 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                            Case No. 3-CA-2849
 
                            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(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 RESPONDENT FAILED AND REFUSED TO
 PROVIDE EMPLOYEE REPRESENTATIVES MARTIN CONNELL AND DOROTHY SHELTON
 OFFICIAL TIME AND TRAVEL AND PER DIEM EXPENSES FOR THE TIME THEY
 PARTICIPATED IN NEGOTIATIONS OVER THE IMPACT AND IMPLEMENTATION OF A
 PROPOSED REDUCTION-IN-FORCE AFFECTING BARGAINING UNIT EMPLOYEES.  IT
 ALLEGES THAT THE RESPONDENT BY SUCH ACTIONS HAS 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.
 
    THE UNION IS THE EXCLUSIVE REPRESENTATIVE OF A CONSOLIDATED
 BARGAINING UNIT INCLUDING ESSENTIALLY ALL PROFESSIONAL HEADQUARTERS
 EMPLOYEES AND ALL NONPROFESSIONAL REGIONAL EMPLOYEES.  THE STIPULATED
 RECORD REFLECTS THAT REPRESENTATIVES OF THE RESPONDENT MET ON APRIL 16
 AND 17, 1981, WITH EMPLOYEES CONNELL AND SHELTON, WHO WERE THE
 DESIGNATED REPRESENTATIVES OF THE UNION FOR THE BARGAINING UNIT AFFECTED
 BY THE PROPOSED REDUCTION-IN-FORCE.  HAVING BEEN REFUSED OFFICIAL TIME
 AND REIMBURSEMENT FOR TRAVEL AND PER DIEM EXPENSES BY THE RESPONDENT,
 CONNELL AND SHELTON UTILIZED ANNUAL LEAVE FOR THEIR TIME SPENT IN SUCH
 NEGOTIATIONS.
 
    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, 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.
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
 AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, THE AUTHORITY HEREBY ORDERS THAT THE DEPARTMENT OF TREASURY,
 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING OR REFUSING TO PROVIDE OFFICIAL TIME AND RELATED TRAVEL
 AND PER DIEM EXPENSES
 
    TO EMPLOYEES MARTIN CONNELL AND DOROTHY SHELTON AS A RESULT OF THEIR
 PARTICIPATION, PURSUANT
 
    TO SECTION 1731(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, AS THE
 
    DESIGNATED REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION,
 THE EXCLUSIVE
 
    REPRESENTATIVE OF ITS EMPLOYEES, IN NEGOTIATIONS OVER THE IMPACT AND
 IMPLEMENTATION OF A
 
    PROPOSED REDUCTION-IN-FORCE.
 
    (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
 COERCING ITS 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) MAKE EMPLOYEES MARTIN CONNELL AND DOROTHY SHELTON WHOLE FOR THE
 ANNUAL LEAVE THEY
 
    UTILIZED ON APRIL 17 AND 18, 1980, AND UPON PRESENTATION OF A
 PROPERLY DOCUMENTED VOUCHER,
 
    REIMBURSE THEM FOR THEIR TRAVEL AND PER DIEM EXPENSES INCURRED AS A
 RESULT OF THEIR
 
    PARTICIPATION IN SAID NEGOTIATIONS.
 
    (B) POST AT ITS HEADQUARTERS AND REGIONAL FACILITIES COPIES OF THE
 ATTACHED NOTICE ON FORMS
 
    TO BE FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY
 SHALL BE SIGNED BY THE
 
    COMMISSIONER, 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 COMMISSIONER 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 III, 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 OFFICIAL TIME AND RELATED
 TRAVEL AND PER DIEM EXPENSES TO EMPLOYEES MARTIN CONNELL AND DOROTHY
 SHELTON AS A RESULT OF THEIR PARTICIPATION, PURSUANT TO SECTION 7131(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, AS THE
 DESIGNATED REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION, OUR
 EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN NEGOTIATIONS OVER THE IMPACT AND
 IMPLEMENTATION OF A PROPOSED REDUCTION-IN-FORCE.
 
    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 MAKE EMPLOYEES MARTIN CONNELL AND DOROTHY SHELTON WHOLE FOR
 THE ANNUAL LEAVE THEY UTILIZED ON APRIL 17 AND 18, 1980, AND UPON
 PRESENTATION OF A PROPERLY DOCUMENTED VOUCHER, REIMBURSE THEM FOR THEIR
 TRAVEL AND PER DIEM EXPENSES INCURRED AS A RESULT OF THEIR PARTICIPATION
 IN 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 III, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE