10:0510(90)CA - HHS, SSA, Great Lakes Program Service Center and AFGE Local 1395 -- 1982 FLRAdec CA



[ v10 p510 ]
10:0510(90)CA
The decision of the Authority follows:


 10 FLRA No. 90
 
 DEPARTMENT OF HEALTH AND HUMAN SERVICES
 SOCIAL SECURITY ADMINISTRATION
 GREAT LAKES PROGRAM SERVICE CENTER
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1395, AFL-CIO
 Charging Party
 
                                            Case No. 5-CA-707
 
                            DECISION AND ORDER
 
    THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED DECISION IN THE
 ABOVE-ENTITLED PROCEEDING, FINDING THAT RESPONDENT HAD NOT ENGAGED IN
 THE UNFAIR LABOR PRACTICE ALLEGED IN THE COMPLAINT, AND RECOMMENDING
 THAT THE COMPLAINT BE DISMISSED IN ITS ENTIRETY.  THEREAFTER, THE
 CHARGING PARTY FILED EXCEPTIONS TO THE JUDGE'S DECISION.
 
    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 AND CONCLUSION THAT THE RESPONDENT
 DID NOT VIOLATE SECTION 7116(A)(1) AND (8) OF THE STATUTE IN THE
 PARTICULAR CIRCUMSTANCES OF THIS CASE BY DENYING A REQUEST FROM AN AGENT
 OF THE AUTHORITY THAT AN EMPLOYEE BE ALLOWED TO COME TO THE AUTHORITY'S
 REGIONAL OFFICE ON OFFICIAL TIME SO AS TO BE INTERVIEWED IN CONNECTION
 WITH THE INVESTIGATION OF AN UNFAIR LABOR PRACTICE CHARGE.  IN ADOPTING
 THE JUDGE'S DECISION, THE AUTHORITY NOTES PARTICULARLY THE ABSENCE OF
 EXCEPTIONS BY THE GENERAL COUNSEL AND THE UNCONTROVERTED RECORD
 EVIDENCE
 THAT THE EMPLOYEE IN QUESTION WAS INTERVIEWED IN THE AUTHORITY'S
 REGIONAL OFFICE AS REQUESTED, AND THAT HE DID NOT ACTUALLY SUFFER ANY
 LOSS OF PAY OR LEAVE AS A RESULT OF HIS COMPLIANCE WITH THE GENERAL
 COUNSEL'S REQUEST.
 
    HOWEVER, THE AUTHORITY REJECTS THE JUDGE'S APPARENT APPLICATION OF A
 "REASONABLENESS" TEST WITH REGARD TO THE GENERAL COUNSEL'S DETERMINATION
 THAT THE EMPLOYEE DEEMED NECESSARY TO HIS INVESTIGATION OF AN UNFAIR
 LABOR PRACTICE CHARGE /1/ WAS TO BE INTERVIEWED AT THE AUTHORITY'S
 REGIONAL OFFICE AND WAS TO BE ON OFFICIAL TIME TO COME TO THE
 AUTHORITY'S OFFICES FOR SUCH PURPOSE.  IN THIS REGARD, THE AUTHORITY
 NOTES THAT SECTION 7104(F)(2)(A) OF THE STATUTE SPECIFICALLY EMPOWERS
 THE GENERAL COUNSEL TO "INVESTIGATE ALLEGED UNFAIR LABOR PRACTICES"
 UNDER THE STATUTE, AND CONCLUDES THAT SUCH EXPRESS STATUTORY AUTHORITY
 NECESSARILY ENCOMPASSES THE MANNER IN WHICH INVESTIGATIONS ARE
 CONDUCTED, INCLUDING THE SITUS OF INTERVIEWS RELATED THERETO.
 
    MOREOVER, TO THE EXTENT THAT THE JUDGE APPLIED A "REASONABLENESS"
 TEST TO THE GENERAL COUNSEL'S DETERMINATION THAT THE EMPLOYEE SHOULD BE
 ON OFFICIAL TIME WHILE TRAVELING TO THE AUTHORITY'S OFFICES FOR THE
 PURPOSE OF BEING INTERVIEWED IN CONNECTION WITH AN UNFAIR LABOR PRACTICE
 INVESTIGATION, THE AUTHORITY REJECTS SUCH A TEST.  SECTION 7131(C) OF
 THE STATUTE SPECIFICALLY PROVIDES:
 
    (C) EXCEPT AS PROVIDED IN SUBSECTION (A) OF THIS SECTION, THE
 AUTHORITY SHALL DETERMINE
 
    WHETHER ANY EMPLOYEE PARTICIPATING FOR, OR ON BEHALF OF, A LABOR
 ORGANIZATION IN ANY PHASE OF
 
    PROCEEDINGS BEFORE THE AUTHORITY SHALL BE AUTHORIZED OFFICIAL TIME
 FOR SUCH PURPOSE DURING THE
 
    TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY STATUS.
 
    FURTHER, THE AUTHORITY HAS DETERMINED IN SECTION 2429.13 OF THE
 AUTHORITY'S RULES AND REGULATIONS THAT:
 
    IF THE PARTICIPATION OF ANY EMPLOYEE IN ANY PHASE OF ANY PROCEEDING
 BEFORE THE AUTHORITY,
 
    INCLUDING THE INVESTIGATION OF UNFAIR LABOR PRACTICE CHARGES AND
 REPRESENTATION PETITIONS AND
 
    THE PARTICIPATION IN HEARINGS AND REPRESENTATION ELECTIONS, IS DEEMED
 NECESSARY BY THE
 
    AUTHORITY, THE GENERAL COUNSEL, ANY ADMINISTRATIVE LAW JUDGE,
 REGIONAL DIRECTOR, HEARING
 
    OFFICER, OR OTHER AGENT OF THE AUTHORITY DESIGNATED BY THE AUTHORITY,
 SUCH EMPLOYEE SHALL BE
 
    GRANTED 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, NECESSARY TRANSPORTATION AND PER
 DIEM EXPENSES SHALL BE PAID
 
    BY THE EMPLOYING ACTIVITY OR AGENCY.
 
    IT SHOULD BE NOTED THAT ONCE THE PARTICIPATION OF AN EMPLOYEE HAS
 BEEN DEEMED NECESSARY IN ANY PHASE OF ANY PROCEEDING BEFORE THE
 AUTHORITY, AS HERE, THAT "EMPLOYEE SHALL BE GRANTED OFFICIAL TIME FOR
 SUCH PARTICIPATION." THAT IS, THERE IS NO DISCRETION TO DETERMINE
 WHETHER OR NOT AN EMPLOYEE SHOULD BE ON OFFICIAL TIME ONCE THAT
 EMPLOYEE'S PARTICIPATION HAS BEEN DEEMED NECESSARY.  /2/
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 5-CA-707 BE, AND
 IT HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 23, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
   
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    DANIEL H. GREENE
    G. EDWARD DAVIS
            FOR THE RESPONDENT
 
    DONALD JONES
            FOR THE CHARGING PARTY
 
    GLENN BROWN
    ARLANDER KEYES
            FOR THE GENERAL COUNSEL
 
    BEFORE:  SAMUEL A. CHAITOVITZ
            ADMINISTRATIVE LAW JUDGE
 
                            CASE NO.: 5-CA-707
 
                                 DECISION
 
                           STATEMENT OF THE CASE
 
    THIS IS A PROCEEDING UNDER THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE, CHAPTER 71 OF TITLE 5 OF THE U.S. CODE, 5 U.S.C. 7101
 ET SEQ. (HEREINAFTER CALLED THE STATUTE) AND THE RULES AND REGULATIONS
 OF THE FEDERAL LABOR RELATIONS AUTHORITY (HEREINAFTER CALLED THE FLRA),
 5 C.F.R. CHAPTER XIV, SEC. 2410 ET SEQ.
 
    PURSUANT TO A CHANGE FILED ON SEPTEMBER 9, 1980 BY AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1395, AFL-CIO (HEREINAFTER
 CALLED THE UNION AND/OR AFGE LOCAL 1395) AGAINST DEPARTMENT OF HEALTH
 AND HUMAN SERVICES, SOCIAL SECURITY ADMINISTRATION, GREAT LAKES PROGRAM
 SERVICE CENTER (HEREINAFTER CALLED RESPONDENT AND/OR SSA) THE GENERAL
 COUNSEL OF THE FLRA BY THE REGIONAL DIRECTOR FOR REGION 5, ISSUED A
 COMPLAINT AND NOTICE OF HEARING ON OCTOBER 15, 1980 ALLEGING THAT
 RESPONDENT HAD ENGAGED IN AND WAS ENGAGING IN UNFAIR LABOR PRACTICES
 WITHIN THE MEANING OF SECTIONS 7116(A)(1) AND (8) OF THE STATUTE.  THE
 COMPLAINT ALLEGES THAT ON SEPTEMBER 16 AND 17, 1980 RESPONDENT VIOLATED
 SECTION 7131(C) OF THE STATUTE WHEN SSA REFUSED TO RELEASE AN EMPLOYEE
 FOR THE PURPOSE OF APPEARING AT FLRA'S CHICAGO REGIONAL OFFICE IN
 CONNECTION WITH THE INVESTIGATION OF AN UNFAIR LABOR PRACTICE CHARGE.
 
    A HEARING IN THIS MATTER WAS CONDUCTED IN CHICAGO, AT WHICH TIME THE
 GENERAL COUNSEL OF THE FLRA (HEREINAFTER CALLED THE GENERAL COUNSEL),
 RESPONDENT AND THE UNION WERE REPRESENTED AND AFFORDED FULL OPPORTUNITY
 TO BE HEARD, TO EXAMINE AND CROSS-EXAMINE WITNESSES, TO INTRODUCE
 EVIDENCE, TO ENTER INTO STIPULATIONS, AND TO ARGUE ORALLY.  BRIEFS WERE
 FILED BY ALL PARTIES AND HAVE BEEN FULLY CONSIDERED.
 
    UPON THE ENTIRE RECORD /3/ IN THIS MATTER, MY OBSERVATION OF THE
 WITNESSES AND THEIR DEMEANOR, AND FROM MY EVALUATION OF THE EVIDENCE,
 INCLUDING STIPULATIONS, I MAKE THE FOLLOWING:
 
                             FINDINGS OF FACT
 
    ALL PARTIES HERETO SUBMITTED THE FOLLOWING STIPULATION OF FACTS:
 
    "(1) THAT ON SEPTEMBER 16, 1980, AN AGENT OF THE FEDERAL LABOR
 RELATIONS AUTHORITY, HEREINAFTER THE AUTHORITY, IN ORDER TO CONDUCT THE
 INVESTIGATION OF AN UNFAIR LABOR PRACTICE CHARGE FILED IN CASE NO.
 5-CA-691 BY LOCAL 1395, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
 AFL-CIO, HEREINAFTER THE UNION, REQUESTED OF RESPONDENT'S AGENT, EDWARD
 DAVIS, THAT OFFICIAL TIME BE ARRANGED FOR EUGENE REED, ONE OF
 RESPONDENT'S EMPLOYEES AND A UNION VICE-PRESIDENT, TO COME TO THE
 AUTHORITY'S CHICAGO REGIONAL OFFICE, HEREINAFTER OFFICE, ON SEPTEMBER
 17, 1980 TO BE INTERVIEWED.
 
    (2) THAT ON SEPTEMBER 16, 1980, MR. DAVIS INFORMED THE AUTHORITY'
 AGENT THAT OFFICIAL TIME WOULD NOT BE GRANTED FOR MR. REED TO GO TO THE
 AUTHORITY'S OFFICE TO BE INTERVIEWED.  MR. DAVIS DID INFORM THE
 AUTHORITY'S AGENT THAT IF THE AGENT CAME TO THE GREAT LAKES PROGRAM
 CENTER, HEREINAFTER THE ACTIVITY, OFFICIAL TIME FOR THE INTERVIEW WOULD
 BE GRANTED.
 
    (3) THAT MR. REED ARRIVED AT THE AUTHORITY'S OFFICE AT 9:15 A.M.,
 SEPTEMBER 17, 1980.  THE AUTHORITY AGENT BEGAN TAKING HIS STATEMENT AT
 9:30 A.M.  THE EMPLOYEE WAS BACK AT THE ACTIVITY AT 12:15 P.M.,
 SEPTEMBER 1980.
 
    (4) THAT MR. REED WAS DENIED OFFICIAL TIME TO GO TO THE AUTHORITY'S
 OFFICES ON OCTOBER 10, 1980 TO GIVE A STATEMENT IN THE CASE HEREIN,
 5-CA-707.
 
    (5) THAT AS A RESULT OF SAID DENIAL, MR. REED WAS REQUIRED TO TAKE 3
 HOURS ANNUAL LEAVE TO GIVE HIS STATEMENT IN THIS CASE.
 
    (6) THAT THE ACTIVITY IS LOCATED AT 600 WEST MADISON STREET, CHICAGO,
 ILLINOIS.
 
    (7) THAT THE AUTHORITY'S OFFICE IS LOCATED AT 175 WEST JACKSON
 STREET, SUITE A-1359, CHICAGO, ILLINOIS.
 
    (8) THAT THE DISTANCE BETWEEN THE ACTIVITY AND THE AUTHORITY'S OFFICE
 IS EIGHT BLOCKS."
 
    THE RECORD FURTHER ESTABLISHED, THROUGH THE UNCONTROVERTED TESTIMONY
 OF SSA AGENT EDWARD DAVIS THAT HE HAD A TELEPHONE CONVERSATION WITH FLRA
 AGENT BROWN AND THAT HE ASKED FLRA AGENT BROWN WHY HE WAS CHANGING A
 TWO
 YEAR OLD POLICY OF CONDUCTING UNFAIR LABOR PRACTICE INVESTIGATIONS ON
 SITE.  FLRA AGENT BROWN RESPONDED THAT THE REASON WAS THAT THE FLRA NOW
 HAD MORE SPACE AND THEY WANTED TO USE THEIR INTERVIEW ROOMS AND BECAUSE
 IT WOULD BE MORE CONVENIENT FOR FLRA AGENT BROWN IF SSA EMPLOYEES CAME
 TO HIS OFFICE.  THERE IS ALSO APPARENTLY NO DISPUTE THAT MR.  REED'S
 INTERVIEW BY THE FLRA AGENT WAS DURING MR. REED'S NORMAL DUTY HOURS.
 
                        DISCUSSION AND CONCLUSIONS
 
    SSA FIRST CONTENDS THAT THE COMPLAINT HEREIN SHOULD BE DISMISSED
 BECAUSE IT IS PROCEDURALLY DEFECTIVE.  RESPONDENT CONTENDS THAT SECTION
 2423.12(B)(5) OF THE FLRA'S RULES AND REGULATIONS WERE NOT COMPLIED WITH
 BECAUSE THE RIGHT ALLEGEDLY VIOLATED IS THE RIGHT OF THE FLRA NOT THE
 RIGHT OF THE EMPLOYEES.  RESPONDENT CONTENDS THAT SECTION 7131(C) OF THE
 STATUTE DOES NOT GRANT THE INDIVIDUAL THE RIGHT TO OFFICIAL TIME FOR
 INVESTIGATIVE INTERVIEWS, RATHER IT GRANTS THE FLRA THE RIGHT TO
 DETERMINE IF OFFICIAL TIME SHOULD BE AUTHORIZED.  THIS CONTENTION MUST
 BE REJECTED.  SECTION 7131(C) PROVIDES THAT ONCE THE FLRA MAKES A
 DETERMINATION THAT AN EMPLOYEE IS NECESSARY, THE EMPLOYING AGENCY SHALL
 GRANT THAT EMPLOYEE OFFICIAL TIME TO PARTICIPATE IN THE FLRA PROCEEDING.
  ONCE SUCH A DETERMINATION IS MADE BY THE FLRA, THEN THE EMPLOYEE HAS,
 BY VIRTUE OF SECTION 7131(C) A RIGHT TO OFFICIAL TIME TO PARTICIPATE IN
 THE PROCEEDING AND IF THAT RIGHT IS UNLAWFULLY INTERFERED WITH, AN
 UNFAIR LABOR PRACTICE HAS BEEN COMMITTED AND THE STATUTE HAS BEEN
 VIOLATED.  RESPONDENT'S OTHER TWO PROCEDURAL CONTENTIONS, THAT THE FACTS
 ADDUCED AT THE HEARING DIFFER FROM THOSE ALLEGED IN THE COMPLAINT AND
 THAT SSA ACTED IN GOOD FAITH ARE REJECTED AS WITHOUT MERIT.
 
    SECTION 7131(C) OF THE STATUTE PROVIDES, IN PART:
 
    " . . . THE AUTHORITY SHALL DETERMINE WHETHER ANY EMPLOYEE
 PARTICIPATING FOR, OR ON BEHALF
 
    OF, A LABOR ORGANIZATION IN ANY PHASE OF PROCEEDINGS BEFORE THE
 AUTHORITY SHALL BE AUTHORIZED
 
    OFFICIAL TIME FOR SUCH PURPOSE DURING THE TIME THE EMPLOYEE OTHERWISE
 WOULD BE IN A DUTY
 
    STATUS."
 
    SECTION 2429.13 OF THE FLRA'S RULES AND REGULATIONS INTERPRET SECTION
 7131(C) OF THE STATUTE /4/ AND PROVIDES:
 
    SEC. 2429.13 OFFICIAL TIME.
 
    IF THE PARTICIPATION OF ANY EMPLOYEE IN ANY PHASE OF ANY PROCEEDING
 BEFORE THE AUTHORITY,
 
    INCLUDING THE INVESTIGATION OF UNFAIR LABOR PRACTICE CHARGES AND
 REPRESENTATION PETITIONS AND
 
    THE PARTICIPATION IN HEARINGS AND REPRESENTATION PETITIONS AND THE
 PARTICIPATION IN HEARINGS
 
    AND REPRESENTATION ELECTIONS, IS DEEMED NECESSARY BY THE AUTHORITY,
 THE GENERAL COUNSEL, ANY
 
    ADMINISTRATIVE LAW JUDGE, REGIONAL DIRECTOR, HEARING OFFICER, OR
 OTHER AGENT OF THE AUTHORITY
 
    DESIGNATED BY THE AUTHORITY, SUCH EMPLOYEE SHALL BE GRANTED 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,
 
    NECESSARY TRANSPORTATION AND PER DIEM EXPENSES SHALL BE PAID BY THE
 EMPLOYING ACTIVITY OR
 
    AGENCY.
 
    GENERAL COUNSEL RELIES ON THE FOREGOING SECTIONS OF THE STATUTE AND
 RULES AND REGULATIONS, AS WELL AS SOME LEGISLATIVE HISTORY, /5/ IN
 URGING THAT THE GENERAL COUNSEL OF THE FLRA IS AUTHORIZED TO DETERMINE
 WHETHER EMPLOYEES PARTICIPATING IN PROCEEDINGS SHALL BE AUTHORIZED
 OFFICIAL TIME.  IN THAT REGARD IT IS ALSO CONTENDED THAT THE GENERAL
 COUNSEL MAY DETERMINE WHERE THE EMPLOYEES ARE TO BE INTERVIEWED.
 GENERAL COUNSEL FURTHER URGES THAT RESPONDENT MAY NOT DICTATE THE
 MANNER
 IN WHICH THE AUTHORITY CONDUCTS ITS INVESTIGATIONS.  I CONCLUDE THAT ALL
 OF THE FOREGOING INTERPRETATIONS OF THE STATUTE AND THE FLRA'S RULES AND
 REGULATIONS ARE ACCURATE.
 
    GENERAL COUNSEL RECOGNIZES IN ITS BRIEF, AT PAGE 4, "THE EXERCISE OF
 SUCH DISCRETION SHOULD NOT BE DISTURBED UNLESS THE SITUS CHOSEN IS
 BEYOND THE REALM OF REASONABLENESS." IN THE SUBJECT CASE SSA OFFERED TO
 GRANT EMPLOYEE REED OFFICIAL TIME IF THE INTERVIEW WERE TAKEN ON THE SSA
 PREMISES.  RESPONDENT DID NOT WISH TO "PAY" FOR EMPLOYEE REED WHILE HE
 WENT TO THE FLRA OFFICES NEARBY.  THERE IS NO CONTENTION THAT SSA DID
 NOT HAVE APPROPRIATE FACILITIES AVAILABLE FOR THE INTERVIEW OF EMPLOYEE
 REED OR THAT SOMEHOW THE INTERVIEWING OF EMPLOYEE REED AT THE SSA
 FACILITY WAS EITHER INAPPROPRIATE OR WOULD HAVE INTERFERED WITH THE
 INVESTIGATION.  RATHER THE ONLY REASONS ADVANCED BY THE FLRA AGENT FOR
 REQUIRING THAT THE INTERVIEW BE TAKEN AT THE FLRA OFFICES WERE HIS OWN
 CONVENIENCE AND THE DESIRE TO UTILIZE THE NEW INTERVIEW ROOMS AVAILABLE
 AT THE FLRA'S NEW FACILITIES.  IN BALANCING THE INTERESTS OF THE PARTIES
 HEREIN, SSA'S DESIRE TO DISRUPT ITS OPERATIONS AS LITTLE AS POSSIBLE AND
 TO MINIMIZE THE PAYING OF AN EMPLOYEE FOR NON-PRODUCTIVE WORK TIME, AS
 AGAINST FLRA'S DESIRE TO UTILIZE ITS NEW OFFICES AND TO MINIMIZE THE
 INCONVENIENCE OF ITS AGENT, I MUST CONCLUDE THAT FLRA REGIONAL OFFICE
 WAS UNREASONABLE IN REQUIRING THAT THE INTERVIEW OF EMPLOYEE REED TAKE
 PLACE AT THE FLRA OFFICES AND THAT EMPLOYEE REED BE ON OFFICIAL TIME TO
 COME TO THE FLRA'S OFFICES.  /6/
 
    IN LIGHT OF THE FOREGOING, THEREFORE, IT IS CONCLUDED THAT RESPONDENT
 DID NOT FAIL TO COMPLY WITH THE REQUIREMENTS OF SECTION 7131(C) OF THE
 STATUTE AND DID NOT VIOLATE SECTIONS 7116(A)(1) AND (8) OF THE STATUTE.
 ACCORDINGLY I RECOMMEND THE AUTHORITY ADOPT THE FOLLOWING:
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 5-CA-707 BE, AND
 HEREBY IS, DISMISSED.
 
                       SAMUEL A. CHAITOVITZ
                       ADMINISTRATIVE LAW JUDGE
 
    DATED:  APRIL 20, 1981
            WASHINGTON, D.C.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THERE IS NO DISPUTE HEREIN THAT THE EMPLOYEE IN QUESTION WAS
 DEEMED NECESSARY BY AN AGENT OF THE AUTHORITY IN THE INVESTIGATION OF AN
 UNFAIR LABOR PRACTICE CHARGE, AND NO CONTENTION THAT SUCH DETERMINATION
 CONSTITUTED AN ABUSE OF THE AGENT'S DISCRETION.  SEE DEPARTMENT OF THE
 TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, 10 FLRA NO. 3(1982).
 SEE ALSO NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA, 5 FLRA NO.
 105(1981).
 
    /2/ IN THIS CONNECTION, AS THE AUTHORITY PREVIOUSLY NOTED, THE
 EFFECTIVE ADMINISTRATION OF THE STATUTE, INCLUDING SECTION
 7104(F)(2)(A), MAY REQUIRE THE GENERAL COUNSEL TO DETERMINE THAT
 WITNESSES DEEMED NECESSARY IN THE INVESTIGATION OF UNFAIR LABOR PRACTICE
 CHARGES MUST TRAVEL TO APPROPRIATE REGIONAL OFFICES FOR SUCH PURPOSES.
 ACCORDINGLY, SECTION 2429.13 OF THE RULES AND REGULATIONS EXPRESSLY
 PROVIDES THAT OFFICIAL TIME INCLUDES "NECESSARY TRAVEL T