10:0662(109)CA - Justice, Federal Prison System and Council of Prison Locals, AFGE -- 1982 FLRAdec CA



[ v10 p662 ]
10:0662(109)CA
The decision of the Authority follows:


 10 FLRA No. 109
 
 U.S. DEPARTMENT OF JUSTICE
 FEDERAL PRISON SYSTEM
 Respondent
 
 and
 
 COUNCIL OF PRISON LOCALS,
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO
 Charging Party
 
                                            Case No. 3-CA-2687
 
                            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
 parties' stipulation of facts and briefs submitted by the Respondent and
 the General Counsel, the Authority finds:
 
    The complaint alleges that the Respondent violated section 7116(a)(1)
 and (8) of the Federal Service Labor-Management Relations Statute (the
 Statute) when it refused to provide official time to employee Michael
 Musky to participate in the pre-hearing preparation phase of an unfair
 labor practice proceeding before the Authority (Case No. 3-CA-2000).
 
    Musky is an employee of the Respondent.  He had been instructed by an
 Authority Field Attorney to meet with her on June 24, 1981 for the
 purpose of pre-hearing preparation involving Case No. 3-CA-2000.  The
 employee requested official time, as well as travel and per diem
 expenses, in order to attend the meeting.  The Respondent denied his
 request as well as a written request on June 12, 1981 by the Authority
 Field Attorney.
 
    In Department of the Treasury, Bureau of Alcohol, Tobacco and
 Firearms, 10 FLRA No. 3 (1982), the Authority determined that an agency
 violated section 7116(a)(1) and (8) of the Statute by denying the
 request of an Authority Field Attorney to have employees made available
 on official time, including travel and per diem expenses, in order to
 participate in preparation for formal hearings in unfair labor practice
 proceedings.  In so concluding, the Authority noted that Field Attorneys
 come within the definition of "other agent(s) of the Authority
 designated by the Authority" as prescribed by section 7131(c) of the
 Statute and, as such, are authorized to determine when it is necessary
 for an employee to participate in the formal preparations for an unfair
 labor practice proceeding.  In the instant case, the June 12, 1981
 letter from the Authority's Field Attorney to the Respondent clearly
 established that such a determination had been made.  Accordingly, the
 Respondent's denial of official time and related travel and per diem
 expenses for Musky violated section 7131(c) and therefore constituted a
 violation of section 7116(a)(1) and (8) of the Statute.
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Federal Labor Relations
 Authority's Rules and Regulations and section 7118 of the Statute, the
 Authority hereby orders that the U.S. Department of Justice, Federal
 Prison System, shall:
 
    1.  Cease and desist from:
 
    (a) Denying official time to an employee for attendance at a meeting
 with a designated agent of the Federal Labor Relations Authority for the
 purpose of pre-hearing preparation in unfair labor practice proceedings
 when such participation has been deemed necessary by a designated agent
 of the Authority.
 
    (b) In any like or related manner interfering with, restraining, or
 coercing 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) Provide employee Michael Musky official time for his meeting with
 a Field Attorney of the Federal Labor Relations Authority on June 24,
 1981 and make him whole for any annual leave utilized for that purpose,
 and, upon submission of a properly documented voucher, reimburse him for
 transportation and per diem expenses incurred.
 
    (b) Post at its facilities in its Lewisburg, Pennsylvania Prison
 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 an authorized official 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 Respondent 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 Federal Labor Relations
 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., December 16, 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 deny official time to an employee for attendance at a
 meeting with a designated agent of the Federal Labor Relations Authority
 for the purpose of pre-hearing preparation in unfair labor practice
 proceedings when such participation has been deemed necessary by a
 designated agent of the Authority.
 
    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 provide employee Michael Musky official time for his meeting
 with a Field Attorney of the Federal Labor Relations Authority on June
 24, 1981 and make him whole for any annual leave utilized for that
 purpose, and, upon submission of a properly documented voucher,
 reimburse him for transportation and per diem expenses incurred.
                                       (Agency)
 
 Dated:  . . .  By:  (Signature) (Title)
 
    This Notice must remain posted for 60 consecutive days from the date
 of this 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