14:0197(41)CA - Treasury, Bureau of the Public Debt and NTEU and Chapter 190 -- 1984 FLRAdec CA



[ v14 p197 ]
14:0197(41)CA
The decision of the Authority follows:


 14 FLRA No. 41
 
 DEPARTMENT OF THE TREASURY
 BUREAU OF THE PUBLIC DEBT
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND CHAPTER 190
 Charging Party
 
                                            Case No. 3-CA-20416
 
                            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 Respondent failed and refused to
 comply with section 7131(a) of the Federal Service Labor-Management
 Relations Statute (the Statute), based on its refusal to grant official
 time for travel and its refusal to reimburse for travel and per diem
 expenses, employee Edwin Bloomer, one of the designated representatives
 of the Union in contract negotiations conducted on December 2 and 3,
 1981, in violation of section 7116(a)(1) and (8) of the Statute.
 
    With respect to the Respondent's refusal to reimburse Bloomer for
 travel and per diem expenses, the facts and positions of the parties are
 substantially identical to those involved in Bureau of Alcohol, Tobacco
 and Firearms v. FLRA, 104 S.Ct. 439(1983) wherein the United States
 Supreme Court concluded that the obligation of an agency under section
 7131(a) of the Statute to provide official time to its employees
 representing an exclusive representative in the negotiation of a
 collective bargaining agreement does not encompass the payment of travel
 expenses and per diem allowances.  Pursuant to that decision, and for
 the reasons set forth by the Court, the Authority concludes herein that
 the Respondent did not fail or refuse to comply with section 7131(a) of
 the Statute by its refusal to pay travel expenses and per diem
 allowances herein.  It follows that the Respondent did not violate
 section 7116(a)(1) and (8) of the Statute in this regard.
 
    With respect to the Respondent's refusal to grant Bloomer official
 time for travel related to the negotiations, the Authority concludes
 that such refusal constitutes, as alleged, a failure and refusal to
 comply with section 7131(a) of the Statute.  Florida National Guard, 5
 FLRA 365(1980), reversed as to other matters sub nom.  Florida National
 Guard v. Federal Labor Relations Authority, 699 F.2d 1082 (11th Cir.
 1983).  Therefore, it follows that the Respondent's denial of official
 time 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 the
 Treasury, Bureau of Public Debt shall:
 
    1.  Cease and desist from:
 
          (a) Failing and refusing to provide employee Edwin Bloomer
       official time for travel in connection with contract negotiations
       conducted on December 2 and 3, 1981, pursuant to section 7131(a)
       of the Federal Service Labor-Management Relations Statute, as the
       designated representative of the National Treasury Employees
       Union, the exclusive representative of its employees.
 
          (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) Grant official time to employee Edwin Bloomer for time
       spent in a travel status in connection with said negotiations and
       make him whole for annual leave used.
 
          (b) Post at its facilities in Parkersburg, West Virginia and
       Washington, D.C., copies of the attached Notice on forms to be
       furnished by the Authority.  Upon receipt of such forms, they
       shall be signed by the Director of the Bureau of Public Debt, 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.  Reasonable steps shall be taken 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.
 
    IT IS FURTHER ORDERED that the remaining allegation of the complaint
 in Case No. 3-CA-20416 be, and it hereby is, dismissed.
 
    Issued, Washington, D.C., April 6, 1984
 
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, 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 employee Edwin Bloomer official
 time for travel in connection with contract negotiations conducted on
 December 2 and 3, 1981, pursuant to section 7131(a) of the Federal
 Service Labor-Management Relations Statute, as the designated
 representative of the National Treasury Employees Union, our employees'
 exclusive representative.
 
    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 grant official time to employee Edwin Bloomer for time spent
 in a travel status in connection with said negotiations and make him
 whole for annual leave used.
                                       (Activity)
 
    Dated:
                                       By:
                                       (Signature) (Title)
 
    This Notice must remain posted for 60 consecutive days from the date
 of posting, and must not be altered, defaced, or