15:0469(99)CA - Florida NG and NAGE Local R5-91 -- 1984 FLRAdec CA



[ v15 p469 ]
15:0469(99)CA
The decision of the Authority follows:


 15 FLRA No. 99
 
 FLORIDA NATIONAL GUARD
 Respondent
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R5-91
 Charging Party
 
                                            Case No. 4-CA-300
                                            5 FLRA 365
 
                      SUPPLEMENTAL DECISION AND ORDER
 
    On March 20, 1981, the Authority issued a Decision and Order in the
 above-entitled proceeding in which it found that the Respondent failed
 and refused to comply with section 7131(a) of the Federal Service
 Labor-Management Relations Statute (the Statute) in violation of section
 7116(a)(1), (6), and (8) of the Statute when it failed and refused to
 provide employee Ronald L. Meier official time in connection with
 Federal Service Impasses Panel impasse proceedings held on August 22 and
 23, 1979.  In addition, the Authority found that the Respondent failed
 and refused to comply with section 7131(a) of the Statute in violation
 of section 7116(a)(1), (6), and (8) of the Statute when it failed and
 refused to provide related travel and per diem expenses.  Thereafter,
 the Respondent petitioned the United States Court of Appeals for the
 Eleventh Circuit for review of the Authority's Decision.
 
    The Court granted Respondent's petition for review and denied the
 Authority's cross-application for enforcement of the Authority's order
 on March 7, 1983, Florida National Guard v. FLRA, 699 F.2d 1082 (11th
 Cir.), cert. denied, 104 S.Ct. 524 (1983).  In its decision, the
 Eleventh Circuit concluded that the obligation of an agency under
 section 7131(a) of the Statute to provide official time to an employee
 representing an exclusive representative in the negotiation of a
 collective bargaining agreement does not encompass the payment of travel
 expenses and a per diem allowance.
 
    Pursuant to the decision of the United States Court of Appeals for
 the Eleventh Circuit, and in accord with the decision of the Supreme
 Court in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439
 (1983), the Authority dismisses the allegations of the complaint
 pertaining to the Respondent's failure and refusal to reimburse its
 employees for their travel and per diem expenses and hereby vacates its
 prior Order in this regard.  Accordingly, the Authority shall issue the
 following Order and require that the accompanying Notice To All
 Employees be posted in this matter.
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Rules and Regulations of the
 Federal Labor Relations Authority and section 7118 of the Statute, the
 Authority hereby orders that Florida National Guard, Jacksonville,
 Florida, shall:
 
    1.  Cease and desist from:
 
    (a) Failing and refusing to provide Ronald Meier, or any Agency
 employee, official time for time engaged in representing the National
 Association of Government Employees, Local R5-91, the employees'
 exclusive representative, during Union-Agency negotiations of a
 collective bargaining agreement or attendance at an impasse proceeding,
 equal to what an employee engaged in official Agency business would be
 entitled.
 
    (b) In any like or related manner interfering with, restraining, or
 coercing employees in the exercise of their rights assured by the
 Statute.
 
    2.  Take the following affirmative action in order to effectuate the
 purposes and policies of the Statute:
 
    (a) Provide Union representative Ronald Meier official time of 7 3/4
 hours per day for the performance of his representational duties on
 August 22 and 23, 1979, and adjust the annual leave charged to him for
 both days accordingly.
 
    (b) Post at all of its offices in Jacksonville, Florida where unit
 employees are located, copies of the attached Notice on forms to be
 furnished by the Federal Labor Relations Authority.  Upon receipt to
 such forms, they shall be signed by the Adjutant General, or his
 designee, and shall be posted and maintained for 60 consecutive days
 thereafter, in conspicuous places, including all places where notices to
 employees are customarily posted.  Reasonable steps shall be taken to
 insure that said 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 IV, 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 complaint in Case No. 4-CA-300 be, and
 it hereby is, dismissed insofar as it alleges a violation of section
 7116(a)(1), (6), and (8) of the Statute based on the failure and refusal
 to reimburse employee Ronald L. Meier for his travel and per diem
 expenses.
 
    Issued, Washington, D.C., August 9, 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 to Ronald Meier, or any Agency
 employee, official time for time engaged in representing the National
 Association of Government Employees, Local R5-91, the employees'
 exclusive representative, during Union-Agency negotiations of a
 collective bargaining agreement or attendance at an impasse proceeding,
 equal to what an employee engaged in official Agency business would be
 entitled.
 
    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
 Statute.
 
    WE WILL provide Union representative Ronald Meier official time of 7
 3/4 hours per day for the performance of his representational duties on
 August 22 and 23, 1979, and adjust the annual leave charged to him for
 both days accordingly.
                                       (Agency or Activity)
                                       By:  (Signature)
 
    Dated:  . . .
 
    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 question concerning this Notice or compliance
 with its provisions, they may communicate directly with the Regional
 Director of the Federal Labor Relations Authority, Region IV, whose
 address is:  1776 Peachtree Street, NW, Suite 501, North Wing, Atl