16:0176(28)CA - Treasury, IRS, Washington, DC and its Indianapolis ,Indiana and Dallas, Texas Districts and NTEU and NTEU Chapter 49 -- 1984 FLRAdec CA



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16:0176(28)CA
The decision of the Authority follows:


 16 FLRA No. 28
 
 DEPARTMENT OF THE TREASURY
 INTERNAL REVENUE SERVICE
 WASHINGTON, D.C. AND ITS
 INDIANAPOLIS, INDIANA AND
 DALLAS, TEXAS DISTRICTS
 Respondents
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 49
 Charging Party
 
                                            Case No. 5-CA-593
                                            10 FLRA 210
 
                      SUPPLEMENTAL DECISION AND ORDER
 
    On September 30, 1982, 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) and (8) of the Statute when it failed and refused to provide
 employees Gene Friedman and Nancy Smith official time in connection with
 Federal Service Impasses Panel (FSIP) proceedings held in June 1980.  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) 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 District of
 Columbia Circuit for review of the Authority's Decision.
 
    The Court stayed its review of the Authority's Decision to await the
 United States Supreme Court's decision in Bureau of Alcohol, Tobacco and
 Firearms v. FLRA, 104 S.Ct. 439 (1983).  In that decision, the Supreme
 Court concluded that the obligation of an agency under section 7131(a)
 of the Statute to provide official time to employees representing an
 exclusive representative in the negot