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