16:0557(78)CA - Bureau of the Public Debt and NTEU -- 1984 FLRAdec CA



[ v16 p557 ]
16:0557(78)CA
The decision of the Authority follows:


 16 FLRA No. 78
 
 BUREAU OF THE PUBLIC DEBT
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                            Case No. 3-CA-30034
 
                            DECISION AND ORDER
 
    This matter is before the Federal Labor Relations Authority pursuant
 to the Regional Director's "Order Transferring Case to the 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, /1/ the Authority
 finds:
 
    The complaint alleges that the Respondent 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 based on its denial of the request of employees Edwin N. Bloomer
 and Wanda A. Wiseman, who served as designated Union representatives,
 for official time in connection with travel related to the mediation and
 arbitration of a dispute as ordered by the Federal Service Impasses
 Panel (the Panel).  These proceedings were held in Washington, D.C. from
 June 29 through July 2, 1982.  The employees had requested reimbursement
 for travel and per diem expenses, which they incurred during their
 participation in such proceedings.
 
    With respect to the Respondent's denial of the employees' request for
 travel and per diem expenses related to their participation in the
 mediation and arbitration proceedings ordered by the Panel, subsequent
 to the parties' stipulation of facts herein the United States Supreme
 Court in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439
 (1983) 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 that the Respondent did not refuse to
 comply with section 7131(a) of the Statute by its denial of the
 employees' request for reimbursement of their travel expenses and per
 diem allowances.  It follows that the Respondent did not violate section
 7116(a)(1) and (8) of the Statute in this regard.
 
    However, with respect to the Respondent's denial of the employees'
 request for official time for travel related to the mediation and
 arbitration sessions ordered by the Panel, the Authority concludes that
 such denial constitutes a refusal to comply with section 7131(a) of the
 Statute, for the reasons set forth in