21:0512(69)CA - Bureau of Gov't Financial Operations HQ and NTEU And NTEU, Chapter 202 -- 1986 FLRAdec CA
[ v21 p512 ]
21:0512(69)CA
The decision of the Authority follows:
21 FLRA No. 69
BUREAU OF GOVERNMENT FINANCIAL
OPERATIONS, HEADQUARTERS
Respondent
and
NATIONAL TREASURY EMPLOYEES UNION
AND NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 202
Charging Party
Case No. 3-CA-2646
(15 FLRA 423)
SUPPLEMENTAL DECISION AND ORDER
On August 1, 1984, the Authority issued its Supplemental Decision and
Order in the above-entitled proceeding /1/ in which it found that the
Respondent was not obligated under section 7114(a)(2)(A) of the Federal
Service Labor-Management Relations Statute /2/ (the Statute) to afford
an exclusive representative of its employees notice of and the
opportunity to be present at an interview of a unit employee in
preparation for a hearing before the Merit Systems Protection Board
(MSPB) and therefore had not violated section 7116(a)(1) and (8) of the
Statute. /3/ Bureau of Government Financial Operations, Headquarters,
15 FLRA 423 (1984). Thereafter, on October 11, 1985, the U.S. Court of
Appeals for the District of Columbia Circuit set aside the Authority's
Decision and held, contrary to the Authority, that the subject matter of
the interview concerned a grievance as that term is used in section
7114(a)(2)(A) of the Statute, that the interview constituted a formal
discussion within the meaning of section 7114(a)(2)(A), and that the
Respondent's failure to notify the exclusive representative and provide
it with an opportunity to be present at the interview therefore was
contrary to the requirements of section 7114(a)(2)(A) and thus in
violation of section 7116(a)(1) and (8) of the Statute. National
Treasury Employees Union v. FLRA, 774 F.2d 1181 (D.C. Cir. 1985).
The Authority accepts the court's opinion as the law of the case and,
consistent with that opinion, shall issue the following remedial order:
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Statute, it is
hereby ordered that the Bureau of Government Financial Operations,
Headquarters, shall:
1. Cease and desist from:
(a) Conducting formal discussions with employees in the bargaining
unit exclusively represented by the National Treasury Employees Union,
concerning grievances or any personnel policy or practices or other
general conditions of employment, without affording the NTEU prior
notice of, and the opportunity to be represented at, such formal
discussions.
(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 Statute:
(a) Notify the National Treasury Employees Union of, and afford it
the opportunity to be represented at, formal discussions with members of
the bargaining unit exclusively represented by the NTEU concerning
grievances or any personnel policy or practices or other general
conditions of employment.
(b) Post at its facility where employees in the bargaining unit are
located copies of the attached Notice on forms to be furnished by the
Federal Labor Relations Authority. Upon receipt of such forms, they
shall be signed by an appropriate official of the Respondent, and shall
be posted and maintained for 60 consecutive days thereafter, in
conspicuous places where notices to employees are customarily posted.
Reasonable steps shall be taken to ensure 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.
Issued, Washington, D.C., April 28, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
FOOTNOTES$ -----
(1) The Authority issued its original decision on this matter on
September 15, 1983, in which it found that the Respondent, Bureau of
Government Financial Operations, Headquarters, had not violated section
7116(a)(1) and (8) of the Federal Service Labor-Management Relations
Statute and ordered that the complaint be dismissed, Bureau of
Government Financial Operations, Headquarters, 13 FLRA 27 (1983).
Subsequent thereto, the Union petitioned for review of the Authority's
decision in the U.S. Court of Appeals for the District of Columbia
Circuit (No. 83-2180). Thereafter, the Authority filed and the court
granted a motion to remand in order to allow the Authority an
opportunity to address with more particularity in a supplemental
decision the application of Internal Revenue Service and Brookhaven
Service Center, 9 FLRA 930 (1982), to the instant case.
(2) Section 7114(a)(2)(A) provides:
Section 7114. Representation rights and duties
. . . . . . .
(a)(2) An exclusive representative of an appropriate unit in an
agency shall be given the opportunity to be represented at --
(A) any formal discussion between one or more representatives
of the agency and one or more employees in the unit or their
representatives concerning any grievance or any personnel policy
or practices or other general conditions of employment(.)
(3) Section 7116(a)(1) and (8) provides:
Section 7116. Unfair labor practices
(a) For the purpose of this chapter, it shall be an unfair
labor practice for an agency --
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this chapter;
. . . . . . .
(8) to otherwise fail or refuse to comply with any provision of
this chapter(.)
APPENDIX
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 conduct formal discussions with employees in the
bargaining unit exclusively represented by the National Treasury
Employees Union, concerning grievances or any personnel policy or
practices or other general conditions of employment, without affording
the NTEU prior notice of, and the opportunity to be represented at, such
formal discussions.
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 notify the National Treasury Employees Union of, and afford
it the opportunity to be represented at, formal discussions with members
of the bargaining unit exclusively represented by the NTEU concerning
grievances or any personnel policy or practices or other general
conditions of employment.
(Agency or Activity)
Dated: . . . By: (Signature)
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 questions concerning this notice or compliance
with its provisions, they may communicate directly with the Regional
Director, Federal Labor Relations Authority, Region III, whose address
is: 1111 18th Street, N.W., Room 700, P.O. Box 33758, Washington, D.C.
20033-0758 and whose telephone number is: (202) 653-8500.