43:1378(111)CA - - Treasury, IRS, Washington, DC and IRS, Detroit District, Detroit, MI and NTEU - - 1992 FLRAdec CA - - v43 p1378
[ v43 p1378 ]
The decision of the Authority follows:
43 FLRA No. 111
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
INTERNAL REVENUE SERVICE
NATIONAL TREASURY EMPLOYEES UNION
DECISION AND ORDER
February 5, 1992
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
The Administrative Law Judge issued the attached decision in the above-entitled proceeding, finding that the Respondent violated section 7116(a)(1), (5) and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing and refusing to furnish the Union with information requested under section 7114(b)(4) of the Statute. The Respondent filed exceptions to the Judge's decision.(*) The General Counsel and the Union filed an opposition to the Respondent's exceptions.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's decision and the entire record, we adopt the Judge's findings, conclusions and recommended Order.
Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Federal Service Labor-Management Relations Statute, the Department of the Treasury, Internal Revenue Service, Washington, D.C. and Internal Revenue Service, Detroit District, Detroit, Michigan, shall:
1. Cease and desist from:
(a) Failing and refusing to furnish, upon request by the National Treasury Employees Union, the exclusive representative of certain of its employees, information which is necessary for the Union to effectively prepare for processing a grievance through arbitration.
(b) In any like or related manner interfering with, restraining or coercing its 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) Post at its facilities in the Central Region where bargaining unit employees 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 the Commissioner for the Central Region, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other 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.
(b) Pursuant to section 2423.30 of the Authority's Rules and Regulations, notify the Regional Director, Chicago Regional Office, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order as to what steps have been taken to comply.
NOTICE TO ALL EMPLOYEES
AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY
AND TO EFFECTUATE THE POLICIES OF THE
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
WE NOTIFY OUT EMPLOYEES THAT:
WE WILL NOT fail or refuse to furnish, upon request by the National Treasury Employees Union, the exclusive representative of certain of our employees, information which is necessary for the Union to effectively prepare for processing a grievance through arbitration.
WE WILL NOT in any like or related manner interfere with, restrain or coerce our employees in the exercise of rights assured them by the Federal Service Labor-Management Relations Statute.
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 any of its provisions, they may communicate directly with the Regional Director, Chicago Regional Office, Federal Labor Relations Authority, whose address is: 175 West Jackson Boulevard, Suite 1359-A, Chicago, IL 60604, and whose telephone number is: (312) 353-6306.
(If blank, the decision does not have footnotes.)
*/ The Respondent excepts only to the Judge's failure to dismiss the complaint as moot. We note that the Respondent does not dispute the Judge's finding that the requested information was necessary, within the meaning of section 7114(b)(4) of the Statute, at the time it was requested. We further note that the Respondent does not dispute the Judge's finding that that the Union did not waive its right to file the unfair labor practice charge in this case when the parties entered into a settlement agreement regarding a grievance related to the Union's request for information. We agree with the Judge, for the reasons stated by the Judge, that the complaint is not moot. See, for example, U.S. Department of Treasury, Internal Revenue Service, Washington, D.C. and Internal Revenue Service, Helena District, Helena, Montana, 39 FLRA 241, 244-45 (1991). Insofar as U.S. Equal Employment Opportunity Commission, Seattle District Office, Seattle, Washington, 17 FLRA 912 (1985) holds to the contrary, it will no longer be followed.