10:0194(38)CA - Treasury, IRS and Treasury, IRS Austin District and NTEU and NTEU Chapter 52 -- 1982 FLRAdec CA

 10 FLRA No. 38
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 AUSTIN DISTRICT
 Respondents
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES UNION
 CHAPTER 52
 Charging Parties
 
                                          Case No. 6-CA-1215
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
 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, THE AUTHORITY FINDS:
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENTS 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, BASED ON ITS DENIAL OF OFFICIAL TIME FOR TRAVEL AND
 ITS DENIAL OF REIMBURSEMENT FOR TRAVEL AND PER DIEM EXPENSES TO EMPLOYEE
 FRANCIS MILNER, THE DESIGNATED REPRESENTATIVE OF THE UNION IN MID-TERM
 NEGOTIATIONS CONDUCTED ON FEBRUARY 23, 1981.
 
    THE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY IDENTICAL TO
 THOSE IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN REGION,
 DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA NO.
 40(1980), ENFORCED SUB NOM.  BUREAU OF ALCOHOL, TOBACCO AND FIREARMS V.
 FEDERAL LABOR RELATIONS AUTHORITY, 672 F.2D 732 (9TH CIR. 1982).  /1/
 THUS, FOR THE REASONS SET FORTH THEREIN, THE AUTHORITY FINDS THAT THE
 RESPONDENT HAS FAILED AND REFUSED TO COMPLY WITH SECTION 7131(A) OF THE
 STATUTE AND THEREFORE HAS VIOLATED SECTION 7116(A)(1) AND (8) OF THE
 STATUTE.  /2/
 
                                   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 AUTHORITY HEREBY ORDERS THAT THE UNITED STATES DEPARTMENT
 OF THE TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT
 OF THE TREASURY, INTERNAL REVENUE SERVICE, AUSTIN DISTRICT, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE OFFICIAL TIME FOR TRAVEL AND TO
 REIMBURSE EMPLOYEE FRANCIS MILNER FOR TRAVEL AND PER DIEM EXPENSES
 INCURRED, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, AS THE DESIGNATED REPRESENTATIVE OF
 THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, THE EXCLUSIVE
 REPRESENTATIVE OF ITS EMPLOYEES, IN MID-TERM NEGOTIATIONS CONDUCTED
 FEBRUARY 23, 1981.
 
    (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 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE:
 
    (A) REIMBURSE EMPLOYEE FRANCIS MILNER, BASED UPON THE PREVIOUSLY
 SUBMITTED VOUCHER, FOR TRAVEL AND PER DIEM EXPENSES INCURRED, PURSUANT
 TO SECTION 7131(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, AS THE DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY
 EMPLOYEES UNION, CHAPTER 52, THE EXCLUSIVE REPRESENTATIVE OF ITS
 EMPLOYEES, IN MID-TERM NEGOTIATIONS CONDUCTED FEBRUARY 23, 1981.
 
    (B) GRANT OFFICIAL TIME TO EMPLOYEE FRANCIS MILNER FOR TIME SPENT IN
 A TRAVEL STATUS IN CONNECTION WITH SAID NEGOTIATIONS.
 
    (C) POST AT ITS FACILITIES IN THE AUSTIN DISTRICT COPIES OF THE
 ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE AUTHORITY.  UPON RECEIPT
 OF SUCH FORMS, THEY SHALL BE SIGNED BY THE DISTRICT DIRECTOR 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.  THE DISTRICT DIRECTOR
 SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED,
 DEFACED, OR COVERED BY ANY OTHER MATERIAL.
 
    (D) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
 REGULATIONS, NOTIFY THE REGIONAL DIRECTOR, REGION VI, 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., SEPTEMBER 30, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
        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 FAIL OR REFUSE TO PROVIDE OFFICIAL TIME FOR TRAVEL AND TO
 REIMBURSE EMPLOYEE FRANCIS MILNER FOR TRAVEL AND PER DIEM EXPENSES
 INCURRED, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, AS THE DESIGNATED REPRESENTATIVE OF
 THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, OUR EMPLOYEES'
 EXCLUSIVE REPRESENTATIVE, IN MID-TERM NEGOTIATIONS CONDUCTED FEBRUARY
 23, 1981.
 
    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 REIMBURSE EMPLOYEE FRANCIS MILNER, BASED UPON THE PREVIOUSLY
 SUBMITTED VOUCHER, FOR TRAVEL AND PER DIEM EXPENSES INCURRED, PURSUANT
 TO SECTION 7131(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, AS THE DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY
 EMPLOYEES UNION, OUR EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN MID-TERM
 NEGOTIATIONS CONDUCTED FEBRUARY 23, 1981.
 
    WE WILL GRANT OFFICIAL TIME TO EMPLOYEE FRANCIS MILNER FOR TIME SPENT
 IN A TRAVEL STATUS IN CONNECTION WITH SAID NEGOTIATIONS.
 
                                (ACTIVITY)
 
    DATED:  . . .  BY:  . . .
 
                            (SIGNATURE) (TITLE)
 
    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, REGION VI, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS
 IS:  BRYAN & ERVAY STREET, ROOM 450, P.O. BOX 2640, DALLAS, TEXAS 75221,
 AND WHOSE TELEPHONE NUMBER IS:  (214) 767-4996.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ BUT SEE DIVISION OF MILITARY AND NAVAL AFFAIRS, STATE OF NEW YORK
 (ALBANY, NEW YORK), 7 FLRA NO. 69(1981), REVERSED SUB NOM. DIVISION OF
 MILITARY AND NAVAL AFFAIRS V. FEDERAL LABOR RELATIONS AUTHORITY, 683
 F.2D 45 (2D CIR. 1982) AND U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND
 EDUCATION ADMINISTRATION, AGRICULTURAL RESEARCH, NORTH CENTRAL REGION,
 DAKOTAS-ALASKA AREA, 6 FLRA NO. 45(1981), REVERSED SUB NOM. UNITED
 STATES DEPARTMENT OF AGRICULTURE V. FEDERAL LABOR RELATIONS AUTHORITY,
 NO. 81-1948 (8TH CIR. AUG. 9, 1982).
 
    /2/ WITH RESPECT TO THE RESPONDENTS' CONTENTION THAT TRAVEL TIME IS
 NOT DUTY TIME, SEE FLORIDA NATIONAL GUARD, 5 FLRA NO. 49(1981).