10:0231(44)CA - Treasury, Customs Service, Region IX, Chicago, IL and NTEU -- 1982 FLRAdec CA

 10 FLRA No. 44
 
 U.S. DEPARTMENT OF THE TREASURY
 U.S. CUSTOMS SERVICE, REGION IX
 CHICAGO, ILLINOIS
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                            Case No. 5-CA-1331
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE 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, THE AUTHORITY FINDS:
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1)
 AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
 STATUTE) BY ITS REFUSAL TO REIMBURSE EMPLOYEE JOHN SCHMAL FOR HIS TRAVEL
 AND PER DIEM EXPENSES INCURRED IN CONNECTION WITH REPRESENTING THE UNION
 IN IMPACT BARGAINING CONDUCTED ON APRIL 28, 1981.  /1/
 
    THE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY IDENTICAL TO
 THOSE INVOLVED 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).  /2/
 THUS, FOR THE REASONS SET FORTH IN BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, 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.  /3/
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
 AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE FEDERAL
 SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE DEPARTMENT OF THE TREASURY, U.S. CUSTOMS SERVICE, REGION IX,
 CHICAGO, ILLINOIS, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TRAVEL AND PER DIEM EXPENSES TO
 EMPLOYEE JOHN SCHMAL
 
    INCURRED IN CONNECTION WITH HIS PARTICIPATION ON OFFICIAL TIME,
 PURSUANT TO SECTION 7131(A) OF
 
    THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, AS A
 DESIGNATED REPRESENTATIVE OF THE
 
    NATIONAL TREASURY EMPLOYEES UNION, THE EXCLUSIVE REPRESENTATIVE OF
 ITS EMPLOYEES, IN IMPACT
 
    BARGAINING.
 
    (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 JOHN SCHMAL, BASED UPON HIS PREVIOUSLY
 SUBMITTED VOUCHER, FOR HIS
 
    TRAVEL AND PER DIEM EXPENSES INCURRED IN CONNECTION WITH HIS
 PARTICIPATION, PURSUANT TO
 
    SECTION 7131(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE, AS A DESIGNATED
 
    REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION, THE
 EXCLUSIVE REPRESENTATIVE OF ITS
 
    EMPLOYEES IN IMPACT BARGAINING.
 
    (B) POST AT ITS CHICAGO REGIONAL FACILITIES COPIES OF THE ATTACHED
 NOTICE ON FORMS TO BE
 
    FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL
 BE SIGNED BY THE REGIONAL
 
    COMMISSIONER, OR HIS DESIGNEE, 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 COMMISSIONER SHALL
 TAKE REASONABLE STEPS TO
 
    INSURE 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 V, 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.
 
    IT IS FURTHER ORDERED THAT THE SECTION 7116(A)(1) AND (5) ALLEGATION
 OF THE COMPLAINT BE, AND IT HEREBY IS, DISMISSED.
 
    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 TRAVEL AND PER DIEM EXPENSES TO
 EMPLOYEE JOHN SCHMAL INCURRED IN CONNECTION WITH HIS PARTICIPATION ON
 OFFICIAL TIME, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE, AS A DESIGNATED REPRESENTATIVE OF
 THE NATIONAL TREASURY EMPLOYEES UNION, OUR EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, IN IMPACT BARGAINING.
 
    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 JOHN SCHMAL, BASED UPON HIS PREVIOUSLY
 SUBMITTED VOUCHER, FOR HIS TRAVEL AND PER DIEM EXPENSES INCURRED IN
 CONNECTION WITH HIS PARTICIPATION, PURSUANT TO SECTION 7131(A) OF THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, AS DESIGNATED
 REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION, OUR EMPLOYEES'
 EXCLUSIVE REPRESENTATIVE, IN IMPACT BARGAINING.
 
                           (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, REGION V, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:
  SUITE 1359-A, 175 W. JACKSON BLVD., CHICAGO, ILLINOIS 60604, AND WHOSE
 TELEPHONE NUMBER IS:  (312) 353-0139.
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE COMPLAINT ALSO ALLEGES THAT RESPONDENT'S REFUSAL WAS A
 VIOLATION OF SECTION 7116(A)(1) AND (5) OF THE STATUTE AS IT CONSTITUTED
 A PATENT BREACH OF A CONTRACT CLAUSE AGREED UPON AT THE LOCAL LEVEL.
 NOTING PARTICULARLY THAT THE CONTRACT CLAUSE IN QUESTION WAS TIMELY
 DISAPPROVED BY THE HEAD OF THE AGENCY IN ACCORDANCE WITH SECTION 7114(C)
 OF THE STATUTE, THE AUTHORITY FINDS THIS ALLEGATION TO BE WITHOUT MERIT.
 
    /2/ 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. AUGUST 9, 1982).
 
    /3/ ACCORD, U.S. DEPARTMENT OF THE TREASURY, U.S. CUSTOMS SERVICE,
 REGION IX, CHICAGO, ILLINOIS, 9 FLRA NO. 98(1982).