10:0263(50)CA - Treasury, IRS and Treasury, IRS Dallas District and NTEU and NTEU Chapter 46 -- 1982 FLRAdec CA

 10 FLRA No. 50
 
 UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE
 DALLAS DISTRICT
 Respondents
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 46
 Charging Parties
 
                                            Case No. 6-CA-1295
 
                            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 VIOLATED SECTION
 7116(A)(1) AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (THE STATUTE) WHEN THEY FAILED AND REFUSED TO COMPLY WITH
 SECTION 7131(A) OF THE STATUTE BY DENYING REIMBURSEMENT OF TRAVEL AND
 PER DIEM EXPENSES TO EMPLOYEE HARLEY A. SAATHOF INCURRED WITH RESPECT TO
 NEGOTIATIONS "CONCERNING THE PROPOSED TRANSFER OF THE AUSTIN, TEXAS
 POST-OF-DUTY EMPLOYEE PLANS SPECIALISTS AND EXEMPT ORGANIZATION
 SPECIALISTS TO HOUSTON, TEXAS GROUPS WITHOUT A PHYSICAL RELOCATION."
 SUCH NEGOTIATIONS OCCURRED ON JUNE 9, 1981, AND THE RESPONDENTS ADMIT
 THAT THEY DENIED THE REQUESTED REIMBURSEMENT SUBMITTED BY THE NAMED
 EMPLOYEE.
 
    THE DISPOSITIVE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY
 IDENTICAL TO THOSE FOUND 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/ FOR THE REASONS FULLY STATED IN BUREAU OF ALCOHOL, TOBACCO
 AND FIREARMS, THE AUTHORITY FINDS THAT THE RESPONDENTS HEREIN HAVE
 FAILED AND REFUSED TO COMPLY WITH SECTION 7131(A) OF THE STATUTE AND
 THEREFORE HAVE VIOLATED SECTION 7116(A)(1) AND (8) OF THE STATUTE.  /2/
 
                                   ORDER
 
    PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
 FEDERAL LABOR RELATIONS AUTHORITY 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, DALLAS DISTRICT, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED
 TRAVEL AND PER DIEM
 
    EXPENSES TO EMPLOYEE HARLEY A. SAATHOF, OR ANY OTHER EMPLOYEE, AS A
 RESULT OF HIS
 
    PARTICIPATION, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS
 
    STATUTE, AS THE DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL
 TREASURY EMPLOYEES UNION AND
 
    NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, THEIR EMPLOYEES'
 EXCLUSIVE REPRESENTATIVE,
 
    DURING MID-TERM NEGOTIATIONS CONDUCTED JUNE 9, 1981.
 
    (B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
 COERCING THEIR
 
    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 HARLEY A. SAATHOF BASED UPON HIS PREVIOUSLY
 SUBMITTED VOUCHER FOR
 
    HIS TRAVEL AND PER DIEM EXPENSES INCURRED DURING SAID NEGOTIATIONS.
 
    (B) POST AT ITS FACILITIES IN THE DALLAS 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 ARE
 
    CUSTOMARILY POSTED.  THE DISTRICT DIRECTOR SHALL TAKE REASONABLE
 STEPS 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 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 PAYMENT OF PROPERLY DOCUMENTED
 TRAVEL AND PER DIEM EXPENSES TO EMPLOYEE HARLEY A. SAATHOF, OR ANY OTHER
 EMPLOYEE, AS A RESULT OF HIS PARTICIPATION, PURSUANT TO SECTION 7131(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AS THE DULY
 DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION AND
 NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, OUR EMPLOYEES' EXCLUSIVE
 REPRESENTATIVE, DURING MID-TERM NEGOTIATIONS CONDUCTED JUNE 9, 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 HARLEY A. SAATHOF BASED UPON HIS
 PREVIOUSLY SUBMITTED VOUCHER FOR HIS TRAVEL AND PER DIEM EXPENSES
 INCURRED DURING SAID NEGOTIATIONS.
 
                           (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 VI, WHOSE ADDRESS IS:  BRYAN AND 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. AUGUST 9, 1982).
 
    /2/ WITH RESPECT TO RESPONDENTS' ALTERNATIVE CONTENTIONS HEREIN, SUCH
 CONTENTIONS ARE IDENTICAL TO THOSE RAISED BY THE RESPONDENTS AND
 DISPOSED OF BY THE AUTHORITY IN UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE
 TREASURY, INTERNAL REVENUE SERVICE, DALLAS, DISTRICT, 10 FLRA NO. 21
 (1982), INVOLVING SIMILAR ALLEGATIONS.