10:0637(104)CA - IRS and IRS Richmond District and NTEU -- 1982 FLRAdec CA

 10 FLRA No. 104
 
 INTERNAL REVENUE SERVICE
 AND IRS RICHMOND DISTRICT
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                            Case No. 3-CA-1793
 
                            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), (5) and (8) of the Federal Service Labor-Management
 Relations Statute (the Statute) when it refused to participate in the
 arbitration of an employee's grievance.  The grievance was initiated by
 the Charging Party (NTEU) on behalf of employee Sandra West on April 25,
 1978.  On November 14, 1978, NTEU notified the Respondent (IRS) that it
 was invoking arbitration in the matter.  By letter dated October 31,
 1980, IRS informed NTEU that it would not be a party to the arbitration
 inasmuch as the grievant had become a supervisor almost one year
 earlier.  NTEU notified IRS that, because the grievance had arisen while
 the employee was still in the bargaining unit, it intended to pursue
 arbitration.  IRS, however, notified the arbitrator that it would not
 take part in the arbitration and considered the proceedings terminated.
 
    In Department of Labor, Employment Standards Administrative/Wage and
 Hour Division, Washington, D.C., 10 FLRA No. 60 (1982), the Authority
 found that a refusal by either party to participate in the negotiated
 contractual procedures for the settlement of grievances, including
 arbitration, conflicts with the requirements of section 7121 of the
 Statute and therefore is violative of section 7116(a)(1) and (8) of the
 Statute.  With respect to the instant case, the Authority finds that,
 based on the reasons fully set forth in Department of Labor, by its
 actions in refusing to proceed to arbitration the Respondent failed to
 comply with the requirements of section 7121 and therefore violated
 section 7116(a)(1) and (8) of the Statute.  /1/
 
                                   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 Internal Revenue Service and IRS Richmond District, shall:
 
    1.  Cease and desist from:
 
    (a) Refusing or failing to proceed to arbitration regarding a
 grievance filed by the National Treasury Employees Union, the exclusive
 representative of its employees, contrary to the requirements of section
 7121 of the Federal Service Labor-Management Relations Statute, after
 receiving timely notice of the exclusive representative's desire to
 invoke arbitration.
 
    (b) In any like or related manner interfering with, restraining, or
 coercing 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) Upon request, proceed to arbitration regarding the grievance
 filed by the National Treasury Employees Union on behalf of Sandra L.
 West.
 
    (b) Post at its Richmond, Virginia, facility, 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
 authorized representative 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 insure that such
 Notices are not altered, defaced, or covered by any other material.
 
    (c) Notify the Regional Director of 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., December 10, 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 refuse or fail to proceed to arbitration regarding a
 grievance filed by the National Treasury Employees Union, the exclusive
 representative of our employees, contrary to the requirements of section
 7121 of the Federal Service Labor-Management Relations Statute, after
 receiving timely notice of the exclusive representative's desire to
 invoke arbitration.
 
    WE WILL NOT in any like or related manner interfere with, restrain,
 or coerce employees in the exercise of their rights assured by the
 Federal Service Labor-Management Relations Statute.
 
    WE WILL, upon request, proceed to arbitration regarding the grievance
 filed by the National Treasury Employees Union on behalf of Sandra L.
 West.
                                       (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 any of its provisions, they may communicate directly with the
 Regional Director, Region III, Federal Labor Relations Authority, whose
 address is:  P.O. Box 33758, Washington, D.C. 20033-0758, and whose
 telephone number is:  (202) 653-8507.
 
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ In view of this conclusion, it is not necessary to consider
 whether the Respondent's conduct also constituted a violation of section
 7116(a)(5).