16:0139(26)CA - Treasury, Customs Service, Region IX, Chicago, IL and NTEU -- 1984 FLRAdec CA

 16 FLRA No. 26
 
 U.S. DEPARTMENT OF THE TREASURY
 U.S. CUSTOMS SERVICE, REGION IX
 CHICAGO, ILLINOIS
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                             Case Nos. 5-CA-1033
                                                       5-CA-1183
                                             9 FLRA 779
 
                      SUPPLEMENTAL DECISION AND ORDER
 
    On August 4, 1982, the Authority issued a Decision and Order in the
 above-entitled proceeding in which it dismissed the complaint in Case
 No. 5-CA-1183 and those allegations of Case No. 5-CA-1033 related to
 supplemental bargaining and patent breach.  However, with respect to
 those allegations of the complaint in Case No. 5-CA-1033 related solely
 to impact bargaining, the Authority found that the Respondent 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 when it refused to reimburse certain
 of its employees for their travel and per diem expenses incurred in such
 impact bargaining.  Thereafter, both the Respondent and the Charging
 Party petitioned the United States Court of Appeals for the Sixth
 Circuit for review of the Authority's Decision and the Court
 consolidated the proceedings.
 
    Upon issuance of the United States Supreme Court's decision in Bureau
 of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439 (1983) in which
 the Supreme Court concluded that the obligation of an agency under
 section 7131(a) of the Statute to provide official time to employees
 representing an exclusive representative in the negotiation of a
 collective bargaining agreement does not encompass the payment of travel
 expenses and per diem allowances, the Respondent filed a motion for
 summary reversal of the Authority's Decision.  The Charging Party, in
 response to that motion, agreed with the Respondent that the Authority's
 Decision is fully controlled by the Supreme Court's decision in Bureau
 of Alcohol, Tobacco and Firearms v. FLRA.  Upon review, the United
 States Court of Appeals for the Sixth Circuit ordered that the order
 under review be vacated and the cases remanded to the Federal Labor
 Relations Authority for further consideration in light of the United
 States Supreme Court's decision.  Pursuant to the Order of the United
 States Court of Appeals for the Sixth Circuit, the Authority has given
 further consideration to these cases in light of the Supreme Court's
 decision in Bureau of Alcohol, Tobacco and Firearms v. FLRA.  Pursuant
 to that decision, the Authority dismisses those allegations of the
 complaint in Case No. 5-CA-1033 not already dismissed pertaining to the
 Respondent's failure and refusal to reimburse its employees for their
 travel and per diem expenses and hereby vacates its prior order in this
 regard.  Accordingly, the Authority shall issue the following order
 dismissing the consolidated complaint in its entirety.
 
                                   ORDER
 
    IT IS ORDERED that the consolidated complaint in Case Nos. 5-CA-1033
 and 5-CA-1183 be, and it hereby is, dismissed.  
 
 Issued, Washington, D.C., October 2, 1984
 
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY