16:0176(28)CA - Treasury, IRS, Washington, DC and its Indianapolis ,Indiana and Dallas, Texas Districts and NTEU and NTEU Chapter 49 -- 1984 FLRAdec CA

 16 FLRA No. 28
 
 DEPARTMENT OF THE TREASURY
 INTERNAL REVENUE SERVICE
 WASHINGTON, D.C. AND ITS
 INDIANAPOLIS, INDIANA AND
 DALLAS, TEXAS DISTRICTS
 Respondents
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 49
 Charging Party
 
                                            Case No. 5-CA-593
                                            10 FLRA 210
 
                      SUPPLEMENTAL DECISION AND ORDER
 
    On September 30, 1982, the Authority issued a Decision and Order in
 the above-entitled proceeding in which it 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 failed and refused to provide
 employees Gene Friedman and Nancy Smith official time in connection with
 Federal Service Impasses Panel (FSIP) proceedings held in June 1980.  In
 addition, the Authority found that the Respondent failed and refused to
 comply with section 7131(a) of the Statute in violation of section
 7116(a)(1) and (8) of the Statute when it failed and refused to provide
 related travel and per diem expenses.  Thereafter, the Respondent
 petitioned the United States Court of Appeals for the District of
 Columbia Circuit for review of the Authority's Decision.
 
    The Court stayed its review of the Authority's Decision to await the
 United States Supreme Court's decision in Bureau of Alcohol, Tobacco and
 Firearms v. FLRA, 104 S.Ct. 439 (1983).  In that decision, 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 and per diem
 allowances.  The District of Columbia Circuit granted the Authority's
 request to have the present case remanded to it for appropriate action
 in light of the Supreme Court's decision.  Following the remand, the
 Authority sought the positions of the parties, and the parties all
 agreed that in this matter the Respondent was not liable for travel and
 per diem expenses.
 
    In light of the foregoing and consistent with the Supreme Court's
 decision in Bureau of Alcohol, Tobacco and Firearms v. FLRA, and for the
 reasons stated therein, the Authority now finds that the Respondent did
 not fail to comply with section 7131(a) of the Statute in violation of
 section 7116(a)(1) and (8) of the Statute by its refusal to grant the
 employees' request for reimbursement of their travel and per diem
 expenses and vacates its Order in this respect only.  Accordingly, the
 Authority shall issue the following Order and require that the
 accompanying Notice to all Employees be posted in this matter.  /1/
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Rules and Regulations of the
 Federal Labor Relations Authority and section 7118 of the Statute, the
 Authority hereby orders that the Department of the Treasury, Internal
 Revenue Service, Washington, D.C., and its Indianapolis, Indiana and
 Dallas, Texas Districts, shall:
 
    1.  Cease and desist from:
 
    (a) Failing and refusing to provide employees Gene Friedman and Nancy
 Smith official time under section 7131(a) of the Statute for the time
 they were engaged in representing the National Treasury Employees Union,
 and the National Treasury Employees Union, Chapter 49, the employees'
 exclusive representative, in connection with impasse proceedings in June
 1980.
 
    (b) In any like or related manner interfering with, restraining, or
 coercing employees in the exercise of their rights assured by the
 Statute.
 
    2.  Take the following affirmative action in order to effectuate the
 purposes and policies of the Statute:
 
    (a) Provide employees Gene Friedman and Nancy Smith official time for
 the performance of their representational duties on June 12 and 13,
 1980, in connection with impasse proceedings, and make them whole for
 any annual leave charged to them for those days.
 
    (b) Post at its Indianapolis, Indiana and Dallas, Texas District
 Offices, 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 the respective District Directors, or their
 designees, 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 said 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.  
 
 Issued, Washington, D.C., October 2, 1984
 
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, 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 employees Gene Friedman and
 Nancy Smith official time under section 7131(a) of the Statute for the
 time they were engaged in representing the National Treasury Union, and
 the National Treasury Employees Union, Chapter 49, the employees'
 exclusive representative, in connection with impasse proceedings in June
 1980.
 
    WE WILL NOT in any like or related manner interfere with, restrain,
 or coerce employees in the exercise of their rights assured by the
 Statute.
 
    WE WILL provide employees Gene Friedman and Nancy Smith official time
 for the performance of their representational duties on June 12 and 13,
 1980, in connection with impasse proceedings, and make them whole for
 any annual leave charged to them for those days.
                                       (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 for the Federal Labor Relations Authority, Region V, whose
 address is:  175 West Jackson Boulevard, Suite 1359-A, Chicago, Illinois
 60604, and whose telephone number is:  (312) 353-0139.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ See also United States Air Force, Air Force Logistics Command,
 Wright-Patterson Air Force Base, Ohio, 15 FLRA No. 27 (1984), petition
 for review filed, Department of the Air Force, Air Force Logistics
 Command, Wright-Patterson Air Force Base, Ohio v. FLRA, No. 84-3695 (6th
 Cir. Aug. 22, 1984), wherein the Authority concluded that the principles
 of the Supreme Court's decision in Bureau of Alcohol, Tobacco and
 Firearms v. FLRA were applicable to a situation in which the affected
 employees were participating in proceedings before the FSIP.  Thus,
 while the union's representatives were entitled to official time to
 participate in the FSIP proceedings pursuant to section 7131(a) of the
 Statute, the Authority found such entitlement did not also encompass the
 payment of associated travel and per diem expenses.