16:0557(78)CA - Bureau of the Public Debt and NTEU -- 1984 FLRAdec CA

 16 FLRA No. 78
 
 BUREAU OF THE PUBLIC DEBT
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 Charging Party
 
                                            Case No. 3-CA-30034
 
                            DECISION AND ORDER
 
    This matter is before the Federal Labor Relations 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, /1/ the Authority
 finds:
 
    The complaint alleges that the Respondent 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 based on its denial of the request of employees Edwin N. Bloomer
 and Wanda A. Wiseman, who served as designated Union representatives,
 for official time in connection with travel related to the mediation and
 arbitration of a dispute as ordered by the Federal Service Impasses
 Panel (the Panel).  These proceedings were held in Washington, D.C. from
 June 29 through July 2, 1982.  The employees had requested reimbursement
 for travel and per diem expenses, which they incurred during their
 participation in such proceedings.
 
    With respect to the Respondent's denial of the employees' request for
 travel and per diem expenses related to their participation in the
 mediation and arbitration proceedings ordered by the Panel, subsequent
 to the parties' stipulation of facts herein the United States Supreme
 Court in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439
 (1983) concluded that the obligation of an agency under section 7131(a)
 of the Statute to provide official time to its 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.  Pursuant to that decision, and for the reasons set forth by
 the Court, the Authority concludes that the Respondent did not refuse to
 comply with section 7131(a) of the Statute by its denial of the
 employees' request for reimbursement of their travel expenses and per
 diem allowances.  It follows that the Respondent did not violate section
 7116(a)(1) and (8) of the Statute in this regard.
 
    However, with respect to the Respondent's denial of the employees'
 request for official time for travel related to the mediation and
 arbitration sessions ordered by the Panel, the Authority concludes that
 such denial constitutes a refusal to comply with section 7131(a) of the
 Statute, for the reasons set forth in 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).  Therefore, it follows that the
 Respondent's denial of official time violated section 7116(a)(1) and (8)
 of the Statute.
 
                                   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 Bureau of the Public Debt shall:
 
    1.  Cease and desist from:
 
    (a) Refusing the request of employees Edwin N. Bloomer and Wanda A.
 Wiseman, the designated representatives of the National Treasury
 Employees Union, its employees' exclusive representative, for official
 time pursuant to section 7131(a) of the Statute, for travel related to
 the mediation and arbitration proceedings conducted from June 29 through
 July 2, 1982.
 
    (b) In any like or related manner interfering with, restraining, or
 coercing its 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 Federal Service Labor-Management Relations
 Statute:
 
    (a) Grant official time to employees Edwin Bloomer and Wanda A.
 Wiseman, the designated representatives of the National Treasury
 Employees Union, its employees' exclusive representative, for their time
 spent in travel status related to the mediation and arbitration
 proceedings conducted from June 29 through July 2, 1982 and make them
 whole for any loss of annual leave, or other benefits, related to the
 refusal.
 
    (b) Post at its facilities in Parkersburg, West Virginia copies of
 the attached Notice on forms to be furnished by the Authority.  Upon
 receipt of such forms, they shall be signed by an authorized
 representative of the Respondent 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) Pursuant to section 2423.30 of the Authority's Rules and
 Regulations, notify the Regional Director, 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.
 
    IT IS FURTHER ORDERED that the remaining allegation of the complaint
 in Case No. 3-CA-30034 be, and it hereby is, dismissed.  
 
 Issued, Washington, D.C., November 19, 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 refuse the request of employees Edwin N. Bloomer and
 Wanda A. Wiseman, the designated representatives of the National
 Treasury Employees Union, the exclusive representative of our employees,
 for official time pursuant to section 7131(a) of the Statute, for travel
 related to the mediation and arbitration proceedings conducted from June
 29 through July 2, 1982.
 
    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
 Statute.
 
    WE WILL grant official time to employees Edwin N. Bloomer and Wanda
 A. Wiseman, the designated representatives of the National Treasury
 Employees Union, the exclusive representative of our employees, for
 their time spent in travel status related to the mediation and
 arbitration proceedings conducted from June 29 through July 2, 1982, and
 make them whole for any loss of annual leave, or other benefits, related
 to the refusal.
                                       (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, Region III, Federal Labor Relations Authority, whose address
 is:  1111 18th Street, Room 700, P.O. Box 33758, Washington, D.C.
 20033-0758 and whose telephone number is:  (202) 653-8456.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ The untimely briefs of the Respondent and the Charging Party were
 not considered herein.