[ v08 p578 ]
08:0578(110)CA
The decision of the Authority follows:
8 FLRA No. 110
UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE
AND UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE,
AUSTIN DISTRICT
Respondent
and
Case Nos. 6-CA-636
6-CA-755
NATIONAL TREASURY EMPLOYEES UNION
AND NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 52
Charging Party
UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE
AND UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE,
DALLAS DISTRICT
Respondent
and
Case No. 6-CA-644
NATIONAL TREASURY EMPLOYEES UNION
AND NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 46
Charging Party
UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE
AND UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE,
SOUTHWESTERN REGION
Respondent
and
Case No. 6-CA-746
NATIONAL TREASURY EMPLOYEES UNION
AND NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 91
Charging Party
DECISION AND ORDER
THE ADMINISTRATIVE LAW JUDGE ISSUED THE ATTACHED DECISION IN THE
ABOVE-ENTITLED PROCEEDING FINDING THAT THE RESPONDENT HAD ENGAGED IN THE
UNFAIR LABOR PRACTICES ALLEGED IN THE COMPLAINT, AND RECOMMENDING THAT
IT CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION.
THEREAFTER, THE RESPONDENT FILED EXCEPTIONS TO THE JUDGE'S DECISION AND
THE GENERAL COUNSEL FILED AN OPPOSITION TO THE RESPONDENT'S EXCEPTIONS.
PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
(5 CFR 2423.29) AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (THE STATUTE), THE AUTHORITY HAS REVIEWED THE RULINGS
OF THE JUDGE MADE AT THE HEARING AND FINDS THAT NO PREJUDICIAL ERROR WAS
COMMITTED. THE RULINGS ARE HEREBY AFFIRMED. /1/ UPON CONSIDERATION OF
THE JUDGE'S DECISION AND THE ENTIRE RECORD, THE AUTHORITY HEREBY ADOPTS
THE JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS. /2/
ORDER
PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, THE
AUTHORITY HEREBY ORDERS THAT:
IN CASE NOS. 6-CA-636 AND 6-CA-755, THE UNITED STATES DEPARTMENT OF
THE TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF
THE TREASURY, INTERNAL REVENUE SERVICE, AUSTIN DISTRICT SHALL:
1. CEASE AND DESIST FROM:
(A) FAILING AND REFUSING TO PROVIDE TO JOHN AGEE, ARLIE SMITH,
ANTONIO OVALLE, OR ANY OTHER
BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL
TREASURY EMPLOYEES UNION,
CHAPTER 52, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING
UNION-AGENCY NEGOTIATIONS OF A
COLLECTIVE BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH
PARTICIPATION, INCLUDING NECESSARY
TRAVEL TIME AS OCCURS DURING THE EMPLOYEES' REGULAR WORK HOURS AND
WHEN THEY WOULD OTHERWISE
BE IN A WORK OR PAID LEAVE STATUS. IN ADDITION, NECESSARY
TRANSPORTATION AND PER DIEM
EXPENSES SHALL BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
(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 ACTIONS IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE STATUTE:
(A) PROVIDE UNION REPRESENTATIVES JOHN AGEE, ARLIE SMITH, AND ANTONIO
OVALLE OFFICIAL TIME
WHILE THEY WERE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
EMPLOYEES UNION, CHAPTER 52, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN COLLECTIVE BARGAINING
NEGOTIATIONS BETWEEN MARCH 13,
1980 AND JULY 23, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED
DURING THE
EMPLOYEES' REGULAR WORK HOURS AND WHEN THEY WOULD OTHERWISE HAVE BEEN
IN A WORK OR PAID LEAVE
STATUS, AND MAKE THEM WHOLE FOR ANY ANNUAL LEAVE UTILIZED, AND UPON
SUBMISSION OF APPROPRIATE
VOUCHERS, PAY TO JOHN AGEE, ARLIE SMITH, AND ANTONIO OVALLE WHATEVER
TRAVEL AND PER DIEM
EXPENSES EMPLOYEES ENGAGED IN OFFICAL AGENCY BUSINESS WOULD BE
ENTITLED.
(B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
OF THE ATTACHED
NOTICE MARKED "APPENDIX A" 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 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.
IN CASE NO. 6-CA-644, 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 TO LOUISE VAN RIDDELL, OR ANY
OTHER BARGAINING UNIT
EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
EMPLOYEES UNION, CHAPTER 46, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS
OF A COLLECTIVE
BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION, INCLUDING
NECESSARY TRAVEL TIME AS
OCCURS DURING THE EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE
WOULD OTHERWISE BE IN A
WORK OR PAID LEAVE STATUS. IN ADDITION, NECESSARY TRANSPORTATION AND
PER DIEM EXPENSES SHALL
BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
(B) IN ANY LIKE OR RELATED MANNER INTERFERRING WITH, RESTRAINING, OR
COERCING EMPLOYEES IN
THE EXERCISE OF THEIR RIGHTS ASSURED BY THE STATUTE.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE STATUTE:
(A) PROVIDE UNION REPRESENTATIVE LOUISE VAN RIDDELL OFFICIAL TIME
WHILE SHE WAS ENGAGED IN
REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, THE
EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN
DECEMBER 18, 1979 AND DECEMBER
11, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED DURING THE
EMPLOYEE'S REGULAR WORK HOURS
AND WHEN SHE WOULD OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE
STATUS, AND MAKE HER WHOLE FOR
ANY ANNUAL LEAVE UTILIZED, AND UPON SUBMISSION OF AN APPROPRIATE
VOUCHER, PAY TO LOUISE VAN
RIDDELL WHATEVER TRAVEL AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN
OFFICIAL AGENCY BUSINESS
WOULD BE ENTITLED.
(B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
OF THE ATTACHED
NOTICE MARKED "APPENDIX B" ON FORMS TO BE FURNISHED B Y THE FEDERAL
LABOR RELATIONS
AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY 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 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.
IN CASE NO. 6-CA-746, THE UNITED STATES DEPARTMENT OF THE TREASURY,
INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE TREASURY,
INTERNAL REVENUE SERVICE, SOUTHWESTERN REGION SHALL:
1. CEASE AND DESIST FROM:
(A) FAILING AND REFUSING TO PROVIDE TO CHESTER O. STEWART, WILLIAM J.
BAUER, OR ANY OTHER
BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL
TREASURY EMPLOYEES UNION,
CHAPTER 91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING
UNION-AGENCY NEGOTIATIONS OF A
COLLECTIVE BARGAINING AGREEMENT, OFFICAL TIME FOR SUCH PARTICIPATION,
INCLUDING NECESSARY
TRAVEL TIME AS OCCURS DURING THE EMPLOYEES' REGULAR WORK HOURS AND
WHEN THE EMPLOYEES WOULD
OTHERWISE BE IN A WORK OR PAID LEAVE STATUS. IN ADDITION, NECESSARY
TRANSPORTATION AND PER
DIEM EXPENSES SHALL BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
(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 ACTIONS IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE STATUTE:
(A) PROVIDE UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM J.
BAUER OFFICIAL TIME
WHILE THEY WERE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
EMPLOYEES UNION, CHAPTER 91, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN COLLECTIVE BARGAINING
NEGOTIATIONS BETWEEN APRIL 24,
1980 AND MAY 16, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED
DURING THE
EMPLOYEES' REGULAR WORK HOURS AND WHEN THEY WOULD OTHERWISE HAVE BEEN
IN A WORK OR PAID LEAVE
STATUS, AND MAKE THEM WHOLE FOR ANY ANNUAL LEAVE UTILIZED, AND UPON
SUBMISSION OF APPROPRIATE
VOUCHERS, PAY TO CHESTER O. STEWART AND WILLIAM J. BAUER WHATEVER
TRAVEL AND PER DIEM EXPENSES
EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
(B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
OF THE ATTACHED
NOTICE MARKED "APPENDIX C" 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 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., MAY 13, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX A 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 TO JOHN AGEE, ARLIE SMITH,
ANTONIO OVALLE, OR ANY OTHER BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN
REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF
A COLLECTIVE BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION,
INCLUDING NECESSARY TRAVEL TIME AS OCCURS DURING THE EMPLOYEES' REGULAR
WORK HOURS AND WHEN THE EMPLOYEES WOULD OTHERWISE BE IN A WORK OR PAID
LEAVE STATUS. IN ADDITION, NECESSARY TRANSPORTATION AND PER DIEM
EXPENSES SHALL BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
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 PROVIDE UNION REPRESENTATIVES JOHN AGEE, ARLIE SMITH, AND
ANTONIO OVALLE, OFFICIAL TIME WHILE THEY WERE ENGAGED IN REPRESENTING
THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, THE EMPLOYEES'
EXCLUSIVE REPRESENTATIVE, IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN
MARCH 13, 1980 AND JULY 23, 1980, INCLUDING NECESSARY TRAVEL TIME AS
OCCURRED DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE
EMPLOYEES
WOULD OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM
WHOLE FOR ANY ANNUAL LEAVE UTILIZED, AND, UPON SUBMISSION OF APPROPRIATE
VOUCHERS, PAY TO JOHN AGEE, ARLIE SMITH, AND ANTONIO OVALLE WHATEVER
TRAVEL AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN OFFICIAL AGENCY
BUSINESS WOULD BE ENTITLED.
(AGENCY OR 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 ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, REGION VI, BRYAN
AND ERVAY STREET, ROOM 450, P. O. BOX 2640, DALLAS, TEXAS 75221, AND
WHOSE TELEPHONE NUMBER IS (214) 767-4996
APPENDIX B 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 TO LOUISE VAN RIDDELL, OR ANY
OTHER BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE
NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, THE EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE
BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION, INCLUDING
NECESSARY TRAVEL TIME AS OCCURS DURING THE EMPLOYEES' REGULAR WORK HOURS
AND WHEN THE EMPLOYEES WOULD OTHERWISE BE IN A WORK OR PAID LEAVE
STATUS. IN ADDITION, NECESSARY TRANSPORTATION AND PER DIEM EXPENSES
SHALL BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
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 PROVIDE UNION REPRESENTATIVE LOUISE VAN RIDDELL OFFICIAL TIME
WHILE SHE WAS ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 46, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN
COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN DECEMBER 18, 1979 AND
DECEMBER 11, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED DURING
HER REGULAR WORK HOURS AND WHEN SHE WOULD OTHERWISE HAVE BEEN IN A WORK
OR PAID LEAVE STATUS, AND MAKE HER WHOLE FOR ANY ANNUAL LEAVE UTILIZED,
AND, UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO LOUISE VAN RIDDELL
WHATEVER TRAVEL AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN OFFICIAL
AGENCY BUSINESS WOULD BE ENTITLED.
(AGENCY OR 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 ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, REGION VI, BRYAN
AND ERVAY STREET, ROOM 450, P. O. BOX 2640, DALLAS, TEXAS 75221, AND
WHOSE TELEPHONE NUMBER IS (214) 767-4996
APPENDIX C PURSUANT TO A DECISION AND ORDER OF THE FEDERAL
LABOR RELATIONS AUTHORITY AND IN ORDER 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 TO CHESTER O. STEWART, WILLIAM
J. BAUER, OR ANY OTHER BARGAINING UNIT EMPLOYEE, WHILE ENGAGED IN
REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF
A COLLECTIVE BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION,
INCLUDING NECESSARY TRAVEL TIME AS OCCURS DURING THE EMPLOYEES' REGULAR
WORK HOURS AND WHEN THE EMPLOYEES WOULD OTHERWISE BE IN A WORK OR PAID
LEAVE STATUS. IN ADDITION, NECESSARY TRANSPORTATION AND PER DIEM
EXPENSES SHALL BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
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 PROVIDE UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM
J. BAUER OFFICIAL TIME WHILE THEY WERE ENGAGED IN REPRESENTING THE
NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, IN COLLECTIVE BARGAINING NEGOTIATIONS BETWEEN APRIL 24,
1980 AND MAY 16, 1980, INCLUDING NECESSARY TRAVEL TIME AS OCCURRED
DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE EMPLOYEES WOULD
OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM WHOLE
FOR ANY ANNUAL LEAVE UTILIZED, AND, UPON SUBMISSION OF APPROPRIATE
VOUCHERS, PAY TO CHESTER O. STEWART AND WILLIAM J. BAUER WHATEVER TRAVEL
AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS
WOULD BE ENTITLED.
(AGENCY OR 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 ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
REGIONAL DIRECTOR, FEDERAL LABOR RELATIONS AUTHORITY, REGION VI, BRYAN
AND ERVAY STREET, ROOM 450, P. O. BOX 2640, DALLAS, TEXAS 75221, AND
WHOSE TELEPHONE NUMBER IS (214) 767-4996.
-------------------- ALJ$ DECISION FOLLOWS --------------------
GARY A. ANDERSON, ESQUIRE
WILLIAM P. LEHMAN, ESQUIRE
FOR THE RESPONDENT
SUSAN E. JELEN, ESQUIRE
ELIZABETH A. MARTINEZ, ESQUIRE
FOR THE GENERAL COUNSEL
B. CRAIG DEATS, ESQUIRE
FOR THE CHARGING PARTY
BEFORE: GARVIN LEE OLIVER
ADMINISTRATIVE LAW JUDGE
DECISION
STATEMENT OF THE CASE
THIS CASE AROSE PURSUANT TO THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE, 5 U.S.C. 7101 ET SEQ., (THE STATUTE), AS A RESULT OF
CONSOLIDATED UNFAIR LABOR PRACTICE COMPLAINT FILED BY THE REGIONAL
DIRECTOR, SIXTH REGION, FEDERAL LABOR RELATIONS AUTHORITY, DALLAS,
TEXAS, AGAINST THE UNITED STATES DEPARTMENT OF THE TREASURY, INTERNAL
REVENUE SERVICE (IRS) AND UNITED STATES DEPARTMENT OF THE TREASURY,
INTERNAL REVENUE SERVICE, AUSTIN DISTRICT, DALLAS DISTRICT, AND
SOUTHWEST REGION (HEREINAFTER JOINTLY REFERRED TO AS RESPONDENT OR
SEPARATELY AS IRS, AUSTIN DISTRICT, IRS, DALLAS DISTRICT, AND IRS,
SOUTHWEST REGION).
THE COMPLAINT ALLEGED, IN SUBSTANCE, THAT RESPONDENT VIOLATED
SECTIONS 7116(A)(1) AND (8) OF THE STATUTE BY REFUSING TO COMPLY WITH
SECTION 7131(A) IN REFUSING TO PROVIDE, VARIOUSLY, OFFICIAL TIME FOR
TRAVEL AND TRAVEL AND PER DIEM EXPENSES FOR AGENCY EMPLOYEES
REPRESENTING THE UNION AT NEGOTIATIONS. RESPONDENT ADMITS JURISDICTION,
BUT DENIES ANY VIOLATION OF THE STATUTE.
A HEARING WAS HELD IN THIS MATTER IN DALLAS, TEXAS. BASED ON THE
ENTIRE RECORD HEREIN, INCLUDING MY OBSERVATION OF THE WITNESSES AND
THEIR DEMEANOR, THE EXHIBITS, STIPULATIONS, AND OTHER RELEVANT EVIDENCE
ADDUCED AT THE HEARING, AND THE BRIEFS, I MAKE THE FOLLOWING FINDINGS OF
FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS.
FINDINGS OF FACT
BACKGROUND
1. AT ALL TIMES MATERIAL HEREIN, RESPONDENT, JOINTLY AND SEPARATELY,
IS, AND HAS BEEN, AN AGENCY WITHIN THE MEANING OF 5 U.S.C. 7103(A)(3).
2. AT ALL TIMES MATERIAL HEREIN, RESPONDENT HAS RECOGNIZED THE
NATIONAL TREASURY EMPLOYEES UNION, A LABOR ORGANIZATION WITHIN THE
MEANING OF 5 U.S.C. 7103(A)(4), AS THE EXCLUSIVE REPRESENTATIVE OF AN
APPROPRIATE UNIT OF RESPONDENT'S EMPLOYEES. IRS AND THE UNION HAVE BEEN
PARTIES TO A MULTI-DISTRICT COLLECTIVE BARGAINING AGREEMENT COVERING
EMPLOYEES IN THE APPROPRIATE UNIT. AT ALL TIMES MATERIAL HEREIN, NTEU
CHAPTER 46, 52, AND 91 HAVE BEEN THE LOCAL REPRESENTATIVES OF THE UNION
AT THE DALLAS DISTRICT, AUSTIN DISTRICT, AND SOUTHWEST REGIONAL OFFICE,
RESPECTIVELY, OF RESPONDENT FOR THE PURPOSE OF COLLECTIVE BARGAINING AND
ADMINISTRATION OF THE COLLECTIVE BARGAINING AGREEMENT.
CASE NO. 6-CA-636
3. ON MARCH 13, 14, 17, AND 18, 1980, THE IRS, AUSTIN DISTRICT AND
NTEU CHAPTER 52 ENGAGED IN MID-TERM NEGOTIATIONS CONCERNING THE
RELOCATION OF THE NORTHWEST SATELLITE OFFICE. UNION REPRESENTATIVES
JOHN AGEE AND ARLIE SMITH, EMPLOYEES AS DEFINED IN 5 U.S.C.
7103(A)(2)(A), WERE ENGAGED IN THE NEGOTIATIONS. RESPONDENT HAS REFUSED
TO REIMBURSE JOHN AGEE AND ARLIE SMITH FOR OFFICAL TIME FOR TRAVEL AND
TRAVEL AND PER DIEM EXPENSES INCURRED IN REGARD TO THESE NEGOTIATIONS.
CASE NO. 6-CA-644
4. BEGINNING ON DECEMBER 18, 1979, AND CONCLUDING ON DECEMBER 11,
1980, IRS, DALLAS DISTRICT AND THE UNION ENGAGED IN IMPACT AND
IMPLEMENTATION BARGAINING NEGOTIATIONS CONCERNING THE INSTALLATION OF A
COLLINS ACD V. TELEPHONE SYSTEM. UNION REPRESENTATIVE LOUISE VAN
RIDDELL, AN EMPLOYEE AS DEFINED IN 5 U.S.C. 7103(A)(2)(A), WAS ENGAGED
IN THE NEGOTIATIONS. RESPONDENT HAS REFUSED TO REIMBURSE LOUISE VAN
RIDDELL FOR PER DIEM AND TRAVEL EXPENSES INCURRED IN REGARD TO THESE
NEGOTIATIONS.
CASE NO. 6-CA-746
5. ON APRIL 24 AND 25, 1980 AND MAY 15 AND 16, 1980, IRS, SOUTHWEST
REGION AND NTEU CHAPTER 91 ENGAGED IN MID-TERM NEGOTIATIONS CONCERNING
SUPERVISORY EVALUATION FORM 211 IN REFERENCE TO THE HANDLING OF APPEALS
CASES. UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM J. BAUER,
EMPLOYEES AS DEFINED IN 5 U.S.C. 7103(A)(2)(A), WERE ENGAGED IN SOME OF
THESE NEGOTIATIONS. RESPONDENT HAS REFUSED TO REIMBURSE CHESTER O.
STEWART AND WILLIAM J. BAUER FOR OFFICIAL TIME FOR TRAVEL AND PER DIEM
AND TRAVEL EXPENSES INCURRED IN REGARD TO SUCH NEGOTIATIONS.
CASE NO. 6-CA-755
6. THE IRS, AUSTIN DISTRICT AND NTEU CHAPTER 52 ENGAGED IN
NEGOTIATIONS CONCERNING THE IMPACT AND IMPLEMENTATION OF THE RELOCATION
OF THE CENTRALIZED SERVICE BRANCH, IRS FROM HOUSTON, TEXAS TO AUSTIN,
TEXAS ON JUNE 3, 1980. IN ADDITION, THE SAME PARTIES ENGAGED IN
NEGOTIATIONS CONCERNING THE TRANSFER OF SIX IRS REVENUE AGENT GROUPS AND
ONE IRS REVENUE OFFICER GROUP FROM THE DOWNTOWN HOUSTON IRS OFFICE TO
THE HOUSTON NORTHWEST SATELLITE IRS OFFICE ON JULY 23, 1980. UNION
REPRESENTATIVES ANTONIO OVALLE AND ARLIE SMITH, EMPLOYEES AS DEFINED IN
5 U.S.C. 7103(A)(2)(A), WERE ENGAGED IN THE NEGOTIATIONS ON JULY 23,
1980 AND ARLIE SMITH WAS ALSO ENGAGED IN THE NEGOTIATIONS ON JUNE 3,
1980. RESPONDENT HAS REFUSED TO REIMBURSE ANTONIO OVALLE AND ARLIE
SMITH OFFICIAL TIME FOR TRAVEL AND PER DIEM AND TRAVEL EXPENSES INCURRED
IN REGARD TO THESE NEGOTIATIONS.
GENERAL
7. RESPONDENT, THROUGH ITS AGENT ROBERT M. MCKEEVER, BY LETTER DATED
JULY 11, 1980 NOTIFIED THE UNION THAT "(T)HE NTEU WAS FORMALLY NOTIFIED
ON FEBRUARY 11, 1980 OF THE INTERNAL REVENUE SERVICE'S INTENT TO DENY
PAYMENT OF TRAVEL AND PER DIEM FOR UNION OFFICIALS PARTICIPATING IN
NEGOTIATIONS."
8. THE UNION REIMBURSED THE ABOVE-NAMED EMPLOYEES FOR THEIR TRAVEL
EXPENSES, AFTER RESPONDENT REFUSED TO DO SO, WITH THE UNDERSTANDING THAT
THE EMPLOYEES WOULD RETURN THIS MONEY TO THE UNION IF AND WHEN THE
RESPONDENT IS REQUIRED TO PAY THE EMPLOYEES AFTER THESE PROCEEDINGS.
DISCUSSION, CONCLUSIONS, AND RECOMMENDATIONS
THE ISSUE PRESENTED FOR DETERMINATION IS WHETHER RESPONDENT VIOLATED
5 U.S.C. 7131(A), THUS COMMITTING UNFAIR LABOR PRACTICES IN VIOLATION OF
5 U.S.C. 7116(A)(1) AND (8), BY REFUSING TO PAY TRAVEL AND PER DIEM
EXPENSES, AND BY REFUSING OFFICIAL TIME FOR TRAVEL, FOR AGENCY EMPLOYEES
REPRESENTING THE UNION AT MID-TERM NEGOTIATIONS.
THE AUTHORITY IN ITS INTERPRETATION AND GUIDANCE, 2 FLRA NO.
31(1979) CONCLUDED THAT THE OFFICIAL TIME PROVISIONS OF SECTION 7131(A)
ENCOMPASS ALL NEGOTIATIONS BETWEEN AN EXCLUSIVE REPRESENTATIVE AND AN
AGENCY OF A COLLECTIVE BARGAINING AGREEMENT, INCLUDING MID-TERM
NEGOTIATIONS AS WELL AS THE NEGOTIATION OR RENEGOTIATION OF A BASIC
COLLECTIVE BARGAINING AGREEMENT. THE AUTHORITY ALSO HELD THAT "WHILE AN
EMPLOYEE IS ON OFFICIAL TIME REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN
THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT, THAT EMPLOYEE IS
ON PAID TIME ENTITLED TO HIS OR HER USUAL COMPENSATION AND IS NOT IN
LEAVE STATUS." THE AUTHORITY EXPRESSLY FOUND THAT AN EMPLOYEE SO ENGAGED
"IS CLEARLY ENGAGED ON 'OFFICIAL BUSINESS FOR THE GOVERNMENT.'" THE
AUTHORITY CONCLUDED THAT "ANY EMPLOYEE WHO IS ON OFFICIAL TIME UNDER
SECTION 7131 OF THE STATUTE WHILE REPRESENTING AN EXCLUSIVE
REPRESENTATIVE IN THE NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT
IS ENTITLED TO PAYMENTS FROM AGENCIES FOR THEIR DUTY TIME AND TRAVEL AND
PER DIEM EXPENSE."
RESPONDENT CONTENDS THAT THE INTERPRETATION AND GUIDANCE CONTAINED IN
2 FLRA NO. 31 HAS NO SUPPORT IN THE CIVIL SERVICE REFORM ACT OF 1978,
ITS LEGISLATIVE HISTORY, AND IS CONTRARY TO LONG ESTABLISHED PAST
PRACTICES AND PRECEDENTS; THAT RESPONDENT IS WITHOUT LEGAL AUTHORITY TO
EXPEND APPROPRIATED FUNDS FOR THE PAYMENT OF EMPLOYEE-UNION NEGOTIATORS
TRAVEL AND PER DIEM EXPENSES; THAT OFFICIAL TIME DOES NOT COVER TRAVEL
TO AND FROM BARGAINING SESSIONS; THAT, ALTHOUGH REQUESTS HAVE BEEN MADE
AND DENIED, ACTUAL TRAVEL VOUCHERS HAVE NOT BEEN SUBMITTED BY ALL THE
EMPLOYEES IN QUESTION; AND THAT WHERE AN EMPLOYEE HAS ALREADY BEEN PAID
BY THE UNION FOR TRAVEL AND PER DIEM EXPENSES, SUCH EMPLOYEE HAS NOT
INCURRED SUCH EXPENSES FOR PURPOSES OF REIMBURSEMENT.
MOST OF THE RESPONDENT'S ARGUMENTS ARE WITHOUT MERIT IN THIS FORUM
FOR THE REASONS GIVEN BY THE AUTHORITY IN ITS INTERPRETATION AND
GUIDANCE, SUPRA, AND MORE RECENTLY EXPRESSED BY THE ADMINISTRATIVE LAW
JUDGE, AND ADOPTED BY THE AUTHORITY, IN BUREAU OF ALCOHOL, TOBACCO AND
FIREARMS, WESTERN REGION, DEPARTMENT OF THE TREASURY, SAN FRANCISCO,
CALIFORNIA AND NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 81, 4 FLRA NO.
40(1980). RESPONDENTS' REMAINING CONTENTION, THAT THE AGENCY EMPLOYEES
REPRESENTING THE UNION DID NOT INCUR EXPENSES SO AS TO JUSTIFY
REIMBURSEMENT, IS EQUALLY WITHOUT MERIT. THIS ARGUMENT IS GROUNDED ON
THE STIPULATION BY THE UNION THAT IT REIMBURSED THE EMPLOYEES FOR THEIR
TRAVEL EXPENSES, AFTER RESPONDENT REFUSED TO DO SO, WITH THE
UNDERSTANDING THAT THE EMPLOYEES WOULD RETURN THE MONEY TO THE UNION IF
AND WHEN RESPONDENT PAID THEM FOR THEIR EXPENSES. THIS PROCEDURE WILL
NOT RESULT IN THE "DOUBLE REIMBURSEMENT" FEARED BY RESPONDENT. THE
UNION IS, IN EFFECT, MERELY LOANING OR ADVANCING THE EMPLOYEES FUNDS TO
COVER THEIR EXPENSES UNTIL THE EMPLOYEES ARE PROPERLY REIMBURSED FOR
SUCH EXPENSES BY RESPONDENT. THE FACT THAT THE UNION UNDERTOOK TO
ACCOMMODATE THE EMPLOYEES IN THIS MANNER IS IRRELEVANT TO RESPONDENT'S
OBLIGATION. INDEED, THE AUTHORITY NOTED IN ITS INTERPRETATION AND
GUIDANCE, SUPRA, THAT THE REQUIREMENT THAT AGENCIES PAY TRAVEL AND PER
DIEM EXPENSES WOULD MORE NEARLY EQUATE THE STATUS OF UNION AND
MANAGEMENT NEGOTIATORS AS CONTEMPLATED BY CONGRESS, FACILITATE MORE
EFFECTIVE UNION REPRESENTATION AT THE BARGAINING TABLE, AND THEREBY
IMPLEMENT THE PURPOSE OF THE STATUTE, TO ENCOURAGE COLLECTIVE BARGAINING
IN THE FEDERAL SECTOR.
ACCORDINGLY, I CONCLUDE THAT BY ITS FAILURE AND REFUSAL TO PROVIDE
THE ABOVE NAMED UNION REPRESENTATIVES WITH OFFICIAL TIME FOR TRAVEL AS
OCCURRED DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE
EMPLOYEES
WOULD OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS AND WHATEVER
TRAVEL AND PER DIEM EXPENSES THEY MAY HAVE BEEN ENTITLED TO WERE THEY
CONSIDERED TO BE ON OFFICIAL AGENCY BUSINESS WHILE PERFORMING THE UNION
REPRESENTATIONAL DUTIES, RESPONDENT FAILED AND REFUSED TO COMPLY WITH
SECTION 7131(A) OF THE STATUTE AND THEREBY VIOLATED SECTIONS 7116(A)(1)
AND (8) OF THE STATUTE.
BASED ON THE FOREGOING FINDINGS AND CONCLUSIONS, I RECOMMEND THAT THE
AUTHORITY ISSUE THE FOLLOWING:
ORDER
(CASE NO. 6-CA-636 AND 6-CA-755)
PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE 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, AUSTIN DISTRICT SHALL:
1. CEASE AND DESIST FROM:
(A) FAILING AND REFUSING TO PROVIDE TO JOHN AGEE, ARLIE SMITH,
ANTONIO OVALLE, OR ANY
AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
EMPLOYEES UNION, CHAPTER
52, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY
NEGOTIATIONS OF A COLLECTIVE
BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION, INCLUDING
NECESSARY TRAVEL TIME AS
OCCURS DURING THE EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE
WOULD OTHERWISE BE IN A
WORK OR PAID LEAVE STATUS. IN ADDITION, NECESSARY TRANSPORTATION AND
PER DIEM EXPENSES SHALL
BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
(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 ACTIONS IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE STATUTE:
(A) PROVIDE UNION REPRESENTATIVES JOHN AGEE, ARLIE SMITH, AND ANTONIO
OVALLE, OFFICIAL TIME
WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION,
CHAPTER 52, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS
OF A COLLECTIVE
BARGAINING AGREEMENT, DURING THE PERIOD MARCH 13, 1980 TO JULY 23,
1980, INCLUDING NECESSARY
TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES' REGULAR WORK HOURS AND
WHEN THE EMPLOYEES WOULD
OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM
WHOLE FOR ANY ANNUAL LEAVE
UTILIZED, AND UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO JOHN
AGEE, ARLIE SMITH, AND
ANTONIO OVALLE WHATEVER TRAVEL AND PER DIEM EXPENSES EMPLOYEES
ENGAGED IN OFFICIAL AGENCY
BUSINESS WOULD BE ENTITLED.
(B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
OF THE ATTACHED
NOTICE MARKED "APPENDIX A" ON FORMS TO BE FURNISHED BY THE 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 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.
ORDER (CASE NO. 6-CA-644)
PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE 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 TO LOUISE VAN RIDDELL, OR ANY
AGENCY EMPLOYEE, WHILE
ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, THE
EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE
BARGAINING AGREEMENT,
OFFICIAL TIME FOR SUCH PARTICIPATION, INCLUDING NECESSARY TRAVEL TIME
AS OCCURS DURING THE
EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE WOULD OTHERWISE
BE IN A WORK OR PAID LEAVE
STATUS. IN ADDITION, NECESSARY TRANSPORTATION AND PER DIEM EXPENSES
SHALL BE PAID BY THE
EMPLOYING ACTIVITY OR AGENCY.
(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 ACTIONS IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE STATUTE:
(A) PROVIDE UNION REPRESENTATIVE LOUISE VAN RIDDELL OFFICIAL TIME
WHILE ENGAGED IN
REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, THE EMPLOYEES'
EXCLUSIVE REPRESENTATIVE,
DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT
DURING THE PERIOD
DECEMBER 18, 1979 TO DECEMBER 11, 1980, INCLUDING NECESSARY TRAVEL
TIME AS OCCURRED DURING THE
EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE WOULD OTHERWISE
HAVE BEEN IN A WORK OR
PAID LEAVE STATUS, AND MAKE HER WHOLE FOR ANY ANNUAL LEAVE UTILIZED,
AND UPON SUBMISSION OF AN
APPROPRIATE VOUCHER, PAY TO LOUISE VAN RIDDELL WHATEVER TRAVEL AND
PER DIEM EXPENSES EMPLOYEES
ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
(B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
OF THE ATTACHED
NOTICE MARKED "APPENDIX B" ON FORMS TO BE FURNISHED BY THE 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 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.
ORDER (CASE NO. 6-CA-746)
PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE 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, SOUTHWEST REGION SHALL:
1. CEASE AND DESIST FROM:
(A) FAILING AND REFUSING TO PROVIDE TO CHESTER O. STEWART, WILLIAM J.
BAUER, OR ANY AGENCY
EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
EMPLOYEES UNION, CHAPTER 91, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS
OF A COLLECTIVE
BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION, INCLUDING
NECESSARY TRAVEL TIME AS
OCCURS DURING THE EMPLOYEES' REGULAR WORK HOURS AND WHEN THE
EMPLOYEES WOULD OTHERWISE BE IN A
WORK OR PAID LEAVE STATUS. IN ADDITION, NECESSARY TRANSPORTATION AND
PER DIEM EXPENSES SHALL
BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
(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 ACTIONS IN ORDER TO EFFECTUATE THE
PURPOSES AND POLICIES OF THE STATUTE:
(A) PROVIDE UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM J.
BAUER OFFICIAL TIME
WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION,
CHAPTER 91, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS
OF A COLLECTIVE
BARGAINING AGREEMENT, DURING THE PERIOD APRIL 24, 1980 TO MAY 16,
1980, INCLUDING NECESSARY
TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES' REGULAR WORK HOURS AND
WHEN THE EMPLOYEES WOULD
OTHERWISE HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE THEM
WHOLE FOR ANY ANNUAL LEAVE
UTILIZED, AND UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO CHESTER
O. STEWART AND WILLIAM
J. BAUER WHATEVER TRAVEL AND PER DIEM EXPENSES EMPLOYEES ENGAGED IN
OFFICIAL AGENCY BUSINESS
WOULD BE ENTITLED.
(B) POST AT ITS FACILITIES WHEREIN UNIT EMPLOYEES ARE LOCATED, COPIES
OF THE ATTACHED
NOTICE MARKED "APPENDIX C" ON FORMS TO BE FURNISHED BY THE 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 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.
GARVIN LEE OLIVER
ADMINISTRATIVE LAW JUDGE
DATED: MARCH 16, 1981
WASHINGTON, D.C.
APPENDIX A 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 TO JOHN AGEE, ARLIE SMITH,
ANTONIO OVALLE, OR ANY AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING
THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, THE EMPLOYEES'
EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A
COLLECTIVE BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION,
INCLUDING NECESSARY TRAVEL TIME AS OCCURS DURING THE EMPLOYEES' REGULAR
WORK HOURS AND WHEN THE EMPLOYEE WOULD OTHERWISE BE IN A WORK OR PAID
LEAVE STATUS. IN ADDITION, NECESSARY TRANSPORTATION AND PER DIEM
EXPENSES SHALL BE PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
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 PROVIDE UNION REPRESENTATIVES JOHN AGEE, ARLIE SMITH, AND
ANTONIO OVALLE, OFFICIAL TIME WHILE ENGAGED IN REPRESENTING THE NATIONAL
TREASURY EMPLOYEES UNION, CHAPTER 52, THE EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE
BARGAINING AGREEMENT DURING THE PERIOD MARCH 13, 1980 TO JULY 23, 1980,
INCLUDING NECESSARY TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES'
REGULAR WORK HOURS AND WHEN THE EMPLOYEE WOULD OTHERWISE HAVE BEEN IN A
WORK OR PAID LEAVE STATUS, AND MAKE THEM WHOLE FOR ANY ANNUAL LEAVE
UTILIZED, AND, UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO JOHN
AGEE, ARLIE SMITH, AND ANTONIO OVALLE WHATEVER TRAVEL AND PER DIEM
EXPENSES EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE
ENTITLED.
(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, FEDERAL LABOR RELATIONS AUTHORITY, REGION 6, BRYAN
AND ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS
75221, AND WHOSE TELEPHONE NUMBER IS (214) 767-4996.
APPENDIX B 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 TO LOUISE VAN RIDDELL, OR ANY
AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE NATIONAL TREASURY
EMPLOYEES UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING
UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT, OFFICIAL
TIME FOR SUCH PARTICIPATION, INCLUDING NECESSARY TRAVEL TIME AS OCCURS
DURING THE EMPLOYEE'S REGULAR WORK HOURS AND WHEN THE EMPLOYEE WOULD
OTHERWISE BE IN A WORK OR PAID LEAVE STATUS. IN ADDITION, NECESSARY
TRANSPORTATION AND PER DIEM EXPENSES SHALL BE PAID BY THE EMPLOYING
ACTIVITY OR AGENCY.
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 PROVIDE UNION REPRESENTATIVE LOUISE VAN RIDDELL OFFICIAL TIME
WHILE SHE WAS ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES
UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING THE PERIOD
DECEMBER 18, 1979 TO DECEMBER 11, 1980, INCLUDING NECESSARY TRAVEL TIME
AS OCCURRED DURING HER REGULAR WORK HOURS AND WHEN SHE WOULD OTHERWISE
HAVE BEEN IN A WORK OR PAID LEAVE STATUS, AND MAKE HER WHOLE FOR ANY
ANNUAL LEAVE UTILIZED, AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER,
PAY TO LOUISE VAN RIDDELL WHATEVER TRAVEL AND PER DIEM EXPENSES
EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
(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, FEDERAL LABOR RELATIONS AUTHORITY, REGION 6, BRYAN
AND ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS
75221, AND WHOSE TELEPHONE NUMBER IS (214) 767-4997.
APPENDIX C 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 TO CHESTER O. STEWART, WILLIAM
J. BAUER, OR ANY AGENCY EMPLOYEE, WHILE ENGAGED IN REPRESENTING THE
NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE
BARGAINING AGREEMENT, OFFICIAL TIME FOR SUCH PARTICIPATION, INCLUDING
NECESSARY TRAVEL TIME AS OCCURS DURING THE EMPLOYEE'S REGULAR WORK HOURS
AND WHEN THE EMPLOYEE WOULD OTHERWISE BE IN A WORK OR PAID LEAVE STATUS.
IN ADDITION, NECESSARY TRANSPORTATION AND PER DIEM EXPENSES SHALL BE
PAID BY THE EMPLOYING ACTIVITY OR AGENCY.
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 PROVIDE UNION REPRESENTATIVES CHESTER O. STEWART AND WILLIAM
J. BAUER OFFICIAL TIME WHILE ENGAGED IN REPRESENTING THE NATIONAL
TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE
BARGAINING AGREEMENT, DURING THE PERIOD APRIL 24, 1980 TO MAY 16, 1980,
INCLUDING NECESSARY TRAVEL TIME AS OCCURRED DURING THE EMPLOYEES'
REGULAR WORK HOURS AND WHEN THE EMPLOYEES WOULD OTHERWISE HAVE BEEN IN
A
WORK OR PAID LEAVE STATUS, AND MAKE THEM WHOLE FOR ANY ANNUAL LEAVE
UTILIZED, AND, UPON SUBMISSION OF APPROPRIATE VOUCHERS, PAY TO CHESTER
O. STEWART AND WILLIAM J. BAUER WHATEVER TRAVEL AND PER DIEM EXPENSES
EMPLOYEES ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED.
(AGENCY OR ACTIVITY)
DATED: BY:
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, FEDERAL LABOR RELATIONS AUTHORITY, REGION 6, BRYAN
AND ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS
75221, AND WHOSE TELEPHONE NUMBER IS (214) 767-4996.
--------------- FOOTNOTES: ---------------
/1/ THE RESPONDENT CONTENDS THAT THE JUDGE ERRED IN EXCLUDING
EVIDENCE TO THE EFFECT THAT TWO OF THE EMPLOYEES CLAIMING TRAVEL
EXPENSES AND PER DIEM DID NOT SUBMIT VALID EXPENSE VOUCHERS IN SUPPORT
THEREOF. HOWEVER, NO FACTUAL ISSUE EXISTS AS TO THIS MATTER INASMUCH AS
THE RECORD ESTABLISHES THAT ALL OF THE EMPLOYEES INVOLVED SOUGHT TRAVEL
EXPENSES AND PER DIEM AND WERE INFORMED BY THE RESPONDENT THAT THEIR
REQUESTS WERE DENIED. FURTHER, THE GENERAL COUNSEL CONCEDED ON THE
RECORD THAT TWO OF THE EMPLOYEES DID NOT SUBMIT VOUCHERS AFTER BEING
ADVISED THAT SUCH VOUCHERS WOULD NOT BE HONORED. IN ANY EVENT, IT IS
NOTED IN THIS REGARD THAT THE JUDGE'S RECOMMENDED ORDER, ADOPTED HEREIN,
REQUIRES THE RESPONDENT TO PAY WHATEVER TRAVEL AND PER DIEM EXPENSES MAY
BE INVOLVED, BUT ONLY UPON SUBMISSION OF APPROPRIATE VOUCHERS. THUS THE
MATTER IS PROPERLY ONE FOR COMPLIANCE.
/2/ IN AGREEMENT WITH THE JUDGE, AND BASED ON HIS REASONING, THE
AUTHORITY FINDS THAT THE CHARGING PARTY'S TEMPORARY REIMBURSEMENT OF THE
EMPLOYEES FOR THE AMOUNT OF THEIR PER DIEM AND TRAVEL EXPENSES HAS NO
BEARING ON THE RESPONDENT'S DUTY TO MAKE THEM WHOLE FOR THOSE AMOUNTS
WITHIN THE MEANING OF SECTION 7131(A) OF THE STATUTE AND THE AUTHORITY'S
INTERPRETATION AND GUIDANCE, 2 FLRA 265(1979). SEE ALSO BUREAU OF
ALCOHOL, TOBACCO AND FIREARMS, WESTERN REGION, DEPARTMENT OF THE
TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA NO. 40(1980), ENFORCED, NOS.
80-7673, 81-7021(9TH CIR. MARCH 22, 1982).