09:0514(59)CA - Treasury, Bureau of the Public Debt and NTEU and Chapters 190 and 199 -- 1982 FLRAdec CA

 9 FLRA No. 59
 
 DEPARTMENT OF THE TREASURY
 BUREAU OF THE PUBLIC DEBT
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES UNION
 AND CHAPTERS 190 AND 199
 Charging Party
 
                                            Case No. 3-CA-1837
 
                            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 OF THE AUTHORITY'S RULES AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 PARTIES' STIPULATION OF FACTS AND THE CONTENTIONS OF THE PARTIES, THE
 AUTHORITY FINDS:
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENT'S DENIAL OF THE UNION'S
 REQUEST FOR TRAVEL EXPENSES FOR EMPLOYEES ON ITS NEGOTIATING TEAM
 VIOLATED SECTION 7116(A)(1), (5) AND (8) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AS IT INVOLVED A
 FAILURE TO COMPLY WITH SECTION 7131(A) OF THE STATUTE AND A FAILURE TO
 NEGOTIATE IN GOOD FAITH.  AS A RESULT OF THE RESPONDENT'S REFUSAL TO PAY
 TRAVEL EXPENSES, THE UNION ALTERED ITS NEGOTIATING TEAM SO AS TO INCUR
 NO TRAVEL EXPENSES.
 
    THE DISPOSITIVE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY
 IDENTICAL TO THOSE INVOLVED IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS,
 WESTERN REGION, DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4
 FLRA NO. 40 (1980), ENFORCED SUB NOM. BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS V. FEDERAL LABOR RELATIONS AUTHORITY, 672 F.2D 732 (9TH CIR.
 1982).  THUS, FOR THE REASONS MORE FULLY STATED IN BUREAU OF ALCOHOL,
 TOBACCO AND FIREARMS, THE AUTHORITY FINDS THAT THE RESPONDENT HEREIN HAS
 FAILED AND REFUSED TO COMPLY WITH SECTION 7131(A) OF THE STATUTE AND
 THEREFORE HAS VIOLATED SECTION 7116(A)(1) AND (8) OF THE STATUTE.  /1/
 
                                 ORDER /2/
 
    PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
 AUTHORITY AND SECTION 7118 OF THE STATUTE, THE AUTHORITY HEREBY ORDERS
 THAT THE DEPARTMENT OF THE TREASURY, BUREAU OF THE PUBLIC DEBT, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE TRAVEL EXPENSES TO THEIR
 EMPLOYEES INCURRED AS A RESULT OF THEIR PARTICIPATION ON OFFICIAL TIME,
 PURSUANT TO SECTION 7131(A) OF THE STATUTE, AS DULY DESIGNED
 REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION AND CHAPTERS
 190 AND 199, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING THE
 NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT.
 
    (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 STATUTE:
 
    (A) POST AT ITS FACILITIES COPIES OF THE ATTACHED NOTICE ON FORMS TO
 BE FURNISHED BY THE AUTHORITY.  UPON RECEIPT OF SUCH FORMS, THEY SHALL
 BE SIGNED BY THE COMMISSIONER OF THE PUBLIC DEBT AND SHALL BE POSTED AND
 MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS
 PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES WHERE NOTICES TO
 EMPLOYEES ARE CUSTOMARILY POSTED.  THE COMMISSIONER SHALL TAKE
 REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED,
 OR COVERED BY ANY OTHER MATERIAL.
 
    (B) 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.  
 
 ISSUED, WASHINGTON, D.C., JULY 21, 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 FAIL OR REFUSE TO PROVIDE TRAVEL EXPENSES TO OUR EMPLOYEES
 INCURRED AS A RESULT OF THEIR PARTICIPATION ON OFFICIAL TIME, PURSUANT
 TO SECTION 7131(A) OF THE STATUTE, AS DULY DESIGNATED REPRESENTATIVES OF
 THE NATIONAL TREASURY EMPLOYEES UNION AND CHAPTERS 190 AND 199, OUR
 EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING THE NEGOTIATION OF A
 COLLECTIVE BARGAINING AGREEMENT.  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.
 
                           (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 ITS PROVISIONS,
 THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR, REGION III,
 FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS:  1111 18TH STREET,
 N.W., SUITE 700, WASHINGTON, D.C. 20036 AND WHOSE TELEPHONE NUMBER IS:
 (202) 653-8507.