09:0637(72)CA - Treasury, IRS and Treasury, IRS Southwest Region and NTEU and NTEU Chapter 91 -- 1982 FLRAdec CA
[ v09 p637 ]
09:0637(72)CA
The decision of the Authority follows:
9 FLRA No. 72 UNITED STATES DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE, SOUTHWEST REGION Respondent and NATIONAL TREASURY EMPLOYEES UNION AND NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91 Charging Party Case No. 6-CA-857 DECISION AND ORDER THE ADMINISTRATIVE LAW JUDGE ISSUED HIS DECISION IN THE ABOVE-ENTITLED PROCEEDING GRANTING THE GENERAL COUNSEL'S MOTION FOR SUMMARY JUDGMENT, FINDING THAT THE RESPONDENT HAD ENGAGED IN CERTAIN UNFAIR LABOR PRACTICES, AND RECOMMENDING THAT THE RESPONDENT BE ORDERED TO CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION. THEREAFTER, THE RESPONDENT FILED EXCEPTIONS TO THE JUDGE'S DECISION. PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), THE AUTHORITY HAS REVIEWED THE RULINGS OF THE JUDGE 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 IN THIS CASE, THE AUTHORITY HEREBY ADOPTS THE JUDGE'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS. /2/ ORDER PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE AUTHORITY AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS 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 EMPLOYEE WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT. (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 UNION REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM THE SEPTEMBER 12, 1980 NEGOTIATIONS FOR THE TIME HE OTHERWISE WOULD HAVE BEEN IN A DUTY STATUS; AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER, PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER DIEM EXPENSES INCURRED DURING SUCH NEGOTIATIONS. (B) POST AT ALL OF ITS OFFICES IN THE SOUTHWEST REGION WHERE UNIT EMPLOYEES ARE LOCATED, COPIES OF THE ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY THE REGIONAL COMMISSIONER OF THE SOUTHWEST REGION 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. THE COMMISSIONER SHALL TAKE REASONABLE STEPS 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 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., 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 EMPLOYEE WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, OUR EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING NEGOTIATIONS 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. WE WILL PROVIDE UNION REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM THE SEPTEMBER 12, 1980 NEGOTIATIONS FOR THE TIME HE OTHERWISE WOULD HAVE BEEN IN A DUTY STATUS; AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER, PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER DIEM EXPENSES INCURRED DURING SUCH NEGOTIATIONS. (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 VI, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: BRYAN & ERVAY STREETS, 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 ELIZABETH A. MARTINEZ, ESQUIRE FOR THE GENERAL COUNSEL BEFORE: RANDOLPH D. MASON ADMINISTRATIVE LAW JUDGE DECISION THIS PROCEEDING AROSE PURSUANT TO THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101 ET SEQ., AS A RESULT OF AN UNFAIR LABOR PRACTICE COMPLAINT DATED JANUARY 21, 1981, FILED BY THE REGIONAL DIRECTOR, REGION VI, FEDERAL LABOR RELATIONS AUTHORITY, DALLAS, TEXAS, AGAINST THE U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE AND U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, SOUTHWEST REGION ("RESPONDENT"). THE COMPLAINT ALLEGED THAT RESPONDENT VIOLATED SECTIONS 7116(A)(1) AND (8) OF THE STATUTE WHEN IT FAILED TO COMPLY WITH SEC. 7131(A) BY REFUSING TO PROVIDE AN EMPLOYEE WITH OFFICIAL TIME FOR TRAVEL AND EXPENSES FOR TRAVEL AND PER DIEM IN CONNECTION WITH CERTAIN NEGOTIATIONS. IN ITS ANSWER, RESPONDENT ADMITTED, IN ALL MATERIAL RESPECTS, THE FACTUAL ALLEGATIONS OF THE COMPLAINT, BUT DENIED THAT IT HAD VIOLATED THE STATUTE. ON MARCH 4, 1981, COUNSEL FOR THE GENERAL COUNSEL FILED A MOTION FOR SUMMARY JUDGEMENT IN THIS CASE, ASSERTING THAT THERE WERE NO MATERIAL ISSUES OF FACT RAISED BY THE PLEADINGS AND THAT A HEARING WAS NOT REQUIRED. IN ITS RESPONSE TO THIS MOTION, RESPONDENT ARGUED THAT A HEARING WAS NECESSARY TO RESOLVE CERTAIN "FACTUAL DISPUTES." BY ORDER DATED MAY 15, 1981, THE CHIEF ADMINISTRATIVE LAW JUDGE HELD THAT THE ISSUES RAISED BY THE RESPONDENT WERE NOT PERTINENT TO THE QUESTION OF WHETHER AN UNFAIR LABOR PRACTICE HAD BEEN COMMITTED. /3/ IT WAS THEN ORDERED THAT THE PARTIES WERE ENTITLED TO FILE BRIEFS ON OR BEFORE JUNE 5, 1981. RESPONDENT AND GENERAL COUNSEL FILED BRIEFS WHICH HAVE BEEN DULY CONSIDERED. BASED ON THE ENTIRE RECORD HEREIN, INCLUDING THE PLEADINGS, THE MOTION FOR SUMMARY JUDGEMENT, RESPONDENT'S MOTION IN OPPOSITION THERETO, AND ALL BRIEFS WHICH HAVE BEEN FILED, I MAKE THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER: FINDINGS OF FACT THE NATIONAL TREASURY EMPLOYEES UNION ("NTEU") IS THE EXCLUSIVE REPRESENTATIVE FOR RESPONDENT'S EMPLOYEES IN A NATIONWIDE BARGAINING UNIT. AT ALL TIMES MATERIAL HEREIN, CHAPTER 91 HAS BEEN THE LOCAL REPRESENTATIVE OF NTEU AT THE SOUTHWEST REGIONAL OFFICE OF RESPONDENT. ON OR ABOUT SEPTEMBER 12, 1980, RESPONDENT'S SOUTHWEST REGION AND CHAPTER 91 ENGAGED IN NEGOTIATIONS CONCERNING A CHANGE IN TRAVEL POLICY FOR APPEALS OFFICERS. ON THAT DATE, WILLARD G. NICHOLS, AN IRS EMPLOYEE WITH A POST OF DUTY IN HOUSTON, TEXAS, PARTICIPATED AS A REPRESENTATIVE OF NTEU IN THOSE NEGOTIATIONS AT RESPONDENT'S REGIONAL LEVEL IN DALLAS, TEXAS. IT WAS NECESSARY FOR HIM TO TRAVEL ROUND TRIP FROM HOUSTON TO DALLAS IN ORDER TO PARTICIPATE. SINCE NOVEMBER 3, 1980, RESPONDENT HAS FAILED TO GRANT EMPLOYEE-NEGOTIATOR NICHOLS OFFICIAL TIME FOR TRAVEL AND HAS REFUSED TO PAY HIS TRAVEL AND PER DIEM EXPENSES WITH RESPECT TO THE ABOVE NEGOTIATIONS OF SEPTEMBER 12, 1980. CONCLUSIONS OF LAW THE PRIMARY QUESTION PRESENTED FOR DECISION IS WHETHER RESPONDENT VIOLATED SEC. 7131(A) OF THE STATUTE BY REFUSING TO REIMBURSE A UNION REPRESENTATIVE ENGAGED IN NEGOTIATIONS FOR PER DIEM AND TRAVEL EXPENSES AND BY REFUSING TO GRANT OFFICIAL TIME FOR TRAVEL TO AND FROM THE NEGOTIATIONS. SECTION 7131(A) OF THE STATUTE PROVIDES: ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE NEGOTIATION OF AN COLLECTIVE BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE AUTHORIZED OFFICIAL TIME FOR SUCH PURPOSES, INCLUDING ATTENDANCE AT IMPASSE PROCEEDING, DURING THE TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY STATUS. THE NUMBER OF EMPLOYEES FOR WHOM OFFICIAL TIME IS AUTHORIZED UNDER THIS SUBSECTION SHALL NOT EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED AS REPRESENTING THE AGENCY FOR SUCH PURPOSES. IN ITS INTERPRETATION AND GUIDANCE, 2 FLRA NO. 31 (1979), THE AUTHORITY EXPANDED UPON THE MEANING AND APPLICATION OF SEC. 7131(A) OF THE STATUTE. IT CONCLUDED THAT THE OFFICIAL TIME PROVISIONS ENCOMPASS ALL NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN AN EXCLUSIVE REPRESENTATIVE AND AN AGENCY, "REGARDLESS OF WHETHER SUCH NEGOTIATIONS, PERTAIN TO THE NEGOTIATION OR RENEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT." THE AUTHORITY ALSO CONCLUDED THAT EMPLOYEES REPRESENTING AN EXCLUSIVE REPRESENTATIVE ARE ENTITLED TO RECEIVE OFFICIAL TIME DURING THE TIME THEY WOULD OTHERWISE BE IN A DUTY STATUS UNDER SECTION 7131(A) OF THE STATUTE, WHICH ENTITLEMENT INCLUDES PAYMENT BY AGENCY "FOR THEIR DUTY TIME AND TRAVEL AND PER DIEM EXPENSES." IN REACHING THE FOREGOING CONCLUSIONS, THE AUTHORITY INTERPRETED THE LANGUAGE AND LEGISLATIVE HISTORY OF THE STATUTE INCLUDING SEC. 7101(A) WHICH STATES THAT "LABOR ORGANIZATIONS AND COLLECTIVE BARGAINING IN THE CIVIL SERVICE ARE IN THE PUBLIC INTEREST." FURTHER, THE AUTHORITY STATED THAT ONLY BY AFFORDING UNION NEGOTIATORS OFFICIAL TIME, TRAVEL AND PER DIEM EXPENSES, MAY EFFECTIVE UNION REPRESENTATION COMPARABLE TO THE REPRESENTATION OF MANAGEMENT BE ACHIEVED UNDER THE STATUTE, AND ONLY IN THIS MATTER MAY BOTH PARTIES EFFECTIVELY FULFILL THEIR RESPECTIVE OBLIGATION UNDER SECTION 7114(B) OF THE STATUTE TO MEET AT REASONABLE TIMES AND AS FREQUENTLY AS MAY BE NECESSARY FOR GOOD-FAITH NEGOTIATIONS ON CONDITIONS OF EMPLOYMENT. ON BRIEF, RESPONDENT ARGUES THAT THE AUTHORITY'S INTERPRETATION AND GUIDANCE, 2 FLRA NO. 31 (1979), IS WITHOUT SUPPORT IN THE CIVIL SERVICE REFORM ACT OR ITS LEGISLATIVE HISTORY, AND THAT RESPONDENT HAS NO AUTHORITY TO EXPEND ITS APPROPRIATED FUNDS FOR THE PAYMENT OF THE TRAVEL AND PER DIEM EXPENSES IN QUESTION. THESE SAME ARGUMENTS WERE REJECTED BY THE AUTHORITY IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN REGION, DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA NO. 40 (1980); SEE ALSO, U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND EDUCATION ADMINISTRATION, AGRICULTURAL RESEARCH, NORTH CENTRAL REGION, DAKOTAS-ALASKA AREA, 6 FLRA NO. 45 (JULY 15, 1981). SINCE I AM CONSTRAINED TO FOLLOW THE AUTHORITY'S PRONOUNCEMENTS, I MUST REJECT THESE SAME ARGUMENTS ADVANCED BY THE RESPONDENT IN THE INSTANT CASE. FINALLY, RESPONDENT ARGUES THAT OFFICIAL TIME DOES NOT COVER TRAVEL TO AND FROM BARGAINING SESSIONS, AND ONLY COVERS THAT TIME SPENT IN FACE TO FACE NEGOTIATIONS. THIS ARGUMENT MUST ALSO BE REJECTED. IN THE AUTHORITY'S VIEW, WHEN IT IS REQUIRED THAT AN EMPLOYEE TRAVEL TO PARTICIPATE IN OFFICIAL TIME ACTIVITIES UNDER SEC. 7131(A), DURING THE TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY STATUS, SUCH TRAVEL TIME IS PART OF THE OFFICIAL TIME. FLORIDA NATIONAL GUARD, 5 FLRA NO. 49 (1981). IN VIEW OF THE FOREGOING, I MUST CONCLUDE AND HOLD THAT THE RESPONDENT FAILED TO COMPLY WITH SEC. 7131(A) OF THE STATUTE WHEN IT REFUSED TO GRANT NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM THE NEGOTIATION SITE DURING THE TIME HE OTHERWISE WOULD HAVE BEEN IN A DUTY STATUS. THAT SECTION WAS ALSO VIOLATED WHEN RESPONDENT REFUSED TO REIMBURSE NICHOLS FOR HIS TRAVEL AND PER DIEM EXPENSES IN CONNECTION WITH THE SEPTEMBER 12, 1980 NEGOTIATIONS. RESPONDENT'S FAILURE TO COMPLY WITH SEC. 7131(A) CONSTITUTED A VIOLATION OF SEC. 7116(A)(8) AND (1) OF THE STATUTE. I HEREBY GRANT THE MOTION FOR SUMMARY JUDGMENT AND RECOMMEND THAT THE AUTHORITY ADOPT THE FOLLOWING: ORDER PURSUANT TO 5 U.S.C. 7118(A)(7) AND SEC. 2423.26 OF THE FINAL RULES AND REGULATIONS, 45 FED.REG. 3482, 3510 (1980), IT IS HEREBY ORDERED THAT THE U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE AND U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, SOUTHWEST REGION, SHALL: 1. CEASE AND DESIST: (A) FAILING AND REFUSING TO PROVIDE WILLARD NICHOLS OR ANY AGENCY EMPLOYEE, OFFICIAL TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT, EQUAL TO THE AMOUNT TO WHICH AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED. (B) IN ANY LIKE OR RELATED MATTER, 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 UNION REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM THE SEPTEMBER 12, 1980, NEGOTIATIONS DURING THE TIME HE OTHERWISE WOULD HAVE BEEN IN A DUTY STATUS; AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER, PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER DIEM EXPENSES EQUAL TO THE AMOUNT TO WHICH AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED. (B) POST AT ALL OF ITS OFFICES IN THE SOUTHWEST REGION WHERE UNIT EMPLOYEES ARE LOCATED, COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX." COPIES OF SAID NOTICE TO BE FURNISHED BY THE REGIONAL DIRECTOR FOR REGION VI AFTER BEING SIGNED BY THE REGIONAL COMMISSIONER, SHALL BE POSTED BY IT IMMEDIATELY UPON RECEIPT THEREOF AND BE MAINTAINED BY IT FOR 60 CONSECUTIVE DAYS THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. REASONABLE STEPS SHALL BE TAKEN BY RESPONDENT TO ENSURE 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 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. RANDOLPH D. MASON ADMINISTRATIVE LAW JUDGE DATED: JULY 21, 1981 WASHINGTON, D.C. APPENDIX 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 WILLARD NICHOLS, OR ANY AGENCY EMPLOYEE, OFFICIAL TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT, EQUAL TO AN AMOUNT TO WHICH AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE ENTITLED. 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 WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM UNION-AGENCY NEGOTIATIONS ON SEPTEMBER 12, 1980, IN ADDITION TO OFFICIAL TIME DURING SAID NEGOTIATIONS, AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER, PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER DIEM EXPENSES EQUAL TO AN AMOUNT TO WHICH AN EMPLOYEE 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, REGION VI, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: BRYAN & ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS, 75221, AND WHOSE TELEPHONE NUMBER IS: (214) 767-4996. --------------- FOOTNOTES$ --------------- /1/ IN AGREEMENT WITH THE CHIEF ADMINISTRATIVE LAW JUDGE'S ORDER DATED MAY 15, 1981, THE AUTHORITY FINDS THAT THE RESPONDENT HAS RAISED NO MATERIAL QUESTIONS OF FACT SO AS TO WARRANT A HEARING HEREIN. /2/ 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). /3/ RESPONDENT HAD INDICATED, FOR EXAMPLE, THAT QUESTIONS MAY ARISE REGARDING THE EXACT AMOUNT OF REIMBURSABLE EXPENSES AND WHETHER THE EMPLOYEE IN QUESTION HAD COMPLIED IN EVERY RESPECT WITH RESPONDENT'S TRAVEL REGULATIONS. THE RESOLUTION OF SUCH PROBLEMS WAS CONSIDERED APPROPRIATE DURING THE COMPLIANCE STAGE AFTER THE AUTHORITY'S DECISION ON THE UNFAIR LABOR PRACTICE ISSUES.