10:0147(29)CA - Bureau of Alcohol, Tobacco and Firearms, Treasury and NTEU Chapter 130 -- 1982 FLRAdec CA

 10 FLRA No. 29
 
 BUREAU OF ALCOHOL, TOBACCO AND
 FIREARMS, DEPARTMENT OF THE TREASURY
 Respondent
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 130
 Charging Party
 
                                            Case No. 3-CA-1505
 
                            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 VIOLATED SECTION 7116(A)(1)
 AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
 STATUTE) WHEN IT FAILED AND REFUSED TO COMPLY WITH SECTION 7131(A) OF
 THE STATUTE.  THE STIPULATION OF FACTS ESTABLISHES THAT THE RESPONDENT
 REFUSED TO PROVIDE OFFICIAL TIME FOR EMPLOYEE MICHAEL BREEN, THE
 DESIGNATED UNION REPRESENTATIVE AND NEGOTIATOR, AND REQUIRED HIM TO
 UTILIZE ANNUAL LEAVE ON AUGUST 21, 1980, FOR THE TIME IN WHICH HE WAS
 ENGAGED IN MID-TERM BARGAINING.
 
    THE 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, NO. 80-7673 (9TH CIR. MAR. 22
 1982).  THUS, FOR THE REASONS SET FORTH IN DETAIL 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.  SEE
 ALSO INTERPRETATION AND GUIDANCE, 2 FLRA 265(1979).
 
                                   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 BUREAU OF
 ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY, SHALL:
 
    1.  CEASE AND DESIST FROM:
 
    (A) FAILING AND REFUSING TO PROVIDE OFFICIAL TIME TO EMPLOYEE MICHAEL
 BREEN AS A RESULT OF HIS PARTICIPATION ON AUGUST 21, 1980, IN MID-TERM
 NEGOTIATIONS, PURSUANT TO SECTION 7131(A) OF THE STATUTE, AS THE
 DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 130, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE.
 
    (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) MAKE EMPLOYEE MICHAEL BREEN WHOLE FOR THE ANNUAL LEAVE HE
 UTILIZED ON AUGUST 21, 1980, AS A RESULT OF HIS PARTICIPATION, PURSUANT
 TO SECTION 7131(A) OF THE STATUTE, AS THE DESIGNATED REPRESENTATIVE OF
 THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 130, IN SAID
 NEGOTIATIONS.
 
    (B) POST AT ITS FACILITIES IN THE HEADQUARTERS OFFICE COPIES OF THE
 ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE AUTHORITY.  UPON RECEIPT
 OF SUCH FORMS, THEY SHALL BE SIGNED BY AN APPROPRIATE OFFICIAL 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.  THIS
 OFFICIAL 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 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., SEPTEMBER 24, 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 OFFICIAL TIME TO EMPLOYEE
 MICHAEL BREEN AS A RESULT OF HIS PARTICIPATION ON AUGUST 21, 1980, IN
 MID TERM-NEGOTIATIONS, PURSUANT TO SECTION 7131(A) OF THE STATUTE, AS
 THE DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION,
 CHAPTER 130, OUR EMPLOYEES' EXCLUSIVE REPRESENTATIVE.
 
    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 MAKE EMPLOYEE MICHAEL BREEN WHOLE FOR THE ANNUAL LEAVE HE
 UTILIZED ON AUGUST 21, 1980, AS A RESULT OF HIS PARTICIPATION, PURSUANT
 TO SECTION 7131(A) OF THE STATUTE, AS THE DESIGNATED REPRESENTATIVE OF
 THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 130, IN SAID
 NEGOTIATIONS.
 
    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.