[ v10 p277 ]
10:0277(52)CA
The decision of the Authority follows:
10 FLRA No. 52 DEPARTMENT OF TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Respondent and NATIONAL TREASURY EMPLOYEES UNION Charging Party Case No. 3-CA-2849 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(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, THE AUTHORITY FINDS: THE COMPLAINT ALLEGES THAT THE RESPONDENT FAILED AND REFUSED TO PROVIDE EMPLOYEE REPRESENTATIVES MARTIN CONNELL AND DOROTHY SHELTON OFFICIAL TIME AND TRAVEL AND PER DIEM EXPENSES FOR THE TIME THEY PARTICIPATED IN NEGOTIATIONS OVER THE IMPACT AND IMPLEMENTATION OF A PROPOSED REDUCTION-IN-FORCE AFFECTING BARGAINING UNIT EMPLOYEES. IT ALLEGES THAT THE RESPONDENT BY SUCH ACTIONS HAS 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. THE UNION IS THE EXCLUSIVE REPRESENTATIVE OF A CONSOLIDATED BARGAINING UNIT INCLUDING ESSENTIALLY ALL PROFESSIONAL HEADQUARTERS EMPLOYEES AND ALL NONPROFESSIONAL REGIONAL EMPLOYEES. THE STIPULATED RECORD REFLECTS THAT REPRESENTATIVES OF THE RESPONDENT MET ON APRIL 16 AND 17, 1981, WITH EMPLOYEES CONNELL AND SHELTON, WHO WERE THE DESIGNATED REPRESENTATIVES OF THE UNION FOR THE BARGAINING UNIT AFFECTED BY THE PROPOSED REDUCTION-IN-FORCE. HAVING BEEN REFUSED OFFICIAL TIME AND REIMBURSEMENT FOR TRAVEL AND PER DIEM EXPENSES BY THE RESPONDENT, CONNELL AND SHELTON UTILIZED ANNUAL LEAVE FOR THEIR TIME SPENT IN SUCH NEGOTIATIONS. 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, 672 F.2D 732 (9TH CIR. 1982. /1/ THUS, FOR THE REASONS SET FORTH THEREIN, THE AUTHORITY FINDS THAT THE RESPONDENT 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. ORDER PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS THAT THE DEPARTMENT OF TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, SHALL: 1. CEASE AND DESIST FROM: (A) FAILING OR REFUSING TO PROVIDE OFFICIAL TIME AND RELATED TRAVEL AND PER DIEM EXPENSES TO EMPLOYEES MARTIN CONNELL AND DOROTHY SHELTON AS A RESULT OF THEIR PARTICIPATION, PURSUANT TO SECTION 1731(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, AS THE DESIGNATED REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION, THE EXCLUSIVE REPRESENTATIVE OF ITS EMPLOYEES, IN NEGOTIATIONS OVER THE IMPACT AND IMPLEMENTATION OF A PROPOSED REDUCTION-IN-FORCE. (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR COERCING ITS EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE. 2. TAKE THE FOLLOWING AFFIRMATIVE ACTION IN ORDER TO EFFECTUATE THE PURPOSES AND POLICIES OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE: (A) MAKE EMPLOYEES MARTIN CONNELL AND DOROTHY SHELTON WHOLE FOR THE ANNUAL LEAVE THEY UTILIZED ON APRIL 17 AND 18, 1980, AND UPON PRESENTATION OF A PROPERLY DOCUMENTED VOUCHER, REIMBURSE THEM FOR THEIR TRAVEL AND PER DIEM EXPENSES INCURRED AS A RESULT OF THEIR PARTICIPATION IN SAID NEGOTIATIONS. (B) POST AT ITS HEADQUARTERS AND REGIONAL 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, OR HIS DESIGNEE, 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 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 30, 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 AND RELATED TRAVEL AND PER DIEM EXPENSES TO EMPLOYEES MARTIN CONNELL AND DOROTHY SHELTON AS A RESULT OF THEIR PARTICIPATION, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, AS THE DESIGNATED REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION, OUR EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN NEGOTIATIONS OVER THE IMPACT AND IMPLEMENTATION OF A PROPOSED REDUCTION-IN-FORCE. 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 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE. WE WILL MAKE EMPLOYEES MARTIN CONNELL AND DOROTHY SHELTON WHOLE FOR THE ANNUAL LEAVE THEY UTILIZED ON APRIL 17 AND 18, 1980, AND UPON PRESENTATION OF A PROPERLY DOCUMENTED VOUCHER, REIMBURSE THEM FOR THEIR TRAVEL AND PER DIEM EXPENSES INCURRED AS A RESULT OF THEIR PARTICIPATION IN SAID 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 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. --------------- FOOTNOTES$ --------------- /1/ BUREAU OF ALCOHOL, TOBACCO AND FIREARMS INVOLVED BOTH THE ISSUE OF OFFICIAL TIME FOR IMPACT AND IMPLEMENTATION NEGOTIATIONS AND THE ISSUE OF TRAVEL AND PER DIEM EXPENSES. BUT SEE DIVISION OF MILITARY AND NAVAL AFFAIRS, STATE OF NEW YORK (ALBANY, NEW YORK), 7 FLRA NO. 69 (1981), REVERSED SUB NOM. DIVISION OF MILITARY AND NAVAL AFFAIRS V. FEDERAL LABOR RELATIONS AUTHORITY, NO. 82-4036 (2D CIR. JUNE 28, 1982) AND U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND EDUCATION ADMINISTRATION, AGRICULTURAL RESEARCH, NORTH CENTRAL REGION, DAKOTAS-ALASKA AREA, 6 FLRA NO. 45 (1981), REVERSED SUB NOM. UNITED STATES DEPARTMENT OF AGRICULTURE V. FEDERAL LABOR RELATIONS AUTHORITY, NO. 81-1948 (8TH CIR. AUG. 9, 1982), WITH RESPECT TO THE ISSUE OF TRAVEL AND PER DIEM EXPENSES.