Bureau of the Mint and AFGE (Authority decision, December 29, 1981)

Final FLRA decision. This is a final Authority order. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

On a stipulated record, the Bureau of the Mint acknowledged that it had refused travel and per diem reimbursement for employees negotiating a national agreement on official time. It argued that the Authority's existing interpretation of the statute should be reversed. The Authority rejected that argument and found violations of sections 7116(a)(1) and (8). It ordered the Mint to pay properly documented expenses and post a notice. There was no judge's decision under review; the violation finding controls the outcome label.

Decision snapshot

• Authority: 5 U.S.C. § 7116(a)(1), 5 U.S.C. § 7116(a)(8), 5 U.S.C. § 7131(a).
• Outcome: Unfair labor practice found; documented travel and per diem ordered paid.
• Key point: Employees negotiating on official time were entitled to travel and per diem reimbursement.

Full text (FLRA public release)

[ v07 p464 ]

07:0464(70)CA

The decision of the Authority follows:

7 FLRA No. 70

BUREAU OF THE MINT
DEPARTMENT OF THE TREASURY
Respondent

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Charging Party

Case No. 3-CA-1123

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 (5 CFR 2429.1
(A)).

UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS AND BRIEFS
SUBMITTED BY THE GENERAL COUNSEL AND THE RESPONDENT, THE AUTHORITY
FINDS:

THE COMPLAINT HEREIN ALLEGES THAT THE RESPONDENT VIOLATED SECTION
7116(A)(1), (5) AND (8) OF THE STATUTE ON MARCH 13, 1980, AND CONTINUING
THEREAFTER, BY ITS FAILURE TO REIMBURSE EMPLOYEES SERVING AS UNION
NEGOTIATORS FOR TRAVEL AND PER DIEM EXPENSES INCURRED ON OFFICIAL TIME
IN REGARD TO RENEGOTIATION OF THE PARTIES' NATIONAL COLLECTIVE
BARGAINING AGREEMENT. THE RESPONDENT ADMITS THAT ITS CONDUCT IS
VIOLATIVE OF THE STATUTE AS PRESENTLY INTERPRETED. /1/ HOWEVER, THE
RESPONDENT ARGUES THAT SUCH PRECEDENT SHOULD BE REVERSED BECAUSE THE
AUTHORITY'S DECISION IN INTERPRETATION AND GUIDANCE, SUPRA, IS WITHOUT A
BASIS IN THE STATUTE. THE RESPONDENT ALSO ARGUES THAT IT DOES NOT HAVE
LEGAL AUTHORITY TO EXPEND APPROPRIATED FUNDS FOR THE PAYMENT OF TRAVEL
AND PER DIEM EXPENSES TO EMPLOYEES SERVING AS UNION NEGOTIATORS.
FINALLY, IT CONTENDS THE AUTHORITY'S DECISION IN INTERPRETATION AND
GUIDANCE, SUPRA, IS WITHOUT FORCE AND EFFECT. /2/

THE PARTIES STIPULATE THAT THEY HAVE BEEN ENGAGED IN RENEGOTIATING
THEIR EXISTING NATIONWIDE AGREEMENT SINCE OCTOBER OF 1979, AND THAT THE
ALLEGED VIOLATIVE CONDUCT STEMS FROM THE RESPONDENT'S REFUSAL TO HONOR
UNION REQUESTS FOR TRAVEL AND PER DIEM EXPENSES. THUS, IN A LETTER
DATED MARCH 13, 1980, RESPONDENT TOOK THE POSITION THAT IT WISHED TO
LITIGATE THE AUTHORITY'S INTERPRETATION OF LAW IN THIS REGARD IN AN
UNFAIR LABOR PRACTICE PROCEEDING AND, UPON ISSUANCE OF A FINAL ORDER
REQUIRING PAYMENT, PETITION FOR JUDICIAL REVIEW.

THE AUTHORITY HAS CONSIDERED THE RESPONDENT'S ARGUMENTS, ESSENTIALLY
BASED ON THE RESPONDENT'S READING OF THE LEGISLATIVE HISTORY, THAT
ESTABLISHED PRECEDENT (NOTE 1, SUPRA) BE REVERSED. HOWEVER, NO BASIS
HAS BEEN ADVANCED TO DEMONSTRATE THAT THE ESTABLISHED PRECEDENT IS
INCORRECT, NOR HAS THE RESPONDENT RAISED ARGUMENTS NOT PREVIOUSLY
CONSIDERED. THUS, THE AUTHORITY CONCLUDED IN ITS DECISION IN
INTERPRETATION AND GUIDANCE AND SUBSEQUENT CASES BASED UPON AN ANALYSIS
OF THE STATUTE AND THE LEGISLATIVE HISTORY OF SECTION 7131 THAT ANY
EMPLOYEE WHO IS ON OFFICIAL TIME UNDER SECTION 7131 WHILE REPRESENTING
AN EXCLUSIVE REPRESENTATIVE IN THE NEGOTIATION OF A COLLECTIVE
BARGAINING AGREEMENT IS ENTITLED TO PAYMENT FROM AGENCIES FOR TRAVEL AND
PER DIEM EXPENSES. THEREFORE, THE AUTHORITY FINDS THAT RESPONDENT
VIOLATED SECTION 7116(A)(1) AND (8) WHEN IT DECLINED TO PAY TRAVEL AND
PER DIEM EXPENSES TO ANY EMPLOYEE ON OFFICIAL TIME UNDER SECTION 7131(A)
OF THE STATUTE WHILE REPRESENTING THE UNION IN THE RENEGOTIATION OF THE
PARTIES' NATIONWIDE NEGOTIATED AGREEMENT. /3/

ORDER

PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7118 OF THE STATUTE, THE
AUTHORITY HEREBY ORDERS THAT THE BUREAU OF THE MINT, DEPARTMENT OF THE
TREASURY, SHALL:

1. CEASE AND DESIST FROM:

(A) FAILING OR REFUSING TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED
TRAVEL AND PER DIEM EXPENSES INCURRED BY ITS EMPLOYEES AS A RESULT OF
THEIR PARTICIPATION ON OFFICIAL TIME UNDER SECTION 7131(A) OF THE
STATUTE AS DULY DESIGNATED REPRESENTATIVES OF THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE,
IN SCHEDULED CONTRACT NEGOTIATIONS.

(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) PROVIDE PAYMENT TO ANY OF ITS EMPLOYEES WHO SUBMIT A PROPERLY
DOCUMENTED VOUCHER FOR TRAVEL AND PER DIEM EXPENSES INCURRED AS THE
RESULT OF PARTICIPATION ON OFFICIAL TIME UNDER SECTION 7131(A) OF THE
STATUTE AS THE DULY DESIGNATED REPRESENTATIVES OF THE AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, IN CONTRACT NEGOTIATIONS.

(B) POST AT ITS FACILITIES NATIONWIDE COPIES OF THE ATTACHED NOTICE
ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS AUTHORITY. UPON
RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY THE DIRECTOR OF THE
BUREAU OF THE MINT 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 DIRECTOR SHALL TAKE REASONABLE STEPS TO INSURE
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 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., DECEMBER 29, 1981

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 PAYMENT OF PROPERLY DOCUMENTED
TRAVEL AND PER DIEM EXPENSES INCURRED BY OUR EMPLOYEES AS A RESULT OF
THEIR PARTICIPATION ON OFFICIAL TIME UNDER SECTION 7131(A) OF THE
STATUTE AS DULY DESIGNATED REPRESENTATIVES OF THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, OUR EMPLOYEES' EXCLUSIVE REPRESENTATIVE,
IN SCHEDULED CONTRACT NEGOTIATIONS.

WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS AS ASSURED BY
THE STATUTE.

WE WILL PROVIDE PAYMENT TO ANY OF OUR EMPLOYEES WHO SUBMIT A PROPERLY
DOCUMENTED VOUCHER FOR TRAVEL AND PER DIEM EXPENSES INCURRED AS A RESULT
OF PARTICIPATION ON OFFICIAL TIME UNDER SECTION 7131(A) OF THE STATUTE
AS THE DULY DESIGNATED REPRESENTATIVES OF THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, OUR EMPLOYEES' EXCLUSIVE REPRESENTATIVE,
IN SCHEDULED CONTRACT NEGOTIATIONS.

(AGENCY OR ACTIVITY)

DATED:

BY:

(SIGNATURE) (TITLE)

THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE
OF THIS 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, FEDERAL LABOR RELATIONS AUTHORITY, REGION 222, WHOSE ADDRESS
IS 1111 18TH STREET, N.W., WASHINGTON, D.C., 20036 AND WHOSE TELEPHONE
NUMBER IS (202) 653-8452.

--------------- FOOTNOTES: ---------------

/1/ INTERPRETATION AND GUIDANCE, 2 FLRA 264(1979). SUBSEQUENTLY, THE
AUTHORITY ISSUED BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN
REGION, DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA
NO. 40(1980), APPEAL DOCKETED, NO. 80-7673 (9TH CIR. NOV. 28, 1980) AND
U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND EDUCATION ADMINISTRATION,
AGRICULTURAL RESEARCH, NORTH CENTRAL REGION, DAKOTAS-ALASKA AREA, 6 FLRA
NO. 45(1981), APPEAL DOCKETED, NO. 81-1948 (8TH CIR. SEPT. 4, 1981).
SEE ALSO, FLORIDA NATIONAL GUARD, 5 FLRA NO. 49(1981), APPEAL DOCKETED,
NO. 81-5466 (5TH CIR. MAY 18, 1981).

/2/ THE RESPONDENT ALSO ARGUES THAT INTERPRETATION AND GUIDANCE,
SUPRA, HAS NO FORCE AND EFFECT AS THE "ISSUANCE OF THE SUBJECT POLICY
STATEMENT WAS AN ABUSE OF DISCRETION BY THE AUTHORITY . . . ." WITHOUT
PASSING ON THE MERITS OF THIS ARGUMENT, THE AUTHORITY NOTES THAT THE
ISSUE HAS BEEN DECIDED IN SUBSEQUENT UNFAIR LABOR PRACTICE CASES (SEE
NOT 1, SUPRA), THUS RENDERING THE ARGUMENT MOOT.

/3/ BASED ON THE ABOVE OUTCOME, WHICH FULLY REMEDIES THE VIOLATION
FOUND HEREIN, THE AUTHORITY FINDS IT UNNECESSARY TO DECIDE WHETHER SUCH
CONDUCT ALSO VIOLATED SECTION 7116(A)(5).