Bureau of Alcohol, Tobacco and Firearms and NTEU Chapter 130 (Authority decision, September 24, 1982)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving an unfair labor practice complaint under 5 U.S.C. § 7116. 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

ATF required designated NTEU negotiator Michael Breen to use annual leave for midterm bargaining on August 21, 1980. On a stipulated record, the Authority found that the denial of official time violated the statute. It ordered ATF to restore the leave and post a notice.

Decision snapshot

• Authority: 5 U.S.C. § 7116(a)(1).
• Outcome: Unfair labor practice found; annual leave restored and notice ordered.
• Key point: A designated midterm negotiator was entitled to official time.

Full text (FLRA public release)

[ v10 p147 ]

10:0147(29)CA

The decision of the Authority follows:

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.