Bureau of the Public Debt and NTEU Chapters 190 and 199 (Authority decision, July 21, 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

The Bureau of the Public Debt refused to pay travel expenses for employees serving on an NTEU contract-negotiating team. The union changed its team to avoid expenses. On a stipulated record, the Authority found the refusal violated the statutory official-time entitlement and ordered the bureau to provide proper expenses and post a notice. There was no judge’s decision under review.

Decision snapshot

• Authority: 5 U.S.C. § 7131(a).
• Outcome: Unfair labor practice found; travel obligation and notice ordered.
• Key point: Official-time contract negotiators were entitled to proper travel expenses.

Full text (FLRA public release)

[ v09 p514 ]

09:0514(59)CA

The decision of the Authority follows:

9 FLRA No. 59

DEPARTMENT OF THE TREASURY
BUREAU OF THE PUBLIC DEBT
Respondent

and

NATIONAL TREASURY EMPLOYEES UNION
AND CHAPTERS 190 AND 199
Charging Party

Case No. 3-CA-1837

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'S DENIAL OF THE UNION'S
REQUEST FOR TRAVEL EXPENSES FOR EMPLOYEES ON ITS NEGOTIATING TEAM
VIOLATED SECTION 7116(A)(1), (5) AND (8) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AS IT INVOLVED A
FAILURE TO COMPLY WITH SECTION 7131(A) OF THE STATUTE AND A FAILURE TO
NEGOTIATE IN GOOD FAITH. AS A RESULT OF THE RESPONDENT'S REFUSAL TO PAY
TRAVEL EXPENSES, THE UNION ALTERED ITS NEGOTIATING TEAM SO AS TO INCUR
NO TRAVEL EXPENSES.

THE DISPOSITIVE 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). THUS, FOR THE REASONS MORE FULLY STATED 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. /1/

ORDER /2/

PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
AUTHORITY AND SECTION 7118 OF THE STATUTE, THE AUTHORITY HEREBY ORDERS
THAT THE DEPARTMENT OF THE TREASURY, BUREAU OF THE PUBLIC DEBT, SHALL:

1. CEASE AND DESIST FROM:

(A) FAILING AND REFUSING TO PROVIDE TRAVEL EXPENSES TO THEIR
EMPLOYEES INCURRED AS A RESULT OF THEIR PARTICIPATION ON OFFICIAL TIME,
PURSUANT TO SECTION 7131(A) OF THE STATUTE, AS DULY DESIGNED
REPRESENTATIVES OF THE NATIONAL TREASURY EMPLOYEES UNION AND CHAPTERS
190 AND 199, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING THE
NEGOTIATION OF A COLLECTIVE BARGAINING AGREEMENT.

(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) POST AT ITS 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 OF THE PUBLIC DEBT 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 COMMISSIONER SHALL TAKE
REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED,
OR COVERED BY ANY OTHER MATERIAL.

(B) 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., 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 TRAVEL EXPENSES TO OUR EMPLOYEES
INCURRED AS A RESULT OF THEIR PARTICIPATION ON OFFICIAL TIME, PURSUANT
TO SECTION 7131(A) OF THE STATUTE, AS DULY DESIGNATED REPRESENTATIVES OF
THE NATIONAL TREASURY EMPLOYEES UNION AND CHAPTERS 190 AND 199, OUR
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING THE NEGOTIATION 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.

(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.