Department of the Treasury, Bureau of the Public Debt and National Treasury Employees Union and Chapter 190 (Authority decision, April 6, 1984)

Final FLRA decision. The Authority found one unfair labor practice and dismissed the remaining allegation. Under 5 U.S.C. § 7123(a), a person aggrieved by a final Authority order may generally seek judicial review within 60 days of issuance. A review petition does not itself stay the order.

Plain-English summary

The Bureau of the Public Debt denied a union representative official time for travel to contract negotiations and refused to pay his travel and per diem expenses. The Authority found that the denial of official time violated federal labor law. It ordered the Bureau to grant the time and restore any annual leave the employee had used. The Authority dismissed the expense claim because the agency's duty to grant official time did not require it to reimburse travel and per diem costs.

Decision snapshot

• Authority: Official time under 5 U.S.C. § 7131(a) and unfair labor practices under § 7116(a)(1) and (8).
• Outcome: Official time violation found and make whole relief ordered; travel and per diem allegation dismissed.
• Key point: Official time for negotiation travel does not itself require reimbursement of travel expenses.

Full text (FLRA public release)

[ v14 p197 ]

14:0197(41)CA

The decision of the Authority follows:

14 FLRA No. 41

DEPARTMENT OF THE TREASURY
BUREAU OF THE PUBLIC DEBT
Respondent

and

NATIONAL TREASURY EMPLOYEES UNION
AND CHAPTER 190
Charging Party

Case No. 3-CA-20416

DECISION AND ORDER

This matter is before the Authority pursuant to the Regional Director's "Order Transferring Case to the Federal Labor Relations 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 comply with section 7131(a) of the Federal Service Labor-Management Relations Statute (the Statute), based on its refusal to grant official time for travel and its refusal to reimburse for travel and per diem expenses, employee Edwin Bloomer, one of the designated representatives of the Union in contract negotiations conducted on December 2 and 3, 1981, in violation of section 7116(a)(1) and (8) of the Statute.

With respect to the Respondent's refusal to reimburse Bloomer for travel and per diem expenses, the facts and positions of the parties are substantially identical to those involved in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439(1983) wherein the United States Supreme Court concluded that the obligation of an agency under section 7131(a) of the Statute to provide official time to its employees representing an exclusive representative in the negotiation of a collective bargaining agreement does not encompass the payment of travel expenses and per diem allowances. Pursuant to that decision, and for the reasons set forth by the Court, the Authority concludes herein that the Respondent did not fail or refuse to comply with section 7131(a) of the Statute by its refusal to pay travel expenses and per diem allowances herein. It follows that the Respondent did not violate section 7116(a)(1) and (8) of the Statute in this regard.

With respect to the Respondent's refusal to grant Bloomer official time for travel related to the negotiations, the Authority concludes that such refusal constitutes, as alleged, a failure and refusal to comply with section 7131(a) of the Statute. Florida National Guard, 5 FLRA 365(1980), reversed as to other matters sub nom. Florida National Guard v. Federal Labor Relations Authority, 699 F.2d 1082 (11th Cir. 1983). Therefore, it follows that the Respondent's denial of official time 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 the Treasury, Bureau of Public Debt shall:

1. Cease and desist from:

(a) Failing and refusing to provide employee Edwin Bloomer official time for travel in connection with contract negotiations conducted on December 2 and 3, 1981, pursuant to section 7131(a) of the Federal Service Labor-Management Relations Statute, as the designated representative of the National Treasury Employees Union, the exclusive representative of its employees.

(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) Grant official time to employee Edwin Bloomer for time spent in a travel status in connection with said negotiations and make him whole for annual leave used.

(b) Post at its facilities in Parkersburg, West Virginia and Washington, D.C., copies of the attached Notice on forms to be furnished by the Authority. Upon receipt of such forms, they shall be signed by the Director of the Bureau of Public Debt, 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. Reasonable steps shall be taken 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.

IT IS FURTHER ORDERED that the remaining allegation of the complaint in Case No. 3-CA-20416 be, and it hereby is, dismissed.

Issued, Washington, D.C., April 6, 1984

Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, 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 employee Edwin Bloomer official time for travel in connection with contract negotiations conducted on December 2 and 3, 1981, pursuant to section 7131(a) of the Federal Service Labor-Management Relations Statute, as the designated representative of the National Treasury Employees Union, 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 Federal Service Labor-Management Relations Statute.

WE WILL grant official time to employee Edwin Bloomer for time spent in a travel status in connection with said negotiations and make him whole for annual leave used. (Activity)

Dated:
By:
(Signature) (Title)

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, Room 700, P.O. Box 33758, Washington, D.C. 20033-0758 and whose telephone number is: (202) 653-8456.