Bureau of the Public Debt and National Treasury Employees Union (Authority decision, November 19, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority in an unfair labor practice case. 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

Two NTEU representatives traveled to mediation and arbitration sessions ordered by the Federal Service Impasses Panel. The Bureau of the Public Debt denied their requests for official travel time and reimbursement of travel and per diem expenses. On a stipulated record, the Authority held that denial of official time for the travel violated the Statute and ordered restoration of any lost leave or benefits. It rejected the expense claim because the statutory official time obligation did not include travel and per diem payments.

Decision snapshot

• Authority: 5 U.S.C. §§ 7116(a)(1), (8), 7118, and 7131(a).
• Outcome: Official time violation found with make whole relief; expense reimbursement allegation dismissed.
• Key point: Official time for panel-related travel and reimbursement of travel expenses were distinct obligations.

Full text (FLRA public release)

[ v16 p557 ]

16:0557(78)CA

The decision of the Authority follows:

16 FLRA No. 78

BUREAU OF THE PUBLIC DEBT
Respondent

and

NATIONAL TREASURY EMPLOYEES UNION
Charging Party

Case No. 3-CA-30034

DECISION AND ORDER

This matter is before the Federal Labor Relations 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, /1/ the Authority finds:

The complaint alleges that the Respondent 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 based on its denial of the request of employees Edwin N. Bloomer and Wanda A. Wiseman, who served as designated Union representatives, for official time in connection with travel related to the mediation and arbitration of a dispute as ordered by the Federal Service Impasses Panel (the Panel). These proceedings were held in Washington, D.C. from June 29 through July 2, 1982. The employees had requested reimbursement for travel and per diem expenses, which they incurred during their participation in such proceedings.

With respect to the Respondent's denial of the employees' request for travel and per diem expenses related to their participation in the mediation and arbitration proceedings ordered by the Panel, subsequent to the parties' stipulation of facts herein the United States Supreme Court in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439 (1983) 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 that the Respondent did not refuse to comply with section 7131(a) of the Statute by its denial of the employees' request for reimbursement of their travel expenses and per diem allowances. It follows that the Respondent did not violate section 7116(a)(1) and (8) of the Statute in this regard.

However, with respect to the Respondent's denial of the employees' request for official time for travel related to the mediation and arbitration sessions ordered by the Panel, the Authority concludes that such denial constitutes a refusal to comply with section 7131(a) of the Statute, for the reasons set forth in United States Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio, 15 FLRA No. 27 (1984), petition for review filed, Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio v. FLRA, No. 84-3695 (6th Cir. Aug. 22, 1984). 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 Rules and Regulations of the Federal Labor Relations Authority and section 7118 of the Statute, the Authority hereby orders that the Bureau of the Public Debt shall:

1. Cease and desist from:

(a) Refusing the request of employees Edwin N. Bloomer and Wanda A. Wiseman, the designated representatives of the National Treasury Employees Union, its employees' exclusive representative, for official time pursuant to section 7131(a) of the Statute, for travel related to the mediation and arbitration proceedings conducted from June 29 through July 2, 1982.

(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 Federal Service Labor-Management Relations Statute:

(a) Grant official time to employees Edwin Bloomer and Wanda A. Wiseman, the designated representatives of the National Treasury Employees Union, its employees' exclusive representative, for their time spent in travel status related to the mediation and arbitration proceedings conducted from June 29 through July 2, 1982 and make them whole for any loss of annual leave, or other benefits, related to the refusal.

(b) Post at its facilities in Parkersburg, West Virginia copies of the attached Notice on forms to be furnished by the Authority. Upon receipt of such forms, they shall be signed by an authorized representative 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. 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-30034 be, and it hereby is, dismissed.

Issued, Washington, D.C., November 19, 1984

Henry B. Frazier III, Acting
Chairman
Ronald W. Haughton, 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 refuse the request of employees Edwin N. Bloomer and Wanda A. Wiseman, the designated representatives of the National Treasury Employees Union, the exclusive representative of our employees, for official time pursuant to section 7131(a) of the Statute, for travel related to the mediation and arbitration proceedings conducted from June 29 through July 2, 1982.

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 grant official time to employees Edwin N. Bloomer and Wanda A. Wiseman, the designated representatives of the National Treasury Employees Union, the exclusive representative of our employees, for their time spent in travel status related to the mediation and arbitration proceedings conducted from June 29 through July 2, 1982, and make them whole for any loss of annual leave, or other benefits, related to the refusal. (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.

--------------- FOOTNOTES$ ---------------

/1/ The untimely briefs of the Respondent and the Charging Party were not considered herein.