National Treasury Employees Union, Washington, D.C. (Respondent) and Bureau of Alcohol, Tobacco and Firearms, Washington, D.C. (Complainant) (Authority decision, December 31, 1979)

Final FLRA decision under Executive Order 11491. The Authority adopted the judge's unfair labor practice finding against the union and ordered a notice posted. The decision says this transferred case was decided solely under the Executive Order, without determining how the later statute would apply.

Plain-English summary

The Bureau of Alcohol, Tobacco and Firearms complained that NTEU Chapter 88 pressured a nonmember to join the union as a condition of nomination for an equal employment opportunity counselor position. The judge found that the chapter president told her membership would affect whether he nominated her, then withheld the nomination because she did not join. The Authority adopted the finding that this coerced an employee in the exercise of her rights. It ordered NTEU and the chapter to stop conditioning nominations on membership and post a notice.

Decision snapshot

• Authority: 5 U.S.C. § 7135(b); Executive Order 11491, § 19(b)(1).
• Outcome: Judge's union coercion finding affirmed; cease and desist and notice ordered.
• Key point: The union could not make membership a condition of its EEO counselor nomination.

Full text (FLRA public release)

[ v02 p377 ]

02:0377(51)CO

The decision of the Authority follows:

2 FLRA No. 51

NATIONAL TREASURY EMPLOYEES UNION,
WASHINGTON, D.C.
Respondent

and

BUREAU OF ALCOHOL, TOBACCO AND
FIREARMS, WASHINGTON, D.C.
Complainant

Assistant Secretary
Case No. 41-6047(CO)

DECISION AND ORDER

ON JULY 10, 1979, ADMINISTRATIVE LAW JUDGE EDWIN S. BERNSTEIN ISSUED
HIS RECOMMENDED DECISION AND ORDER IN THE ABOVE-ENTITLED PROCEEDING,
FINDING THAT THE RESPONDENT HAD VIOLATED SECTION 19(B)(1) OF EXECUTIVE
ORDER 11491, AS AMENDED, AND RECOMMENDING THAT IT CEASE AND DESIST
THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTIONS AS SET FORTH IN THE
ATTACHED ADMINISTRATIVE LAW JUDGE'S RECOMMENDED DECISION AND ORDER. NO
EXCEPTIONS WERE FILED TO THE ADMINISTRATIVE LAW JUDGE'S RECOMMENDED
DECISION AND ORDER.

THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE
TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN
NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS
IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS
(44 F.R. 44741, JULY 30, 1979). THE AUTHORITY CONTINUES TO BE
RESPONSIBLE FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN
SECTION 7135(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (92 STAT. 1215).

THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S RULES AND
REGULATIONS AND SECTION 7135(B) OF THE STATUTE, THE AUTHORITY HAS
REVIEWED THE RULINGS OF THE ADMINISTRATIVE LAW JUDGE MADE AT THE HEARING
AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS ARE
HEREBY AFFIRMED. UPON CONSIDERATION OF THE ADMINISTRATIVE LAW JUDGE'S
RECOMMENDED DECISION AND ORDER AND THE ENTIRE RECORD IN THIS CASE, AND
NOTING PARTICULARLY THAT NO EXCEPTIONS WERE FILED, THE AUTHORITY HEREBY
ADOPTS THE ADMINISTRATIVE LAW JUDGE'S FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS. /1/

ORDER

PURSUANT TO SECTION 2400.2 OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS
THAT THE NATIONAL TREASURY EMPLOYEES UNION AND NTEU CHAPTER 88 SHALL:

1. CEASE AND DESIST FROM:

(A) COERCING NON-UNION MEMBERS TO JOIN NATIONAL TREASURY EMPLOYEES
UNION AS A CONDITION FOR BEING NOMINATED AS AN EQUAL EMPLOYEE
OPPORTUNITY COUNSELOR BY THE UNION.

(B) IN ANY LIKE MANNER, INTERFERING WITH, RESTRAINING OR COERCING
EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE
ORDER.

2. TAKE THE FOLLOWING AFFIRMATIVE ACTION TO EFFECTUATE THE PURPOSES
   AND POLICIES OF THE EXECUTIVE ORDER:

(A) POST AT THE OFFICES OF NATIONAL TREASURY EMPLOYEES UNION CHAPTER
88, AND AT ALL PLACES WHERE NOTICES TO MEMBERS AND OTHER EMPLOYEES ARE
CUSTOMARILY POSTED, INCLUDING FACILITIES PROVIDED BY THE ACTIVITY AT THE
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS OFFICES IN THE CENTRAL REGION,
COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED
BY THE AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY
THE PRESIDENT OF NTEU AND PRESIDENT OF NTEU CHAPTER 88 AND SHALL BE
POSTED AND MAINTAINED BY THE PRESIDENT OF NTEU CHAPTER 88 IN CONSPICUOUS
PLACES, INCLUDING BULLETIN BOARDS AND ALL OTHER PLACES WHERE NOTICES TO
UNION MEMBERS ARE CUSTOMARILY POSTED. THE PRESIDENT OF UNION CHAPTER 88
SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED,
DEFACED OR COVERED BY ANY OTHER MATERIAL.

(B) NOTIFY THE 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 31, 1979

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

APPENDIX NOTICE TO ALL MEMBERS AND 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

MEMBERS AND OTHER EMPLOYEES OF THE BUREAU OF ALCOHOL,

TOBACCO AND FIREARMS, CENTRAL REGION, THAT:

WE WILL NOT COERCE NON-UNION MEMBERS TO JOIN THE NATIONAL TREASURY
EMPLOYEES UNION AS A CONDITION FOR BEING NOMINATED AS AN EQUAL
EMPLOYMENT OPPORTUNITY COUNSELOR BY THE UNION.

WE WILL NOT IN ANY LIKE MANNER, INTERFERE WITH, RESTRAIN, OR COERCE
EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE
ORDER.

PRESIDENT, NATIONAL TREASURY

EMPLOYEES UNION

PRESIDENT, NATIONAL TREASURY

EMPLOYEES UNION, CHAPTER 88

DATED:

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 ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE
REGIONAL DIRECTOR FOR THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE
ADDRESS IS: ROOM 1638, DIRKSEN FEDERAL BUILDING, 219 SOUTH DEARBORN
STREET, CHICAGO, ILLINOIS 60604; AND WHOSE TELEPHONE NUMBER IS: (312)
353-6746.

CARL R. NOLTE, ESQ.

MICHAEL SITCOV, ESQ.

OFFICE OF CHIEF COUNSEL

THERESE FALLER, LABOR RELATIONS SPECIALIST

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

UNITED STATES TREASURY DEPARTMENT

WASHINGTON, D.C. 20226

FOR THE COMPLAINANT

GERI PALAST, ESQ.

ASSISTANT COUNSEL

NATIONAL TREASURY EMPLOYEES UNION

1730 K STREET, NW.

WASHINGTON, D.C. 20006

FOR THE RESPONDENT

BEFORE: EDWIN S. BERNSTEIN

ADMINISTRATIVE LAW JUDGE

RECOMMENDED DECISION AND ORDER

ON JUNE 29, 1978, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (BATF)
FILED A COMPLAINT AGAINST THE NATIONAL TREASURY EMPLOYEES UNION (NTEU).
THE COMPLAINT ALLEGED THAT THE UNION VIOLATED SUBSECTION 19(B)(1) OF THE
EXECUTIVE ORDER 11491, AS AMENDED (THE EXECUTIVE ORDER) IN THAT MR.
MARTIN J. CONNELL, THE PRESIDENT OF NTEU'S CHAPTER 88, ATTEMPTED TO
COERCE MS. CAROL A. JORDAN, A NON-UNION MEMBER, TO JOIN THE UNION AS A
CONDITION FOR BEING NOMINATED AS AN EQUAL EMPLOYMENT OPPORTUNITY (EEO)
COUNSELOR BY THE UNION.

PURSUANT TO A NOTICE OF HEARING DATED SEPTEMBER 5, 1978, A HEARING
WAS HELD BEFORE ME IN DETROIT, MICHIGAN ON NOVEMBER 14, 1978. BOTH
PARTIES WERE REPRESENTED BY COUNSEL, EXAMINED AND CROSS-EXAMINED
WITNESSES, PRESENTED EVIDENCE, AND FILED POST-HEARING BRIEFS. UPON THE
ENTIRE RECORD, I MAKE THE FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW
AND RECOMMENDED ORDER.

FINDINGS OF FACT

NTEU AND NTEU CHAPTER 88 ARE THE EXCLUSIVE REPRESENTATIVES OF THE
BARGAINING UNIT EMPLOYEES OF BATF, CENTRAL REGION. ARTICLE 15(2) OF THE
PARTIES' COLLECTIVE BARGAINING AGREEMENT READS:

"WHEN THE EMPLOYER FINDS IT NECESSARY TO APPOINT ADDITIONAL EEO
COUNSELORS FOR BARGAINING

UNIT EMPLOYEES, OR TO REPLACE SUCH EXISTING COUNSELORS, THE EMPLOYER
WILL SELECT THE PERSON TO

FILL THE VACANT COUNSELOR POSITION FROM A LIST OF AT LEAST FIVE (5)
QUALIFIED NOMINEES

SUBMITTED BY THE UNION."

THE EEO COUNSEL POSITION INVOLVED IN THIS COMPLAINT IS IN DETROIT.
BY LETTER DATED JANUARY 4, 1978, MR. L. E. DALLAS, REGIONAL
ADMINISTRATIVE OFFICER, BATF CENTRAL REGION REQUESTED MR. MARTIN J.
CONNELL, PRESIDENT TO NTEU CHAPTER NO. 88 TO NOMINATE EMPLOYEES FOR EEO
COUNSELOR POSITIONS IN CLEVELAND AND CINCINNATI. ON JANUARY 5, MR.
DALLAS AGAIN WROTE MR. CONNELL, THIS TIME REQUESTING THE UNION TO
APPOINT TWO REPRESENTATIVES TO THE EEO AFFIRMATIVE ACTION ADVISORY
COMMITTEE. IN SUBSEQUENT TELEPHONE CONVERSATIONS, MR. DALLAS TOLD MR.
CONNELL THAT IF HE COULD NOT FIND 5 NOMINEES HE COULD SUBMIT LESS NAMES.
BY LETTER OF FEBRUARY 3, 1978, MR. CONNELL SUBMITTED FOUR NAMES FOR
THE CINCINNATI POSITION AND ONE FOR THE ADVISORY COMMITTEE POSITION.

BY LETTER OF FEBRUARY 13, 1978, MR. DALLAS INFORMED MR. CONNELL THAT
THE DETROIT EEO COUNSELOR WISHED TO BE REPLACED, REQUESTED THE UNION TO
SUBMIT NAMES OF NOMINEES, AND SUGGESTED THAT THE UNION CONSIDER MS.
CAROL JORDAN WHO WAS INTERESTED IN THE POSITION.

THE COMPLAINT IS BASED ON A FIVE MINUTE TELEPHONE CONVERSATION
BETWEEN MR. CONNELL AND MR. JORDAN ON MARCH 3, 1978. THE PARTICIPANTS
OFFERED SUBSTANTIALLY SIMILAR ACCOUNTS. ON MARCH 1, MR. CONNELL CALLED
MS. JORDAN'S OFFICE AND ASKED HER TO RETURN HIS CALL WHICH SHE DID ON
MARCH 3.

MS. JORDAN TESTIFIED THAT MR. CONNELL INFORMED HER THAT HE WAS THE
UNION REPRESENTATIVE, THAT HER NAME WAS GIVEN TO HIM FOR CONSIDERATION
FOR THE POSITION OF UNION COUNSELOR, AND THAT HE HAD CHECKED WITH FELLOW
EMPLOYEES ABOUT HER AND LEARNED THAT SHE WAS NOT A UNION MEMBER. MR.
CONNELL STATED THAT IT WOULD PUT HIM IN A BAD POSITION TO NOMINATE A
NON-UNION MEMBER IF THERE WERE UNION MEMBERS AVAILABLE AND SUGGESTED
THAT SHE JOIN THE UNION. WHEN SHE STATED THAT SHE DID NOT REALIZE THAT
UNION MEMBERSHIP WAS A REQUIREMENT, HE SAID THAT IT WAS NOT BUT REPEATED
THAT IT WOULD PUT HIM IN A BAD POSITION IF HE NOMINATED A NON-UNION
MEMBER.

MS. JORDAN FURTHER STATED THAT WHEN SHE ASKED HIM IF HIS CONVERSATION
MEANT THAT HE WOULD NOT NOMINATE HER UNLESS SHE JOINED THE UNION, HE
REPLIED, "NO, I DON'T MEAN I WON'T PUT YOUR NAME IN, BUT YOU CAN
UNDERSTAND MY POSITION, AND ALL YOU HAVE TO DO IS FILL OUT THE FORM FOR
MEMBERSHIP."

MR. CONNELL TESTIFIED THAT HE "RECOGNIZED THAT SHE MIGHT HAVE SOME
SPECIAL QUALIFICATIONS FOR THE JOB, BUT I HAVE NOTED THAT YOU ARE NOT A
UNION MEMBER, AND I SAID WHILE IN ESSENCE THAT DOESN'T PRECLUDE MY
NOMINATING YOU, IT WOULD CERTAINLY MAKE IT EASIER FOR ME TO NOMINATE YOU
IF YOUR WERE A UNION MEMBER."

THE UNION COULD NOT FIND ANY OTHER NOMINEES FOR THE DETROIT POSITION
AND MR. CONNELL NOMINATED NO ONE FOR THAT POSITION. BY LETTER DATED MAY
19, 1978, BATF WROTE MR. CONNELL THAT SINCE BATF HAD NOT RECEIVED THE
REQUIRED NOMINEES WITHIN 90 DAYS OF ITS REQUEST, MS. JORDAN HAD BEEN
SELECTED FOR DETROIT. THE LETTER ALSO DESIGNATED SELECTIONS FOR THE
CLEVELAND AND CINCINNATI POSITION.

AT THE HEARING, MR. CONNELL FURTHER TESTIFIED:

Q. DID YOU INTEND TO COERCE HER INTO JOINING THE UNION?

A. I THING THAT'S FAR TOO STRONG A WORD. I WOULD HAVE LIKED FOR HER
TO JOIN THE UNION,

AND I FELT IT WOULD BE A LOT EASIER FOR ME TO NOMINATE HER.

MR. CONNELL ADMITTED THAT IN HIS CONVERSATION WITH MS. JORDAN HE DID
NOT ASK HER ABOUT HER PRIOR EXPERIENCE AS AN EEO COUNSELOR AND THAT HE
MADE NO OTHER INQUIRIES ABOUT THIS. HE STATED THAT WITH RESPECT TO HIS
PRIOR NOMINATIONS FOR EEO COUNSELOR, "I DON'T THINK I'VE EVER NOMINATED
A NON-UNION MEMBER". LATER IN HIS TESTIMONY HE STATED, "I WAS HOPEFUL
THAT THE RESULT OF MY TELEPHONE CALL WOULD BE THAT SHE WOULD JOIN THE
UNION BUT I SURE WAS NOT IN A POSITION - AND DIDN'T PUT ANY SIGNIFICANT
PRESSURE ON."

HE FURTHER TESTIFIED IN ANSWER TO MY QUESTIONS.

"A. . . . I WAS NOT AT ALL HAPPY WITH THE SITUATION WHERE WE SIMPLY
HAD NO NOMINEES FROM

DETROIT OTHER THAN CAROL JORDAN, AND I WAS HOPEFUL THAT IN MY
PROCRASTINATION ANOTHER NOMINEE

WOULD COME UP, BUT I WAS NOT OPTIMISTIC AND I RESIGNED MYSELF TO THE
FACT THAT IF WE WERE TO

MAKE A NOMINEE IT WOULD BE CAROL JORDAN.

Q. SO YOU HESITATED TO NOMINATE HER?

A. I WAS HESITANT.

Q. DELAYING AS LONG AS YOU COULD?

A. RIGHT, AND I PLANNED TO WAIT EVEN LONGER AND FELT THAT I HAD NO
RUSH AND IN ALL HONESTY

I WAS HOPEFUL THAT SHE WOULD JOIN THE UNION SOMEPLACE ALONG THE
LINE."

CONCLUSIONS OF LAW

SUBSECTION 19(B)(1) OF THE EXECUTIVE ORDER STATES:

"A LABOR ORGANIZATION SHALL NOT INTERFERE WITH, RESTRAIN, OR COERCE
AN EMPLOYEE IN THE

EXERCISE OF HIS RIGHTS ASSURED BY THIS ORDER."

SUBSECTION 1(A) READS:

"EACH EMPLOYEE OF THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT HAS
THE RIGHT, FREELY AND

WITHOUT FEAR OF PENALTY OR REPRISAL, TO FORM, JOIN, AND ASSIST A
LABOR ORGANIZATION OR TO

REFRAIN FROM SUCH ACTIVITY; AND EACH EMPLOYEE SHALL BE PROTECTED IN
THE EXERCISE OF THIS

RIGHT."

I FIND THAT IN HIS TELEPHONE CONVERSATION WITH MR. JORDAN ON MARCH 3,
1978, MR. CONNELL ATTEMPTED TO COERCE MS. JORDAN INTO JOINING HIS UNION
IN VIOLATION OF SECTION 19(B)(1) OF THE EXECUTIVE ORDER. AS INDICATED
BY HIS TESTIMONY AND DEMEANOR AT THE HEARING, HIS PRIMARY INTEREST
DURING THE CONVERSATION WAS WHETHER OR NOT SHE WAS A UNION MEMBER. HE
CLEARLY COMMUNICATED TO HER THAT IF SHE JOINED THE UNION HE WOULD
NOMINATE HER AND IF SHE FAILED TO JOIN HE PROBABLY WOULD NOT. AS HE
INDICATED BY HIS TESTIMONY, MR. CONNELL DID NOT NOMINATE MS. JORDAN
SOLELY BECAUSE SHE FAILED TO JOIN THE UNION. SHE WAS QUITE CORRECT IN
FEELING PRESSURED. HE INTENDED TO PRESSURE HER AND HE DID PRESSURE HER.

I DO NOT AGREE WITH THE UNION THAT THE VIOLATION WAS RENDERED DE
MINIMUS OR CURED BY MANAGEMENT'S SUBSEQUENT APPOINTMENT OF MR. JORDAN
AFTER MR. CONNELL'S INACTION.

THE UNION ATTEMPTED TO JUSTIFY MR. CONNELL'S DISTRICT OF NON-UNION
EMPLOYEES BY CLAIMING THAT SUCH PERSONS MIGHT BE ANTI-UNION. WHILE
DETERMINING WHETHER AN APPLICANT IS ANTI-UNION IS VALID, AS INDICATED BY
FPM LETTER 713-29, II B5(2), IT IS IMPROPER TO REJECT A CANDIDATE SOLELY
BECAUSE SHE IS NOT A UNION MEMBER.

THE UNION ALSO ARGUED THAT BATF LACKED STANDING TO ASSERT THIS
COMPLAINT BASED ON COERCION OF AN INDIVIDUAL EMPLOYEE. I DISAGREE.
SECTION 1(A) OF THE EXECUTIVE ORDER READS IN PART:

"THE HEAD OF EACH AGENCY SHALL TAKE THE ACTION REQUIRED TO ASSURE
THAT EMPLOYEES IN THE

AGENCY ARE APPRISED OF THEIR RIGHTS UNDER THIS SECTION, AND THAT NO
INTERFERENCE, RESTRAINT,

COERCION, OR DISCRIMINATION IS PRACTICED WITHIN HIS AGENCY TO
ENCOURAGE OR DISCOURAGE

MEMBERSHIP IN A LABOR UNION."

IN FURTHERANCE OF THIS POLICY, 29 CFR 203.1 READS:

"SEC. 203.1 WHO MAY FILE COMPLAINTS. A COMPLAINT THAT AN ACTIVITY OR
LABOR ORGANIZATION HAS

ENGAGED IN ANY ACT PROHIBITED UNDER SECTION 19 OF THE ORDER OR HAS
FAILED TO TAKE ANY ACTION

REQUIRED BY THE ORDER, MAY BE FILED BY AN EMPLOYEE, AN ACTIVITY,
AGENCY, OR A LABOR

ORGANIZATION."

RECOMMENDATION

HAVING FOUND THAT RESPONDENT HAS ENGAGED IN CONDUCT PROHIBITED BY
SECTION 19(B)(1) OF EXECUTIVE ORDER 11491, AS AMENDED, I RECOMMEND THAT
THE FEDERAL LABOR RELATIONS AUTHORITY (THE AUTHORITY) ADOPT THE
FOLLOWING ORDER DESIGNED TO EFFECTUATE THE PURPOSES AND POLICIES OF THE
EXECUTIVE ORDER.

RECOMMENDED ORDER

PURSUANT TO SECTION 6(B) OF EXECUTIVE ORDER 11491, AS AMENDED, 29
C.F.R. 203.26, AND SECTION 2400.2 OF THE TRANSITION RULES AND
REGULATIONS (5 C.F.R. 2400.1), THE AUTHORITY HEREBY ORDERS THAT NATIONAL
TREASURY EMPLOYEES UNION SHALL:

1. CEASE AND DESIST FROM

A. COERCING NON-UNION MEMBERS TO JOIN NATIONAL TREASURY EMPLOYEES
UNION AS A CONDITION FOR BEING NOMINATED AS AN EQUAL EMPLOYEES
OPPORTUNITY COUNSELOR BY THE UNION.

B. IN ANY LIKE MANNER, INTERFERING WITH, RESTRAINING OR COERCING
EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE
ORDER.

2. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS TO EFFECTUATE THE PURPOSES
   AND POLICIES OF THE EXECUTIVE ORDER.

A. POST AT NATIONAL TREASURY EMPLOYEES UNION CHAPTER 88'S OFFICE AND
AT BUREAU OF ALCOHOL, TOBACCO AND FIREARMS OFFICES IN THE CENTRAL REGION
COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX" ON FORMS TO BE FURNISHED
BY THE AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED BY
THE PRESIDENT OF NTEU AND PRESIDENT OF NTEU CHAPTER 88 AND SHALL BE
POSTED AND MAINTAINED BY THE PRESIDENT OF UNION CHAPTER 88 IN
CONSPICUOUS PLACES, INCLUDING BULLETIN BOARDS AND OTHER PLACES WHERE
NOTICES TO UNION MEMBERS ARE CUSTOMARILY POSTED. THE PRESIDENT OF UNION
CHAPTER 88 SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE
NOT ALTERED, DEFACED OR COVERED BY OTHER MATERIAL.

B. PURSUANT TO SECTION 203.27 OF THE REGULATIONS NOTIFY THE AUTHORITY
IN WRITING WITHIN 30 DAYS FROM THE DATE OF THE ORDER AS TO WHAT STEPS
HAVE BEEN TAKEN TO COMPLY WITH THE ORDER.

EDWIN S. BERNSTEIN

ADMINISTRATIVE LAW JUDGE

DATED: 10 JUL 1979

WASHINGTON, D.C.

APPENDIX

NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF

THE FEDERAL LABOR RELATIONS AUTHORITY AND IN ORDER TO

EFFECTUATE THE POLICIES OF EXECUTIVE ORDER 11491, AS

AMENDED WE HEREBY NOTIFY OUR MEMBERS AND OTHER EMPLOYEES

OF THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, CENTRAL

REGION THAT:

WE WILL NOT COERCE NON-UNION MEMBERS TO JOIN NATIONAL TREASURY
EMPLOYEES UNION AS A CONDITION FOR BEING NOMINATED AS AN EQUAL
EMPLOYMENT OPPORTUNITY COUNSELOR BY THE UNION.

WE WILL NOT IN ANY LIKE MANNER, INTERFERE WITH, RESTRAIN, OR COERCE
EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY THE EXECUTIVE
ORDER.

PRESIDENT, NATIONAL TREASURY

EMPLOYEES UNION

PRESIDENT, NATIONAL TREASURY

EMPLOYEES UNION, CHAPTER 88

DATED:

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 QUESTION CONCERNING THIS NOTICE OR
COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY
WITH THE REGIONAL DIRECTOR, CHICAGO REGIONAL OFFICE, FEDERAL LABOR
RELATIONS AUTHORITY, WHOSE ADDRESS IS SUITE 1201A. INSURANCE EXCHANGE
BUILDING, 175 WEST JACKSON BOULEVARD, CHICAGO, ILLINOIS 60604.

/1/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
OF 1978(92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS
OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE(92 STAT. 1191) HAD NOT BEEN ENACTED.
THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE
MEANING OR APPLICATION OF RELATED PROVISIONS IN THE NEW STATUTE OR THE
RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN
UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER.