United States Department of the Treasury, Customs Service, Region IX and National Treasury Employees Union (Authority decision, October 2, 1984)

Final FLRA decision. This is a supplemental final order of the Federal Labor Relations Authority in an unfair labor practice case after judicial remand. 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 Authority had found that Customs Service violated the labor statute by refusing to reimburse employees' travel and per diem expenses incurred during impact bargaining. After the Supreme Court held that statutory official time does not require those payments, a federal appeals court vacated the earlier order and returned the cases to the Authority. On remand, the Authority dismissed the remaining reimbursement allegations and vacated its prior remedy. All other allegations had already been dismissed, so it dismissed the consolidated complaint in full. The outcome is vacated because this supplemental decision removed the earlier violation finding and remedy.

Decision snapshot

• Authority: Official time under 5 U.S.C. § 7131(a); unfair labor practice claims under § 7116(a)(1) and (8).
• Outcome: Prior reimbursement order vacated; both complaints dismissed in full.
• Key point: Statutory official time for bargaining did not require the agency to pay travel and per diem expenses.

Full text (FLRA public release)

[ v16 p139 ]

16:0139(26)CA

The decision of the Authority follows:

16 FLRA No. 26

U.S. DEPARTMENT OF THE TREASURY
U.S. CUSTOMS SERVICE, REGION IX
CHICAGO, ILLINOIS
Respondent

and

NATIONAL TREASURY EMPLOYEES UNION
Charging Party

Case Nos. 5-CA-1033
5-CA-1183
9 FLRA 779

SUPPLEMENTAL DECISION AND ORDER

On August 4, 1982, the Authority issued a Decision and Order in the above-entitled proceeding in which it dismissed the complaint in Case No. 5-CA-1183 and those allegations of Case No. 5-CA-1033 related to supplemental bargaining and patent breach. However, with respect to those allegations of the complaint in Case No. 5-CA-1033 related solely to impact bargaining, the Authority found that the Respondent failed and 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 when it refused to reimburse certain of its employees for their travel and per diem expenses incurred in such impact bargaining. Thereafter, both the Respondent and the Charging Party petitioned the United States Court of Appeals for the Sixth Circuit for review of the Authority's Decision and the Court consolidated the proceedings.

Upon issuance of the United States Supreme Court's decision in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439 (1983) in which the Supreme Court concluded that the obligation of an agency under section 7131(a) of the Statute to provide official time to 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, the Respondent filed a motion for summary reversal of the Authority's Decision. The Charging Party, in response to that motion, agreed with the Respondent that the Authority's Decision is fully controlled by the Supreme Court's decision in Bureau of Alcohol, Tobacco and Firearms v. FLRA. Upon review, the United States Court of Appeals for the Sixth Circuit ordered that the order under review be vacated and the cases remanded to the Federal Labor Relations Authority for further consideration in light of the United States Supreme Court's decision. Pursuant to the Order of the United States Court of Appeals for the Sixth Circuit, the Authority has given further consideration to these cases in light of the Supreme Court's decision in Bureau of Alcohol, Tobacco and Firearms v. FLRA. Pursuant to that decision, the Authority dismisses those allegations of the complaint in Case No. 5-CA-1033 not already dismissed pertaining to the Respondent's failure and refusal to reimburse its employees for their travel and per diem expenses and hereby vacates its prior order in this regard. Accordingly, the Authority shall issue the following order dismissing the consolidated complaint in its entirety.

ORDER

IT IS ORDERED that the consolidated complaint in Case Nos. 5-CA-1033 and 5-CA-1183 be, and it hereby is, dismissed.

Issued, Washington, D.C., October 2, 1984

Henry B. Frazier III, Acting
Chairman
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY