09:0188(29)CA - Treasury, Bureau of Alcohol, Tobacco and Firearms and its Midwest Region and NTEU -- 1982 FLRAdec CA (Authority decision, June 23, 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 Alcohol, Tobacco and Firearms denied a union negotiator official time and travel reimbursement for talks over the closing of four Midwest posts of duty. On a transferred record, the Authority found an unfair labor practice. It ordered appropriate official time, expenses, and notice posting.

Decision snapshot

• Authority: 5 U.S.C. § 7131(a).
• Outcome: Violation found; official time and expense payment ordered.
• Key point: Designated negotiators were entitled to official time and appropriate travel expenses.

Full text (FLRA public release)

[ v09 p188 ]

09:0188(29)CA

The decision of the Authority follows:

9 FLRA No. 29

DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND
FIREARMS AND ITS MIDWEST REGION
Respondent

and

NATIONAL TREASURY EMPLOYEES UNION
Charging Party

Case No. 5-CA-845

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, THE AUTHORITY FINDS:

THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1)
AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
STATUTE) WHEN IT FAILED AND REFUSED TO COMPLY WITH SECTION 7113(A) OF
THE STATUTE. THUS, THE RESPONDENT REFUSED TO GRANT OFFICIAL TIME TO
STEVEN F. BRANDWEIN, THE DESIGNATED UNION REPRESENTATIVE, FOR
NEGOTIATIONS CONDUCTED ON JULY 24, 1980, OVER THE IMPACT AND
IMPLEMENTING PROCEDURES OF THE RESPONDENT'S INTENDED CLOSING OF 4
POSTS-OF-DUTY LOCATED IN ITS MIDWEST REGION. MOREOVER, RESPONDENT
REFUSED TO PROCESS BRANDWEIN'S REQUEST FOR REIMBURSEMENT OF TRAVEL AND
PER DIEM EXPENSES FOR SAID NEGOTIATIONS. RESPONDENT TOOK THE POSITION
THAT ITS CONDUCT DID NOT VIOLATE THE STATUTE AS INTERPRETED IN
INTERPRETATION AND GUIDANCE, 2 FLRA 264(1979).

THE 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, NO. 80-7673(9TH CIR. MAR. 22,
1982). THUS, FOR THE REASONS MORE FULLY STATED IN BUREAU OF ALCOHOL,
TOBACCO AND FIREARMS, SUPRA, 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.

ORDER

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 ALCOHOL, TOBACCO AND
FIREARMS AND ITS MIDWEST REGION SHALL:

1. CEASE AND DESIST FROM:

(A) FAILING AND REFUSING TO PROVIDE OFFICIAL TIME AND PAYMENT OF
PROPERLY DOCUMENTED TRAVEL

AND PER DIEM EXPENSES TO STEVEN F. BRANDWEIN AS A RESULT OF HIS
PARTICIPATION PURSUANT TO

SECTION 7131(A) OF THE STATUTE AS THE DULY DESIGNATED REPRESENTATIVE
OF THE NATIONAL TREASURY

EMPLOYEES UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN
NEGOTIATIONS CONDUCTED JULY 24,

1980, OVER THE IMPACT AND IMPLEMENTING PROCEDURES OF A PLANNED CHANGE
IN CONDITIONS OF

EMPLOYMENT.

(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) PAY STEVEN F. BRANDWEIN, BASED UPON HIS PREVIOUSLY SUBMITTED
VOUCHER, FOR HIS TRAVEL

AND PER DIEM EXPENSES INCURRED AS A RESULT OF HIS PARTICIPATION,
PURSUANT TO SECTION 7131(A)

OF THE STATUTE, AS THE DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL
TREASURY EMPLOYEES UNION

IN NEGOTIATIONS CONDUCTED JULY 24, 1980, OVER THE IMPACT AND
IMPLEMENTING PROCEDURES OF A

PLANNED CHANGE IN CONDITIONS OF EMPLOYMENT AND MAKE HIM WHOLE FOR THE
ANNUAL LEAVE HE UTILIZED

ON THAT DATE.

(B) POST AT ITS FACILITIES IN THE MIDWEST REGION COPIES OF THE
ATTACHED NOTICE ON FORMS TO

BE FURNISHED BY THE AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY
SHALL BE SIGNED BY THE

REGIONAL REGULATORY ADMINISTRATOR 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 ADMINISTRATOR SHALL
TAKE REASONABLE STEPS 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 5, 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., JUNE 23, 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 OFFICIAL TIME AND PAYMENT OF
PROPERLY DOCUMENTED TRAVEL AND PER DIEM EXPENSES TO STEVEN F. BRANDWEIN
AS A RESULT OF HIS PARTICIPATION, PURSUANT TO SECTION 7131(A) OF THE
STATUTE, AS THE DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY
EMPLOYEES UNION, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, IN
NEGOTIATIONS CONDUCTED JULY 24, 1980, OVER THE IMPACT AND IMPLEMENTING
PROCEDURES OF THE PLANNED CHANGE IN CONDITIONS OF EMPLOYMENT.

WE WILL NOT IN ANY LIKE OR RELATED MANNER INTERFERE WITH, RESTRAIN,
OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS AS ASSURED BY
THE STATUTE.

WE WILL PAY STEVEN F. BRANDWEIN, BASED UPON HIS PREVIOUSLY SUBMITTED
VOUCHER, FOR HIS TRAVEL AND PER DIEM EXPENSES INCURRED AS A RESULT OF
HIS PARTICIPATION PURSUANT TO SECTION 7131(A) OF THE STATUTE, AS THE
DULY DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION
IN NEGOTIATIONS CONDUCTED JULY 24, 1980, OVER THE IMPACT AND
IMPLEMENTING PROCEDURES OF A PLANNED CHANGE IN CONDITIONS OF EMPLOYMENT
AND MAKE HIM WHOLE FOR THE ANNUAL LEAVE HE UTILIZED ON THAT DATE.

(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 5, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS
SUITE 1359-A, 175 W. JACKSON BLVD., CHICAGO, ILLINOIS 60604, AND WHOSE
TELEPHONE NUMBER IS (312) 353-0139.