IRS Austin District and NTEU Chapter 52 (Authority decision, September 30, 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 IRS denied official time for travel and refused travel and per diem reimbursement for NTEU negotiator Francis Milner during midterm talks. On a stipulated record, the Authority held that the denial violated the statutory official-time entitlement. It ordered official time, expense reimbursement, and a posted notice.

Decision snapshot

• Authority: 5 U.S.C. § 7116(a)(1).
• Outcome: Unfair labor practice found; official time, reimbursement, and notice ordered.
• Key point: Designated negotiators could claim qualifying travel time and expenses.

Full text (FLRA public release)

[ v10 p194 ]

10:0194(38)CA

The decision of the Authority follows:

10 FLRA No. 38

UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE
AND UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE
AUSTIN DISTRICT
Respondents

and

NATIONAL TREASURY EMPLOYEES UNION
AND NATIONAL TREASURY EMPLOYEES UNION
CHAPTER 52
Charging Parties

Case No. 6-CA-1215

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 RESPONDENTS 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, BASED ON ITS DENIAL OF OFFICIAL TIME FOR TRAVEL AND
ITS DENIAL OF REIMBURSEMENT FOR TRAVEL AND PER DIEM EXPENSES TO EMPLOYEE
FRANCIS MILNER, THE DESIGNATED REPRESENTATIVE OF THE UNION IN MID-TERM
NEGOTIATIONS CONDUCTED ON FEBRUARY 23, 1981.

THE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY IDENTICAL TO
THOSE 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, 672 F.2D 732 (9TH CIR. 1982). /1/
THUS, FOR THE REASONS SET FORTH THEREIN, THE AUTHORITY FINDS THAT THE
RESPONDENT 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. /2/

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 UNITED STATES DEPARTMENT
OF THE TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT
OF THE TREASURY, INTERNAL REVENUE SERVICE, AUSTIN DISTRICT, SHALL:

1. CEASE AND DESIST FROM:

(A) FAILING AND REFUSING TO PROVIDE OFFICIAL TIME FOR TRAVEL AND TO
REIMBURSE EMPLOYEE FRANCIS MILNER FOR TRAVEL AND PER DIEM EXPENSES
INCURRED, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE, AS THE DESIGNATED REPRESENTATIVE OF
THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, THE EXCLUSIVE
REPRESENTATIVE OF ITS EMPLOYEES, IN MID-TERM NEGOTIATIONS CONDUCTED
FEBRUARY 23, 1981.

(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) REIMBURSE EMPLOYEE FRANCIS MILNER, BASED UPON THE PREVIOUSLY
SUBMITTED VOUCHER, FOR TRAVEL AND PER DIEM EXPENSES INCURRED, PURSUANT
TO SECTION 7131(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE, AS THE DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY
EMPLOYEES UNION, CHAPTER 52, THE EXCLUSIVE REPRESENTATIVE OF ITS
EMPLOYEES, IN MID-TERM NEGOTIATIONS CONDUCTED FEBRUARY 23, 1981.

(B) GRANT OFFICIAL TIME TO EMPLOYEE FRANCIS MILNER FOR TIME SPENT IN
A TRAVEL STATUS IN CONNECTION WITH SAID NEGOTIATIONS.

(C) POST AT ITS FACILITIES IN THE AUSTIN DISTRICT COPIES OF THE
ATTACHED NOTICE ON FORMS TO BE FURNISHED BY THE AUTHORITY. UPON RECEIPT
OF SUCH FORMS, THEY SHALL BE SIGNED BY THE DISTRICT DIRECTOR 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. THE DISTRICT DIRECTOR
SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED,
DEFACED, OR COVERED BY ANY OTHER MATERIAL.

(D) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
REGULATIONS, NOTIFY THE REGIONAL DIRECTOR, REGION VI, 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., SEPTEMBER 30, 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 FOR TRAVEL AND TO
REIMBURSE EMPLOYEE FRANCIS MILNER FOR TRAVEL AND PER DIEM EXPENSES
INCURRED, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE, AS THE DESIGNATED REPRESENTATIVE OF
THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 52, OUR EMPLOYEES'
EXCLUSIVE REPRESENTATIVE, IN MID-TERM NEGOTIATIONS CONDUCTED FEBRUARY
23, 1981.

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 REIMBURSE EMPLOYEE FRANCIS MILNER, BASED UPON THE PREVIOUSLY
SUBMITTED VOUCHER, FOR TRAVEL AND PER DIEM EXPENSES INCURRED, 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, IN MID-TERM
NEGOTIATIONS CONDUCTED FEBRUARY 23, 1981.

WE WILL GRANT OFFICIAL TIME TO EMPLOYEE FRANCIS MILNER FOR TIME SPENT
IN A TRAVEL STATUS IN CONNECTION WITH SAID NEGOTIATIONS.

(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 VI, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS
IS: BRYAN & ERVAY STREET, ROOM 450, P.O. BOX 2640, DALLAS, TEXAS 75221,
AND WHOSE TELEPHONE NUMBER IS: (214) 767-4996.

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

/1/ BUT SEE DIVISION OF MILITARY AND NAVAL AFFAIRS, STATE OF NEW YORK
(ALBANY, NEW YORK), 7 FLRA NO. 69(1981), REVERSED SUB NOM. DIVISION OF
MILITARY AND NAVAL AFFAIRS V. FEDERAL LABOR RELATIONS AUTHORITY, 683
F.2D 45 (2D CIR. 1982) AND U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND
EDUCATION ADMINISTRATION, AGRICULTURAL RESEARCH, NORTH CENTRAL REGION,
DAKOTAS-ALASKA AREA, 6 FLRA NO. 45(1981), REVERSED SUB NOM. UNITED
STATES DEPARTMENT OF AGRICULTURE V. FEDERAL LABOR RELATIONS AUTHORITY,
NO. 81-1948 (8TH CIR. AUG. 9, 1982).

/2/ WITH RESPECT TO THE RESPONDENTS' CONTENTION THAT TRAVEL TIME IS
NOT DUTY TIME, SEE FLORIDA NATIONAL GUARD, 5 FLRA NO. 49(1981).