IRS Dallas District and NTEU Chapter 46 (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

An NTEU negotiator incurred travel and per diem expenses during talks over a proposed change affecting IRS employees in Austin. The IRS Dallas District refused reimbursement. On a stipulated record, the Authority held that this denial violated the statutory entitlement for designated bargaining representatives. It ordered repayment of the submitted voucher and a posted notice.

Decision snapshot

• Authority: 5 U.S.C. § 7116(a)(1).
• Outcome: Unfair labor practice found; travel reimbursement and notice ordered.
• Key point: The agency had to cover qualifying travel costs for a designated midterm negotiator.

Full text (FLRA public release)

[ v10 p263 ]

10:0263(50)CA

The decision of the Authority follows:

10 FLRA No. 50

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

and

NATIONAL TREASURY EMPLOYEES UNION
AND NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 46
Charging Parties

Case No. 6-CA-1295

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 VIOLATED SECTION
7116(A)(1) AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (THE STATUTE) WHEN THEY FAILED AND REFUSED TO COMPLY WITH
SECTION 7131(A) OF THE STATUTE BY DENYING REIMBURSEMENT OF TRAVEL AND
PER DIEM EXPENSES TO EMPLOYEE HARLEY A. SAATHOF INCURRED WITH RESPECT TO
NEGOTIATIONS "CONCERNING THE PROPOSED TRANSFER OF THE AUSTIN, TEXAS
POST-OF-DUTY EMPLOYEE PLANS SPECIALISTS AND EXEMPT ORGANIZATION
SPECIALISTS TO HOUSTON, TEXAS GROUPS WITHOUT A PHYSICAL RELOCATION."
SUCH NEGOTIATIONS OCCURRED ON JUNE 9, 1981, AND THE RESPONDENTS ADMIT
THAT THEY DENIED THE REQUESTED REIMBURSEMENT SUBMITTED BY THE NAMED
EMPLOYEE.

THE DISPOSITIVE FACTS AND POSITIONS OF THE PARTIES ARE SUBSTANTIALLY
IDENTICAL TO THOSE FOUND 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/ FOR THE REASONS FULLY STATED IN BUREAU OF ALCOHOL, TOBACCO
AND FIREARMS, THE AUTHORITY FINDS THAT THE RESPONDENTS HEREIN HAVE
FAILED AND REFUSED TO COMPLY WITH SECTION 7131(A) OF THE STATUTE AND
THEREFORE HAVE VIOLATED SECTION 7116(A)(1) AND (8) OF THE STATUTE. /2/

ORDER

PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
FEDERAL LABOR RELATIONS AUTHORITY 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, DALLAS DISTRICT, SHALL:

1. CEASE AND DESIST FROM:

(A) FAILING AND REFUSING TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED
TRAVEL AND PER DIEM

EXPENSES TO EMPLOYEE HARLEY A. SAATHOF, OR ANY OTHER EMPLOYEE, AS A
RESULT OF HIS

PARTICIPATION, PURSUANT TO SECTION 7131(A) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS

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

NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, THEIR EMPLOYEES'
EXCLUSIVE REPRESENTATIVE,

DURING MID-TERM NEGOTIATIONS CONDUCTED JUNE 9, 1981.

(B) IN ANY LIKE OR RELATED MANNER, INTERFERING WITH, RESTRAINING, OR
COERCING THEIR

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 HARLEY A. SAATHOF BASED UPON HIS PREVIOUSLY
SUBMITTED VOUCHER FOR

HIS TRAVEL AND PER DIEM EXPENSES INCURRED DURING SAID NEGOTIATIONS.

(B) POST AT ITS FACILITIES IN THE DALLAS 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 ARE

CUSTOMARILY POSTED. THE DISTRICT DIRECTOR SHALL TAKE REASONABLE
STEPS TO ENSURE 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 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 PAYMENT OF PROPERLY DOCUMENTED
TRAVEL AND PER DIEM EXPENSES TO EMPLOYEE HARLEY A. SAATHOF, OR ANY OTHER
EMPLOYEE, AS A RESULT OF HIS PARTICIPATION, PURSUANT TO SECTION 7131(A)
OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE AS THE DULY
DESIGNATED REPRESENTATIVE OF THE NATIONAL TREASURY EMPLOYEES UNION AND
NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 46, OUR EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, DURING MID-TERM NEGOTIATIONS CONDUCTED JUNE 9, 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 HARLEY A. SAATHOF BASED UPON HIS
PREVIOUSLY SUBMITTED VOUCHER FOR HIS TRAVEL AND PER DIEM EXPENSES
INCURRED DURING SAID NEGOTIATIONS.

(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 VI, WHOSE ADDRESS IS: BRYAN AND 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. AUGUST 9, 1982).

/2/ WITH RESPECT TO RESPONDENTS' ALTERNATIVE CONTENTIONS HEREIN, SUCH
CONTENTIONS ARE IDENTICAL TO THOSE RAISED BY THE RESPONDENTS AND
DISPOSED OF BY THE AUTHORITY IN UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE AND UNITED STATES DEPARTMENT OF THE
TREASURY, INTERNAL REVENUE SERVICE, DALLAS, DISTRICT, 10 FLRA NO. 21
(1982), INVOLVING SIMILAR ALLEGATIONS.