IRS Southwest Region and NTEU Chapter 91 (Authority decision, July 21, 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 Southwest Region denied union representative Willard Nichols official time for travel and travel expenses connected with contract negotiations. A judge found an unfair labor practice. The Authority adopted the judge’s findings and ordered the IRS to provide the official time, reimburse proper expenses, and post a notice.

Decision snapshot

• Authority: 5 U.S.C. § 7131(a).
• Outcome: Judge’s violation finding adopted; official time and expenses ordered.
• Key point: Union negotiator travel qualified for official time and proper reimbursement.

Full text (FLRA public release)

[ v09 p637 ]

09:0637(72)CA

The decision of the Authority follows:

9 FLRA No. 72

UNITED STATES DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE AND
UNITED STATES DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE, SOUTHWEST REGION
Respondent

and

NATIONAL TREASURY EMPLOYEES UNION AND
NATIONAL TREASURY EMPLOYEES UNION,
CHAPTER 91
Charging Party

Case No. 6-CA-857

DECISION AND ORDER

THE ADMINISTRATIVE LAW JUDGE ISSUED HIS DECISION IN THE
ABOVE-ENTITLED PROCEEDING GRANTING THE GENERAL COUNSEL'S MOTION FOR
SUMMARY JUDGMENT, FINDING THAT THE RESPONDENT HAD ENGAGED IN CERTAIN
UNFAIR LABOR PRACTICES, AND RECOMMENDING THAT THE RESPONDENT BE ORDERED
TO CEASE AND DESIST THEREFROM AND TAKE CERTAIN AFFIRMATIVE ACTION.
THEREAFTER, THE RESPONDENT FILED EXCEPTIONS TO THE JUDGE'S DECISION.

PURSUANT TO SECTION 2423.29 OF THE AUTHORITY'S RULES AND REGULATIONS
AND SECTION 7118 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (THE STATUTE), THE AUTHORITY HAS REVIEWED THE RULINGS OF THE
JUDGE AND FINDS THAT NO PREJUDICIAL ERROR WAS COMMITTED. THE RULINGS
ARE HEREBY AFFIRMED. /1/ UPON CONSIDERATION OF THE JUDGE'S DECISION AND
THE ENTIRE RECORD IN THIS CASE, THE AUTHORITY HEREBY ADOPTS THE JUDGE'S
FINDINGS, CONCLUSIONS AND RECOMMENDATIONS. /2/

ORDER

PURSUANT TO SECTION 2423.29 OF THE RULES AND REGULATIONS OF THE
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, SOUTHWEST REGION,
SHALL:

1. CEASE AND DESIST FROM:

(A) FAILING AND REFUSING TO PROVIDE EMPLOYEE WILLARD NICHOLS OFFICIAL
TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME
ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER
91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING NEGOTIATIONS OF A
COLLECTIVE BARGAINING AGREEMENT.

(B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OR
COERCING 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) PROVIDE UNION REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR
TRAVEL TO AND FROM THE SEPTEMBER 12, 1980 NEGOTIATIONS FOR THE TIME HE
OTHERWISE WOULD HAVE BEEN IN A DUTY STATUS; AND, UPON SUBMISSION OF AN
APPROPRIATE VOUCHER, PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER
DIEM EXPENSES INCURRED DURING SUCH NEGOTIATIONS.

(B) POST AT ALL OF ITS OFFICES IN THE SOUTHWEST REGION WHERE UNIT
EMPLOYEES ARE LOCATED, 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 COMMISSIONER OF THE SOUTHWEST REGION 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 COMMISSIONER 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 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., JULY 21, 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 EMPLOYEE WILLARD NICHOLS OFFICIAL
TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME
ENGAGED IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER
91, OUR EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING NEGOTIATIONS OF A
COLLECTIVE BARGAINING AGREEMENT. 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 STATUTE. WE WILL PROVIDE UNION
REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM THE
SEPTEMBER 12, 1980 NEGOTIATIONS FOR THE TIME HE OTHERWISE WOULD HAVE
BEEN IN A DUTY STATUS; AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER,
PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER DIEM EXPENSES INCURRED
DURING SUCH 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,
FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: BRYAN & ERVAY
STREETS, ROOM 450, P.O. BOX 2640, DALLAS, TEXAS 75221, AND WHOSE
TELEPHONE NUMBER IS (214) 767-4996.

-------------------- ALJ$ DECISION FOLLOWS --------------------

GARY A. ANDERSON, ESQUIRE
WILLIAM P. LEHMAN, ESQUIRE
FOR THE RESPONDENT

ELIZABETH A. MARTINEZ, ESQUIRE
FOR THE GENERAL COUNSEL

BEFORE: RANDOLPH D. MASON
ADMINISTRATIVE LAW JUDGE

DECISION

THIS PROCEEDING AROSE PURSUANT TO THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE, 5 U.S.C. 7101 ET SEQ., AS A RESULT
OF AN UNFAIR LABOR PRACTICE COMPLAINT DATED JANUARY 21, 1981, FILED BY
THE REGIONAL DIRECTOR, REGION VI, FEDERAL LABOR RELATIONS AUTHORITY,
DALLAS, TEXAS, AGAINST THE U.S. DEPARTMENT OF THE TREASURY, INTERNAL
REVENUE SERVICE AND U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE
SERVICE, SOUTHWEST REGION ("RESPONDENT"). THE COMPLAINT ALLEGED THAT
RESPONDENT VIOLATED SECTIONS 7116(A)(1) AND (8) OF THE STATUTE WHEN IT
FAILED TO COMPLY WITH SEC. 7131(A) BY REFUSING TO PROVIDE AN EMPLOYEE
WITH OFFICIAL TIME FOR TRAVEL AND EXPENSES FOR TRAVEL AND PER DIEM IN
CONNECTION WITH CERTAIN NEGOTIATIONS. IN ITS ANSWER, RESPONDENT
ADMITTED, IN ALL MATERIAL RESPECTS, THE FACTUAL ALLEGATIONS OF THE
COMPLAINT, BUT DENIED THAT IT HAD VIOLATED THE STATUTE.

ON MARCH 4, 1981, COUNSEL FOR THE GENERAL COUNSEL FILED A MOTION FOR
SUMMARY JUDGEMENT IN THIS CASE, ASSERTING THAT THERE WERE NO MATERIAL
ISSUES OF FACT RAISED BY THE PLEADINGS AND THAT A HEARING WAS NOT
REQUIRED. IN ITS RESPONSE TO THIS MOTION, RESPONDENT ARGUED THAT A
HEARING WAS NECESSARY TO RESOLVE CERTAIN "FACTUAL DISPUTES." BY ORDER
DATED MAY 15, 1981, THE CHIEF ADMINISTRATIVE LAW JUDGE HELD THAT THE
ISSUES RAISED BY THE RESPONDENT WERE NOT PERTINENT TO THE QUESTION OF
WHETHER AN UNFAIR LABOR PRACTICE HAD BEEN COMMITTED. /3/ IT WAS THEN
ORDERED THAT THE PARTIES WERE ENTITLED TO FILE BRIEFS ON OR BEFORE JUNE
5, 1981. RESPONDENT AND GENERAL COUNSEL FILED BRIEFS WHICH HAVE BEEN
DULY CONSIDERED. BASED ON THE ENTIRE RECORD HEREIN, INCLUDING THE
PLEADINGS, THE MOTION FOR SUMMARY JUDGEMENT, RESPONDENT'S MOTION IN
OPPOSITION THERETO, AND ALL BRIEFS WHICH HAVE BEEN FILED, I MAKE THE
FOLLOWING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED ORDER:

FINDINGS OF FACT

THE NATIONAL TREASURY EMPLOYEES UNION ("NTEU") IS THE EXCLUSIVE
REPRESENTATIVE FOR RESPONDENT'S EMPLOYEES IN A NATIONWIDE BARGAINING
UNIT. AT ALL TIMES MATERIAL HEREIN, CHAPTER 91 HAS BEEN THE LOCAL
REPRESENTATIVE OF NTEU AT THE SOUTHWEST REGIONAL OFFICE OF RESPONDENT.

ON OR ABOUT SEPTEMBER 12, 1980, RESPONDENT'S SOUTHWEST REGION AND
CHAPTER 91 ENGAGED IN NEGOTIATIONS CONCERNING A CHANGE IN TRAVEL POLICY
FOR APPEALS OFFICERS. ON THAT DATE, WILLARD G. NICHOLS, AN IRS EMPLOYEE
WITH A POST OF DUTY IN HOUSTON, TEXAS, PARTICIPATED AS A REPRESENTATIVE
OF NTEU IN THOSE NEGOTIATIONS AT RESPONDENT'S REGIONAL LEVEL IN DALLAS,
TEXAS. IT WAS NECESSARY FOR HIM TO TRAVEL ROUND TRIP FROM HOUSTON TO
DALLAS IN ORDER TO PARTICIPATE. SINCE NOVEMBER 3, 1980, RESPONDENT HAS
FAILED TO GRANT EMPLOYEE-NEGOTIATOR NICHOLS OFFICIAL TIME FOR TRAVEL AND
HAS REFUSED TO PAY HIS TRAVEL AND PER DIEM EXPENSES WITH RESPECT TO THE
ABOVE NEGOTIATIONS OF SEPTEMBER 12, 1980.

CONCLUSIONS OF LAW

THE PRIMARY QUESTION PRESENTED FOR DECISION IS WHETHER RESPONDENT
VIOLATED SEC. 7131(A) OF THE STATUTE BY REFUSING TO REIMBURSE A UNION
REPRESENTATIVE ENGAGED IN NEGOTIATIONS FOR PER DIEM AND TRAVEL EXPENSES
AND BY REFUSING TO GRANT OFFICIAL TIME FOR TRAVEL TO AND FROM THE
NEGOTIATIONS. SECTION 7131(A) OF THE STATUTE PROVIDES:

ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
NEGOTIATION OF AN COLLECTIVE

BARGAINING AGREEMENT UNDER THIS CHAPTER SHALL BE AUTHORIZED OFFICIAL
TIME FOR SUCH PURPOSES,

INCLUDING ATTENDANCE AT IMPASSE PROCEEDING, DURING THE TIME THE
EMPLOYEE OTHERWISE WOULD BE IN

A DUTY STATUS. THE NUMBER OF EMPLOYEES FOR WHOM OFFICIAL TIME IS
AUTHORIZED UNDER THIS

SUBSECTION SHALL NOT EXCEED THE NUMBER OF INDIVIDUALS DESIGNATED AS
REPRESENTING THE AGENCY

FOR SUCH PURPOSES.

IN ITS INTERPRETATION AND GUIDANCE, 2 FLRA NO. 31 (1979), THE
AUTHORITY EXPANDED UPON THE MEANING AND APPLICATION OF SEC. 7131(A) OF
THE STATUTE. IT CONCLUDED THAT THE OFFICIAL TIME PROVISIONS ENCOMPASS
ALL NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN AN
EXCLUSIVE REPRESENTATIVE AND AN AGENCY, "REGARDLESS OF WHETHER SUCH
NEGOTIATIONS, PERTAIN TO THE NEGOTIATION OR RENEGOTIATION OF A
COLLECTIVE BARGAINING AGREEMENT." THE AUTHORITY ALSO CONCLUDED THAT
EMPLOYEES REPRESENTING AN EXCLUSIVE REPRESENTATIVE ARE ENTITLED TO
RECEIVE OFFICIAL TIME DURING THE TIME THEY WOULD OTHERWISE BE IN A DUTY
STATUS UNDER SECTION 7131(A) OF THE STATUTE, WHICH ENTITLEMENT INCLUDES
PAYMENT BY AGENCY "FOR THEIR DUTY TIME AND TRAVEL AND PER DIEM
EXPENSES." IN REACHING THE FOREGOING CONCLUSIONS, THE AUTHORITY
INTERPRETED THE LANGUAGE AND LEGISLATIVE HISTORY OF THE STATUTE
INCLUDING SEC. 7101(A) WHICH STATES THAT "LABOR ORGANIZATIONS AND
COLLECTIVE BARGAINING IN THE CIVIL SERVICE ARE IN THE PUBLIC INTEREST."
FURTHER, THE AUTHORITY STATED THAT ONLY BY AFFORDING UNION NEGOTIATORS
OFFICIAL TIME, TRAVEL AND PER DIEM EXPENSES, MAY EFFECTIVE UNION
REPRESENTATION COMPARABLE TO THE REPRESENTATION OF MANAGEMENT BE
ACHIEVED UNDER THE STATUTE, AND ONLY IN THIS MATTER MAY BOTH PARTIES
EFFECTIVELY FULFILL THEIR RESPECTIVE OBLIGATION UNDER SECTION 7114(B) OF
THE STATUTE TO MEET AT REASONABLE TIMES AND AS FREQUENTLY AS MAY BE
NECESSARY FOR GOOD-FAITH NEGOTIATIONS ON CONDITIONS OF EMPLOYMENT.

ON BRIEF, RESPONDENT ARGUES THAT THE AUTHORITY'S INTERPRETATION AND
GUIDANCE, 2 FLRA NO. 31 (1979), IS WITHOUT SUPPORT IN THE CIVIL SERVICE
REFORM ACT OR ITS LEGISLATIVE HISTORY, AND THAT RESPONDENT HAS NO
AUTHORITY TO EXPEND ITS APPROPRIATED FUNDS FOR THE PAYMENT OF THE TRAVEL
AND PER DIEM EXPENSES IN QUESTION. THESE SAME ARGUMENTS WERE REJECTED
BY THE AUTHORITY IN BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, WESTERN
REGION, DEPARTMENT OF THE TREASURY, SAN FRANCISCO, CALIFORNIA, 4 FLRA
NO. 40 (1980); SEE ALSO, U.S. DEPARTMENT OF AGRICULTURE, SCIENCE AND
EDUCATION ADMINISTRATION, AGRICULTURAL RESEARCH, NORTH CENTRAL REGION,
DAKOTAS-ALASKA AREA, 6 FLRA NO. 45 (JULY 15, 1981). SINCE I AM
CONSTRAINED TO FOLLOW THE AUTHORITY'S PRONOUNCEMENTS, I MUST REJECT
THESE SAME ARGUMENTS ADVANCED BY THE RESPONDENT IN THE INSTANT CASE.

FINALLY, RESPONDENT ARGUES THAT OFFICIAL TIME DOES NOT COVER TRAVEL
TO AND FROM BARGAINING SESSIONS, AND ONLY COVERS THAT TIME SPENT IN FACE
TO FACE NEGOTIATIONS. THIS ARGUMENT MUST ALSO BE REJECTED. IN THE
AUTHORITY'S VIEW, WHEN IT IS REQUIRED THAT AN EMPLOYEE TRAVEL TO
PARTICIPATE IN OFFICIAL TIME ACTIVITIES UNDER SEC. 7131(A), DURING THE
TIME THE EMPLOYEE OTHERWISE WOULD BE IN A DUTY STATUS, SUCH TRAVEL TIME
IS PART OF THE OFFICIAL TIME. FLORIDA NATIONAL GUARD, 5 FLRA NO. 49
(1981).

IN VIEW OF THE FOREGOING, I MUST CONCLUDE AND HOLD THAT THE
RESPONDENT FAILED TO COMPLY WITH SEC. 7131(A) OF THE STATUTE WHEN IT
REFUSED TO GRANT NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM THE
NEGOTIATION SITE DURING THE TIME HE OTHERWISE WOULD HAVE BEEN IN A DUTY
STATUS. THAT SECTION WAS ALSO VIOLATED WHEN RESPONDENT REFUSED TO
REIMBURSE NICHOLS FOR HIS TRAVEL AND PER DIEM EXPENSES IN CONNECTION
WITH THE SEPTEMBER 12, 1980 NEGOTIATIONS. RESPONDENT'S FAILURE TO
COMPLY WITH SEC. 7131(A) CONSTITUTED A VIOLATION OF SEC. 7116(A)(8) AND
(1) OF THE STATUTE. I HEREBY GRANT THE MOTION FOR SUMMARY JUDGMENT AND
RECOMMEND THAT THE AUTHORITY ADOPT THE FOLLOWING:

ORDER

PURSUANT TO 5 U.S.C. 7118(A)(7) AND SEC. 2423.26 OF THE FINAL RULES
AND REGULATIONS, 45 FED.REG. 3482, 3510 (1980), IT IS HEREBY ORDERED
THAT THE U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE AND
U.S. DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, SOUTHWEST
REGION, SHALL:

1. CEASE AND DESIST:

(A) FAILING AND REFUSING TO PROVIDE WILLARD NICHOLS OR ANY AGENCY
EMPLOYEE, OFFICIAL TIME

FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM EXPENSES FOR TIME
ENGAGED IN REPRESENTING THE

NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES'
EXCLUSIVE REPRESENTATIVE,

DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING
AGREEMENT, EQUAL TO THE AMOUNT TO

WHICH AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY BUSINESS WOULD BE
ENTITLED.

(B) IN ANY LIKE OR RELATED MATTER, INTERFERING WITH, RESTRAINING, OR
COERCING 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) PROVIDE UNION REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR
TRAVEL TO AND FROM THE

SEPTEMBER 12, 1980, NEGOTIATIONS DURING THE TIME HE OTHERWISE WOULD
HAVE BEEN IN A DUTY

STATUS; AND, UPON SUBMISSION OF AN APPROPRIATE VOUCHER, PAY TO
WILLARD NICHOLS APPROPRIATE

TRAVEL AND PER DIEM EXPENSES EQUAL TO THE AMOUNT TO WHICH AN EMPLOYEE
ENGAGED IN OFFICIAL

AGENCY BUSINESS WOULD BE ENTITLED.

(B) POST AT ALL OF ITS OFFICES IN THE SOUTHWEST REGION WHERE UNIT
EMPLOYEES ARE LOCATED,

COPIES OF THE ATTACHED NOTICE MARKED "APPENDIX." COPIES OF SAID
NOTICE TO BE FURNISHED BY THE

REGIONAL DIRECTOR FOR REGION VI AFTER BEING SIGNED BY THE REGIONAL
COMMISSIONER, SHALL BE

POSTED BY IT IMMEDIATELY UPON RECEIPT THEREOF AND BE MAINTAINED BY IT
FOR 60 CONSECUTIVE DAYS

THEREAFTER, IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS
WHERE NOTICES TO EMPLOYEES

ARE CUSTOMARILY POSTED. REASONABLE STEPS SHALL BE TAKEN BY
RESPONDENT TO ENSURE THAT SAID

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.

RANDOLPH D. MASON
ADMINISTRATIVE LAW JUDGE

DATED: JULY 21, 1981
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 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 WILLARD NICHOLS, OR ANY AGENCY
EMPLOYEE, OFFICIAL TIME FOR TRAVEL AND APPROPRIATE TRAVEL AND PER DIEM
EXPENSES FOR TIME ENGAGED IN REPRESENTING THE NATIONAL TREASURY
EMPLOYEES UNION, CHAPTER 91, THE EMPLOYEES' EXCLUSIVE REPRESENTATIVE,
DURING UNION-AGENCY NEGOTIATIONS OF A COLLECTIVE BARGAINING AGREEMENT,
EQUAL TO AN AMOUNT TO WHICH AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY
BUSINESS WOULD BE ENTITLED. 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 STATUTE. WE WILL PROVIDE UNION
REPRESENTATIVE WILLARD NICHOLS OFFICIAL TIME FOR TRAVEL TO AND FROM
UNION-AGENCY NEGOTIATIONS ON SEPTEMBER 12, 1980, IN ADDITION TO OFFICIAL
TIME DURING SAID NEGOTIATIONS, AND, UPON SUBMISSION OF AN APPROPRIATE
VOUCHER, PAY TO WILLARD NICHOLS APPROPRIATE TRAVEL AND PER DIEM EXPENSES
EQUAL TO AN AMOUNT TO WHICH AN EMPLOYEE ENGAGED IN OFFICIAL AGENCY
BUSINESS WOULD BE ENTITLED.

(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 ANY OF ITS
PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR,
REGION VI, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: BRYAN &
ERVAY STREET, OLD POST OFFICE BUILDING, ROOM 450, DALLAS, TEXAS, 75221,
AND WHOSE TELEPHONE NUMBER IS: (214) 767-4996.

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

/1/ IN AGREEMENT WITH THE CHIEF ADMINISTRATIVE LAW JUDGE'S ORDER
DATED MAY 15, 1981, THE AUTHORITY FINDS THAT THE RESPONDENT HAS RAISED
NO MATERIAL QUESTIONS OF FACT SO AS TO WARRANT A HEARING HEREIN.

/2/ 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).

/3/ RESPONDENT HAD INDICATED, FOR EXAMPLE, THAT QUESTIONS MAY ARISE
REGARDING THE EXACT AMOUNT OF REIMBURSABLE EXPENSES AND WHETHER THE
EMPLOYEE IN QUESTION HAD COMPLIED IN EVERY RESPECT WITH RESPONDENT'S
TRAVEL REGULATIONS. THE RESOLUTION OF SUCH PROBLEMS WAS CONSIDERED
APPROPRIATE DURING THE COMPLIANCE STAGE AFTER THE AUTHORITY'S DECISION
ON THE UNFAIR LABOR PRACTICE ISSUES.