Internal Revenue Service, Salt Lake City District, and NTEU (Authority decision, February 8, 1991)

Final FLRA decision. This is the Authority's final unfair labor practice order under 5 U.S.C. §§ 7116 and 7118. 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

NTEU requested 1988 branch chiefs' operational reviews for groups where an IRS employee had worked in the Salt Lake City District. An administrative law judge found that the IRS's refusal to furnish the records violated its information duty. The Authority agreed that the reviews were necessary for the union, were not excluded management guidance about collective bargaining, and were not barred from disclosure by law. It adopted the violation finding and ordered the IRS to provide the records on request, stop the violation, and post an employee notice for 60 days. It denied a motion to dismiss the IRS's exceptions because their objections could be identified despite defects in their presentation.

Decision snapshot

• Authority: Information requests under 5 U.S.C. § 7114(b)(4) and unfair labor practices under § 7116(a)(1), (5), and (8).
• Outcome: Violation finding adopted; operational reviews and notice posting ordered.
• Key point: Requested operational reviews met the statutory disclosure requirements for the union's information request.

Full text (FLRA public release)

[ v39 p416 ]
39:0416(32)CA

The decision of the Authority follows:

39 FLRA No. 32

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

WASHINGTON, D.C.

AND

INTERNAL REVENUE SERVICE

SALT LAKE CITY, UTAH DISTRICT OFFICE

SALT LAKE CITY, UTAH

(Respondents/Agency)

and

NATIONAL TREASURY EMPLOYEES UNION

(Charging Party/Union)

7-CA-90690

DECISION AND ORDER

February 8, 1991

Before Chairman McKee and Members Talkin and
Armendariz.

I. Statement of the Case

The Administrative Law Judge issued the attached decision in the above-entitled proceeding finding that the Respondents had violated section 7116(a)(1), (5), and (8) of the Federal Service Labor-Management Relations Statute (the Statute) by failing to furnish the Union with information requested under section 7114(b)(4) of the Statute.

The Respondents filed exceptions to the Judge's Decision and the General Counsel filed a motion to dismiss and an opposition to the exceptions.(*)

We have examined the entire record and, for the reasons stated by the Judge, we agree with the Judge's findings and conclusions that the requested Operational Reviews: (1) are necessary within the meaning of section 7114(b)(4) of the Statute; (2) do not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining within the meaning of section 7114(b)(4)(C) of the Statute; and (3) are not prohibited from disclosure by law.

Pursuant to section 2423.29 of the Authority's Rules and Regulations and section 7118 of the Statute, we have reviewed the rulings of the Judge made at the hearing and find that no prejudicial error was committed. We affirm the rulings. Upon consideration of the Judge's Decision and the entire record, we adopt the Judge's findings, conclusions, and recommended Order.

II. 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 Internal Revenue Service, Washington D.C. and Internal Revenue Service, Salt Lake City, Utah District Office, Salt Lake City, Utah shall:

1. Cease and desist from:

(a) Refusing to furnish the National Treasury Employees Union, the exclusive representative of certain of its employees, the Branch Chiefs' 1988 Operational Reviews for all groups wherein Ms. Lois Long was employed.

(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) Upon request, furnish the National Treasury Employees Union the Branch Chiefs' 1988 Operational Reviews for all groups wherein Ms. Lois was employed.

(b) Post at its Salt Lake District Office copies of the attached Notice on forms to be furnished by the Federal Labor Relations Authority. Upon receipt of such forms, they shall be signed by the District Director in charge of the Salt Lake City, Utah District Office, and shall be posted and maintained for 60 consecutive days thereafter, in conspicuous places, including all bulletin boards and other places where notices to their respective employees are customarily posted. Reasonable steps shall be taken 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 VII, Federal Labor Relations Authority, in writing, within 30 days from the date of this Order, as to what steps have been taken to comply.

NOTICE TO ALL EMPLOYEES

AS ORDERED BY THE FEDERAL LABOR RELATIONS AUTHORITY

AND TO EFFECTUATE THE POLICIES OF THE

FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE

WE NOTIFY OUR EMPLOYEES THAT:

WE WILL NOT refuse to furnish the National Treasury Employees Union, the exclusive representative of a unit of our employees, the data requested by the National Treasury Employees Union in its letter of July 7, 1989, namely, the Branch Chiefs' 1988 Operational Reviews for all groups wherein Ms. Lois Long was employed.

WE WILL NOT in any like or related manner, interfere with, restrain, or coerce employees in the exercise of their rights assured them by the Federal Service Labor-Management Relations Statute.

WE WILL furnish the National Treasury Employees Union, the exclusive representative of a unit of our employees, the data requested by the National Treasury Employees Union in its letter of July 7, 1989, namely, the Branch Chiefs' 1988 Operational Reviews for all groups wherein Ms. Lois Long was employed.

_____
(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 VII Federal Labor Relations Authority, whose address is: 1244 Speer Boulevard, Suite 100, Denver CO 80204, and whose telephone number is: (303) 844-5224.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

*/ Although, as the General Counsel points out, the Respondents' exceptions are a duplication of the Respondents' post-hearing brief and do not identify the parts of the Judge's decision to which the Respondents are excepting, we find that the exceptions are adequate for us to identify the Respondents' objections to the Judge's decision. Therefore, we deny the General Counsel's motion to dismiss the exceptions. See, for example, Department of the Air Force, Scott Air Force Base, Illinois, 34 FLRA 1129, 1134 (1990).