Internal Revenue Service, Fresno Service Center, A/SLMR No. 1119, FLRC No. 78A-139

 



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01:0225(29)CA
The decision of the Authority follows:


 1 FLRA No. 29
                                            APRIL 27, 1979
 
 MR. ANTHONY D'AMATO
 DIRECTOR OF PERSONNEL
 INTERNAL REVENUE SERVICE
 1111 CONSTITUTION AVENUE, N.W.
 WASHINGTON, D.C.  20224
 
                              RE:  INTERNAL REVENUE SERVICE, FRESNO 
                                   SERVICE CENTER, A/SLMR No. 1119, 
                                   FLRC No. 78A-139
 
 DEAR MR. D'AMATO:
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED YOUR PETITION FOR REVIEW AND
 REQUEST FOR A STAY OF THE ASSISTANT SECRETARY'S DECISION, AND THE
 UNION'S OPPOSITION THERETO, IN THE ABOVE-ENTITLED CASE.
 
    IN THIS CASE, THE NATIONAL TREASURY EMPLOYEES UNION AND NTEU CHAPTER
 97 (THE UNION) FILED AN UNFAIR LABOR PRACTICE COMPLAINT ALLEGING THAT
 THE INTERNAL REVENUE SERVICE, FRESNO SERVICE CENTER (THE ACTIVITY)
 VIOLATED SECTION 19(A)(1) AND (6) OF THE ORDER BY REFUSING TO PERMIT THE
 UNION TO EXAMINE AN INVESTIGATORY FILE WHICH ASSERTEDLY PROVIDED THE
 BASIS FOR TERMINATING A PROBATIONARY EMPLOYEE.
 
    THE ASSISTANT SECRETARY CONCLUDED THAT THE ACTIVITY'S REFUSAL TO
 FURNISH THE PROBATIONARY EMPLOYEE AND HIS UNION REPRESENTATIVE WITH A
 COPY OF THE INVESTIGATORY FILE VIOLATED SECTION 19(A)(1) AND (6) OF THE
 ORDER.  IN SO CONCLUDING, THE ASSISTANT SECRETARY STATED IN PERTINENT
 PART:
 
    SECTION 10(E) OF THE ORDER PROVIDES THAT A LABOR ORGANIZATION
 A