National Treasury Employees Union (NTEU), Chapter 202 (Respondent) and United States Department of the Treasury, Headquarters, Bureau of Government Financial Operations (Complainant) and National Treasury Employees Union (NTEU), Chapter 128 (Respondent) and United States Department of the Treasury, Headquarters, U.S. Customs Service (Complainant) and National Treasury Employees Union (NTEU), Chapter 165 (Respondent) and United States Department of the Treasury, U.S. Customs Service, Region VIII, San Francisco, California (Complainant)
[ v01 p910 ]
01:0910(104)CO
The decision of the Authority follows:
1 FLRA No. 104 NATIONAL TREASURY EMPLOYEES UNION (NTEU), CHAPTER 202 Respondent and UNITED STATES DEPARTMENT OF THE TREASURY, HEADQUARTERS, BUREAU OF GOVERNMENT FINANCIAL OPERATIONS Complainant Assistant Secretary Case No. 22-09079(CO) NATIONAL TREASURY EMPLOYEES UNION (NTEU), CHAPTER 128 Respondent and UNITED STATES DEPARTMENT OF THE TREASURY, HEADQUARTERS, U.S. CUSTOMS SERVICE Complainant Assistant Secretary Case No. 22-09102(CO) NATIONAL TREASURY EMPLOYEES UNION (NTEU), CHAPTER 165 Respondent and UNITED STATES DEPARTMENT OF THE TREASURY, U.S. CUSTOMS SERVICE, REGION VIII, SAN FRANCISCO, CALIFORNIA Complainant Assistant Secretary Case No. 70-6446(CO) DECISION AND ORDER THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO REGIONAL ADMINISTRATOR HILARY M. SHEPLEY'S ORDER TRANSFERRING CASE TO THE ASSISTANT SECRETARY OF LABOR DATED DECEMBER 28, 1978, IN ACCORDANCE WITH SECTION 206.5 OF THE ASSISTANT SECRETARY'S REGULATIONS. THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, WERE TRANSFERRED TO THE AUTHORITY UNDER SECTION 304 OF REORGANIZATION PLAN NO. 2 OF 1978 (43 F.R. 36040), WHICH TRANSFER OF FUNCTIONS IS IMPLEMENTED BY SECTION 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS (44 F.R. 44741, JULY 30, 1979). THE AUTHORITY CONTINUES TO BE RESPONSIBLE FOR THE PERFORMANCE OF THESE FUNCTIONS AS PROVIDED IN SECTION 7135(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1215). THEREFORE, PURSUANT TO SECTION 2400.2 OF THE AUTHORITY'S RULES AND REGULATIONS AND SECTION 7135(B) OF THE STATUTE, AND UPON CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE, INCLUDING THE PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS, AND BRIEFS OF THE NATIONAL TREASURY EMPLOYEES' UNION (NTEU), THE BUREAU OF GOVERNMENT FINANCIAL OPERATIONS (BGFO) AND THE U.S. CUSTOMS SERVICE, THE AUTHORITY FINDS: ALL THE COMPLAINTS HEREIN ALLEGE ESSENTIALLY THAT THE RESPONDENTS, NTEU CHAPTERS 202, 128, AND 165 VIOLATED SECTION 19(B)(1) OF THE ORDER BY PROMULGATING POLICIES WHICH AFFORD ONLY NTEU MEMBERS IN THE RESPECTIVE UNITS OF EXCLUSIVE RECOGNITION REPRESENTATION BY ATTORNEYS IN CERTAIN WORK-RELATED SITUATIONS WHEREAS NON-UNION MEMBERS IN THE UNITS WOULD RECEIVE REPRESENTATION ONLY BY NON-ATTORNEYS. THE PARTIES HAVE ENTERED INTO A "STIPULATION OF FACT" IN LIEU OF A HEARING. HOWEVER, THE NTEU ALLEGES THAT THE COMPLAINANTS LACK STANDING TO FILE THE COMPLAINTS BECAUSE, IN ESSENCE, THEY DO NOT HAVE A STAKE IN THE OUTCOME OF THE CASE. THE UNDISPUTED FACTS, AS STIPULATED BY THE PARTIES (THE NTEU NATIONAL FILING IN BEHALF OF ITSELF AND THE RESPECTIVE RESPONDENT LOCALS), ARE AS FOLLOWS: (1) IN CASE NO. 22-09079(CO), THE BGFO ALLEGES THAT NTEU CHAPTER 202 VIOLATED SECTION 19(B)(1) WHEN, ON JANUARY 2, 1978, ITS REPRESENTATIVES PUBLISHED AND DISTRIBUTED TO BARGAINING UNIT EMPLOYEES IN THE FIVE BUILDINGS OCCUPIED BY BGFO EMPLOYEES A PUBLICATION ENTITLED BGFO NTEU CHAPTER 202 NEWSLETTER, VOL. 1, NO. 2, JANUARY 1978. IN THAT PUBLICATION, UNDER MEMBERSHIP SERVICES, THE NTEU CHAPTER 202 STATED THAT: NON-MEMBERS WILL NOT GET LEGAL ASSISTANCE, NOR WILL PEOPLE WHO TRY TO JOIN THE SAME DAY THEY LEARN THAT THEY NEED HELP. IN THOSE CASES IT IS NATIONAL NTEU POLICY TO USE SHOP STEWARDS ONLY . . . A NATIONAL OFFICE LAWYER WILL NOT BE PROVIDED. AT AND SINCE THE TIME OF THE INCIDENT GIVING RISE TO THE INSTANT COMPLAINT, THE NTEU CHAPTER 202 WAS THE EXCLUSIVE REPRESENTATIVE OF A SINGLE BARGAINING UNIT OF NON-PROFESSIONAL EMPLOYEES LOCATED AT THE BGFO. ALTHOUGH THERE WAS NO NEGOTIATED AGREEMENT BETWEEN THE PARTIES, THERE WAS AN INTERIM AGREEMENT COVERING THE BGFO EMPLOYEES THAT PROVIDES VOLUNTARY DUES ALLOTMENTS AND A BARGAINING WAIVER. (2) IN CASE NO. 22-09102(CO), THE HEADQUARTERS, U.S. CUSTOMS SERVICE (CUSTOMS HEADQUARTERS) ALLEGES THAT THE NTEU CHAPTER 128, THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES AT THE CUSTOMS SERVICE HEADQUARTERS, VIOLATED SECTION 19(B)(1) OF THE ORDER WHEN IT ISSUED AND DISTRIBUTED TO UNIT EMPLOYEES THROUGHOUT CUSTOMS HEADQUARTERS, A PUBLICATION ENTITLED UNION TODAY, THE VOICE OF THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 128. PART OF THE PUBLICATION PERTAINED TO THE NTEU CHAPTER 128'S PROVIDING LEGAL ASSISTANCE TO UNIT EMPLOYEES IN CERTAIN WORK RELATED SITUATIONS. AMONG SEVERAL HYPOTHETICAL QUESTIONS AND ANSWERS WAS THE FOLLOWING WHICH THE CUSTOMS SERVICE ASSERTS IS VIOLATIVE OF SECTION 19(B)(1) OF THE ORDER. "I'LL BE REPRESENTED EVEN IF I DON'T JOINT" YOU ARE WRONG. NON-MEMBERS WILL NOT GET LEGAL ASSISTANCE, NOR WILL PEOPLE WHO TRY TO JOIN THE SAME DAY THEY LEARN THAT THEY NEED HELP. IN THOSE CASES, IT IS THE NTEU POLICY TO PROVIDE SHOP STEWARD ASSISTANCE ONLY . . . A LAWYER WILL NOT BE PROVIDED. (3) CASE NO. 70-6446(CO) INVOLVES REGION VIII OF THE U.S. CUSTOMS SERVICE WHICH IS HEADQUARTERED IN SAN FRANCISCO. NTEU CHAPTER 165 WAS THE EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL NON-PROFESSIONAL EMPLOYEES LOCATED IN THE REGION. ON OR ABOUT AUGUST 4, 1978, THE STAFF AND OFFICERS OF NTEU CHAPTER 165 ISSUED AN UNDATED NOTICE OF A UNION MEETING TO UNIT EMPLOYEES TO DISCUSS THE RECENTLY NEGOTIATED AGREEMENT BETWEEN NTEU AND REGION VIII. THE FOURTH PARAGRAPH OF THE LETTER STATES, IN PERTINENT PART: FOR NON-MEMBERS, THE CONTRACT WILL HAVE A SOMEWHAT DIFFERENT IMPACT. FOR THEM, IT MEANS THE FREE RIDE IS OVER. WHILE NEGOTIATIONS WERE IN PROGRESS, THE UNION'S PAID EMPLOYEES TOOK A RATHER LIBERAL STANCE AND PROVIDED THEIR SERVICES TO NON-MEMBERS. NOW, WITH THE CONTRACT IN FORCE, THE UNION CANNOT OFFER ANY SERVICES TO NON-MEMBERS THAT ARE PAID FOR BY THE DUES OF THE MEMBERS. AGAIN, THE MOST IMPORTANT OF THESE IS ARBITRATION. THIS WILL NOT BE AVAILABLE TO NON-MEMBERS SINCE THE COST OF ARBITRATORS IS SHARED EQUALLY BY THE UNION AND MANAGEMENT. ALSO, NON-MEMBERS WILL NOT BE ABLE TO UTILIZE THE SKILLS OF THE UNION ATTORNEYS WHICH COULD BE WORTH SEVERAL THOUSAND DOLLARS IN AN ADVERSE ACTION PROCEEDING . . . THE ABOVE-CITED NOTICE WAS DISTRIBUTED TO SOME UNIT EMPLOYEES IN REGION VIII HEADQUARTERS. REGION VIII FILED A UNFAIR LABOR PRACTICE COMPLAINT AGAINST CHAPTER 165 ASSERTING A VIOLATION OF SECTION 19(B)(1) BY VIRTUE OF THE POLICY PRONOUNCEMENTS MADE IN THE UNION'S NOTICE. WHILE THE INVESTIGATION WAS PENDING ON THE COMPLAINT IN CASE NO. 70-6446(CO), THE CUSTOMS SERVICE REQUESTED THAT THE REGION VIII CASE BE CONSOLIDATED WITH THE TWO ABOVE-NOTED CASES WHICH INVOLVED SIMILAR ALLEGED VIOLATIONS OF SECTION 19(B)(1). SUBSEQUENTLY, THE PARTIES AGREED TO SETTLE OUT OF HEARING PART OF THE ISSUE IN CASE NO. 70-6446(CO), /1/ AND, IN ADDITION, THE PARTIES AGREED TO AN EARLIER REQUEST OF THE CUSTOMS SERVICE TO CONSOLIDATE THE ISSUES IN THE REGION VIII CASE WITH THE SIMILAR ISSUES INVOLVED IN THE BGFO AND CUSTOMS HEADQUARTERS CASES AND THEY WERE SO CONSOLIDATED. IN THEIR STIPULATION, THE PARTIES ALSO STATED THEIR JOINT POSITION IN REGARD TO ALL THREE CASES, THAT IN THE MAJORITY OF THIRD PARTY CASES IN THE FEDERAL SECTOR, UNION REPRESENTATION IS GENERALLY PROVIDED BY UNION STEWARDS, UNION OFFICERS OF NON-ATTORNEY BUSINESS AGENTS, BUT THAT IN THE MAJORITY OF THIRD PARTY CASES IN THE FEDERAL SECTOR INVOLVING NTEU, UNION REPRESENTATION IS GENERALLY PROVIDED BY ATTORNEYS. FINDINGS AND CONCLUSIONS UNDER THE CIRCUMSTANCES OF THIS CASE, THE AUTHORITY FINDS THAT THE COMPLAINANTS HEREIN COULD PROPERLY BRING THE ACTIONS IN THE RESPECTIVE CASES AND THAT THE NTEU'S REPRESENTATION POLICY, AS EXPRESSED IN EACH OF THE THREE PUBLICATIONS NOTED ABOVE, IS VIOLATIVE OF SECTION 19(B)(1) OF THE ORDER. IN THIS REGARD, THE AUTHORITY NOTES FIRST THAT UNDER SECTION 1(A) OF THE ORDER EMPLOYEES HAVE THE RIGHT "TO FORM, JOIN, AND ASSIST A LABOR ORGANIZATION OR TO REFRAIN FROM SUCH ACTIVITY" AND TO BE PROTECTED IN THE EXERCISE OF THAT RIGHT; AND THAT AN AGENCY SHALL TAKE ACTION TO BOTH APPRISE EMPLOYEES OF THEIR RIGHTS AND TO ASSURE THAT "NO INTERFERENCE, RESTRAINT, COERCION OR DISCRIMINATION IS PRACTICED WITHIN THE AGENCY TO ENCOURAGE OR DISCOURAGE MEMBERSHIP IN A LABOR ORGANIZATION." /2/ NOTING THAT AN AGENCY'S OR ACTIVITY'S FAILURE TO FULFILL ITS OBLIGATIONS UNDER SECTION 1(A) MIGHT, IN CERTAIN CIRCUMSTANCES, RESULT IN AGENCY RESPONSIBILITY FOR AN UNFAIR LABOR PRACTICE UNDER SECTION 19(A) OF THE ORDER, IT IS THE AUTHORITY'S VIEW THAT THE AGENCY OR ACTIVITY HAS SUFFICIENT INTEREST, UPON BEING MADE AWARE OF THE UNIONS ALLEGED DISPARATE TREATMENT OF UNIT EMPLOYEES, TO FILE A COMPLAINT IN THE MATTER. ACCORDINGLY, THE AUTHORITY FINDS THAT THE COMPLAINANTS HEREIN HAVE STANDING TO, AND COULD PROPERLY, BRING THE RESPECTIVE UNFAIR LABOR PRACTICE COMPLAINTS. SECONDLY, THE AUTHORITY FINDS THAT THE THREE ABOVE-NOTED COMMUNICATIONS CONCERNING REPRESENTATION OF UNIT EMPLOYEES CONSTITUTE VIOLATIONS OF SECTION 19(B)(1) OF THE ORDER AS THEY, IN EACH INSTANCE, ESTABLISHED A POLICY OF DISPARATE TREATMENT AMONG EMPLOYEES IN THE EXCLUSIVELY RECOGNIZED UNITS, BASED SOLELY UPON UNION MEMBERSHIP. THUS, THE NATURE OF THE REPRESENTATION PROVIDED BY THE EXCLUSIVE REPRESENTATIVE IS BASED UPON NEITHER THE MERITS OF THE INDIVIDUAL SITUATION NOR THE SKILLS OF THE INDIVIDUAL REPRESENTATIVE SELECTED TO REPRESENT THE UNIT EMPLOYEES. /3/ SUCH CONDUCT IS INCONSISTENT WITH THE NTEU'S OBLIGATION TO REPRESENT "THE INTERESTS OF ALL EMPLOYEES IN THE UNIT WITHOUT DISCRIMINATION AND WITHOUT REGARD TO LABOR ORGANIZATION MEMBERSHIP" AS REQUIRED BY SECTION 10(E) OF THE ORDER AND IMPROPERLY INTERFERES WITH, RESTRAINS, AND COERCES NON-UNION EMPLOYEES IN THE EXERCISE OF THEIR RIGHT TO REFRAIN FROM JOINING THE NTEU. ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THE NTEU'S REPRESENTATION POLICY AS EXPRESSED IN THE THREE PUBLICATIONS VIOLATES SECTION 19(B)(1) OF THE ORDER AND THE AUTHORITY SHALL ISSUE APPROPRIATE REMEDIAL ORDERS INCLUDING NOTICES TO BE SIGNED BY THE NTEU'S PRESIDENT AND THE PRESIDENTS OF THE RESPECTIVE LOCALS. /4/ ORDER PURSUANT TO SECTION 2400.2 OF THE RULES AND REGULATIONS OF THE FEDERAL LABOR RELATIONS AUTHORITY AND SECTION 7135 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, THE AUTHORITY HEREBY ORDERS THAT THE NATIONAL TREASURY EMPLOYEES UNION AND THE NATIONAL EMPLOYEES UNION, CHAPTERS 128, 165 AND 202 SHALL: /5/ 1. CEASE AND DESIST FROM: (A) AFFORDING DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO EMPLOYEES IN UNITS OF EXCLUSIVE RECOGNITION SOLELY ON THE BASIS OF WHETHER OR NOT SUCH EMPLOYEES ARE MEMBERS OF THE NATIONAL TREASURY EMPLOYEES UNION, OR ONE OF ITS LOCALS. (B) IN ANY LIKE OR RELATED MANNER INTERFERING WITH, RESTRAINING, OF COERCING EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED. 2. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS IN ORDER TO EFFECTUATE THE PURPOSES AND POLICIES OF THE ORDER: (A) REPRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERSHIP IN THE NATIONAL TREASURY EMPLOYEES UNION OR ONE OF ITS LOCALS. (B) POST AT THE LOCAL BUSINESS OFFICES OF THE NATIONAL TREASURY EMPLOYEES UNION, LOCAL CHAPTERS 128, 165 AND 202, RESPECTIVELY, AND AT ALL PLACES WHERE NOTICES TO MEMBERS AND OTHER EMPLOYEES ARE CUSTOMARILY POSTED, INCLUDING FACILITIES PROVIDED BY THE RESPECTIVE ACTIVITIES, COPIES OF THE ATTACHED NOTICES MARKED "APPENDIX A, B, AND C" RESPECTIVELY, ON FORMS TO BE FURNISHED BY THE FEDERAL LABOR RELATIONS AUTHORITY. UPON RECEIPT OF SUCH FORMS, THEY SHALL BE SIGNED, AS INDICATED, BY THE PRESIDENT OF THE NATIONAL TREASURY EMPLOYEES UNION AND BY THE PRESIDENTS OF THE RESPECTIVE NATIONAL TREASURY EMPLOYEES UNION LOCALS AND THEY SHALL BE POSTED AND MAINTAINED BY THE LOCAL PRESIDENTS FOR 60 CONSECUTIVE DAYS THEREAFTER IN CONSPICUOUS PLACES, INCLUDING ALL PLACES WHERE NOTICES TO MEMBERS ARE CUSTOMARILY POSTED. THE RESPECTIVE LOCAL PRESIDENTS SHALL TAKE REASONABLE STEPS TO INSURE THAT SUCH NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. (C) SUBMIT THE APPROPRIATE SIGNED COPIES OF SAID NOTICE TO THE COMMISSIONER OF THE U.S. CUSTOMS SERVICE, WASHINGTON, D.C.,; THE REGIONAL COMMISSIONER OF THE U.S. CUSTOMS SERVICE, REGION VIII, SAN FRANCISCO, CALIFORNIA; AND THE COMMISSIONER OF THE BUREAU OF GOVERNMENT FINANCIAL OPERATIONS, WASHINGTON, D.C., FOR POSTING IN CONSPICUOUS PLACES, WHERE THE RESPECTIVE UNIT EMPLOYEES ARE LOCATED, WHERE THEY SHALL BE MAINTAINED FOR A PERIOD OF 60 CONSECUTIVE DAYS FROM THE DATE OF THE POSTING. (D) NOTIFY THE 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., AUGUST 30, 1979 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER FEDERAL LABOR RELATIONS AUTHORITY APPENDIX A NOTICE TO ALL MEMBERS AND 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 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR MEMBERS AND OTHER EMPLOYEES AT: DEPARTMENT OF THE TREASURY, HEADQUARTERS, BUREAU OF GOVERNMENT FINANCIAL OPERATIONS, WASHINGTON, D.C. WE WILL NOT AFFORD DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO EMPLOYEES IN EXCLUSIVELY RECOGNIZED UNITS, SOLELY ON THE BASIS OF WHETHER OR NOT EMPLOYEES ARE MEMBERS OF THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER. WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN, OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED. WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN, OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED. WE WILL REPRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERSHIP IN THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER. . . . (LABOR ORGANIZATION) DATED: . . . BY: . . . PRESIDENT DATED: . . . BY: . . . PRESIDENT, NATIONAL TREASURY EMPLOYEES UNION 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 MEMBERS OR EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: ROOM 416, VANGUARD BUILDING, P.O. BOX 19257, 1111 20TH ST., N.W., WASHINGTON, D.C., 20036, AND WHOSE TELEPHONE NUMBER IS: (202) 254-6581. APPENDIX B NOTICE TO ALL MEMBERS AND 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 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR MEMBERS AND OTHER EMPLOYEES AT: DEPARTMENT OF THE TREASURY, HEADQUARTERS, U.S. CUSTOMS SERVICE, WASHINGTON, D.C. WE WILL NOT AFFORD DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO EMPLOYEES IN EXCLUSIVELY RECOGNIZED UNITS, SOLELY ON THE BASIS OF WHETHER OR NOT EMPLOYEES ARE MEMBERS OF THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER. WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN, OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED. WE WILL REPRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERSHIP IN THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER. . . . (LABOR ORGANIZATION) DATED: . . . BY: . . . PRESIDENT DATED: . . . BY: . . . PRESIDENT, NATIONAL TREASURY EMPLOYEES UNION 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 MEMBERS OR EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: ROOM 416, VANGUARD BUILDING, P.O. BOX 19257, 1111 20TH ST., N.W., WASHINGTON, D.C., 20036, AND WHOSE TELEPHONE NUMBER IS: (202) 254-6581. APPENDIX C NOTICE TO ALL MEMBERS AND 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 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR MEMBERS AND OTHER EMPLOYEES AT: DEPARTMENT OF THE TREASURY, REGION VIII, U.S. CUSTOMS SERVICE, SAN FRANCISCO, CALIFORNIA WE WILL NOT AFFORD DIFFERING STANDARDS OF EMPLOYEE REPRESENTATION TO EMPLOYEES IN EXCLUSIVELY RECOGNIZED UNITS, SOLELY ON THE BASIS OF WHETHER OR NOT EMPLOYEES ARE MEMBERS OF THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER. WE WILL NOT IN ANY LIKE OR RELATED MANNER, INTERFERE WITH, RESTRAIN, OR COERCE EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS ASSURED BY SECTION 1(A) OF EXECUTIVE ORDER 11491, AS AMENDED. WE WILL PRESENT ALL BARGAINING UNIT EMPLOYEES ON AN EQUAL BASIS AND WITH THE SAME STANDARD OF REPRESENTATION WITHOUT REGARD TO MEMBERS IN THE NATIONAL TREASURY EMPLOYEES UNION, OR ITS LOCAL CHAPTER. . . . (LABOR ORGANIZATION) DATED: . . . BY: . . . PRESIDENT DATED: . . . BY: . . . PRESIDENT, NATIONAL TREASURY EMPLOYEES UNION 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 MEMBERS OR EMPLOYEES HAVE ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE WITH ANY OF ITS PROVISIONS, THEY MAY COMMUNICATE DIRECTLY WITH THE REGIONAL DIRECTOR OF THE FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: 450 GOLDEN GATE AVENUE, ROOM 11408, P.O. BOX 36016, SAN FRANCISCO, CA, 94102, AND WHOSE TELEPHONE NUMBER IS: (415) 556-8105. /1/ THE ISSUE SETTLED OUT OF HEARING CONCERNED THE NTEU, CHAPTER 165'S DENIAL OF ACCESS TO ARBITRATION TO NON-MEMBER UNIT EMPLOYEES. /2/ SECTION 1(A) STATES IN PERTINENT PART: EACH EMPLOYEE OF THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT HAS THE RIGHT, FREELY AND WITHOUT FEAR OF PENALTY OR REPRISAL, TO FORM, JOIN, AND ASSIST A LABOR ORGANIZATION OR TO REFRAIN FROM ANY SUCH ACTIVITY, AND EACH EMPLOYEE SHALL BE PROTECTED IN THE EXERCISE OF THIS RIGHT . . . THE HEAD OF EACH AGENCY SHALL TAKE THE ACTION REQUIRED TO ASSURE THAT EMPLOYEES IN THE AGENCY ARE APPRISED OF THEIR RIGHTS UNDER THIS SECTION, AND THAT NO INTERFERENCE, RESTRAINT, COERCION, OR DISCRIMINATION IS PRACTICED WITHIN HIS AGENCY TO ENCOURAGE OR DISCOURAGE MEMBERSHIP IN A LABOR ORGANIZATION. /3/ THIS IS NOT TO SAY THAT REPRESENTATION BY NON-ATTORNEYS WOULD NOT BE AS GOOD OR BETTER THAN REPRESENTATION BY ATTORNEYS IN ANY SPECIFIC CASE, BUT RATHER THAT THE NTEU'S POLICY OF DISPARATE TREATMENT BASED SOLELY UPON UNION MEMBERSHIP IS, IN THE CIRCUMSTANCES OF THIS CASE, VIOLATIVE OF THE ORDER. /4/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT OF 1978 (92 STAT. 1224), THE PRESENT CASE IS DECIDED SOLELY ON THE BASIS OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED. THE DECISION AND ORDER DOES NOT PREJUDGE IN ANY MANNER EITHER THE MEANING OR APPLICATION OR RELATED PROVISIONS IN THE NEW STATUTE OR THE RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE CASE HAD ARISEN UNDER THE STATUTE RATHER THAN THE EXECUTIVE ORDER. /5/ SUBSEQUENT TO THE FILING OF THE COMPLAINTS IN THE TWO CUSTOMS SERVICE CASES, CHAPTERS 128 AND 165 WERE CONSOLIDATED INTO A NATIONWIDE UNIT OF CUSTOMS SERVICE EMPLOYEES PURSUANT TO THE ELECTION ORDERED IN U.S. CUSTOMS SERVICE, WASHINGTON, D.C., A/SLMR 991(1978).