[ 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).