[ v09 p529 ]
09:0529(62)CA
The decision of the Authority follows:
9 FLRA No. 62
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO
AND FIREARMS
Respondent
and
NATIONAL TREASURY EMPLOYEES UNION
AND NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 89
Charging Party
CASE NOS. 2-CA-213
2-CA-314
2-CA-381
2-CA-409
2-CA-410
2-CA-411
DECISION AND ORDER
THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
DIRECTOR'S "ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
AUTHORITY" IN ACCORDANCE WITH SECTION 2429.1(A) OF THE AUTHORITY'S RULES
AND REGULATIONS.
UPON CONSIDERATION OF THE ENTIRE RECORD IN THESE CASES, INCLUDING THE
PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS AND BRIEFS
SUBMITTED BY THE RESPONDENT, THE CHARGING PARTY AND THE GENERAL COUNSEL,
THE AUTHORITY FINDS:
THE CONSOLIDATED COMPLAINT HEREIN ALLEGES THAT THE RESPONDENT
VIOLATED SECTION 7116(A)(1), (5) AND (8) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) /1/ BY FAILING AND
REFUSING TO PROVIDE EMPLOYEES SERVING AS UNION NEGOTIATORS WITH OFFICIAL
TIME FOR TIME SPENT IN NEGOTIATIONS WITH RESPONDENT AND FOR TRAVEL TIME
TO AND FROM SUCH NEGOTIATIONS AND BY FAILING TO REIMBURSE SUCH EMPLOYEES
FOR PER DIEM AND TRAVEL EXPENSES INCURRED IN CONNECTION WITH
NEGOTIATIONS WITH THE RESPONDENT.
THE NATIONAL TREASURY EMPLOYEES UNION (NTEU), CHAPTER 89, IS THE
EXCLUSIVE REPRESENTATIVE OF A UNIT OF ALL NONPROFESSIONAL GENERAL
SCHEDULE AND WAGE GRAD EMPLOYEES EMPLOYED BY THE REGIONAL OFFICES OF THE
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY AND
EXCLUDING ALL MANAGEMENT OFFICIALS, SUPERVISORS, CONFIDENTIAL EMPLOYEES,
PROFESSIONAL EMPLOYEES, ALL EMPLOYEES OF THE CRIMINAL ENFORCEMENT
DIVISIONS OF THE VARIOUS REGIONS OF THE BUREAU OF ALCOHOL, TOBACCO AND
FIREARMS, EMPLOYEES ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY AND GUARDS. LAWRENCE A. DILLON, AN INSPECTOR EMPLOYED
BY THE RESPONDENT IN NEWARK, NEW JERSEY, IS THE PRESIDENT OF THE UNION
AND PATRICIA I. DONOHUE, AN A.T.F. SPECIALIST OF THE RESPONDENT IN
PHILADELPHIA, PENNSYLVANIA, IS A SHOP STEWARD.
DILLON WAS INFORMED BY A LETTER FROM THE RESPONDENT, DATED SEPTEMBER
13, 1979, THAT IT WAS PROPOSING THE IMPLEMENTATION OF A COMPRESSED WORK
WEEK PLAN COVERING THE BARGAINING UNIT EMPLOYEES. AFTER SOME
DISCUSSION, IT WAS AGREED THAT THE RESPONDENT AND THE UNION WOULD MEET
ON SEPTEMBER 28, 1979, TO NEGOTIATE THE PROPOSED PLAN. SOME TIME PRIOR
TO SEPTEMBER 28, 1979, DILLON INFORMED DONOHUE THAT SHE WOULD BE ON THE
NEGOTIATING TEAM.
ON OR ABOUT SEPTEMBER 27, 1979, DILLON SUBMITTED A WRITTEN REQUEST
FOR 8 HOURS OF OFFICIAL TIME IN ORDER TO PARTICIPATE IN THE SEPTEMBER 28
NEGOTIATIONS. THE REQUEST WAS REJECTED BY HIS SUPERVISOR. ON OR ABOUT
SEPTEMBER 28, 1979, DONOHUE SUBMITTED A WRITTEN REQUEST FOR 1 1/2 HOURS
OF OFFICIAL TIME IN ORDER TO PARTICIPATE IN THE SEPTEMBER 28
NEGOTIATIONS, WHICH WAS DENIED BY HER SUPERVISOR.
ON SEPTEMBER 28, 1979, A MEETING WAS HELD AT THE RESPONDENT'S
REGIONAL OFFICE IN PHILADELPHIA, PENNSYLVANIA, TO NEGOTIATE THE IMPACT
AND IMPLEMENTATION OF THE PROPOSED COMPRESSED WORK SCHEDULE PLAN. THE
MEETING LASTED 1 1/2 HOURS AND WAS ATTENDED BY DILLON AND DONOHUE,
REPRESENTING THE UNION, AND FIVE MANAGEMENT OFFICIALS. ON OCTOBER 27,
1979, DILLON SENT A LETTER TO THE RESPONDENT AGREEING TO THE PROPOSED
COMPRESSED WORK WEEK PLAN.
BOTH DILLON AND DONOHUE WERE REQUIRED TO TAKE ANNUAL LEAVE FOR THE
TIME SPENT AT THE SEPTEMBER 28 NEGOTIATIONS. DILLON'S TOTAL TRAVEL TIME
BETWEEN HIS PLACE OF RESIDENCE, PLACE OF THE MEETING AND HIS RETURN TO
HIS RESIDENCE WAS 5 HOURS. HE TRAVELED BY BUS, TRAIN AND SUBWAY.
ON DECEMBER 24, 1979, DILLON RECEIVED A LETTER FROM THE RESPONDENT
ADVISING HIM THAT IT WAS PROPOSING THREE ORGANIZATIONAL CHANGES WHICH
AFFECTED BARGAINING UNIT EMPLOYEES. A MEETING WAS SCHEDULED FOR JANUARY
23, 1980, TO NEGOTIATE THE PROPOSED CHANGES.
ON OR ABOUT JANUARY 22, 1980, DILLON SUBMITTED A WRITTEN REQUEST FOR
8 HOURS OF OFFICIAL TIME TO PARTICIPATE IN THE UPCOMING JANUARY 23
NEGOTIATIONS. THE REQUEST WAS DENIED BY HIS SUPERVISOR. DILLON THEN
SUBMITTED A WRITTEN REQUEST FOR 8 HOURS OF ANNUAL LEAVE TO PARTICIPATE
IN THE NEGOTIATIONS AND THE REQUEST WAS APPROVED.
ON JANUARY 23, 1980, THE MEETING WAS HELD IN PHILADELPHIA AND WAS
ATTENDED BY DILLON, REPRESENTING THE UNION, AND THREE MANAGEMENT
OFFICIALS. THE MEETING LASTED 1 1/2 HOURS AND DILLON'S TOTAL TRAVEL
TIME AGAIN WAS 5 HOURS USING THE SAME MEANS OF TRANSPORTATION AS
DESCRIBED ABOVE.
A SECOND NEGOTIATING SESSION WAS HELD ON FEBRUARY 7, 1980, IN UNION,
NEW JERSEY, TO NEGOTIATE THE IMPACT AND IMPLEMENTATION OF THE REMAINDER
OF THE PROPOSED ORGANIZATIONAL CHANGES. IN ATTENDANCE WERE DILLON,
REPRESENTING THE UNION, AND TWO MANAGEMENT OFFICIALS. THE MEETING
LASTED 1 1/2 HOURS AND DILLON'S TOTAL TRAVEL TIME WAS 30 MINUTES, BY
MEANS OF HIS PRIVATE AUTOMOBILE.
ON OR ABOUT FEBRUARY 7, 1980, DILLON SUBMITTED A WRITTEN REQUEST FOR
2 HOURS OF OFFICIAL TIME TO ATTEND THE NEGOTIATIONS WHICH WERE HELD ON
FEBRUARY 7, 1980. THE REQUEST WAS DENIED BY HIS SUPERVISOR. DILLON
THEN SUBMITTED A WRITTEN REQUEST FOR 2 HOURS OF ANNUAL LEAVE AND THE
REQUEST WAS APPROVED.
ON OR ABOUT MARCH 4, 1980, DILLON SUBMITTED TRAVEL VOUCHERS TO THE
RESPONDENT FOR PER DIEM AND TRAVEL EXPENSES IN CONNECTION WITH THE
NEGOTIATING SESSIONS HELD ON SEPTEMBER 28, 1979, AND JANUARY 23, 1980.
ON OR ABOUT MARCH 6, 1980, DILLON SUBMITTED A TRAVEL VOUCHER FOR PER
DIEM AND TRAVEL EXPENSES FOR THE FEBRUARY 7, 1980, NEGOTIATING SESSION.
DILLON WAS THEN INFORMED BY HIS SUPERVISOR THAT THE RESPONDENT REQUIRED
AN EXPLANATION OF THE TRAVEL STATED ON THE TWO VOUCHERS SUBMITTED. ON
MARCH 28, 1980, DILLON SUBMITTED THREE MEMORANDA TO HIS SUPERVISOR
EXPLAINING THE NATURE OF HIS TRAVEL. ON APRIL 10, 1980, THE RESPONDENT
RETURNED DILLON'S TRAVEL VOUCHERS TO HIM ALONG WITH A MEMORANDUM FROM
THE REGIONAL ADMINISTRATIVE OFFICER INFORMING DILLON THAT SINCE TRAVEL
FOR WHICH HE HAD REQUESTED REIMBURSEMENT WAS IN RELATION TO HIS
RESPONSIBILITIES AND DUTIES AS NTEU CHAPTER 89 PRESIDENT, THE EXPENSES
INCURRED IN SUCH TRAVEL WERE NOT REIMBURSABLE IN THE OPINION OF THE
RESPONDENT.
UNFAIR LABOR PRACTICE CHARGES WERE FILED BY THE UNION IN SIX SEPARATE
CASES ALLEGING THAT THE RESPONDENT VIOLATED SECTION 7116(A)(1), (5) AND
(8) OF THE STATUTE BY FAILING AND REFUSING TO AUTHORIZE OFFICIAL TIME
AND TRAVEL AND PER DIEM EXPENSES WITHIN THE PROVISIONS OF SECTION
7131(A) OF THE STATUTE /2/ FOR UNION REPRESENTATIVES DILLON AND DONOHUE,
REGARDING THEIR ATTENDANCE AT THE RESPECTIVE MID-TERM IMPACT AND
IMPLEMENTATION NEGOTIATIONS ON SEPTEMBER 28, 1979, JANUARY 23, 1980, AND
FEBRUARY 7, 1980. UPON AN INVESTIGATION, THE GENERAL COUNSEL ISSUED AN
AMENDED CONSOLIDATED COMPLAINT ALLEGING THAT THE RESPONDENT HAD FAILED
AND REFUSED TO PROVIDE DILLON AND DONOHUE OFFICIAL TIME, AND DILLON
TRAVEL AND PER DIEM EXPENSES. CITING THE AUTHORITY'S INTERPRETATION AND
GUIDANCE, 2 FLRA 264 (1979), AND 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), THE GENERAL COUNSEL AND THE UNION CONTEND THAT THE
MID-TERM COLLECTIVE BARGAINING CONSTITUTED OFFICIAL GOVERNMENT BUSINESS
WITHIN THE MEANING OF SECTION 7131 AND THAT THE FAILURE AND REFUSAL TO
PROVIDE OFFICIAL TIME AND TRAVEL AND PER DIEM EXPENSES VIOLATED SECTION
7116(A)(1), (5) AND (8) OF THE STATUTE.
THE AUTHORITY DISCUSSED POLICIES SET OUT IN INTERPRETATION AND
GUIDANCE, WITH REGARD TO OFFICIAL TIME AND TRAVEL AND PER DIEM EXPENSES
PURSUANT TO SECTION 7131 OF THE STATUTE IN FLORIDA NATIONAL GUARD, /3/ A
CASE DECIDED AFTER THE SUBMISSION OF THE RECORD IN THE INSTANT CASES.
IN FLORIDA NATIONAL GUARD, WHICH INVOLVED ATTENDANCE AT AN IMPASSE
PROCEEDING, THE AUTHORITY FOUND THAT TRAVEL TIME IS PROPERLY INCLUDED IN
OFFICIAL TIME AND THAT PAYMENT FOR TRAVEL AND PER DIEM EXPENSES WAS
REQUIRED PURSUANT TO SECTION 7131(A). THE AUTHORITY ALSO FOUND THEREIN
THAT IT HAD JURISDICTION IN SUCH MATTERS, INCLUDING THE PAYMENT OF
MONETARY ALLOWANCES UNDER SUCH CIRCUMSTANCES, CONTRARY TO THE
RESPONDENT'S ARGUMENT IN THIS CASE.
WITH REGARD TO THE RESPONDENT'S CONTENTION THAT MID-TERM IMPACT AND
IMPLEMENTATION NEGOTIATIONS ARE NOT INCLUDED UNDER SECTION 7131, THE
AUTHORITY IN THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS CASE, AGREEING
WITH THE ADMINISTRATIVE LAW JUDGE, ORDERED THE ACTIVITY TO PROVIDE AN
EMPLOYEE SERVING AS A UNION REPRESENTATIVE OFFICIAL TIME AND PAY HIM
TRAVEL AND PER DIEM EXPENSES PURSUANT TO SECTION 7131(A) OF THE STATUTE
FOR TIME SPENT IN NEGOTIATIONS ON THE IMPACT OF A CHANGE WHICH OCCURRED
DURING THE TERM OF THE PARTIES' CONTRACT. ACCORDINGLY, THE AUTHORITY
FINDS THE EMPLOYEES SERVING AS UNION REPRESENTATIVES IN THE INSTANT
CASES ARE SIMILARLY ENTITLED TO OFFICIAL TIME AND TRAVEL AND PER DIEM
EXPENSES PURSUANT TO SECTION 7131(A) OF THE STATUTE.
THE RESPONDENT RAISES BY WAY OF DEFENSE THE ARGUMENT THAT THE
AUTHORITY'S INTERPRETATION AND GUIDANCE MAY NOT BE APPLIED UNDER ANY
CIRCUMSTANCES WITH RESPECT TO THE SEPTEMBER 28, 1979, NEGOTIATION
SESSION SINCE IT WOULD REQUIRE RETROACTIVE APPLICATION, CONTRARY TO THE
RULEMAKING PROCEDURES UNDER THE ADMINISTRATIVE PROCEDURE ACT. THE
AUTHORITY IS NOT PERSUADED BY THIS ARGUMENT, AS THE INTERPRETATION AND
GUIDANCE WAS NOT AN EXERCISE OF RULEMAKING BUT WAS RATHER AN
INTERPRETATION OF THE STATUTE.
ACCORDINGLY, IN VIEW OF THE FOREGOING, THE AUTHORITY CONCLUDES THAT
THE RESPONDENT, BY ITS FAILURE AND REFUSAL TO PROVIDE UNION
REPRESENTATIVES LAWRENCE A. DILLON AND PATRICIA I. DONOHUE WITH
APPROPRIATE OFFICIAL TIME AND LAWRENCE A. DILLON WITH TRAVEL AND PER
DIEM EXPENSES WHILE ATTENDING MID-TERM IMPACT AND IMPLEMENTATION
NEGOTIATIONS ON SEPTEMBER 28, 1979, JANUARY 23, 1980, AND FEBRUARY 7,
1980, FAILED AND REFUSED TO COMPLY WITH THE PROVISIONS OF SECTION 7131
OF THE STATUTE IN VIOLATION OF SECTION 7116(A)(1) AND (8) OF THE
STATUTE. /4/
ORDER
PURSUANT TO SECTION 2423.29 OF THE FEDERAL LABOR RELATIONS
AUTHORITY'S RULES AND REGULATIONS AND SECTION 7118 OF THE STATUTE, THE
AUTHORITY HEREBY ORDERS THAT THE DEPARTMENT OF THE TREASURY, BUREAU OF
ALCOHOL, TOBACCO AND FIREARMS SHALL:
1. CEASE AND DESIST FROM:
(A) FAILING OR REFUSING AS REQUIRED BY SECTION 7131(A) OF THE STATUTE
TO PROVIDE OFFICIAL TIME TO LAWRENCE A. DILLON AND PATRICIA I. DONOHUE,
OR ANY OTHER EMPLOYEE FOR TIME ENGAGED IN REPRESENTING THE NATIONAL
TREASURY EMPLOYEES UNION, CHAPTER 89, THE EMPLOYEES' EXCLUSIVE
REPRESENTATIVE, DURING UNION-AGENCY MID-TERM IMPACT AND IMPLEMENTATION
NEGOTIATIONS, AND TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED TRAVEL AND
PER DIEM EXPENSES INCURRED BY LAWRENCE A. DILLON, OR ANY OTHER
EMPLOYEE, AS A RESULT OF HIS PARTICIPATION, ON OFFICIAL TIME, AS DULY
DESIGNATED REPRESENTATIVE OF THE EXCLUSIVE REPRESENTATIVE, IN
UNION-AGENCY NEGOTIATIONS.
(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 LAWRENCE A. DILLON OFFICIAL TIME OF
6 1/2 HOURS PER DAY FOR SEPTEMBER 28, 1979, AND JANUARY 23, 1980, AND 2
HOURS FOR FEBRUARY 7, 1980, FOR TIME ENGAGED IN REPRESENTING THE
EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS, AND ADJUST
THE ANNUAL LEAVE CHARGED TO HIM ACCORDINGLY.
(B) PROVIDE UNION REPRESENTATIVE PATRICIA I. DONOHUE OFFICIAL TIME OF
1 1/2 HOURS FOR SEPTEMBER 28, 1979, FOR TIME ENGAGED IN REPRESENTING THE
EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS, AND ADJUST
THE ANNUAL LEAVE CHARGED TO HER ACCORDINGLY.
(C) PROVIDE PAYMENT TO LAWRENCE A. DILLON IN REIMBURSEMENT OF THE
PROPERLY DOCUMENTED CLAIMS HE HAS SUBMITTED FOR PAYMENT OF THE TRAVEL
AND PER DIEM EXPENSES HE HAS INCURRED AS A RESULT OF HIS PARTICIPATION,
ON OFFICIAL TIME, AS A DULY DESIGNATED REPRESENTATIVE OF THE EXCLUSIVE
REPRESENTATIVE, IN UNION-AGENCY NEGOTIATION SESSIONS ON SEPTEMBER 28,
1979, JANUARY 23, 1980, AND FEBRUARY 7, 1980.
(D) POST AT ALL OF ITS OFFICES IN THE MID-ATLANTIC REGION WHERE UNIT
EMPLOYEES ARE LOCATED, 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 REGIONAL ADMINISTRATIVE OFFICER,
DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, AND
SHALL BE POSTED AND MAINTAINED BY HIM FOR 60 CONSECUTIVE DAYS THEREAFTER
IN CONSPICUOUS PLACES, INCLUDING ALL BULLETIN BOARDS AND OTHER PLACES
WHERE NOTICES TO EMPLOYEES ARE CUSTOMARILY POSTED. THE REGIONAL
ADMINISTRATIVE OFFICER SHALL TAKE REASONABLE STEPS TO INSURE THAT SAID
NOTICES ARE NOT ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL.
(E) PURSUANT TO SECTION 2423.30 OF THE AUTHORITY'S RULES AND
REGULATIONS, NOTIFY THE REGIONAL DIRECTOR, REGION II, 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 OFFICIAL TIME TO LAWRENCE A.
DILLON AND PATRICIA I. DONOHUE, OR ANY OTHER EMPLOYEE FOR TIME ENGAGED
IN REPRESENTING THE NATIONAL TREASURY EMPLOYEES UNION, CHAPTER 89, THE
EMPLOYEES' EXCLUSIVE REPRESENTATIVE, DURING UNION-AGENCY NEGOTIATIONS OR
TO PROVIDE PAYMENT OF PROPERLY DOCUMENTED TRAVEL AND PER DIEM EXPENSES
INCURRED BY LAWRENCE A. DILLON, OR ANY OTHER EMPLOYEE, AS A RESULT OF
HIS PARTICIPATION, ON OFFICIAL TIME, AS DULY DESIGNATED REPRESENTATIVE,
IN UNION-AGENCY NEGOTIATIONS. 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 LAWRENCE A. DILLON OFFICIAL TIME OF 6 1/2 HOURS PER DAY
FOR SEPTEMBER 28, 1979, AND JANUARY 23, 1980, AND 2 HOURS FOR FEBRUARY
7, 1980, FOR TIME ENGAGED IN REPRESENTING THE EXCLUSIVE REPRESENTATIVE
DURING UNION-AGENCY NEGOTIATIONS, AND ADJUST THE ANNUAL LEAVE CHARGED TO
HIM ACCORDINGLY. WE WILL PROVIDE UNION REPRESENTATIVE PATRICIA I.
DONOHUE OFFICIAL TIME OF 1 1/2 HOURS FOR SEPTEMBER 23, 1979, FOR TIME
ENGAGED IN REPRESENTING THE EXCLUSIVE REPRESENTATIVE, DURING
UNION-AGENCY NEGOTIATIONS, AND ADJUST THE ANNUAL LEAVE CHARGED TO HER
ACCORDINGLY. WE WILL PROVIDE PAYMENT TO LAWRENCE A. DILLON IN
REIMBURSEMENT OF THE PROPERLY DOCUMENTED CLAIMS HE HAS SUBMITTED TO US
FOR PAYMENT OF THE TRAVEL AND PER DIEM EXPENSES HE HAS INCURRED AS A
RESULT OF HIS PARTICIPATION, ON OFFICIAL TIME, AS A DULY DESIGNATED
REPRESENTATIVE OF THE EXCLUSIVE REPRESENTATIVE, IN UNION-AGENCY
NEGOTIATION SESSIONS ON SEPTEMBER 28, 1979, JANUARY 23, 1980, AND
FEBRUARY 7, 1980.
(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 II, FEDERAL LABOR RELATIONS AUTHORITY, WHOSE ADDRESS IS: ROOM
241, 26 FEDERAL PLAZA, NEW YORK, NEW YORK 10278, AND WHOSE TELEPHONE
NUMBER IS: (212) 264-4934.
--------------- FOOTNOTES$ ---------------
/1/ SECTION 7116(A)(1), (5) AND (8) OF THE STATUTE PROVIDES:
SEC. 7116. UNFAIR LABOR PRACTICES
(A) FOR THE PURPOSE OF THIS CHAPTER, IT SHALL BE AN UNFAIR LABOR
PRACTICE FOR AN AGENCY--
(1) TO INTERFERE WITH, RESTRAIN, OR COERCE ANY EMPLOYEE IN THE
EXERCISE BY THE EMPLOYEE OF
ANY RIGHT UNDER THIS CHAPTER;
. . . .
(8) TO OTHERWISE FAIL OR REFUSE TO COMPLY WITH ANY PROVISION OF THIS
CHAPTER(.)
(5) TO REFUSE TO CONSULT OR NEGOTIATE IN GOOD FAITH WITH A LABOR
ORGANIZATION AS REQUIRED
BY THIS CHAPTER;
/2/ SECTION 7131(A) PROVIDES IN PERTINENT PART, AS FOLLOWS:
SEC. 7131. OFFICIAL TIME
(A) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE IN THE
NEGOTIATION OF A
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.
/3/ FLORIDA NATIONAL GUARD, 5 FLRA NO. 49 (1981), APPEAL DOCKETED,
NO. 81-5466 (5TH CIR. MAY 18, 1981). SEE ALSO, U.S. DEPARTMENT OF
AGRICULTURE, SCIENCE AND EDUCATION ADMINISTRATION, AGRICULTURAL
RESEARCH, NORTH CENTRAL REGION, DAKOTAS-ALASKA AREA, 6 FLRA NO. 45
(1981), APPEAL DOCKETED, NO. 81-1948 (8TH CIR. SEPT. 4, 1981).
/4/ BASED ON THE ABOVE OUTCOME, WHICH FULLY REMEDIES THE VIOLATION
FOUND HEREIN, THE AUTHORITY FINDS IT UNNECESSARY TO DECIDE WHETHER SUCH
CONDUCT ALSO VIOLATED SECTION 7116(A)(5) OF THE STATUTE.