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10:0637(104)CA
The decision of the Authority follows:
10 FLRA No. 104
INTERNAL REVENUE SERVICE
AND IRS RICHMOND DISTRICT
Respondent
and
NATIONAL TREASURY EMPLOYEES UNION
Charging Party
Case No. 3-CA-1793
DECISION AND ORDER
This matter is before the Authority pursuant to the Regional
Director's "Order Transferring Case to the Authority" in accordance with
section 2429.1(a) of the Authority's Rules and Regulations.
Upon consideration of the entire record in this case, including the
stipulation of facts and the parties' contentions, the Authority finds:
The complaint alleges that the Respondent violated section
7116(a)(1), (5) and (8) of the Federal Service Labor-Management
Relations Statute (the Statute) when it refused to participate in the
arbitration of an employee's grievance. The grievance was initiated by
the Charging Party (NTEU) on behalf of employee Sandra West on April 25,
1978. On November 14, 1978, NTEU notified the Respondent (IRS) that it
was invoking arbitration in the matter. By letter dated October 31,
1980, IRS informed NTEU that it would not be a party to the arbitration
inasmuch as the grievant had become a supervisor almost one year
earlier. NTEU notified IRS that, because the grievance had arisen while
the employee was still in the bargaining unit, it intended to pursue
arbitration. IRS, however, notified the arbitrator that it would not
take part in the arbitration and considered the proceedings terminated.
In Department of Labor, Employment Standards Administrative/Wage and
Hour Division, Washington, D.C., 10 FLRA No. 60 (1982), the Authority
found that a refusal by either party to participate in the negotiated
contractual procedures for the settlement of grievances, including
arbitration, conflicts with the requirements of section 7121 of the
Statute and therefore is violative of section 7116(a)(1) and (8) of the
Statute. With respect to the instant case, the Authority finds that,
based on the reasons fully set forth in Department of Labor, by its
actions in refusing to proceed to arbitration the Respondent failed to
comply with the requirements of section 7121 and therefore violated
section 7116(a)(1) and (8) of the Statute. /1/
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Federal
Service Labor-Management Relations Statute, the Authority hereby orders
that the Internal Revenue Service and IRS Richmond District, shall:
1. Cease and desist from:
(a) Refusing or failing to proceed to arbitration regarding a
grievance filed by the National Treasury Employees Union, the exclusive
representative of its employees, contrary to the requirements of section
7121 of the Federal Service Labor-Management Relations Statute, after
receiving timely notice of the exclusive representative's desire to
invoke arbitration.
(b) In any like or related manner interfering with, restraining, or
coercing 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, proceed to arbitration regarding the grievance
filed by the National Treasury Employees Union on behalf of Sandra L.
West.
(b) Post at its Richmond, Virginia, facility, 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 an
authorized representative and shall be posted and maintained for 60
consecutive days thereafter, in conspicuous places, including all
bulletin boards and other places where notices to employees are
customarily posted. Reasonable steps shall be taken to insure that such
Notices are not altered, defaced, or covered by any other material.
(c) Notify the Regional Director of Region III, 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., December 10, 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 refuse or fail to proceed to arbitration regarding a
grievance filed by the National Treasury Employees Union, the exclusive
representative of our employees, contrary to the requirements of section
7121 of the Federal Service Labor-Management Relations Statute, after
receiving timely notice of the exclusive representative's desire to
invoke arbitration.
WE WILL NOT in any like or related manner interfere with, restrain,
or coerce employees in the exercise of their rights assured by the
Federal Service Labor-Management Relations Statute.
WE WILL, upon request, proceed to arbitration regarding the grievance
filed by the National Treasury Employees Union on behalf of Sandra L.
West.
(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 III, Federal Labor Relations Authority, whose
address is: P.O. Box 33758, Washington, D.C. 20033-0758, and whose
telephone number is: (202) 653-8507.
--------------- FOOTNOTES$ ---------------
/1/ In view of this conclusion, it is not necessary to consider
whether the Respondent's conduct also constituted a violation of section
7116(a)(5).