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62 FLRA No. 56
National Treasury Employees Union and United States Department of the Treasury, United States Customs Service, 0-NG-2615 (December 14, 2007)
This case is on remand from the United States Court of Appeals for the District of Columbia Circuit in National Treasury Employees Union v. FLRA, 404 F.3d 454 (D.C. Cir. 2005). The issue concerns a proposal which would permit the overnight storage of Agency-authorized firearms in a lock box or other secure storage container at all Agency offices where armed employees work or are assigned. The court determined that the Authority did not sufficiently support its conclusion that the proposal excessively interfered with the Agency's right to determine its internal security practices, and remanded to determine whether the proposal constitutes an appropriate arrangement pursuant to § 7106(b)(3) of the Statute.
The Authority determined that the proposal was an appropriate arrangement because the proposal does not excessively interfere with the Agency's right to determine its internal security practices. Accordingly, the Authority concluded that the proposal is within the duty to bargain, and ordered the Agency, on request, to bargain regarding the proposal.