Access  |  Clearance  |  Complaint  |  Information
Interrogations/Investigations  |  Liability  |  Searches/Inspections  |  Miscellaneous

1. Giving union officers clearance to enter all work areas. NTEU, 7 FLRA 275, Proposal 1, Article 6, Section 3(K)(2) [NN]
2. Providing employees, other than the one designated, access to supplies. NTEU, Chapter 52, 9 FLRA 685 [NN]
3. Granting employees access to the roof of the facility. AFSCME, AFL–CIO, Local 2910, 15 FLRA 612 [NN]
4. Methods management will use to limit access into a building and prohibiting door alarms. AFGE, AFL–CIO, Local 12, 17 FLRA 674, Proposals 6(f) and 6(h) [NN]
5. Prohibiting the use of devices described by the union as electrical or timekeeping for access to a specified work area. Federal Union of Scientists and Engineers, NAGE, 26 FLRA 404 [NN]
6. Requiring management to sign for courier packages for bargaining unit employees at the main entrances of buildings in order to prevent entry of unauthorized or dangerous persons into the agency's facilities. NFFE, Local 2050, 36 FLRA 618, Proposal 24 [N]
7. Security measures to be used at the gates admitting unit employees to the flight line area. AFGE, Local 987, 37 FLRA 197, Part 1 of two-part single proposal [NN]
8. Providing employees with a means of obtaining access to their work areas on a 7–day/24 hour basis. POPA, 41 FLRA 795, Provision 12 (second sentence) [N]
9. Requiring the agency to take steps to ensure that unauthorized employees do not have access to information in the Agency’s Data Integration System, and to change the passwords on the system in accordance with applicable laws. NFFE, Local 1482, 44 FLRA 637, Proposal 1 [N]
10. Requiring the agency to establish certain internal security policies and practices to:  (1) protect personal information contained in the Agency's Data Integration System from unauthorized use, modification, destruction or disclosure; and (2) safeguard personal information contained in automated records including input and output documents, reports, magnetic tapes, disks, and on–line computer storage, in order to prevent such information from being accessed or disclosed improperly. NFFE, Local 1482, 44 FLRA 637, Proposal 2 [N]
11. Concerning the union’s access to information contained in the Agency’s Data Integration System. NFFE, Local 1482, 44 FLRA 637, Proposal 3 [N]
12. Requiring the use of an electronic access system to secure law office suites. NTEU, 53 FLRA 539, Article 14, Section 2(E) [NN, (a)(l)]

Clearance

1. Management to do away with the visible display of identification badges or requiring that identification cards be carried and produced only when challenged. AFGE, AFL–CIO, Local 15, 2 FLRA 875 [NN]
2. In the event of a RIF, agency to facilitate the security clearance process by performing necessary administrative requirements. AFGE, National GSA Council No. 236, Local 1497, 24 FLRA 928, Proposal 3 [N]
3. Agency to set up a shop where employees who lose or cannot get a security clearance can work. AFGE, National GSA Council No. 236, Local 1497, 24 FLRA 928, Proposal 4 [N]
4. Requiring employees to wear identification cards only when they are in nonpublic areas of agency buildings. AFSCME, Local 2910 & 2477, 49 FLRA 834 [NN, (a)(l)]
5. Requiring employees to present identification only when entering or leaving buildings. NFFE, Local 1655, 49 FLRA 874, Provision 8, Article 34, Section 4 [NN, (a)(l)]

Complaint

1. Employee to be notified of a written complaint not containing an allegation of criminal misconduct received by management as soon as practicable following the receipt of the complaint, and, upon request, be furnished a copy of the complaint and management’s response thereto. NTEU, 9 FLRA 983, Article 3, Section 13 [N]
2. Citizens or deputies filing a complaint or bringing a serious charge against a deputy U.S. Marshal should sign a prepared statement stating the alleged charge in the complaint is true; that if the complainant knowingly falsifies, misrepresents, or lies, he or she should receive a harsh discipline, if a deputy, and prosecuted by the U.S. Attorney if a citizen; and that the complaint levied against a deputy by another deputy or citizen should be shown to him or her upon request. AFGE, AFL–CIO, Local 2272, 9 FLRA 1004, Proposal 5 [NN]

Information

1. Prohibiting the agency from using information concerning non-criminal activities received on a hot line established to encourage the public to report criminal activities. NTEU, Chapter 153, 21 FLRA 841, Proposal 1 [NN]
2. Agency to provide the union with summaries of information received on the hotline. NTEU, Chapter 153, 21 FLRA 841, Proposal 3 [N]
3. Requiring management to provide copies of all security bulletins to the union before distribution to employees and to correct them if the union can prove the information contained in the bulletins is not accurate. NFFE, Local 2050, 35 FLRA 706, Proposal 3 [N]
4. Requiring the agency to notify the union in writing within 24 hours of incidents involving lost master keys, broken windows due to projectiles, unmanned guard posts, unsecured or inoperable doors, armed guards who have worked without certification, and lost weapons. NFFE, Local 2050, 36 FLRA 618, Proposal 8 [N]
5. Requiring the agency to notify the union within 24 hours of any bomb threats. NFFE, Local 2050, 36 FLRA 618, Proposal 22 [N]
6. Requiring the agency, at an employee’s request, to provide the employee with statements and attachments that accompany the supervisor’s Defense Mapping Agency Form 5200–6 pertaining to the employee. NFFE, Local 1482, 40 FLRA 902, Proposal 3 [N]. Reversed in Defense Mapping Agency v. Federal Labor Relations Authority, 955 F.2d 764 (D.C. Cir. 1992).

Interrogations/Investigations

1. Prohibiting employee statements under oath in conflict–of–interest situations except where required by law. AFGE, AFL–CIO, National Immigration & Naturalization Service Council, 8 FLRA 347, Proposal 8 [NN]
2. Concerning the manner in which employees are to be notified of certain procedures, privileges and obligations in relation to agency conducted interrogations of employees. NTEU, 9 FLRA 983, Article 3, Section 12 [N]
3. Prohibiting the use of investigative methods employing equipment such as electrical, electronic, optical, chemical or mechanical surveillance devices except for national security purposes, in which event they shall be used in accordance with law, and government–wide regulations; and (2) investigation devices such as the polygraph or the voice stress–analyzer or any device or equipment that monitors (for operator interpretation) the physiological or psychological reactions of the human body. AFGE, AFL–CIO, Local 1858, 10 FLRA 440, Proposal 4, Section 20 [NN]
4. Prohibiting the use of lie detectors. AFGE, Local 32, 16 FLRA 40, Proposal 1 [NN]
5. Agency to ask the inspector general to follow the proposed procedures governing investigations including notification requirements, time limits for conducting the investigation, the use of sworn statements, and the use of polygraphs. NFFE, Local 1300, 18 FLRA 789 [NN]
6. Agency to notify the union of the results of any investigation which could have an impact upon unit employees upon completion of such an investigation. AFGE, AFL–CIO, Local 1738, 27 FLRA 52, Proposal 5 [NN]
7. Unit employees will not be required to take polygraph tests. AFGE, AFL–CIO, Local 1808, 30 FLRA 1236, Provision I, Article VII, Section 7.6 [NN]
8. Permitting an examiner who asserts a Fifth Amendment right against self-incrimination to refuse to submit a financial disclosure statement until such time as immunity from criminal prosecution is granted. POPA, 53 FLRA 625, Proposal 15 [NN, LAW]
9. Granting examiners a waiver of criminal liability based on information derived from a financial disclosure statement that was completed in good faith. POPA, 53 FLRA 625, Proposal 16 [NN, LAW]
10. Requiring the agency to provide the union president or designee notice, to the greatest extent possible, no later than 24 hours prior to the expected arrival of an Office Internal Affairs investigator at the local facility to conduct an investigative interview of a bargaining unit employee. AFGE, Local 701, Council of Prison Locals 33, 58 FLRA 128, Provision 3, Article 7, Section (k) [NN, (a)(l)]
11. Providing brief breaks for the limited purposes of giving an employee who is being interviewed the opportunity to use the restroom or to obtain a drink of water. AFGE, Local 701, Council of Prison Locals 33, 58 FLRA 128, Provision 2, Article 6, Section (k) [N]

Liability

1. Limiting an employee’s liability for the loss, damage to or destruction of government property to $150. NFFE, Local 29, 21 FLRA 233, Proposal 1 (last sentence) [NN]. Remanded to Federal Labor Relations Authority in National Federation of Federal Employees v. Federal Labor Relations Authority, 812 F.2d 746 (D.C. Cir. 1987). On remand, NFFE, Local 29, 27 FLRA 404, Proposal 1 (last sentence) [NN]
2. Relieving unit employees of any pecuniary liability. UPTO, 30 FLRA 639, Proposal 4 [NN]
3. Requiring the agency to reimburse unit employees for all expenses, including attorney‘s fees, court costs, and leave, resulting from civil or criminal actions against unit employees:  (1) where those actions arise out of the employee's employment by the agency and (2) the employee is found to be innocent of, or not liable for, major charges. NAGE, Local R7–23, 35 FLRA 638 [NN]

Searches/Inspections

1. Unlocked desks and file cabinets to be secured and a search of their contents postponed until employee users are present. NTEU, NTEU Chapter 61, 7 FLRA 304 [N]
2. When management exercises its legal right to search an employee’s possessions at the work site in a non–criminal matter, the employee will be allowed to be present during the search if the employee is otherwise present at the work site and that the employee, upon request, shall be given an opportunity to be represented by the union during the search, provided that the supplying of such representation by the union shall not unduly delay the search or impede the purpose for which the search is conducted. NTEU, 9 FLRA 983, Section 14 [N]
3. Searching of hand held items such as lunch boxes, purses and brief cases be conducted at the perimeter entrances to the activity rather than at access points to the activity's Controlled Industrial Area. Federal Employees Metal Trades Council, 12 FLRA 361 [NN]
4. Prohibiting unannounced searches and procedures which limit the searches. NAGE, SEIU, AFL–CIO, 16 FLRA 361, Proposal 2 [NN]
5. Prohibiting searches of the clothing or bodies of employees unless authorized by a warrant or incident to an arrest. NTEU, Chapter 21, 18 FLRA 405, Proposal 1 [NN]
6. Incorporating into the parties‘ collective agreement the reasonableness standard for searches of an area given over to a government employee for his exclusive use. AFGE, AFL–CIO, Local 1759, 29 FLRA 261, Proposal 2 [N]
7. Inspections of employee lockers will be conducted in the presence of the employee using the locker, except in compelling circumstances. AFGE, AFL–CIO, Local 1759, 29 FLRA 261, Proposal 3 [N]
8. Limiting the right of the agency to inspect persons and their property when entering and leaving the installation. NAGE, Local R4–6, 29 FLRA 966, Proposals 1 and 2 [NN]
9. Preventing the agency from searching employees’ personal property without the prior approval of the union president. NFFE, Local 1655, 35 FLRA 740, Proposal 5 [NN]
10. Barring management from searching union property (file cabinets, desks) on the agency’s premises unless the agency first obtains a search warrant. NFFE, Local 1655, 36 FLRA 75 [NN]
11. Concerning searches of employees’ personal property. AFGE, Council of Prison Locals, Local 919, 42 FLRA 1295, Provision 1 (second sentence) [NN]
12. Gate inspections will be conducted in private, by or under the supervision of a commissioned officer or civilian of equal or higher grade, and in the presence of a union official. NAGE, Locals R14–22 and R14–89, 45 FLRA 949, Proposal 1 [NN]
13. Requiring the agency to provide the union with advance notice of gate inspections. NAGE, Locals R14–22 and R14–89, 45 FLRA 949, Proposal 2 [NN]
14. Requiring the agency, prior to each gate inspection, to provide the union with written instructions governing the inspection, and to notify the union of the time, location and standards governing the selection of individuals or vehicles for the inspections. NAGE, Locals R14–22 and R14–89, 45 FLRA 949, Proposals 3 and 4 [NN]
15. The union may have a representative at any scheduled gate inspections on official time. NAGE, Locals R14–22 and R14–89, 45 FLRA 949, Proposal 5 (first sentence) [NN]
16. Authorizing a union representative to:  (1) observe gate inspections and confer with employees prior to such inspections; and (2) distribute to employees subject to inspections information concerning their rights. NAGE, Locals R14–22 and R14–89, 45 FLRA 949, Proposals 6 and 7 [NN]
17. Employees will not suffer loss of pay or leave or be disciplined for not reporting to work on time due to delay attributable to gate inspections. NAGE, Locals R14–22 and R14–89, 45 FLRA 949, Proposal 8 (first sentence) [N]
18. Requiring the payment of overtime if an employee’s tour of duty is delayed due to a gate inspection. NAGE, Locals R14–22 and R14–89, 45 FLRA 949, Proposal 8 (second sentence) [NN]
19. Purses and pocketbooks not be inspected unless there is reason to believe that an unauthorized possession or theft has occurred. NFFE, Local 28, 47 FLRA 873, Proposal 1 [NN]
20. Requiring the presence of the union to witness spot checks of bargaining unit employees. NFFE, Local 28, 47 FLRA 873, Proposal 2 [NN]
21. Precluding the agency from conducting unannounced inspections of unit employees and their vehicles at the gates of the agency’s installation in the absence of probable cause. NFFE, Local 1214, 49 FLRA 725, Proposals 1, 2, and 3 [NN, (a)(1)]
22. Agency agrees not to open or enter any desk, cabinet, or personal work space regularly used by an employee unless such actions are officially authorized management activities. AFSCME, Local 2830, 60 FLRA 671 [NN, (a)(1) and (a)(2)(B)]

Miscellaneous

1. Management to provide adequate security to all employees. AFGE, AFL–CIO, Local 32, 14 FLRA 6, Proposal 2 [N]
2. Substituting language for that in the agency's secrecy agreement. NFFE, Local 1827, 16 FLRA 791 [NN]
3. Agency to provide for the protection of employees and property when certain areas of the campus are to remain open for extended periods of time. Federal Federation of Federal Employees, 22 FLRA 539, Proposal 8 [N]
4. Precluding the implementation of any motorcycle rider training program as a prerequisite to the agency's issuance of a motorcycle parking decal without which an employee would be denied access to the installation. Federal Employees Metal Trades Council, AFL–CIO, 23 FLRA 154 [NN]
5. Agency to take steps to provide security within the prescribed area for those items which its employees bring with them to work. AFGE, AFL–CIO, Local 1759, 29 FLRA 261, Proposal 1 [N]
6. The subject of security to be discussed at meetings at which the union can submit its nonbinding views on topics which affect working conditions. Overseas Education Association, 29 FLRA 734, Proposal 36 [N]
7. Preventing the agency from towing illegally parked vehicles until an effort has been made to locate the driver. AFGE, AFL–CIO, Local 1411, 32 FLRA 990 [NN]
8. Permitting an employee on a scheduled break to leave the agency premises. IAM, 33 FLRA 711, Proposal 9 (third sentence) [NN]
9. Requiring that couriers check all hand-carried items at the main desk. NFFE, Local 2050, 35 FLRA 706, Proposal 1 [N]
10. Requiring the agency to provide secure areas for the storage only of employee’s personal property. NFFE, Local 2050, 35 FLRA 706, Proposal 2 [N]
11. Requiring the agency to provide the same level of protection for employees located at its headquarters facilities as that provided for employees located at its Crystal City Mall facility. NFFE, Local 2050, 36 FLRA 618, Proposal 1 [N]
12. Requiring the agency to protect employees’ work space from projectiles and other dangerous objects. NFFE, Local 2050, 36 FLRA 618, Proposal 5 [NN]
13. Requiring the agency to issue Security Alerts concerning serious incidents that have occurred near the agency’s headquarters. NFFE, Local 2050, 36 FLRA 618, Proposal 11 [N]
14. Requiring the agency to take certain measures to protect against the theft of employees’ personal property. NFFE, Local 2050, 36 FLRA 618, Proposal 12 [N]
15. Requiring the agency to test and repair the fire alarm system after hours or during weekends. NFFE, Local 2050, 36 FLRA 618, Proposal 18 [N]
16. Concerning precautions to be taken to avoid physical harm to employees and their families. AFGE, Council of Prisons Locals, Local 919, 42 FLRA 1295, Provision 2 [NN]
17. The agency will continue the practice of allowing the guard desk officer to watch television while on duty. International Brotherhood of Police Officers. 46 FLRA 333 [NN]
18. Requiring the agency to notify unit members of all electronic monitoring undertaken through use of the automated system that identifies unit employees by name, including specific information as to the scope of the data, who has access to it, and how the agency intends to use it. POPA, 56 FLRA 69, Proposal 31 [NN, (a)(1)]
19. Requiring the agency to provide an outside shelter for guards who patrol the perimeter of the facility and to equip the shelter with a heating and air conditioning unit, desk and chair, compact refrigerator and a storage closet. AFGE, Local 1030, 57 FLRA 901, Proposals 1 through 5 [NN, (a)(1)]
20. Allowing guards on outside perimeter patrol to take breaks to use the toilet facility located at the rear gate. AFGE, Local 1030, 57 FLRA 901, Proposal 6 [NN, (a)(l)]