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61 FLRA No. 125
NTEU, CHAPTER 138 and U. S. DEPT. OF HOMELAND SECURITY, U. S. CUSTOMS AND BORDER PROTECTION (Gentile, Arbitrator), Case No. 0-AR-4017 (July 31, 2006)
The Arbitrator held that Union Chapter Presidents were permitted to wear civilian clothing, rather than uniforms, only when their Union offices were located at sites other than Agency work sites. The Authority found that the award was not contrary to law and denied the exceptions.
The factual premise of the Union's exception was that the Arbitrator erroneously found that the Agency was permitted unilaterally to terminate a past practice concerning wearing uniforms. However, the Authority found that the award was not based on such finding. To the contrary, the Authority found that the Arbitrator did not terminate a past practice; the Arbitrator directed the Agency to permit Chapter Presidents to wear civilian clothing in situations where he interpreted such wear had previously been permitted. The Authority further stated that insofar as the Union claimed that Union representatives have a right under the Statute to wear civilian clothes, the Union was also wrong. The Authority stated that it has held only that parties may agree to permit Union representatives to wear civilian clothes in various situations, not that there is a right to do so in the absence of an agreement. The Authority also concluded that the award was not based on nonfacts, nor that it failed to draw its essence from the parties' agreement.