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60 FLRA No. 97
U. S. Dept. of Homeland Security U. S. Customs and Border Protection Port of Seattle, Seattle, Washington and NTEU, Chapter 139 (Angelo, Arbitrator) 0-AR- 3785 (Decided December 17, 2004)
The grievance alleged that the Agency violated § 7116(a)(1) and (5) of the Statute by refusing to bargain over the impact and implementation of changes in overtime assignment practices at the local level at the Port of Seattle. The Arbitrator sustained the grievance and ordered a status quo ante remedy along with backpay for all affected employees. The Authority consistent with its decision in 60 FLRA No. 96 (Dec. 17, 2004), found that the award was deficient as contrary to law and was set aside.
This case concerned solely the Agency's obligation to bargain at the local level regarding the assignment-related changes made at the Port of Seattle. The Agency was not obligated to bargain at the local level after Section 3 of the RNIAP became effective. Consistent with 60 FLRA No. 96, the Authority found that the Arbitrator's award finding a violation of the Statute for not engaging in such local bargaining was deficient.