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60 FLRA No. 98
U. S. Dept. of Homeland Security U. S. Customs and Border Protection and NTEU (Doering, Arbitrator) 0-AR-3768 (Decided December 17, 2004)
The Union filed a grievance alleging that the Agency improperly failed to bargain at the local level over the use of National Guard personnel to conduct certain of its operations. The Arbitrator found that the Agency failed to bargain as required by the Statute and an applicable memorandum of understanding. The Authority found that the award was deficient and set it aside.
The dispute in this case concerned whether the Agency had an obligation to bargain, at the local level, with respect to a change in a local condition of employment: the impact of the Agency's decision to change the number of inspectors assigned to outbound operations that resulted from the use of MNG personnel at the Port of Roosville.
Consistent with its decision in 60 FLRA No. 96 (Dec. 17, 2004), and 60 FLRA No. 97 (Dec. 17, 2004), the Authority found that the Agency had no obligation to bargain at the local level over the impact of the Agency's decision as to the number of inspectors assigned to outbound operations. Thus, the Arbitrator's award to the contrary was contrary to law and was set aside.