A New York arbitrator has ruled that the Bureau of Customs
and Border Protection is required to bargain not just
with national unions, but with local unions as well, on
issues covered by collective bargaining agreements such as
shift hours, overtime, and communications with bargaining
unit members on grievances, personnel policies, and other
areas.
A local AFGE chapter filed a grievance earlier in the
year on behalf of federal workers at New York’s John F.
Kennedy Airport relating to an agreement covering legacy
employees from the old Immigration and Naturalization
Service.
According to AFGE, even though the federal government
said all collective bargaining obligations would carry
forward as agencies were folded into the Department of
Homeland Security, CBP changed established practices
without negotiating them with the locals first.
CBP said however that the 2000 agreement was superseded
by an executive order relieving the agency from certain
collective bargaining obligations, and allowing it to
bargain over the National Inspectional Assignment Policy.
The agency said the union didn’t try to bargain over the
NIAP.
However, the arbitrator said the union provided enough
evidence to show that it tried to bargain, for example,
by filing several unfair labor practice charges with the
Federal Labor Relations Authority, AFGE said.
It said the arbitrator concluded that CBP violated a 2000
agreement by failing to notify the local chapter and
bargain over changes in policies, practices, and-or
working conditions arising from the change to the new
customs overtime and scheduling system.
The arbitrator also said the agency is required to bargain
with other local unions over policies, practices and
working conditions caused by the switch to the new system,
according to the union.
Stephen Weekes, president of Local 1917, said the
“arbitration is significant based on the fact that now
other locals can use this award for themselves when they
are having trouble with NIAP.”
He also said the decision means that the agency has to
enter good faith negotiations with locals on labor issues
because of collective bargaining agreements remain in
effect.
