In two recent decisions, the Federal Labor Relations Authority
has upheld management’s right to restrict the carrying of cell
phones by employees on grounds that the phones interfere with
management’s right to determine internal security practices.
In one case, 59 FRLA No. 154, the labor authority held
non-negotiable bargaining proposals seeking to create
exceptions to the agency’s policy of prohibiting inspectors
from carrying any wireless communication devices while on
duty in primary and secondary inspection areas. “Allowing
employees to carry such devices will increase the risk that
inspectors will be distracted from their duties in inspecting
individuals and cargo and detecting terrorists, drug-smuggling
or other illicit activity,” FLRA held.
In the other case, 59 FLRA No. 165, involving an unfair labor
practice charge, FLRA held that an agency did not change
conditions of employment when in response to an incident it
issued interim guidelines that reaffirmed its policy of
prohibiting cell phones and pagers in primary and secondary
inspection areas. However, the agency committed a ULP when
the agency didn’t respond to the union’s request to rescind
the interim guidelines, FLRA ruled.
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