The Federal Labor Relations Authority has rejected a final appeal from the American Federation of Government Employees challenging an election that the National Treasury Employees Union won last June 7,369 to 3,426 to decide who would become the exclusive union for Customs and Border Protection employees and gain a stronger voice in homeland security matters.
AFGE claimed NTEU unfairly leveraged its influence as the larger bargaining unit in CBP. Its general counsel, Mark Roth, claimed the judge deciding the original challenge “got wrong a number of issues dealing with the numerous advantages and institutional benefits CBP provided NTEU during the campaign.”
However, with certification in place, NTEU said it is trying to sign up all legacy immigration, agriculture and CBP officers hired since July 2004, and that working conditions and contractual arrangements remain in effect but that it is trying to extend the NTEU-CBP contract to all bargaining unit employees.
Non-NTEU union dues withholding should have terminated with the FLRA certification, but conversion to NTEU is not automatic. Employees in other bargaining units or not represented at all that wish to join NTEU must sign up.
Meanwhile, NTEU said it is seeking a new contract with additional provisions for work assignments, bid and rotation procedures, and alternative work schedules. It also said it would continue to advocate for law enforcement officer status for CBP employees, as well as additional staffing and resources.
When DHS was formed in 2003, customs employees represented by NTEU were folded into CBP along with a smaller number of immigration employees represented by AFGE, and about 2,500 agriculture inspectors represented by the National Association of Agriculture Employees.
NAAE’s early attempt to prevent the election failed.
