NTEU has filed two unilateral change unfair labor practice (ULP) charges and one ULP charge alleging that CBP has failed to comply with a 5 USC §6101 arbitration award.

February 19, 2016

NTEU National President Anthony M. Reardon has provided chapters with the following memo:

NTEU has recently filed the following three unfair labor practice (ULP) charges with the D.C. Regional Director of the Federal Labor Relations Authority against CBP.  The ULP charges state as follows:


OFO Vehicle Right-Sizing Strategy

In or about December of 2015, NTEU National became aware of a Memorandum that CBP issued to its Directors, Field Operations whose subject was “OFO Vehicle Right-Sizing Strategy,” dated October 3, 2015 (copy attached).  This Memorandum changed the working conditions of bargaining unit employees by, inter alia, no longer making available government vehicles for use by bargaining unit employees performing job duties at user fee airports.  As a result, impacted employees are now required to use their personally-owned vehicles to travel to and from user fee airports and/or to perform CBP work.  NTEU was not notified of this change and provided the opportunity to bargain before implementation.


Tactical Terrorism Response Team (TTRT) Program

In or about October of 2015, CBP implemented a change in employee conditions of employment without first negotiating with NTEU.  The change that was implemented concerned an initiative that was titled, the CBP Counter Terrorism Response Plan.  It is currently titled the Tactical Terrorism Response Team (TTRT) program.  While CBP agreed to brief NTEU on the program, it is refusing to negotiate over its implementation.

5 U.S.C. §6101 and the Implementing Basham Memorandum

On September 29, 2015, the Federal Labor Relations Authority sustained an arbitration decision from Arbitrator James Mastriani in 68 FLRA No. 156.  The grievance was titled National Work Assignment Grievance for post-2004 hires and concerned CBP’s scheduling obligations under 5 USC §6101 (6101).


The arbitrator’s remedy obligated CBP to, among other things, provide NTEU with the work schedules of impacted employees and documentation where either employees gave CBP permission to deviate from §6101 or where CBP claimed one or both of the two exceptions that would permit CBP to schedule employees contrary to §6101.


CBP at all times relevant herein has failed to answer NTEU when asked whether or not CBP would comply with the arbitration award.  Similarly, CBP has not implemented the arbitration award by, for example, providing NTEU with the above-described work schedules or documentation or by reimbursing employees for lost back pay.


NTEU is awaiting the commencement of the investigation of these ULP charges by the FLRA. More information will be provided as it becomes available.  


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© 2016 by National Treasury Employees Union Chapter 137, Miami, FL


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