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59 FLRA No. 165
U. S. Dept. of Homeland Security, Border and Transportation Directorate, Bureau of Customs and Border Protection and NTEU Case No. WA-CA-02-0485 (Decided May 6, 2004)
The complaint alleged that the Respondent violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute by implementing interim guidelines on the use of personal cell phones and pagers without giving the Charging Party notice and an opportunity to bargain over the interim guidelines or, in the alternative, by not informing the Charging Party that an overriding exigency required immediate implementation of the interim guidelines.
The Judge found that the Respondent did not violate the Statute by implementing the interim guidelines because doing so did not change a condition of employment and because an overriding exigency warranted immediate implementation of the interim guidelines. Nevertheless, the Judge found that the Respondent violated the Statute by not responding to the Charging Party's request to rescind the interim guidelines and to bargain post-implementation. As a remedy, the Judge recommended a cease and desist order and a notice posting. The Authority adopted the Judge's findings, conclusions, and recommended Order and Notice, as modified below.
Under § 2429.5 of the Authority's Regulations, the Authority took official notice of the records of the parties' negotiability appeal and request to FSIP. As to the merits, the Authority found that the Judge did not err in concluding that there was no change in conditions of employment and that he correctly found no past practice of using personal cell phones and pagers in the primary and secondary inspection areas. However, the Authority modified the judge's recommended order and notice.