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59 FLRA No. 172
NTEU and U. S. Dept. of Homeland Security Border and Transportation Security Directorate Bureau of Customs and Border Protection Washington, D.C., Case No. 0-NG-2739 (Decided May 19, 2004)
This case concerned the negotiability of one proposal which the Authority found to be outside the duty to bargain. The Agency argued that the proposal affected its right to determine its internal security practices Under § 7106(a)(1) of the Statute. The Authority found that given these restrictions on the Agency's exercise of the right to determine its internal security, the proposal excessively interfered with that right and did not constitute an appropriate arrangement.