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57 FLRA No. 145
International Federation of Professional and Technical Engineers, Local 3 and U.S. Department of the Navy, Norfolk Naval Shipyard Detachment, Philadelphia, Pennsylvania, Case No. 0-NG-2597 (Decided February 28, 2002)
This case concerned the negotiability of one proposal related to the Agency's drug testing program. The Authority found that the proposal was outside the duty to bargain and dismissed the petition for review. The Authority noted that the proposal would permit an arbitrator to review the merits of a security clearance determination. The proposal would permit an arbitrator to nullify the results of a positive drug test if he or she determines the results of that test were unlawfully or improperly obtained. If an arbitrator nullifies those results, those results could not be used by the Agency as the basis for taking any action against the employee.