16:0377(61)AR - NTEU and Customs Service -- 1984 FLRAdec AR



[ v16 p377 ]
16:0377(61)AR
The decision of the Authority follows:


 16 FLRA No. 61
 
 NATIONAL TREASURY EMPLOYEES UNION
 Union
 
 and
 
 U.S. CUSTOMS SERVICE
 Agency
 
                                            Case No. 0-AR-521
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Ann Harmon Miller filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    The dispute in this matter arose when the Agency directed the
 grievant, a Customs Inspector, to either terminate an alleged conflict
 of interest, which allegedly existed because the grievant's wife worked
 for a Customs brokerage firm, or face disciplinary action.  The
 Arbitrator found that the grievant's wife worked for the brokerage firm
 in a clerical capacity;  that she took no part in the firm's managerial
 or supervisory decisions;  that she was not empowered to transact
 business with Customs;  that she was not a licensed broker;  and that
 neither the grievant nor his wife had any financial interest in the
 firm.  The Arbitrator also noted that the Agency had determined in
 another situation where a Customs Inspector's wife worked in a clerical
 capacity for a broker that there was no conflict of interest and that
 the Agency failed to show how that situation was different from the
 instant dispute.  The Arbitrator rej