20:0190(25)AR - Customs Service, Northeast Region and NTEU -- 1985 FLRAdec AR



[ v20 p190 ]
20:0190(25)AR
The decision of the Authority follows:


20 FLRA No. 25

UNITED STATES CUSTOMS SERVICE 
NORTHEAST REGION
Activity 

and

NATIONAL TREASURY EMPLOYEES UNION, Union

                                      Case No. 0-AR-797

                                DECISION

   This matter is before the Authority on exceptions to the award of
Arbitrator Joseph A. Sickles filed by the Activity and the Union under
section 7122(a) of the Federal Service Labor-Management Relations
Statute and part 2425 of the Authority's Rules and Regulations.

   The grievance essentially alleged that the Activity violated the
parties' collective bargaining agreement when it unilaterally
discontinued payment of premium pay for administratively uncontrollable
overtime (AUO) for most Customs Patrol Officers in the Baltimore
District without notifying or bargaining with the Union concerning the
change.  As found by the Arbitrator, the premium pay was discontinued
when a new management official made a number of operational changes
affecting the Patrol Officers which resulted in greater emphasis being
placed on the performance of patrol duties that could be performed in a
regular 8-hour tour of duty without the necessity for extensive amounts
of uncontrolled overtime.  The Arbitrator noted that the Activity had a
right to determine employee eligibility for AUO pay and found that from
a review of the evidence before him, there was no showing that the
responsible man