File 2: Opinion of Member Pope
[ v59 p757 ]
Dissenting Opinion of Member Pope:
I agree with the majority's conclusions that the proposal: (1) affects management's right to determine its internal security practices; (2) is not a negotiable procedure under § 7106(b)(2) of the Statute; and (3) constitutes an arrangement for employees adversely affected by the exercise of management's right. I disagree with the majority's conclusion that the proposal is not an "appropriate" arrangement under § 7106(b)(3) of the Statute because it would "completely preclude" the Agency from exercising its right. Majority Opinion at 14. Therefore, I dissent.
The majority's conclusion that the proposal completely precludes the Agency from exercising its right to determine internal security practices is based on a misreading of the record. In this regard, the majority finds that the Agency's internal security determination is "that firearms used by Agency employees in the performance of their duties need to be secured by the employees trained and authorized to possess them when they are off-duty." Id. at 15. This is consistent with the Agency's initial assertion in this case that it "never authorized [employees to] routine[ly]" store firearms at work overnight. Statement of Position at 4. However, in its reply, the Agency conceded that it "does allow routine overnight storage in certain locations, where appropriate security is available." Agency Reply at 2. Thus, the internal security practice that the majority finds the proposal would "negate or nullify," does not exist. [n1] Majority Opinion at 14.
The internal security practice that the Agency does, in the end, describe is that it will not permit routine overnight storage of firearms "at locations with inappropriate storage facilities." Agency Reply at 2. The Union's proposal, which would require that the Agency make secure overnight storage available at all locations, in no way negate