Dissenting Opinion of Member Armendariz
File 1: Authority's Decision in 61 FLRA No. 7 File 2: Opinion of Member Armendariz [ v61 p52 ] Dissenting Opinion of Member Armendariz: I would find that the proposal excessively interferes with the Agency's right to determine its internal security practices. On this basis, I would find that the proposal is outside the duty to bargain.
The standard for assessing an agency's right to determine its internal security practices under § 7106(a)(1) of the Statute is well established. That right includes the authority to determine the policies and practices that are part of an agency's plan to secure or safeguard its personnel, physical property, or operations against internal or external risks. See, e.g., NTEU, 53 FLRA 539, 581 (1997). Where the agency shows a link, or reasonable connection, between its objective of securing or safeguarding its personnel, property, or operations and the policy or practice designed to implement that objective, a proposal that "conflicts with" the policy or practice affects management's right to determine its internal security practices. NTEU, 55 FLRA 1174, 1186 (1999) (Member Wasserman dissenting). "Once [such] a link has been established, the Authority will not review the merits of the agency's plan in the course of resolving a negotiability dispute." Fraternal Order of Police, Lodge 1-F, 51 FLRA 143, 144-45 (1995) (citing AFGE, Local 2143, 48 FLRA 41, 44 (1993)). Th