File 2: Opinion of Chairman Cabaniss

[ v62 p327 ]


Dissenting opinion of Chairman Cabaniss:

      I cannot join my colleagues in the determination that the instant proposal is an appropriate arrangement. To the contrary, I would find that the proposal excessively interferes with the Agency's rights under 7106(a)(1) to determine its internal security practices. As such, the proposal does not constitute an appropriate arrangement and is outside the duty to bargain. Therefore, I dissent.

      The Agency policy at issue here is to not permit the overnight storage of firearms at locations that are too insecure to permit such storage. Agency Reply at 2. The record establishes that overnight storage is permitted at approximately ten facilities. Union Respo