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 Response at 11-12. Those are the facilities that the Agency has determined are adequately secure to permit this storage. The Agency has determined that most other locations are not. SOP, at 2, 4-5. It is unnecessary for the Agency to establish that all of the other locations lack the requisite security. The Agency must only demonstrate a "reasonable connection" between the objective of securing or safeguarding its personnel, property, or operations and the policy designed to implement that objective. See NTEU, 61 FLRA 48, 51 (2005). We have no authority to "examine the extent to which the practices adopted by management to achieve its security objectives actually facilitate the accomplishment of those objectives". Id., citing AFSCME, Locals 2910 & 2477,