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55 FLRA No. 20
U.S. Dept. of Justice Immigration and Naturalization Service, Washington, D.C. and AFGE, National Border Patrol Council, AFL-CIO Case No. DA-CA-30370 (Decided January 12, 1999)
The complaint alleged that the Respondent violated section 7116(a)(1), (5) and (6) of Statute by implementing a side handle baton training program prior to completing negotiations with the Union over the impact and implementation of the program and at a time when the Union's request for assistance from the Federal Service Impasses Panel (the Panel) in negotiating ground rules was pending.
The Authority held that the unfair labor practice charge was timely filed, and the implementation of the side handle baton training program had more than a de minimis impact on unit employees' conditions of employment. The Authority remanded the case to the Chief Administrative Law Judge for assignment to another judge to determine: (1) whether implementation of the side handle baton training program was consistent with the necessary functioning of the Agency; (2) if implementation of the program was necessary, whether the Respondent was relieved of its bargaining obligation because the matters over which the Union sought bargaining were covered by the parties' collective bargaining agreement; and (3) if necessary, whether the Respondent's implementation of the program violated section 7116(a)(6) of the Statute.