Click here to view the decision.
61 FLRA No. 22
U. S. DEPT. OF HOMELAND SECURITY U. S. CUSTOMS AND BORDER PROTECTION and AFGE, LOCAL 1917 (Zigman, Arbitrator), Case No. 0-AR-3875 (July 15, 2005)
The grievance involves whether employees should receive all-day quarterly firearms training or, as is currently done, 5-15 minutes training and 1-2 hours qualifying time on the firing range, under the Agency's 1996 and 2003 negotiated INS Firearms policy. In resolving the grievance, the Arbitrator rejected the Agency's contention that it did not have to provide training for the remainder of the above work day by noting. Additionally, the Arbitrator rejected the Agency's contentions that the grievance was not arbitrable because, among other issues, the grievance affected management's rights.
The Authority found that the Agency was not denied a fair hearing and that the award was not contrary to law. Specifically, the Authority found that the award did not affect management's right to determine its budget, nor did it impermissibly conflict with the Agency's right to assign work.