DECISION OF THE BOARD OF DIRECTORS
This petition for review, involving three proposals, was filed by the Fraternal Order of Police, District of Columbia Lodge No. 1, U.S. Capitol Police Labor Committee (Union) after the United States Capitol Police (USCP or Department) alleged they were outside its duty to bargain. The petition for review comes before the Office of Compliance Board of Directors (the Board) pursuant to § 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (FSLMRS), as applied by § 220(c)(1) of the Congressional Accountability Act (CAA), 2 U.S.C. § 1351(c)(1). The Union is the certified representative of a unit of police officers employed by the USCP. The parties are governed by a collective bargaining agreement (CBA) that was slated to expire on June 9, 2013, but remains in effect until superseded by a successor CBA.
I. Statement of the Case
The three proposals were submitted to the Employing Office during the parties’ successor CBA negotiations over Article 32, Grievance/Arbitration Procedures. They would modify subsections of draft provisions for the new Grievance/Arbitration Procedures article presented to the Union by the USCP during the negotiations. The proposals address the scope of those procedures, specifically, whether decisions by the USCP to terminate the employment of bargaining unit employees should be excluded from the grievance procedure, as proposed by the USCP, or should continue to be included as a grievable and arbitrable subject, as proposed by the Union.
II. Proposals In Dispute
Section 32.03.J:
The following matters are excluded from coverage of this grievance procedure … J. Policies, decisions, or directives of Congressional authorities and entities, including approving of terminations of employees by the Capitol Police Board, provided that the impact and implementation of those policies by the Department will be negotiable to the extent permitted by law.
