DECISION OF THE BOARD OF DIRECTORS
This petition for review, involving six 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 the proposals 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, 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by a collective bargaining agreement (CBA) that was to have expired on June 9, 2013, but remains in effect until superseded by a successor CBA.
I. Statement of the Case
Article 36, Outside Employment, Section 36.01, Consideration, of the parties’ current CBA, states: “The Department recognizes that its current policy on outside employment may be too restrictive and agrees to work with the Union to makes revisions to its existing procedures, consistent with applicable laws, rules, regulations, and Congressional directives.” Consistent with that provision and Article 8 of the current CBA, Changes in Conditions of Employment, the USCP provided the Union with draft Directive 2043.002, Outside Employment/Voluntary Work. Directive 2043.002 would replace the current Standard Operating Procedure (SOP) on this subject that has been in effect since May 2012. Union Proposal C would modify the text of the draft directive itself, while Proposals D, E, F, G, and H would modify Appendix A: Prohibited Activities I (Sworn Employees) of the draft directive, which lists the paid or voluntary activities that unit employees would be prohibited from performing.
II. Proposals In Dispute
Proposal C: Page 2, 11. 52-56 of draft Directive 2043.002 provides: “d. Employees must not exceed 64 hours of paid outside employment and official additional duty during any pay period nor exceed 16 hours of paid outside employment and official additional duty during any tour of duty.” The Union proposes (additions in italics):
