DECISION OF THE BOARD OF DIRECTORS
This petition for review, involving five 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 of 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by a collective bargaining agreement (CBA) that was to have expired on June 9, 2013, but remains in effect until superseded by a successor CBA.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
The five proposals in the Union’s petition for review in this case arose, in accordance with Article 8, Changes in Conditions of Employment, of the parties’ current CBA, after it was notified that the USCP intended to make certain changes to absence and leave procedures, as set forth in draft Directive 2053.004, Absence and Leave.1 An Absence and Leave Policy has been in place at the Department since 1996 and was reissued under Directive 2053.004 on April 5, 2013. In addition to Directive 2053.004, a number of articles in the CBA contain provisions relating to employee absences and leave. Other USCP policies governing aspects of absence and leave include its Leave Restriction Status Request Standard Operating Procedure (SOP AC-000-07) and Rules of Conduct (Directive 2053.013), which have been in place since April 10, 2007, and August 23, 2000, respectively.
II. Proposals In Dispute
The Union proposes the following five revisions to draft Directive 2053.004:
Proposal D: Page. 2, line 87 to page 3, line 2 of the draft Directive provides: “Excessive unscheduled leave can lead to leave restriction and/or disciplinary action up to and including termination of employment.”
