DECISION OF THE BOARD OF DIRECTORS
This case is before the Board pursuant to a petition for review (“PFR”) filed by the United States Capitol Police (“Respondent or USCP”) of the Hearing Officer’s September 22, 2016 Decision on Motions for Summary Judgment, which found that the Respondent committed an unfair labor practice in violation of section 220(a) of the Congressional Accountability Act (“CAA”) (2 U.S.C. § 1351) and 5 U.S.C. §§ 7116(a)(1) and (8) when it refused to arbitrate a grievance concerning the termination of Officer Christopher Donaldson, including any arbitrability questions.
Upon due consideration of the Hearing Officer’s Decision, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s Decision.
I. Statement of the Case
Except as otherwise indicated, the following facts, as set forth in the Hearing Officer’s Decision, are undisputed:
The USCP is an “employing office” within the meaning of CAA sections 101(9) and 220(a) (1). The Charging Party, FOP/U.S. Capitol Police Labor Committee (“Union”), is a 2 labor organization and is the duly-certified exclusive representative of the Respondent’s officers who are included in the relevant bargaining unit.
On November 6, 2015, the USCP issued a request for disciplinary action for Officer Donaldson, a member of the bargaining unit covered by the parties’ existing collective bargaining agreement (“CBA”). Pursuant to the CBA, Officer Donaldson requested a hearing through the USCP’s Disciplinary Review Board (“DRB”) process. The DRB recommended that, in lieu of termination, Officer Donaldson be suspended for 45 days. On March 15, 2016, the Union filed a grievance in accordance with the procedures set forth in the CBA which challenged the Request for Disciplinary Action, but accepted the suspension. On May 4, 2016, the USCP, through its Chief of Police, denied Officer Donaldson’s grievance and concluded that termination was the appropriate penalty.
