DECISION OF THE BOARD OF DIRECTORS
This petition for review, involving 13 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 , 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by a collective bargaining agreement (CBA) that was to have expired on June 9, 2013, but remains in effect until superseded by a successor CBA.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 petition for review in this case arose after the USCP presented the Union with draft Directive 2055.xxx, Time and Attendance, which would replace Departmental Time and Attendance Certification Interim Guidance, issued in September 2011. In accordance with Article 8 of the parties’ CBA, Changes in Conditions of Employment, the Union is proposing 13 modifications to the draft Directive.
II. Proposals In Dispute
Proposal E
On page 1 of the draft directive, the Union proposes that the following be added to the end of the definition of “FLSA Non-Exempt Sworn Positions”:
Consistent with the Department’s Collective Bargaining Agreement with the Fraternal Order of Police, District of Columbia Lodge No. 1, U.S. Capitol Police Labor Committee, all FLSA non-exempt bargaining unit employees of the Labor Committee shall have a work period of 14 days and shall receive overtime compensation at a rate of one and one-half (l.5) times the regular hourly rate of pay for all work over 85 hours performed during each work period.
