DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by the United States Capitol Police (“USCP”). The USCP seeks review of the Hearing Officer’s August 28, 2015 Decision and Order (“Order”), which found that the USCP engaged in certain unfair labor practices when it issued a Command Discipline Report, filed with a Warning to Officer James Konczos (“Officer Konczos”), the Chairman of the U.S. Capitol Police Labor Committee (“FOP”), for being absent without leave.
More specifically, the Hearing Officer found that the USCP issued discipline to Officer Konczos because he had engaged in union activity protected under the Congressional Accountability Act (“CAA”) when he complained about the USCP’s handling of unscheduled emergency shifts. The Hearing Officer ordered the USCP to expunge from all its files any references to the Command Discipline Warning issued to Officer Konczos. The Hearing Officer also ordered the USCP to post a notice to employees for 60 days, which indicates that the USCP had violated the CAA.
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings , and the record in these proceedings, the Board affirms the Hearing Officer’s Order.
I. Background
Hold Over Shift
Officer Konczos began working for the USCP in 1986. Officer Konczos is also a member and officer of the FOP, the collective bargaining representative of the unit of officers employed by the USCP. He has served as the Chairman of the FOP for over five years.
In 2014, Officer Konczos’ regular shift was at the United States Capitol Division, House Intelligence Area in the Capitol Visitor Center (CVC), Section C-1. His regular shift lasted from 11:00 p.m. to 7:00 a.m. Sergeant Danny McElroy (“Sergeant McElroy”) was Officer Konczos’ first-line supervisor.
On June 25, 2014, Officer Konczos started his regular shift at 11:00 p.m. At approximately 6:10 a.m. on June 26, 2014, Sergeant McElroy contacted Officer Konczos by telephone to inform him that the post at the North Screening Door of the CVC, Section C-2, needed two officers to stay over from their current shifts because of manpower shortages, and that Officer Konczos was the first officer on the draft list.
