647 F.3d 359
D.C. Cir.2011Background
- CBP changed local work assignments for inspectors by implementing the RNIAP, replacing the NIAP, without local bargaining.
- NIAP previously required local bargaining over workweek length, hours, staffing, and days off; RNIAP allowed unilateral changes to meet operational needs.
- Union proposed merging RNIAP negotiations with a renegotiation of a expired collective bargaining agreement; CBP declined.
- Union sought mediation and panel relief; the Impasses Panel declined jurisdiction; CBP implemented RNIAP in late 2004/2005.
- Union filed a grievance alleging unfair labor practice; arbitrator ruled for the Union; FLRA affirmed; petition for review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the RNIAP a collective bargaining agreement thus covered-by doctrine applies? | NTEU asserts RNIAP not a CBA; covered-by doctrine should bind. | CBP argues RNIAP forms a CBA through impasses/assent doctrines and is covered. | RNIAP not a collective bargaining agreement; covered-by doctrine inapplicable. |
| Did CBP have a duty to bargain over changes under the RNIAP as conditions/working conditions? | Changes affected bargaining unit and working conditions, triggering bargaining duty. | Only policy changes to conditions of employment trigger bargaining; some changes exceed that. | Authority properly required bargaining over procedures and arrangements; changes affected working conditions. |
Key Cases Cited
- NTEU v. FLRA, Chapter 137, 60 F.L.R.A. 487 (2004) (RNIAP not a collective bargaining agreement)
- NTEU v. FLRA, Chapter 143, 60 F.L.R.A. 922 (2005) (authority on bargaining obligations; not essential to result)
- U.S. Dep't of Homeland Sec., Customs & Border Prot., 64 F.L.R.A. 989 (2010) (RNIAP not a CBA; covered-by doctrine discussed)
- Antilles Consol. Educ. Ass'n, 22 F.L.R.A. 235 (1986) (two-pronged test for working conditions matters)
- Fort Stewart Schs. v. FLRA, 495 U.S. 641 (1990) (broad interpretation of working conditions)