TOPICS

Labor panel rejects challenge to DHS union election

A labor relations board on Thursday issued a decision allowing the certification of the National Treasury Employees Union as the sole representative of about 21,000 Homeland Security Department employees.

The full Federal Labor Relations Authority rejected a petition to review a regional office's decision that upheld the results of a June 2006 election on representation of non-Border Patrol employees within DHS' Customs and Border Protection bureau. The American Federation of Government Employees, which lost the election by about 4,000 votes to NTEU, claimed the regional office's ruling relied on decisions in previous cases that were not relevant.


RELATED STORIES

But the full panel determined in its decision that the regional office looked at the correct precedents in rejecting AFGE's arguments that CBP was biased in favor of NTEU.

Certification of the election results is expected within five working days, bringing the drawn-out dispute to a close.

The battle began when CBP sought to consolidate the non-Border Patrol employees -- represented by three different unions based on the agencies they had worked for prior to the March 2003 creation of Homeland Security -- under a single labor group. It pitted AFGE, which mainly represented former Immigration and Naturalization Service employees, and NTEU, which primarily represented former Customs Service employees, against one another at a time when they were working side-by-side on an ultimately successful lawsuit against proposed labor relations changes at the department.

Colleen Kelley, president of NTEU, said she is ready to start welcoming new members, identifying and training new union stewards to take leadership roles, and bargaining with management to reach an agreement that addresses issues such as work schedules. "We've been planning this for 11 months," she said. "Now finally these employees will have it."

Already, hundreds of AFGE members have signed forms to join NTEU, Kelley said. The union also will represent CBP's former Agriculture Department inspectors -- who had been represented by the National Association of Agriculture Employees -- and CBP officers hired after the creation of DHS.

"While we're disappointed in the FLRA ruling, we encourage our members to continue to belong to a union and we hope to cooperate with NTEU during this transition," said John Gage, AFGE's national president.

NTEU is "always looking to improve the conditions" for employees represented, Kelley said. The union will review existing AFGE and NAAE agreements before undertaking new negotiations, she said.

Customs employees belonging to NTEU have received extra pay for using foreign language skills on the job as part of an agreement in place since 1995, Kelley said. AFGE recently obtained the benefit for its members. Kelley said NTEU will seek to ensure all employees have access to the same award system.

COMMENTS

  • Great, Now CBP has to only ignore one union agreement. It’s too bad that Wal-Mart treats their people better than CBP treats its personnel. Does anyone out there care? Well, after the next big event CBP managers won’t be able to blame the unions this time. CBP stated after the big customs take over, “We don’t have to honor any union agreements, because a labor relations specialist in CBP says so!” If anyone wants a real good story about how great CBP is, contact CBP HQ and ask for a copy of the NIAP. It’s a four page document they served on every officer stating they can do anything they want, anytime they want. To include ignore any union agreement that CBP Management feels is not in their best interest. After about 15 shift changes, adding a lunch hour, calling people in on their days off because it’s cheaper than having someone that volunteers to work, I’ve had it. It’s really makes me feel proud that my agency it the worst in the government. Oh, congratulations to MR. Ahern the architect of this mess, now he’s second in charge of CBP. Right under our political hack bashem or whatever his name is.
  • Everyone wins! It is a victory for all active members. All representatives know that employees are cut up into pie pieces 1. Fence riders 2. Pro- management employees 3. Silent union supporters 4. Active union supporters. The Ten Thousand plus active union members who voted for a union, displayed the concern employees have for their jobs and livelihood, and the need for better representation. When we are combined into a larger number, it creates a larger voice. Only a a fence rider or pro management person would think otherwise…Godspeed……..
  • No matter which union had won, I am glad that the battle is over. I hope the unions realize that they both lost. NTEU received approximately 7,369 votes and AFGE 3,426 votes. The rest of the 11,006 employees who cast ballots selected an option for no union. The line for neither union received more votes than the two unions combined. I hope this is a wake up call to both unions. And with the possibility of LEO coverage, I hope NTEU will expand employee protection beyond administrative issues in the next contract. Talking to various PBAs may be a place to start. NTEU must evolve.