US DHS Customs and Border v. FLRA, No. 12-1457 (D.C. Cir. 2014)
Annotate this CaseDHS filed a petition for review challenging a decision by the FLRA in a dispute arising with the FLRA on a negotiability appeal filed by the Union under the Federal Service Labor-Management Relations Statute (FSLMRS), 5 U.S.C. 7105(a)(2)(E). The Union and CBP - an agency within DHS - had negotiated a collective bargaining agreement that included the negotiability provision at issue (Section 2). The court granted DHS's petition for review, concluding, inter alia, that the proposal in Section 2 advanced by the Union here would compromise the independence of the OIG and would be "inconsistent" with the Inspector General Act of 1978, 5 U.S.C. App. 3 sections 1-13, within the meaning of section 7117(a)(1) of the FSLMRS.
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