United States Capitol Police v. Office of Compliance, No. 18-1293 (Fed. Cir. 2019)Annotate this Case
Donaldson, a Capitol Police officer, was involved in an off-duty domestic incident. The Office of Professional Responsibility investigated and recommended termination. The Disciplinary Review Board agreed that Donaldson should be punished but recommended only a 45-day unpaid suspension. The Chief of Police decided to terminate Donaldson. After 30 days passed without intervention by the Capitol Police Board, the Chief’s decision was deemed approved and Donaldson was terminated (2 U.S.C. 1907(e)(1)(B)) Under a collective bargaining agreement (CBA), the Chief’s termination decisions are subject to binding arbitration. The Union requested arbitration. The Police refused to select an arbitrator, arguing that it “would be in violation of a determination of the Capitol Police Board and its distinct statutory authority by consenting to the jurisdiction of any arbitrator.” The Union protested to the General Counsel for the Office of Compliance (OOC) that the Police violated section 220(c)(2) of the Congressional Accountability Act of 1995, 2 U.S.C. 1301–1438, by refusing to arbitrate an unresolved grievance and therefore committed an unfair labor practice. A hearing officer granted OOC judgment. The Board of Directors of the Congressional Accountability Office of Compliance reasoned that the Police is obligated to arbitrate disputes arising under its CBA unless it can cite clearly-established law that removes the dispute in question from arbitration; the Police’s legal arguments fell short. The Federal Circuit rejected an appeal by the Police and granted the OOC’s petition for an order of enforcement.