United States Capitol Police v. Office of Compliance

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Capitol Police terminated an officer for misconduct. The termination was approved by the Capitol Police Board. The officer invoked his rights under the collective bargaining agreement (CBA). An arbitrator held that termination was excessive and a 30-day suspension was proper; directed the Police to reinstate the officer, without setting a deadline; and awarded the officer back pay and benefits. The Police filed exceptions, which the Board of Directors of the Congressional Accountability Office of Compliance (Board) denied. The arbitrator gave the Police a 30-day deadline for compliance. Days before the deadline, the Police stated that it refused to comply. The Union filed charges with the Office of Compliance (OOC) alleging an unfair labor practice, 2 U.S.C. 1301; the OOC's General Counsel filed an unfair labor practice complaint with the Board. The hearing officer sustained the charge; the Board agreed, rejecting the Police’s arguments that the arbitrator lacked jurisdiction over employee termination and that the subject is barred from inclusion in a CBA because employee termination is specifically provided for by federal statute. The Federal Circuit affirmed and granted enforcement. The Capitol Police Administrative Technical Corrections Act, 124 Stat. 49 does not require the Capitol Police Board’s participation in employee termination decisions, so that matter was not “specifically provided for.” View "United States Capitol Police v. Office of Compliance" on Justia Law