United States Capitol Police v. Office of Compliance

The Directors of the Office of Compliance affirmed a finding that the U.S. Capitol Police (USCP) engaged in unfair labor practices when it issued Officer Konczos a Command Discipline Warning in response to Konczos’s protected union activity, 5 U.S.C. 7102. Konczos had expressed dissatisfaction with the USCP policy of requiring officers to work a double-shift when the need arises, sometimes informing an officer about the extra shift only at the last minute. The Collective Bargaining Agreement between the Fraternal Order of Police and the USCP permits the USCP to require officers on the current tour to be held over for a subsequent tour. The Federal Circuit affirmed. The parties did not dispute that Konczos engaged in protected activity when he raised the issue during regularly scheduled labor-management meetings and when he reiterated his concerns in an email to the police chief; the court rejected USCP’s argument, that the portion of Konczos’s email protesting his own personal holdover did not constitute a protected activity. Substantial evidence supported findings that Konczos made a prima facie case of discrimination and that USCP’s stated justifications were pretextual. View "United States Capitol Police v. Office of Compliance" on Justia Law