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Washington, D.C.—The head of the National Treasury Employees Union (NTEU) said today she is “absolutely appalled” by the decision of the American Federation of Government Employees (AFGE) to further continue its futile appeal of NTEU’s overwhelming representation victory among employees of the Bureau of Customs and Border Protection (CBP).

“This outrageous action by AFGE has the impact of depriving thousands of CBP employees from having any union representation,” said NTEU President Colleen M. Kelley, “and it gets in the way of NTEU bringing to bear its considerable strength and skill on behalf of the entire CBP bargaining unit.”

Immediately following the Jan. 17 decision of the Federal Labor Relations Authority (FLRA) Regional Director dismissing AFGE’s objections to the election, Kelley wrote to AFGE President John Gage asking him to “act in the best interest of CBP employees and refrain from further delaying certification with a final appeal.” Delaying this process any further, Kelley wrote, would be unconscionable and damaging to all CBP employees.

“We were hoping,” Kelley said today, “that AFGE would do the right thing and cooperate with us on a smooth transition but I can only conclude that AFGE is pursuing some goal that does not include the best interests of CBP employees. I am extremely disappointed by this announcement.”

NTEU overwhelmingly won the representation election at CBP last year by a vote of 7,349 to 3,426. Any further appeal would be presented in the face of this clear and forceful language from the decision earlier this month of FLRA Regional Director on AFGE objections:

“Following a consideration of all the issues identified by AFGE, I do not find them to be meritorious. It has not been shown that any of the matters raised, whether considered separately or cumulatively, are sufficient to set the election aside. In sum, all objections are dismissed, and the certification to NTEU should be issued without further delay.”

While AFGE did not say when it intended to file that appeal—it has until March 19—President Kelley said if AFGE is planning to appeal it should do so promptly “so that these frivolous objections can be put to rest and these employees can get the representation they rightly deserve.”

That work includes seeking NTEU contract benefits such as bilingual pay for employees in other legacy groups making up CBP, and seeking contract improvements for all CBP employees in such vital areas as work assignments, bid and rotation rules, overtime and alternative work schedules.

Under FLRA rules, that three-member body would have to rule on any application by AFGE to review the Regional Director’s decision no later than 60 days from the date it was filed. An AFGE appeal could push back to May certification of NTEU as the CBP bargaining unit.

The need for NTEU representation in CBP takes on even greater importance, President Kelley said, in light of yesterday’s disclosure that Department of Homeland Security (DHS) employees rank their agency at or near the bottom in four major workplace categories identified by the Office of Personnel Management in its 2006 Human Capital Survey—signaling clear and severe morale problems. CBP is a major unit of DHS.

NTEU is the largest independent federal union, representing some 150,000 employees in 30 agencies and departments.