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Washington, D.C.—In a win for Customs and Border Protection (CBP) officers represented by the National Treasury Employees Union (NTEU) and working in summer temperatures across the nation, the Federal Labor Relations Authority (FLRA) has ordered CBP to negotiate with the union over the employees’ ability to wear cargo shorts.

NTEU, alone among Department of Homeland Security (DHS) unions, challenged a CBP proposal more than a year ago banning the wearing of such shorts in air and seaport cargo as well as land border passenger and cargo environments—except for southwest border locations, south Florida and Puerto Rico.

NTEU sought to bargain and get CBP agreement to continue to allow NTEU-represented officers to wear shorts in these locations, as they had since 1999. CBP refused to negotiate, claiming the NTEU proposal was non-negotiable because it violated its right to determine internal security practices and its right to determine the method and means of performing work.

“CBP offered no rational reason” why officers should be prevented from wearing cargo shorts, NTEU President Colleen M. Kelley said, noting that shorts are an accepted part of the uniform in other federal, state, and municipal law enforcement agencies. And even though the agency did not move to implement its proposal, it is now barred from doing so until it reaches agreement with NTEU.

CBP made a variety of arguments before the FLRA that if it were prevented from ordering officers to wear long pants, its management rights would be violated, including these:

· Officers would no longer be identifiable as law enforcement personnel;

· In shorts, they wouldn’t present a professional law enforcement image;

· A separate policy for NTEU-represented officers in CBP workplaces would be ‘divisive and disruptive;

· An increased risk of sunburn would exist;

· So would an increased risk an officer could be killed or injured;

· Officers would be limited in their “ability to kneel or crawl;”

· Officers’ legs wouldn’t be protected during a physical encounter;

· Officers would not have to change if the weather turned cold; and

· One policy regarding shorts would help the agency meet its mission of preventing terrorists and weapons of mass destruction from entering the country.

In finding the NTEU proposal negotiable, the FLRA rejected all these spurious CBP arguments. “Hopefully, CPB will accept NTEU’s proposal and send a message to employees that it supports them in their work, rather than continuing to engage in senseless litigation,” President Kelley said.

NTEU is the largest independent federal union, representing some 150,000 employees in 30 agencies and departments including 14,000 CBP legacy Customs employees.