NTEU Defends Arbitration Win Before the FLRA 
Agency Challenges Union Victory Regarding 8-Hour Rule 

CBP is challenging the Aug. 12 arbitration decision that found the agency’s failure to pay night differential to certain employees was contrary to law. 

NTEU successfully argued that the employees covered under the Customs Officer Pay Reform Act (COPRA) who took eight or more hours of paid parental leave or emergency paid leave in a pay period should have received night differential pay, and that back pay should be awarded. 

Although NTEU largely prevailed in the case, NTEU argues that the arbitrator should have found CBP’s misapplication of the eight-hour rule is also an unfair labor practice, which would be an even greater victory for CBP employees. 

Read two NTEU briefs: exceptions and opposition.  

NTEU expects that the FLRA will vindicate the arbitrator’s decision that COPRA-covered employees are entitled to the full night differential that they would have received if they were working, and possibly find CBP liable for an unfair labor practice.