The Agency has been routinely hiring non-U.S. citizens despite the presence of suitably qualified U.S. citizens. Briefs for the case were sent to Arbitrator George E. Marshall, Jr. on Friday, June 8, 2007. Reply briefs will be due later this month.
The Union filed this grievance due to the fact the Agency refused to bargain the height of cubicles. The Agency claimed (and had won a negotiability appeal in the past) that cubicle height was a 7106(b)(1) subject of bargaining and therefore negotiable only at the election of the Agency.
The Agency refused to renew the contract of a non-citizen employee claiming the employee misused Agency telephones to place long-distance personal calls.
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