International Association of Firefighters Local F308 v. Office of the U.S. Capitol Police Board, Case No. 06-LM-01

DECISION OF THE BOARD OF DIRECTORS

Before the Board of Directors: Susan S. Robfogel, Chair. Barbara L. Camens; Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs Wallace, Members.

Exclusions from coverage Under Section 220 of the Congressional Accountability Act of 1995

By the authority vested in the Board of Directors of the Office of Compliance by section 7103(b) of Title 5 of the United States Code, as applied to Legislative Branch employing offices and employees under section 220(c)(1) of the Congressional Accountability Act of 1995 (“CAA”), 2 U.S.C. _ 1351(c)(1), and in order to exempt a certain subdivision of the Office of the Capitol Police Board, an employing office, from coverage under section 220 of the CAA, it is hereby ordered as follows:

1-1 Determinations

The subdivision of the Office of the Capitol Police Board set forth in Section 1-2 of this Order is hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also determined that Chapter 71 of Title 5 of the United States Code, as applied to covered employees and employing offices by section 220 of the CAA, 2 U.S.C. _ 1351, cannot be applied to those subdivisions in a manner consistent with national security requirements and considerations. The subdivision of the Office of the Capitol Police Board set forth in Section 1-2 of this Order is hereby excluded from coverage under section 220 of the CAA.

1-2 Exclusion

Hazardous Material Response Team of the HAZMAT Incident Response Division

ORDER

Pursuant to Section 220(c)(1) of the Congressional Accountability Act, the Board exempts the Hazardous Material Response Team of the HAZMAT Incident Response Division of the Office of the Capitol Police Board from coverage under Section 220 of the CAA.

It is so ORDERED.

Issued, Washington, D.C.
January 17, 2007

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Decision of the Board of Directors was issued and provided to the parties via first-class mail on 17^th of January, 2007. The parties received actual service on the dates below:

FOR PICK UP ON JANUARY 17, 2007
Brian Polisuk, Esq.
Woodley and McGillirary
1125 Fifteenth street, NW
Suite 400
Washington, DC 20005

FOR PICK UP ON JANUARY 17, 2007
Frederick Herrera, Esq.
United States Capitol Police
Office of the Employment Counsel
119 D Street, N.E.
Washington, D.C. 20510

Respectfully Submitted,

Selviana B. Bates
Hearing Clerk