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ICE Rightly Tweaked OT Formula Absent Union, DC Circ Says

Law360 (June 11, 2019, 10:07 PM EDT) -- The D.C. Circuit ruled Tuesday that U.S. Immigration and Customs Enforcement acted within its bounds when it revised the way it tallies overtime for officers without first bargaining with a union representing ICE employees.

A three-judge panel unanimously upheld an administrative decision by the Federal Labor Relations Authority that ICE had no legal duty to bargain with the American Federation of Government Employees National Council, 118-ICE, before it changed the formula it used to calculate the pay of several thousand ICE law enforcement officers.

The FLRA, which oversees labor disputes involving federal employees, had said in its decision that the policy...

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