DRUG WAR'S LABOR BATTLE

House Bill's Provisions to Help Chase Traffickers Stumble Over Suspension
of Customs Service's Union Agreements

The war on drugs is producing a labor battle on Capitol Hill, where
Republicans and Democrats are locked in combat over some federal workers'
union contracts and charges that the Clinton administration is bowing to
union pressure at the expense of drug interdiction efforts.

At issue is a provision in a far-reaching drug enforcement bill, scheduled
for a House vote today, that would, in some cases, allow the commissioner
of the U.S. Customs Service to override collective bargaining agreements if
he believes they are detracting from the agency's ability to put its
officers on the front lines of the drug war.

"Instead of drug interdiction, suddenly you're getting into a squabble over
labor relations," Rep. John David Hayworth (R-Ariz.) told Customs officials
during a House Ways and Means Committee meeting last week.

Republicans also accused the agency of flip-flopping on the legislation,
indicating support early in the week but backpedaling into a "neutral"
position two days later -- most likely, they complained, as a result of
organized labor's influence on the White House.

But Democrats alleged that Republicans were engaging in a "disgraceful"
attempt to manipulate the drug war for their own political gain, while
pushing forward with controversial legislation that could set bad
precedents for the government's dealings with its employees.

The legislation is part of a high-profile GOP plan that aims to rid the
United States of illegal drugs by 2002. The "Drug Free Borders Act," which
the Ways and Means Committee approved Thursday, would allocate 31 percent
more funds to the Customs Service's drug interdiction programs than
President Clinton requested in his fiscal 1999 budget. It also would
authorize the agency to hire more than 1,700 new officers over two years to
curb drug smuggling at Florida and Gulf Coast seaports, and the U.S.
borders with Mexico and Canada. Those portions of the legislation have
broad support but the collective bargaining provisions infuriate House
Democrats.

Under current law, Customs must abide by a collective bargaining agreement
with the National Treasury Employees Union, which prohibits the rotation of
officers' assignments without their consent. But the bill would earmark $25
million a year to allow the secretary of the Treasury to rotate some
customs officers for permanent or temporary duty -- whether those officers
agree to the transfers or not -- in order to better meet the agency's drug
interdiction needs. Customs comes under the Treasury Department.

Republicans argued that effective drug interdiction requires flexibility
within the Customs Service, because drug smugglers constantly change their
strategies.

"Drug smugglers don't work 9 to 5, and our nation's front line of defense
in the war on drugs can't work 9 to 5 either," said committee Chairman Bill
Archer (R-Texas.)

The federal employees union says its members "believe strongly in the drug
interdiction mission" of Customs and supports much of the legislation, but
would oppose the bill unless it is changed. Besides the sections regarding
the transferring of employees, the union also criticized the legislation
for cutting the night premium pay available to Customs employees working
odd shifts.

Democrats protested that giving the agency the power to override
union-negotiated contracts would send a demoralizing message to Customs
officers and all federal workers.

"What we're doing is delegating to the Customs department the power to
abrogate contracts, without any criteria," said Rep. Sander M. Levin
(D-Mich.).

Republicans said they were acting in response to requests from the Customs
Service itself, but a protracted exchange between lawmakers and Customs
Service officials indicated that the agency's position on the legislation
was ambiguous.

"It's very clear to me . . . that the White House and Treasury heard from
the labor unions," Archer said.

Democrats maintained the bill would trample on the rights of Customs
employees who place their lives on the line to protect the nation from drugs.

"We have an obligation on anti-drug programs to work together, not to
jockey for political advantage," Levin said. He explained that he would
vote for the bill, despite his vehement objections to the collective
bargaining provisions, so as to deny Republicans the political glee of
maneuvering Democrats into a "no" vote on a drug bill in an election year.

Eight Democrats voted for the bill and one, Xavier Becerra (D-Calif.),
voted "present."

© Copyright 1998 The Washington Post Company

Checked-by: Mike Gogulski