NTEU CHAPTER 280 - U.S.
ENVIRONMENTAL PROTECTION AGENCY, NATIONAL HEADQUARTERS
BEN FRANKLIN STATION, BOX 7672, WASHINGTON D.C. 20044 - PHONE 202-566-2788
INTERNET http://www.nteu280.org
E MAIL
Hirzy.John@epa.gov
DESCRIPTION NEWSLETTER CURRENT ISSUES PRESS RELEASES LINKS MEMBERS PAGE HISTORY SITE INDEX
Inside The Fishbowl
Official Newsletter of NTEU 280
September-October 2007 Volume
22 - Number 15
PRESIDENT Bill
Evans (202)566-2789
EXECUTIVE VICE PRESIDENT
Dwight Welch (202)566-2787
SENIOR VICE PRESIDENT Diane
Lynne (202)566-2786
CHIEF STEWARD Rosezella Canty-Letsome (202)566-2784
J. William Hirzy, Ph.D.
(202)566-2788
Anne-Marie Pastorkovich (202)343-9623
Diane Rains (410)305-2908
Freshteh Toghrol, Ph.D. (410)305-2755
SECRETARY Jeff
Beaubier, Ph.D. (202)564-7642
TREASURER Dr.
Bernard Schneider
(703)305-5555
EDITOR Diane
Lynne (202)566-2786
MAIN UNION NUMBER
(202) 566-2785
UNION FAX NUMBER
(202) 566-1460
NTEU Chapter 280 Website: www.nteu280.org
NTEU National Website: www.nteu.org
Link to NTEU Membership Form: https://www.opm.gov/forms/pdf_fill/sf1187.pdf
Table
of Contents
*1. ULP Filed Against EPA by NTEU National Over PARS Gievances
*2.
*3.
Pandemic Flu Planning Workforce Issues
*4. Pneumonia Vaccines Available for Free at
EPA
*5. Reasonable
Accommodation for Disabilities
*6. Fluoride Update
*7.
Scientific Integrity Award
*8. Compost Bins: Free
or Cheap
*9.
NTEU Fights Proposed Health Premium Increases
*10.
Annual Membership Fee Snafu Causes Cancellation of Health Insurance: Are
you covered?
*11. Global Warming Science Bits from the
Carnegie Institute
*12.
Governator Sues EPA Over
Greenhouse Gas Emission Standards
*13.
CFC Contributions: Consider the
FEEA
*14. GAO
Unionizes
*15. SEC
Pay for Performance System Illegal
*16.
House of Reps Rejects IRS Contracting Out
*17.
NTEU Chapt. 280
Executive Board Opening
_____________________________________________________________
*1. ULP Filed Against EPA By
NTEU National Over PARS Grievances
The following excerpt from the ULP will
give you a flavor for how EPA is playing hardball with Grievances brought under
PARS. When the system changes to link awards to PARS ratings, we can expect
more of our members will want to file grievances over their PARS rating, as
more than just the rating will be at stake – the bonus money will also be an
issue. NTEU participated in negotiations concerning these changes.
On October 10, 2007, The National Treasury
Employees Union filed an unfair labor practice charge (ULP) under paragraph (a)
section 7116 of the Federal Service Labor-Management Statute. This charge,
filed with the Federal Labor Relations Authority was brought against the United
States Environmental Protection Agency because the EPA has failed to provide
information duly requested by NTEU under 5 U.S.C. § 7114(b)(4).
On April 16, 2007, NTEU submitted three
(3) information requests filed under 5 U.S.C. § 7114(b) (4) to EPA. The
The
Agency’s June 5, 2007 response, which was received by NTEU on June 21, 2007, requested
that NTEU provide a particularized need for the material requested. In response, NTEU submitted an Amended
Information Request on June 23, 2007, clarifying its particularized need for
the information. NTEU requested that
the Agency either furnish the requested information no later than July 13,
2007, or contact NTEU with an explanation for non-compliance. After more than two months without
compliance, NTEU notified EPA, via e-mail on August 31, 2007, that pursuant to
Article 44 of the EPA-NTEU Collective Bargaining Agreement, NTEU intended to
file an Unfair Labor Practice. On that
same day, EPA e-mailed NTEU and explained that the Agency would have a response
by the end of the following week; September 7, 2007. Then again, on September 19, 2007, EPA
e-mailed NTEU with assurances that a response was forthcoming. On September 27, 2007, EPA e-mailed the
Agency’s response to NTEU’s June 23, 2007 Amended
Information Request. Here, the Agency
again denied NTEU’s request based on 5 U.S.C. § 7114(b)
(4) (C), which provides that supervisory or management “guidance, advice,
counsel, or training” need not be provided to the union.
EPA’s failure to provide all of the
information requested has severely hindered the
Soon after the ULP is filed, the FLRA
conducts an investigation to determine whether the charge has merit. If the FLRA determines a charge has merit and
an informal resolution cannot be had, the parties will go through a hearing
before the FLRA. Conversely, should the
FLRA find that no ULP exists, the charge will be dismissed.
*2.
Rich Lemley,
Director, EPA Office of Administration responds:
I appreciate Dwight Welch’s opinions expressed
in his recent column, “Bike Locker Fiasco” contained in the August 2007 edition
of “Inside the Fishbowl.” It is often
said that there are two sides to a story, so I want to provide my perspective
on the bicycle storage and access issues at Potomac Yard (PY).
The
Office of Administration has for years been very proactive in providing
storage, shower, and dressing rooms for EPA bicyclists. Indeed, dating back to our Waterside Mall
days, we have included the bicycle community in all aspects of our
planning. For PY, my Facilities staff
sought and obtained input from bike coordinators and other representatives on
an almost monthly basis, and many of the accommodations present today reflect
this dialogue. While the current facilities
may not be perfect, given space and funding limitations, I certainly believe
that they are among the very best within the Federal Government in the
metropolitan area, and this is the direct result of our extensive collaborative
efforts.
Unfortunately,
the access issue has become very contentious with a few cyclists. The parking garage and its access are
commercial spaces controlled by the building owner. EPA has no jurisdiction over them and cannot
dictate the conditions of their use.
Hence, Agency employees and visitors desiring to access the garage,
whether in vehicles or on bicycles, must follow all posted signs. The building owner has consistently indicated
that commingling of bikes and motor vehicles in the same entrance is an
unacceptable safety risk. To maintain
the biking facilities, we had to comply with the owner’s insistence on a
separate bicycle-only entrance into the South building garage. Although this arrangement was developed in
concert with the bicycle community, unfortunately, some cyclists insist on
using the vehicle entrance.
In
a June e-mail, I reminded drivers and cyclists, alike, that they must obey all
rules in accessing and using the garage.
While we have met with the building owner’s representative, along with
GSA, the Arlington County Bicycle Advocate, and EPA bike coordinators, we have
not been able to mitigate the impasse caused by the few cyclists who continue
to use the vehicle entrance.
Nevertheless, this is beyond EPA’s control and the building owner intends
to rigorously enforce the separate entrances by notifying the Arlington County
Police Department when violations occur.
Hence, for safety and legal reasons, I am again requesting that all PY
bicyclists use only the designated bike entrance.
My
Facilities staff and I remain open to working with the bicycling community to
improve facilities, where possible and practical. While we may not be able to please everybody,
I believe we have put forth extraordinary effort and succeeded in providing top
notch facilities for all.
Rich Lemley, Director
Office of Administration
Dwight Welch’s Update on the PY bike
Situation:
Since my article in the last issue of the
Fishbowl, there have been a number of positive changes made to PY bicycle
facilities with more on the way. The
building owner will not be relenting in letting bikers enter the garage with
the flow of traffic the way it is done here at Federal Triangle and most other
facilities. However, some changes have
been made to make crossing the two lanes of traffic safer. I was guided in my tour by OPP’s Jim Kearns.
When a bicyclist opens either the front
entrance or the bike cage door, this sets off flashing
lights and audible signals to tell drivers a bike is crossing. They have added speed bumps and a stop
sign. While the bikers may not get the
convenience they want, at least the improved setup is safer.
At a recent meeting between Facilities
Management and the Unions and bikers, more plans were unveiled. They intend to supply larger lockers, a bench
and other shower/changing room upgrades.
They are also looking into outdoor bike racks and creating a direct
road/path to the bike entrance so that bicyclists will not have to risk running
down pedestrians on the sidewalk.
Rich Lemley,
Director, EPA Office of Administration also urged employees to report any abuse
of employees by security personnel directly to him. His number is 202-564-8400. I will continue
to work with Rich to try to reach suitable compromise between employee needs
and landlord demands.
Response to Mr. Lemley’s
note from Quentin Borges-Silva, PY OPP Bike Coordinator:
Quentin Borges-Silva 's
response to Mr. Lemley's statement is this, "It
is difficult to rectify any of the claims that Rich Lemley
makes in his memo with my experiences from the last 18 months of interacting
with OARM and GSA as OPP's bike coordinator."
Another PY bike commuter responds:
I appreciate Mr. Lemley
and EPA efforts to work something out with the building owner and respect as
well that it is the building owner’s space and EPA has little leverage. Mr. Lemley may have
been aware of what the building manager desired, but the bicyclists weren’t.
Speaking for myself, it's rather difficult to comply with a policy that is a
significant departure from common procedure and a year of practice here, isn't
written, isn't provided to affected parties, and is accompanied with
conflicting direction from authoritative EPA sources.
EPA lost an opportunity, compounded the
issue and directly caused this problem when they failed to engage the Unions,
work the issue, and let NTEU and AFGE help get the word out when the final
decision was reached.
Editor’s
note: Dwight Welch’s take on the PY bike
situation from the last Fishbowl brought many comments. Some folks didn’t
appreciate his colorful oratory, while the grievant in the matter expressed his
praise for Dwight’s effectiveness. The grievant said, in part, “Not only did
Mr. Welch help me; he went over to examine the hazardous situation on his own.
He is now holding managements’ feet to the fire, trying to get them to correct
the problems. Mr. Welch has been a strong advocate for all EPA employees for
almost two decades now and has earned the respect (or fear) of management.”
*3. Pandemic Flu Planning Workforce Issues
On Thursday, October 4, EPA Headquarters
hosted a Town Hall Meeting on Pandemic Influenza. NTEU Chapter 280 was
represented by several attendees. From NTEU’s
perspective, the most important part of the Town Hall meeting was the address
by Jerry Mikowitz, the Deputy Associate Director for
Pay and Leave Administration, Office of Personnel Management who spoke about
Government-wide policies on pay, leave and benefits that will be used during a
pandemic. Following the presentations, NTEU representatives asked questions
concerning continuation of salary in the event the EPA building is “evacuated”
for a period.
The Town Hall Meeting was recorded and is
available for viewing on IPTV. A video recording of the October 4, 2007, Town
Hall Meeting on Pandemic Influenza is now available for viewing, on-demand (click
here)http://intranet.epa.gov/media_. (This link was proved in an
October 27, 2007 memo
from Tom Dunne, AA Office of Homeland Security to EPA Employees.)
NTEU Chapter 280 has expressed concern
about Pandemic Flu preparations to OARM well over two years ago, when Dr. Freshteh Toghrol, NTEU Chapter
280 Vice President first approached Luis Luna, AA, OARM on this issue. However,
despite inquires from NTEU National, made at Chapter 280’s urging, we have not
yet been briefed on the draft policy and management has so far chosen not to
negotiate with us. However, this month, November, expect another Town Hall
meeting that will be EPA specific as to Flu preparations. It is important to
attend and ask questions!
We understand that EPA’s draft policy uses
the language building “evacuation” rather than building “closure”. The significance
of this terminology is that under a building closure, such as last year’s
flooding at EPA HQ, all HQ EPA employees were put on administrative leave, and
received their regular salaries. Under the proposed building evacuation,
employees would be required to show that they worked at home in order to be
paid.
One Chapt. 280 member, who
read our previous Fishbowl article on Pandemic Flu Preparations had this
comment:
I found the
differentiation between building “Closure” and
“Evacuation” to be interesting. If the
building is “evacuated,” is it physically closed? That is, if someone who wants to enter the
building to work or pick up something that they forgot to take home (in order
to work at home), would they be allowed into the building? If they are not allowed into the building,
then the building must be “Closed” and they must be paid even if they don’t
work at home.
If people are
working at home and have to use the LAN, then someone has to be in the building
to run the LAN.
I use an
external hard drive to store my EPA work.
This would be very easy to take home and use with my home computer. These drives cost about $100 (retail) for an
80 GB drive bought by an individual.”
Additional information can be found at the
following web site: http://www.pandemicflu.gov/
For more information and for copies of the
presentations used by the speakers, please visit EPA’s new intranet site on
pandemic influenza at http://intranet.epa.gov/pandemic.
Telework Preparations for Pandemic Flu Planning
NTEU Chapt. 280 keeps pressing management to provide
necessary funding, computer hardware, software and an internet connection to
allow employees to have a telework situation
established, should we ever be subject to a Pandemic Flu building evacuation.
Now, it appears that an opportunity has arisen to enable employees to use
Agency computers at home.
EPA is moving to leased computers. This
means that the computers that you are currently using at your desk, which are
owned by EPA, will be replaced by leased models. NTEU Chapter 280 has asked
Luis Luna, AA OARM, to consider Chapter 280’s request to allow EPA employees to
take these computers home for use in a telework
situation. Many years ago, that was the status quo. Then some kind of policy
emerged that put public schools and other entities in the queue before
employees for this surplus equipment. Now is the time to revisit that policy
and put our EPA employees first, where they belong.
As for the leasing negotiations, even
though we weren’t asked, we will volunteer that we hope the contract permits
EPA employees to buy the leased equipment for a token amount when new models
are changed out under a leasing agreement.
*4. Pneumonia Vaccines Available for Free
at EPA
One of the issues raised at the Town Hall
meeting was the fact that most Flu fatalities are the result of Pneumonia
contracted as a result of the Flu. There is an inoculation available to prevent
Pneumonia.
All EPA employees are eligible to get the
free pneumonia vaccine at one of EPA’s HQ health units,
however they must provide a note from their personal physician. Although the vaccine is generally recommended
for employees 65 and over or who are immunocompromised,
you should check with your doctor to see if they think it is advisable for you.
Unlike the annual Flu vaccine, the pneumonia one is generally good for 5 years.
*5. Reasonable Accommodation for
Disabilities
Many employees have availed themselves of
EPA Order 3110.21 A1 (“Providing Reasonable Accommodation for EPA Employees and
Applicants with Disabilities and Reasonable Accommodation Procedures for
Applicants and Employees with Disabilities”)
The National Reasonable Accommodation
Program Coordinator, Mr. Bill Haig (202-564-7959) can answer any
questions you have about the process. To get a copy of the materials used in
the training or to find out when the next training session is scheduled, call
Ms. Denise Kemp-Nichols at 202-564-4031. To be successfully accommodated, you
need an understanding of the process, the goals and the rules concerning
reasonable accommodation. NTEU Chapter
280 Board members recently attended training on the procedures involved. When
presented with various scenarios of disability situations that may qualify for
reasonable accommodation, the scenarios almost always came down to one phrase
“It depends.” Determination of these situations is very fact specific, so we
hesitate here to give you any general examples. A key part of the presentation
was the theme that the disabled applicant is otherwise “qualified” for their
job (aside from the disability). For more information contact Diane Lynne at 202-566-2786 or Bill
Evans at 202-566-2789.
*6. Fluoride Update by Bill Hirzy
BIG VICTORY FOR INTEGRITY IN JUNEAU; knocking Goliath off with a sling shot!
In spite of the damning evidence contained
in the EPA-funded National Research Council report on fluoride toxicity issued
over a year ago, proponents of water fluoridation continue unabated to push the
outmoded and dangerous practice. But
citizens are informing themselves and local media effectively to ward off these
assaults on reason and scientific integrity. (Eleven EPA labor unions called
for a moratorium on fluoridation in 2005 pending a Congressional hearing
involving the cover-up of a link between increased risk of osteosarcoma
in pre-adolescent boys and their drinking fluoridated water.) Here is an
excerpt from an announcement by Dr. Paul Connett of
the Fluoride Action Network about a big victory in
“I am very happy to share with you the
exciting news that opponents of fluoridation, despite being outspent by
opponents 22 to 1 (i.e. $163,000 versus $7500) won a huge victory in
“To beat fluoridation you need:
“1. An
informed public – the more people know about this issue the less likely they
are to vote for fluoridation.
“2. A
well-organized and dedicated grass roots effort.
“3. Some
local professional people to get up to speed on the issue and take on the
robots turned out by “professional bodies” like the
“4. Local
media who take a genuine interest in the issue and do a professional job
covering the story and allowing both sides equal time to have their say.”
*7.
Scientific Integrity
Award by Bill Hirzy
BURGSTAHLER SCIENTIFIC INTEGRITY AWARD TO
UNION
Dr. Connett had
this to say in announcing the award: “Determining this year’s winner of this
award was very difficult because there are a number of highly deserving
candidates. In the end we have decided to give this award – which sadly carries
no monetary value – to two people whose lives and careers exemplify scientific
integrity and who have made gigantic efforts to end the sorry practice of fluoridation.
These two are Dr. J. William Hirzy and Dr. Robert Carton.
“Bill Hirzy’s
contribution to scientific integrity goes well beyond the issue of
fluoridation. According to Dwight Welch, his colleague at the union (National
Treasury Employees Union 280) which represents professional employees at the
EPA’s headquarters in Washington DC,
“‘Bill had been pushing our union to get
the EPA to adopt the Principles of Scientific Integrity (PSI) before I met him
19 years ago. In fact our union was founded on the idea.”
“‘During the Reagan Regime, when politics
started bending science at EPA, Bill got together with Bob Carton, Bill Coniglio and some other scientists to brain storm how
scientific integrity could be protected at EPA.
They initially thought some sort of scientific society within EPA, but
then decided that such a society would have no legal clout so they formed a
“‘However, during the Clinton
Administration, when Carol Browner was Administrator, we started something
called the National Partnership Council.
Bill was NTEU 280's (then NFFE 2050) rep and he worked with the ORD
management partner (Mike Moore) to make it a joint NTEU-ORD project. After much work, a version was approved and
acknowledged by Administrator Browner.
After George Bush II took over the
“‘Working with ORD, Bill got developed an
actual PSI training course on the net and scientists were encouraged to take
the course.
“‘Sadly, EPA only gives lip service to
PSI, but that is certainly not Bill’s fault.’”
You can access the PSI at
http://intranet.epa.gov/scienceintegrity/principles.html
*8. Compost Bins: Free or Cheap
If you live in
Live in D.C? Sorry, the District doesn’t
have compost bins for distribution.
*9.
NTEU Fights Proposed Health Premium Increases
The average increase of employee premiums
for Blue Cross/Blue Shield in 2008 is 8.5%. Nearly 60% of Federal employees,
retirees and their families have this plan. The average premium increase across
all plans is 2.1%. NTEU President,
Colleen Kelley described the Blue Cross increase as “stunning” and said it
would have a “staggering impact on employees,” as the increase sharply undercuts
the benefit.
Her criticism of the increase was in
addition to criticism of OPM’s admission that it had
used cash reserves to hold down the cost increases in Federal Health Plans.
This marks a second year in a row that OPM has allowed insurance companies to
draw down cash reserves to offset the cost of their plans. This is a
potentially risky practice.
President Kelley is actively supporting
legislation that would increase the government’s share of health insurance
premiums from an average of 72% to an average of 80%, which would match the
level commonly paid in the private sector.
*10.
Annual Membership Fee Payment Snafu Causes Cancellation of Health
Insurance: Are you covered?
By Bill Evans
Personnel Processing SNAFU Disrupts
Employees Health Coverage and Generates Extra Work for Everyone
Be very careful about making sure that you
are covered under your health benefits, especially if you have a plan that
requires payment of an annual membership fee in addition to agency deduction of
premiums. If such a plan reports that
you have not paid this annual membership fee to your Agency, the Agency may
cancel your insurance with no prior Agency warning.
Folks in the EPA Personnel Office may go
out of their way to make sure they cancel your insurance without notice. Consider one of our employees who was insured under a government health insurance plan. We assume that the preferred provider
organization (PPO) attempted to reach the employee by mail, informing them that
the annual fee was due. However, the
employee doesn’t know if the notice (bill) from the PPO was lost in the mail or
inadvertently disposed of as junk mail.
Apparently, the PPO contacted the EPA personnel office and the office
terminated the employee's insurance without even giving the employee a heads up
email or phone call. EPA sent the
employee a notice postmarked on August 30, 2007 that informed them that their
benefits had been terminated on August 4, 2007 (retroactively). By the time the employee received this
notice, their pay had been affected for 2 pay periods.
What if the employee had been
incapacitated or hospitalized during the time her premiums were not deducted or
during the period she was trying to get her insurance reinstated? How much easier would it have been for
Personnel to leave a phone message or an email BEFORE they cancelled the
insurance? The whole transaction could
have been taken care of quickly and easily by the employee and the resulting
email and fax traffic could have been curtailed a hundred fold, as the employee
will have to wait until year end for DFAS to correct the pay stub totals.
We have asked Ken Venuto,
the Director of Human Resources to investigate this situation and agree to
institute a notification process that would provide employees with phone and
e-mail notification prior to insurance cancellation. We will up-date you when we have a
response. In the meantime, if you are
enrolled in a PPO that requires an annual fee (in addition to premiums) you may
want to arrange for direct withdrawal from your bank account so you won’t miss
the due date. We also recommend that you check your DFAS statement regularly to
catch any changes that may be in error. At least check the direct deposit of
your salary on a regular basis to catch any changes that require further
investigation.
*11.
Global Warming Science Bits from the Carnegie Institute
Thanks to the Carnegie Institution for
giving us permission to reprint the following excerpts from their summer 2007 CarnegieScience Newsletter:
Rising Carbon Dioxide Emissions threaten
Coral Reefs
Climate scientist Ken Caldeira
explained at a lecture at the Institution that global warming is no longer the
only environmental catastrophe linked to rising carbon dioxide emissions. The
gas is also acidifying the world’s oceans.
Coral Reefs are especially at risk, because the calcium carbonate that
corals use to make their skeletons is very sensitive to acidic conditions. Caldeira studies this problem by comparing computer models
with evidence from the fossil record. His work has revealed that the Oceans
turned acidic before, as a result of the same catastrophe that is believed to
have killed the dinosaurs 65 million years ago. Evidence suggests that an
enormous meteorite as large as six miles in diameter collided with the
For the full story, see
http://www.ciw.edu/publications/newsletter
Ken Caldeira is
a climate scientist with Global Ecology, which is the smallest Carnegie
Department which opened in 2002 on the campus of
Alarming Acceleration in Carbon Dioxide
Emissions Worldwide
Between 2000 and 2004, worldwide carbon
dioxide emissions increased at a rate of more than three times that of the
1990s – from 1.1% per year during the 1990s to about 3.1% per year beginning in
2000. The scientists found that the
accelerating growth rate is largely due to an increase in the energy required
to produce a unit of gross domestic product (GDP) and the carbon intensity of
the energy system (the amount of carbon per unit of energy), coupled with
increases in population and per-capita GDP.
The increases in energy and carbon
intensity constitute a reversal of a long term trend toward greater energy
efficiency and reduced carbon intensities. “Despite the scientific consensus
that carbon emissions are affecting the world’s climate, we are not seeing
evidence of progress in managing those emissions in either the developed or
developing countries,” remarked Chris Field, director of Carnegie’s Department
of Global Ecology and co-author of a study published May 22 in the Proceedings
of the National Academy of Sciences online Early Edition. You may have seen the
widely reported study in a front page story in the May 22, 2007 issue of
*12.
Governator Sues EPA Over
Greenhouse Gas Emission Standards
On November 8, the State of California
(CA) sued EPA seeking a waiver from EPA standards so that CA can impose the
nation’s first state Greenhouse gas emission standards for cars and light
trucks. CA has been waiting almost two
years for EPA to grant a waiver under the federal Clean Air Act which would
permit the state to implement a 2002 state anti-pollution law regulating
greenhouse gases. More than a dozen other states are likely to follow CA’s lead.
Automakers, opposed to CA’s
effort are concerned that if approved, emission standards would vary by state,
complicating their manufacturing by having to adhere to state by state
standards instead of one national standard.
*13.
CFC Contributions: Consider the
FEEA
Every day, federal employees work to
improve the nation. Every fall, they are given another opportunity to make a
difference in other people's lives.
That's because Sept. 1 marks the beginning
of the Combined Federal Campaign (CFC), when federal workers can pledge an
amount to be withheld from their pay checks, starting January, and contributed
to a charity of their choice.
One CFC charity that allows federal
employees to help other federal employees is the Federal Employee Education
& Assistance Fund (FEEA). Money donated to FEEA helps federal workers and
their families through scholarships, emergency grants and loans.
For more information on FEEA, visit www.feea.org .
For more on CFC, visit www.opm.gov/cfc
.
*14.
GAO Unionizes
After 86 years as a non-Union workplace,
what could have inspired the Government Accountability Office analysts to
Unionize? In an 897 to 445 vote, GAO joined the International Federation of
Professional and Technical Engineers. With a 2 to 1 ratio of dues-paying
members, this is going to be one powerful union! The reasons behind the Union
effort included workplace issues like the way managers conduct job-performance
evaluations. What pushed the workers to Unionize included a controversial
decision by the head of GAO to split a pay band in half, and the elimination of
a cost of living increase impacting many workers. Some analysts took their
complaints to Congress. The GAO head ended up authorizing a settlement with 12
employees who had filed grievances over the pay changes. In his column, The
Federal Diary, Stephen Barr points out that “The Union vote, to some degree,
underscores the difficult nature of overhauling pay and personnel rules in
government, especially if employees perceive them as eroding annual raises and
reducing credits for retirement.” (The
GAO joins the Federal Aviation
Administration who unionized with AFSCME in 1999 and 2000 over changes to pay
rules, and the Securities and Exchange Commission, Office of the Comptroller of
the Currency, and the National Credit Union Administration who all joined NTEU
between 2000- 2004.
*15. SEC Pay for Performance System Illegal
NTEU has obtained a favorable decision in
an arbitration challenging the Security and Exchange Commission’s
implementation of its 2003 “pay-for-performance” program. The arbitrator found that the agency’s
subjective program for awarding merit step increases violated Title VII of the
Civil Rights Act as well as the Age Discrimination in Employment Act. The parties have been directed to submit
briefs to the arbitrator addressing the issue of the appropriate remedy for
these violations within 60 days.
*16.
House of Reps Rejects IRS Contracting Out and FDA Employees Win Round
One in Outsourcing Fight
The House of Representatives, in a
bipartisan effort, recently passed legislation to end the use of contracted out
debt collectors at the IRS through H.R. 3056, the Tax Collection Responsibility
Act of 2007. NTEU President Colleen Kelley thanked all House members who voted
to repeal this contracted out program, but, especially recognized
NTEU’s intervention caused the FDA to shelve a
plan to close more than half its sample-testing labs. Now NTEU is fighting
misguided A-76 efforts for outsourcing FDA work. FDA employees recently won the first four of
13 planned public-private competitions for their jobs. NTEU is calling on the FDA to abandon plans
to conduct the remaining studies. Altogether 332 federal jobs are at
stake.
*17.
NTEU Chapt. 280
Executive Board Opening
We are soliciting applications for a Vice
President vacancy on the Executive Board. Applicants must be dues paying
members. Statement of interest and qualifications may be directed to Bill Evans
at Evans.Bill@EPA.GOV by December 1,
2007.