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NTEU CHAPTER 280 - U.S.
ENVIRONMENTAL PROTECTION AGENCY, NATIONAL HEADQUARTERS DESCRIPTION NEWSLETTER CURRENT ISSUES PRESS RELEASES LINKS MEMBERS PAGE HISTORY SITE INDEX
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The Fishbowl
Official Newsletter of NTEU 280 October 1999 IN MEMORIAM: SENATOR JOHN H. CHAFEE America lost a great man last week when John H. Chafee died at Bethesda Naval Hospital. Those of us who toil for the environment lost a staunch ally and good friend who was Chairman of the Senate Committee on Environment and Public Works. Senator Chafee's public service began in the U.S. Marine Corps, in which he fought through the Pacific campaigns beginning at Guadalcanal. He was served in the Corps again in Korea. He was a graduate of Yale and took his LL.B. at Harvard. We will miss him. CHAPTER 280 WEBSITE IS ON-LINE The Chapter 280 Website is on-line and can be
accessed at <www.nteu280.org>. The site, still under construction,
contains past issues of Inside the Fishbowl, the Collective Bargaining
Agreement, contact points, an electronic membership form, the Fluoride White
Paper, professional ethics matters, chapter history and other information about
the chapter, its leadership and its activities. We hope that soon we can
dispense with paper distribution of Inside the Fishbowl except to members who
want to continue receiving it. ADMINISTRATOR KEEPS HER WORD ON DIVERSITY IN NEW INFORMATION OFFICE - by Dwight Welch In the last issue I noted diversity-based criticisms of senior management appointments in the nIO. Appointments for mid-level management have now been made, and a substantial number of minority managers were named. No word yet from EPA civil rights groups on their take on this development.. FLU SHOTS OFFERED TO EPA EMPLOYEES EPA is offering its federal employees free shots to
immunize against the flu, beginning in October and running through November or
until supplies of vaccine run out. At Waterside Mall, the health unit offers
shots on Monday, Wednesday and Friday mornings, from 9 am until 12 noon. At
Crystal Mall 2, the health unit on the third floor offers the shots on Tuesday,
Wednesday and Thursday afternoons, from 1 to 4 pm. Inside the Fishbowl
does not have the schedule for the Federal Triangle at this time. HIRING FREEZE CONTINUES The freeze on EPA hirings continues. The
labor-management team charged with reviewing and making recommendations on
applications for exemptions to the freeze has not met since late August,
conducting its business in the interim via email. No meetings have been
held since then in anticipation of our getting a budget to help guide
deliberations. Virtually no exemptions have been recommended, though
applications from OAR, OPPT and other shops have been considered.
The tables on the penultimate pages of this issue showing EPA's
employment level history since 1990 and through FY 1999 were prepared for the
Team's use by the Office of Human Resources and Organizational Services, and we
publish them here for your information. The Team is scheduled to meet again on November 2, budget or
no budget. LIMITATIONS ON LOBBYING CONGRESS - by Jim Murphy Speaking of budget, from time to time the Union recommends that you contact your Senators and Representative in Congress to express your interest in an issue or outcome related to pending legislation. Here a few suggestions for making your efforts most productive while avoiding potential problems. First, given the interest most Senators and Congressmen have in getting re-elected, your letter stands the best chance of being read if you identify yourself as a constituent who can vote for the incumbent. Letters to Senators in other states or Representatives in other Congressional districts may or may not even be read, let alone acted upon. Second, you should be aware that the use of appropriated funds and government facilities for lobbying is strenuously frowned upon. It may run contrary to one of a handful of laws that regulate lobbying and lobbyists. Even if it is not strictly illegal, it may appear to some to be illegal, or unethical , or simply irritating. There are several potential ethics problems. Using Agency letterhead, e-mail or fax seems to represent the author as speaking in an official government capacity, when he or she is really speaking in a private capacity. Further, the practice makes unauthorized use of Agency resources, Taking sides in a controversial issue as a private citizen is respected, but appearing to try to gain status or leverage in the guise of a government official is likely to irritate and invite "blowback" by those on the opposite side. What should you do? Write from home on your own time with your own stationery. Handwritten letters have a nice personal touch (unless your handwriting is totally impenetrable). Use your own fax or a commercial fax. Beware of the seductive convenience of the e-mail "Reply" button until you get home, and especially avoid "Reply to All" and options for sending e-mail to personal and private groups from your government computer. Another option is to work with and through your Union. Unions, unlike individuals, can advocate legislation as part of their representational function. So bring your interests and concerns to the Union, and let's work together. THE TIME HAS COME TO TAKE EECO OFF LIFE SUPPORT Five years ago, unionized professional employees at EPA headquarters sought to leave the National Federation of Federal Employees (NFFE Local 2050) and create an independent union called Environmental Employees Collectively Organized, or EECO. NFFE responded by putting Local 2050 in trusteeship, which blocked recognition of EECO as the certified representative of the EPA professionals. A year and a half ago, the members of NFFE Local 2050 voted to become Chapter 280 of the National Treasury Employees Union, without opposition from NFFE. Some loyal members of EECO continue to pay dues of $5.00 per pay period, even though EECO disbanded in April 1997. EECO members voted at their final membership meeting to refund a portion of the remainder of the EECO treasury to the members to a limit equal to the total of their individual contribution to EECO. A committee was established at this meeting for the purpose of devising an equitable system for returning dues to members. The problem is, since EECO was never recognized as the official representative of the professionals' bargaining unit, EECO dues were never collected as union dues, and no complete list of EECO members was ever available from the Agency or the financial institution that received the dues. The Agency would only deduct the $5.00 per pay period as a private allotment, the same as if it were for a credit union. The Agency has claimed that it had no list of EECO contributors, and that it would be inappropriate for them to try to generate such a list, as each person's allotment is a private matter. The financial institution receiving the dues likewise declined to list the EECO contributors. Now the EECO account is to be closed. The committee needs to ask your help in three ways. First, notify the EPA Payroll Office to terminate your biweekly $5.00 EECO dues deduction (or "allotment"), if you have not already done so. Forms are available in the NTEU Chapter 280 office if you need one. Second, let Jim Murphy, Bill Garetz or Bill Hirzy know if you are among the EECO members. [Murphy 260-2987, Garetz 260-2684, Hirzy 260-4683.] Third, if you want to be considered to get back a portion of what you contributed to the EECO treasury and did not apply when the earlier announcements were made, please send proof or initial and final EECO dues payment to a member of the disbursement committee (Jim Murphy, Bill Hirzy, and/or Bill Garetz). If you did not keep the relevant payroll statement you can ask EPA payroll to provide a new one. MORE LOCAL INTEREST NEWS CONSIDER 2808, 0861, 1093 ON COMBINED FEDERAL CAMPAIGN Our Union members and bargaining-unit members are urged to consider supporting organizations in the current Combined Federal Campaign that have supported NFFE Local 2050 and NTEU Chapter 280 here at EPA and federal workers elsewhere in the recent past. The Federal Employee Education and Assistance Fund (FEEA, CFC number 2808) helped the survivors of the bombing of the federal building in Oklahoma City, and every year gives substantial college scholarships to highly qualified federal workers and their families. (Incidentally, Robert Tobias, the past president of NTEU, was a founder of FEEA.) The Government Accountability Project (GAP, CFC number 0861) has worked with our Union over the years on protection of government "whistleblowers." Several years ago, GAP helped to secure national recognition for then-Chief Steward Rufus Morison. Public Employees for Environmental Responsibility, Inc., (PEER, CFC number 1093) started out as a group of concerned Forest Service employees. We met them at the first PIE (Protecting Integrity and Ethics) Conference at Georgetown University, and have stayed in touch over the years. Last year, PEER gave a well-attended seminar in the EPA Office of Pesticide Programs at Jim Goodyear's invitation. AWARDS BOARDS - by Bill Hirzy Progress toward implementing the agreement between EPA and the two Headquarters unions is mixed. Awards Boards have begun to function in several Headquarters Offices, such as the Office of the Administrator and the Office of Pesticide Programs. In other Offices, such as Wastewater Management, Pollution Prevention and Toxics and Research and Development, charters for Board operation have been agreed to and the Boards expect to be working shortly. In some other Offices Boards have not even begun to work on their charters, the excuse given being that one of the two unions is not represented on the nascent Board. This is distressing because a well publicized agreement among the unions and the Labor Management office to permit Boards to function without representation from one of the unions is being ignored. This agreement was announced, among other venues, at the training session held for Board members in June. Following a report on this problem a the Headquarters Partnership Council, management has taken steps to rectify these delays. Below are detailed reports on two Boards - one from a small Office and one from a large Office - whose members took the bit in their teeth last Summer and have already established a solid record of accomplishment. These reports were written by Drs. Kooyoomjian and Merenda, respectively. The Office of the Administrator's (AO) Awards Board held its first meeting on June 30, 1999. The three-member board is chaired by management representative Mr. Gordon I. Schisler, Deputy Director of EPA's Office of Cooperative Environmental Management. The Chairmanship will be rotated every two years among the AO Awards Board members. Other members include the NTEU Chapter 280 representative Dr. K. Jack Kooyoomjian of the Science Advisory Board and the AFGE Local 3331 representative Ms. Sharita D. Shaw of the Administrator's Office of Executive Secretariat. In an unofficial capacity, Martine Carrillo of the Administrator's Office of Executive Support is serving as the AO Awards Board liaison. During the first meeting, the board members drafted the proposed AO Awards Board Charter. At the second meeting held on July 21, 1999, the board members finalized the terms of the draft AO Awards Board Charter. On July 22, 1999, the final version of the AO Awards Board Charter for the Staff Offices of the Administrator was adopted and signed by all members. To date, the AO Awards Board has met three times to review award recommendations (August 25th and September 8th in face-to-face meetings, and September 8th in a teleconference call). Face-to-face meetings are normally held to discuss various issues. The Office of Pesticide Programs Awards Board began meeting in July, met every other Wednesday, and recently completed its first cycle of reviewing and providing recommendations on monetary awards. The Board members are: Dr. Joseph Merenda, Acting Deputy Director of OPP, Dr. Irving Mauer, Toxicologist in the Hazard Evaluation Division representing NTEU, and Ms. Edna Monts of the Information Resources and Services Division representing AFGE. The board reviewed and made recommendations on a total of 132 nominations for awards in excess of $650 each that were submitted to the board by OPP divisions. The board rated 102 of the 132 nominations as "Recommended", but in 17 cases questioned the proposed award amount. In 15 of these cases the board thought the proposed amount appeared high relative to the accomplishments cited in the justification, while in 2 instances the board commented that a larger award amount appeared justified. The board provided a response of "Not Recommended" for the other 30 nominations it reviewed, along with comments on what led the board to that conclusion. In a few of these 30 cases, the board suggested that a team award recognizing all employees who contributed to the cited achievement would appear to be more appropriate than the individual nominations submitted to the board. However, most of the instances where the board designated a nomination as "Not Recommended" were because of the board's view that the submitted justification was incomplete and/or did not appear to support the amount of the proposed award when compared with the other award nominations submitted to the board. For 10 of these 30 "Not Recommended" nominations the board's commented that the proposed award amount appeared excessive in light the submitted justification. WHISTLEBLOWER PROTECTION - UNION SUPPORTS CONGRESSIONAL ACTION The following letter was submitted to the Chairman and Ranking Member of House Committee on Science on October 28, 1999 on behalf of Chapter 280 and EPA employees. "Dear Chairman Sensenbrenner and Representative Hall: "On behalf of the professional employees at Headquarters, U.S. Environmental Protection Agency (EPA) which we represent and the members of Chapter 280 of the National Treasury Employees Union, of which we are officers, we are writing in support of the requests made by the National Whistleblower Center (NWC) to your Committee. In their letter to you, directors of NWC ask for action by your Committee to make EPA an Agency where the best science and other analytical work will guide public policy. "Our union was founded sixteen years ago with this very goal as its cornerstone. "The employees we represent, all scientists, lawyers, engineers, and other professionals, are dedicated to serving the public interest by providing the highest quality professional advice that we can to the political leadership of EPA. The political leadership, under our constitutional form of government, can take our advice or not, as they choose. Often our advice does guide those leaders in formulating environmental policies for the Nation, but sometimes our advice is ignored or spurned. "There are EPA employees who may accept this latter outcome without comment or complaint. Others do not. Those employees who choose not to accept with docility their best professional work being spurned, especially when public health or environmental integrity are at stake, often speak out - blow the whistle. Sometimes this happens before a Congressional Committee, sometimes in the media. The employees then become targets of retaliation by the political leadership acting through subordinate managers. "The result of such management action, in addition to the devastation visited upon the whistleblower, is to intimidate other employees as well, to discourage them from assertive action, even within the friendly confines of their program offices, on behalf of the public when such action is perceived to be at variance with the political agenda of the day. "Even when employees who have been subjected to retaliation fight back and win - in court or at the Department of Labor - the management officials responsible for such reprehensible and repressive action have never in our memory been disciplined or suffered any adverse consequence. Thus other employees get the message that when their boss raises an eyebrow over some critical aspect of their work, they had better "go along to get along." They had better make sure that their work doesn't embarrass the political leadership. The whip hand is unrestrained. "This mode of conducting the public's business is dead wrong. It endangers public health and environmental integrity. Good science and good scientists should be what EPA is about. Instead, it too often is about supporting a political agenda. Our union Treasurer, the Chief Toxicologist in the Office of Drinking Water, was fired for refusing to remain silent about the cancer risks associated with water fluoridation. The firing had nothing to do with the trumped up charges EPA had brought against him, said the Administrative Law Judge who ruled in his favor in an action he brought under whistleblower protection provisions of Federal law. His firing had everything to do with protecting a policy, increasingly discredited by a growing body of scientific evidence, of expanding water fluoridation throughout the United States. "Let me make one point clear, we of the Civil Service do not make policy, nor do we want to interfere with the constitutional mandate of the Executive Branch management to whom we report. That management is the linear descendant of the President, and thus management can and must set policies to enforce the laws that you in Congress enact. What we insist upon, what we fight for here today, is the right not to be muzzled or be forced to lie. "We want the analytical work for which the American public pays us to be on the record, available for the public and especially for the Congress to see without hindrance. If our work supports the Executive Branch's political agenda, that is just fine. If it does not, that is just fine too. In this latter case, it then becomes the duty of the political leadership of the Agency to explain to you and to the public why policies have been set that are not supported by our scientific and analytical work "All that said, I want to point out that a significant development in the right direction has recently occurred at EPA. Our union and EPA management, in conjunction with other EPA labor organizations in EPA's National Partnership Council Executive Board, has brought to the brink of fruition a set of Principles of Scientific Integrity. The Executive Board anticipates that this document, when finally agreed to by the full Partnership Council in December, will provide the basis for internal policing against much of the abuse that EPA employees have suffered in the past. Whether this expectation is realized, of course, will only be proven with the passage time, and this union promises to keep you and the Committee informed on this point. "We urge the Committee to take the steps outlined in the letter to you from William Sanjour and David Lewis of the National Whistleblower Center. We support training of EPA employees and managers, not only in the whistleblower protections afforded by Federal law, but in EPA's new Principles of Scientific Integrity. We support EPA and the Department of Labor signing a Memorandum of Understanding on whistleblower protections. We support reform of EPA's Office of Inspector General, seconding the complaints registered by Messrs. Sanjour and Lewis about that Office. "Respectfully submitted, "Dwight A. Welch Dr. James J. Murphy Rosezella Canty-Letsome Dr. J. William Hirzy" President Exec. Vice-president Chief Steward Sr. Vice-President ORD TRAVEL POLICY CHANGES NTEU Chapter 280's Executive Board has voted to join with Ed Exum, of EPA's unit of National Association of Government Employees, Athens GA, in calling for negotiations on the ORD travel policy, and to forward the issue of travel policy to the NPC Executive Board for action as part of the NPC's (hopefully) on-going concern and activity titled "Consistency in Labor Relations". We join in solidarity with NAGE's concern over other EPA managerial units behaving in a similar fashion, viz. ignoring the obligations imposed by Executive Order 12871 to involve unions in this kind of working conditions policy development work. A meeting has been set for November 3 at the Reagan Building at which ORD management and affected unions will try to resolve this dispute. Key elements of the dispute involve international travel restrictions that have been imposed by ORD and that do not comport with EPA-wide restrictions used by other AA-ships. INTEGRATED PEST MANAGEMENT- by Arthur Chiu Ariel Rios occupants have expressed a general concern over continued pest infestation including insects (particularly ants and cockroaches), and an increased visibility of rats. The increase in pest activity can to some degree be attributed to the construction areas on both ends of the building. Due to worker complaints, both as individuals and through their unions, the pest problem within the construction area is being reassessed and addressed by GSA inspectors and construction contractors. However, the residents of the building must also understand their responsibility in controlling our little and some times rather large friends. To respond to the workers' complaints about Ariel Rios, the Health and Safety Division, Office of Administration recently called a meeting with the participation of the Ariel Rios GSA Building and Grounds Office, the Ariel Rios EPA Facility office , the two labor unions (AFGE/NTEU) and the GSA National Capitol Region. GSA is consulted on this matter since they are responsible for the government-owned EPA buildings. GSA's National Capital Region (NCR) began implementation of an Integrated Pest Management (IPM) program dating back to 1988. The IPM program focuses on two simple facts: · Pests are found in a building because they are getting food, water or shelter. · The less of these three things they've got, the
less of them there will be. The GSA IPM program does not call for the routine spraying of pesticides, and EPA management has not allowed any office pesticide applications. Insect pest control at Ariel Rios has included the use of sticky traps and containerized insecticide bait stations. The sticky traps are used as a monitoring device to reveal and pinpoint infestations rather than an actual control mechanism. The small plastic bait stations are presently considered to be one of the safest and most effective ways to control roaches and ants in an office environment. Present rat control efforts at Ariel Rios include trapping on the occupied side of the building and the use of traps and poison bait stations in the construction areas. GSA and the construction contractor have agreed to increase trapping efforts and to step up sanitation requirements within the construction zone in an effort to reduce the rat population. However, a significant rat population reduction may not be evident until construction projects are completed and all food/water sources are eliminated. In order to be effective, this effort will also need the support of all building occupants to reduce food and shelter sources within occupied space. It is agreed by all attending parties that present insect pest control with sticky traps for cockroach infestation should be maintained and enhanced. Also, the traps and poison bait approach for rodents should be maintained. In addition, a simultaneous elimination of sources of contamination such as food sources left unattended, and thus open to infestation, and sealing off newly created egresses, where pests gain access from new reconstruction should be implemented. It is our understanding that there will be increased patrol and monitoring of construction areas to prevent the problems mentioned here. IPM means simultaneously improving sanitation; eliminating water where it doesn't belong, reducing clutter, and sealing up gaps and crevices that give pests access or shelter. Eliminating water sources and sealing up the building to prevent pest access are two items which clearly are the responsibility of building and construction management and not the daily occupants. However, building occupants are encouraged to report any signs of moisture along walls, floors or baseboards promptly to building services so water leaks can be addressed ASAP. Building occupants can effectively support pest control by increasing sanitation efforts and reducing the amount of office clutter. Occupants with large amounts of paper and miscellaneous items stacked within offices and work stations are encouraged to file, store and recycle materials to reduce hiding places and food sources for pests. There are three simple precautions which should be followed by all building occupants on a daily basis to improve sanitation efforts and to reduce the food supply for insects and rats: Thoroughly clean your work area or any other area used to eat lunch or snacks. Reduce or eliminate the storage of food items within work stations or offices. If food must be stored in a work area it should be in an air tight metal, glass or plastic container. Wrap or bag food waste before placing it in a trash can. In summary, it is important to note that the IPM program will not wipe out every pest in the building. However, the IPM approach has proved to be a success wherever it has been effectively instituted and enforced. All building occupants should understand that daily sanitation is far more important in pest control than are pesticides. EPA workers should continue to report pest/vermin sightings to the EPA Ariel Rios Facility Office. Workers are also encouraged to communicate issues to their unions. Additional pest management information bulletins will be periodically posted in the building pantries for your perusal. Albert Greene, PhD, Chief, Building Service Section, National Capitol Region, Entomologist, has offered to give periodic lectures to those EPA offices housed in this area, when we request them. EPA'S NATIONAL PARTNERSHIP COUNCIL AT WORK CODE OF PROFESSIONAL ETHICS or (apologies to the Bard) A ROSE BY ANY OTHER NAME WOULD SMELL AS SWEET - by Bill Hirzy The Office of Government Ethics claims a lock on the use of the word "ethics", and for any other Federal entity to make so bold as to use the E word outside that revered tome, Standards of Ethical Conduct for Employees of the Executive Branch, causes bureaucrats in any such entity to tremble at the prospect of a wrathful visitation from OGE. And so it was that the code of professional ethics that this union has been working to make part of the EPA culture, has morphed into a set of Principles of Scientific Integrity under the anxious ministrations of such bureaucrats. No problem. But seriously, the EPA National Partnership Council's Executive Board has hammered out a draft set of ethical principles for EPA employees that has cleared almost all the hurdles it must before adoption by the full NPC and then by EPA. Since the Principles of Scientific Integrity must pass a final review by the Office of General Counsel as well as the NPC, it cannot be quoted verbatim in this report, but here are the high points: All EPA employees are responsible for the integrity of their work, for presenting their work and that of others fairly and accurately, for avoiding plagiarism, for understanding the progam laws they work under, for reporting violations of ethical principles, for complying with the OGE tome cited above, and for open and honest exchanges of scientific opinion with peers. We still have to work out a process for resolving differences of scientific opinion, but with the progress we have made so far, it is a fair bet that we can do that too. Final OGC review is expected to be finished in a few weeks, then the full NPC will act in December, and assuming approval at both check points, EPA employees can expect an "inoculation" with the actual Principles of Scientific Integrity early in the next millennium. Then we must all set to work to make the Principles come alive. ALTERNATIVE DISPUTE RESOLUTION (ADR) PILOT ADVANCES One of the EPA National Partnership Council Executive Board's activities this year has been development of a pilot ADR program to run at Headquarters. The program, put together by a diligent team of management and union people led by Bruce Englebert and Tanya Hill, is now out for review and comment by the Agency's senior managers. Rosezella Canty-Letsome, Julie Simpson, Bill Gartez and Jim Murphy have worked hard for our Chapter on this program, and we hope to have the program running before the close of the millennium. Mediation of disputes, the heart of the program, is a voluntary, confidential and informal process that uses a neutral third party to resolve disputes. Other Federal agencies that have used this process report a 60-70% settlement rate. Much quicker resolution of disputes is another benefit reported by those now using ADR. For the pilot - which will become a permanent program, fine tuned by the first-year piloting - issues that would be subject to the EEO and negotiated or administrative grievance processes will be accepted. Issues that will not be accepted for ADR include matters under IG, OPM, OSC or police agency investigation, cases involving egregious misconduct and certain matters under EPA management investigation, such as credit card misuse or sexual harassment. After the pilot period, scientific disputes, disputes between managers or between staff members (e.g. who cleans the coffee pot?) may be included in the program. NATIONAL PARTNERSHIP COUNCIL AGENDA 2000 - by Bill Hirzy EPA's full National Partnership Council (NPC) will meet in Atlanta December 14-16 to consider and take action on the work done by its Executive Board during 1999 and to assign it tasks for 2000. Among the items being considered for next year are: 1) an Agency promotion policy that will, among other things, deal with the "clogged" GS-14 and 15 levels that resulted from the so-called flattening work of 1994-5; 2) the role of technology as we try to meet EPA environmental goals; 3) implementation of Diversity Action Plans; 4) employee health and safety issues across the Agency; 5) hours-of-work issues, e.g. compressed work week programs, credit hours, etc; 6) development of a strategic plan for labor-management relations; 7) the role of the NPC vis-a-vis the Human Resource Council; and 8) domestic partnership issues. If you have questions about any aspect of the NPC-EB's work, please call me at 260-4683, or email: hirzy.john NEWS OF NTEU NATIONAL - by Dwight Welch and Jim Murphy No Division of the House Here - Report on the NTEU Convention The National Treasury Employees Union held its 1999 National Convention in Las Vegas, Nevada August 2-5. EPA's Chapter 280 sent delegates Dwight Welch, Jim Murphy, Freshteh Toghrol, and Bill Garetz. Comparisons between NFFE and NTEU Conventions are interesting. NFFE Conventions always featured a substantial number of competing candidates and controversial issues. At this NTEU convention, although there were some opposing candidates, the major candidates won by landslides. Out of about 1600 possible votes, newly elected President Colleen Kelley and Executive Vice President Frank Ferris garnered about 1500 votes each. The other contenders for President were John Mitchell of Chapter 73 and Jerry Feith of Chapter 65. Our new District 12 Vice-President is Julius McClaskey, a young black man from Dallas. He replaces Eunice Queen. Similarly, most of the constitutional amendments were passed with "one mind". Recommendations of the Constitution Committee were upheld by nearly unanimous votes. We disposed of 28 constitutional amendments by Wednesday afternoon, along with 131 resolutions.. On Thursday, we disposed of another handful of resolutions and decided four election challenges. All four challenges had been dismissed by former President Robert Tobias and subsequently by the National Executive Board. However, delegates of Chapter 280 found two of the challenges meritorious. Despite valiant efforts on the floor by Vice President Bill Garetz and President Dwight Welch, the decisions of Mr. Tobias and the NEB were sustained. One constitutional amendment would have restructured NTEU districts to put EPA, FDA, NRC, and other scientific/regulatory agencies under one district/National Vice President. This suggested amendment failed badly. Offered by the Chief Steward at NRC, Mike Stein, the amendment had a fatal flaw: the restructuring would have granted equal power to substantially smaller (membership totals) districts. Mr. Stein, also, unfortunately did not do his homework. He failed to build grassroots support for the amendment. Mike is seeking to rectify this by the next convention. (See next story) At least 11 chapters have web sites and entered them in the past year's newsletter-plus competition Mike Stein Organizes Regional Science-Based Chapters - Professional Ethics an Issue The first meeting of the Washington area Chapters was convened at the Food and Drug Administration in Rockville in mid-September. The next meeting will be November 16th at the Nuclear Regulatory Commission. Participants are interested in setting the stage for a District to include the scientific and regulatory agencies and to deal with issues of local interest to Washington, DC area members. Unfortunately, the first meeting was sparsely attended. Attendees agreed upon some courses of action in addition to setting a tentative schedule of meeting every other month. Chapter leaders agreed to stay in contact via e-mail, to share Collective Bargaining Agreements, and to list areas of expertise in order to assist each other. Sharing CBAs, can be immensely beneficial to us in that strong articles from other CBAs could help to improve upon our own. As to expertise, other Agencies were very interested in the Health and Safety work done at EPA HQ, and we asked FDA about their means of handling minority scientific opinions. Chapter 280 is currently working on an Ethics agreement which would allow for minority scientific opinions to remain a part of final decision documents and not be lost in obscurity. NTEU National President Colleen Kelley Assails Rising Health Insurance Premuims The new National President of NTEU, Colleen Kelley, called upon the Office of Personnel Management on September 22 to "take swift and decisive action" to contain escalating health care premiums under the Federal Employees Health Benefits Program. President Kelley said the projected 9.3 percent increase in insurance premiums comes at a time when NTEU has been urging OPM to make health care more affordable, not less. The high-and-rising premiums may force workers to make the hard choice to go without health care. Kelley noted that the projected increase is about three times the rate of current and projected inflation. NTEU plans to make affordable health care a legislative priority. For more information, visit the NTEU web site at www.nteu.org NTEU Names New Director of Negotiations, Gears up for EPA Contract The National Treasury Employees Union has named Mike Filler to be the new national Director of Negotiations, succeeding Frank Ferris, who was elected and sworn in as National Executive Vice-President at the NTEU National Convention in August in Las Vegas. Mike Filler has been Regional Director of NTEU's large Hoboken Field Office. Suzanne Brennan of the NTEU Negotiations staff visited Chapter 280 on Tuesday, September 28, to initiate planning for next year's contract negotiations. EPA headquarters professional employees are covered by the last contract negotiated by NFFE Local 2050, which runs until September 19, 2000. Members are invited to send in ideas about what the new contract should address to any of the officers of Chapter 280 listed on the cover of the Fishbowl as soon as possible and as further ideas occur to you. Don't wait until next September. Thank you. Information on NTEU Dental Plan Available FROM CHAPTER 280 NTEU benefits coordinator, Talita Grayton, has provided to Chapter 280 information on coverage and costs of dental care under the CIGNA dental plan. Contact Jim Murphy at (202) 260-2987 for a copy, or visit the CIGNA Dental web site at www.cigna.com/dental Region IX NFFE Local Wants to Join NTEU - We Lend Support Attempting to go the way of HQ, Cincinnati, and Atlanta, the San Francisco local of NFFE is trying to change affiliation to NTEU, but has been put into trusteeship by NFFE National for its efforts. Local leadership there is in a stressful situation, as those of us who have been down that road can testify. Dwight Welch sent a letter of support to the Region IX NFFE President, Pat Chan, outlining our experience with NTEU vs. NFFE and wishing him success. OPINION AND THE REST OF THE NEWS ADVERSE EFFECTS OF BUDGET CUTS ON HEALTH AND SAFETY - by Dwight Welch Every worker in this country should have a work place free of recognized hazards. Specifically, this refers to hazards that may pose a threat of injury, illness and/or death to employees. In fact, these are very similar words to those in the OSH Act of 1970. As a working condition, certainly safety and health are and should be among the highest of our priorities. We should have learned this lesson the hard way more than 30 years ago. The White House has just announced the Federal Worker 2000 Initiative aimed at reducing preventable employment-related injuries in the Federal workplace. In fact, you will soon receive the announcement of the Federal Worker 2000 Initiative from the AA/OARM, Romy Diaz. However, we are faced with a growing dilemma. As I am sure you are well aware, providing effective safety and health programs requires an investment of management and employee commitment as well as technical and financial resources. It takes much more than saying "be careful". FY'99 operating budget reductions seriously limited resources available for providing safety and health programs and services to EPA employees at headquarters as well as EPA employees nationwide. Early indications now suggest there may be further reductions which may frankly push employee safety and health services into an operational coma. The following is a list of some of the safety and health services now facing or likely to face reduction or discontinuance. 1. Indoor Air Quality Assessments 2. Laboratory Analysis and Reports of Indoor Air Testing 3. On-site industrial hygiene support at Headquarters EPA 4. Air monitoring for asbestos and lead in any of our buildings. 5. The maintenance and calibration of monitoring instruments. 6. Wipe sampling for lead or asbestos particulate. 7. Contracting of external technical services. 8. Drinking water testing for potability. 9. Testing for microbial growth in EPA work spaces. 10. Monitoring and assessing air handling (HVAC) systems. 11. Fire code and life safety code evaluations in EPA buildings. 12. Safety and health training for EPA employees. 13. Medical reviews and medical surveillance for employees who experience potential and significant hazardous exposures during the course of routine job duties. 14. Technical and professional development courses for colateral and full-time safety and health officials (including union) 15. Material Safety Data Sheet reviews and health risk reviews for construction and renovation projects. 16. Studies to help us plan for effective prevention and intervention programs. 17. Development and operation of information management systems to help us better receive, respond, report and record employee calls and/or complaints. This is a critical customer service tool. 18. Availability of allergy shots, immunizations or other prescribed treatments on-site. 19. Ergonomic training, assessments and improvement plans. 20. Health Units and Fitness Centers services and locations I could list more, but I think you see what I mean. We have enjoyed a longstanding partnership in safety and health at EPA headquarters for some time now. I would like to call on this partnership to help raise concerns about effectively continuing to provide for the safety and health of EPA employees. We have earned an impressive record at EPA. It didn't come without a major investment, and it won't last if we don't maintain it. I suggest it may be in the best interests of all Federal employees if local officials and their national counterparts join in raising the concern and awareness involved with this issue. . WHISTLEBLOWER MUST DISCLOSE TO PERSONS OTHER THAN WRONGDOERS - from the Federal Manager's Newsletter, 9/9/99 The following article is written from a manager's perspective. Take heed of its advice if you are contemplating "blowing the whistle". Even better, come to the union office first before setting that device to your lips; we have valuable experience to share. In a recent unpublished decision, the U.S. Court of Appeals for the Federal Circuit reinforced the principle that in order for a "disclosure" of illegality, waste, or corruption to qualify as a "protected disclosure" under the Whistleblower Protection Act (WPA), the "disclosure" must be made to an individual who is in a position to remedy the problem, but who is not the wrongdoer himself. In this case, a doctor working for the Department of Veterans Affairs claimed that he made a "protected disclosure" when he complained to his superiors and co-workers that an agency policy was being violated. The court disagreed, however, indicating that the doctor's disclosure was not a "protected disclosure" because he complained to the wrongdoers themselves, and to supervisors who had no belief that the disclosure would result in disciplinary action against them. The court indicated that in order for the disclosure to be "protected" under the WPA, the doctor would have needed to object to a higher authority or to an outside audience. The lesson for federal managers is clear: In order for a disclosure to be "protected" under the WPA, the disclosure must be made to an individual who is not a wrongdoer himself, and who is in a position to remedy the problem. Disclosures to a senior-level manager not involved in the wrongdoing, or to Congress, the IG, or the press would normally be considered sufficient for a disclosure to be "protected." The case is Randles v. Department of Veterans Affairs, Fed. Cir., No. 99-3069, Aug. 11, 1999. (Editorial Note: By far the most common complaint about the Collective Bargaining Agreement's Grievance Procedure is that it requires the grievant to grieve to the management official capable of granting the relief sought. Frequently, the source of the wrong-doing is just that management official. What effect will the have on the CBA negotiations slated for 2000?) IRS WILL MAKE DISCIPLINARY ACTIONS PUBLIC - from the Federal Manager's Newsletter, 9/9/99 The IRS has agreed to share disciplinary actions imposed on employees with the National Treasury Employees Union (NTEU), and to post this information on its website. IRS Commissioner Charles Rossotti claims that this will allow those reviewing this information to see that discipline is administered "fairly and equitably," without regard for the employee's position or grade. The information will be released in chart form, listing employees by position and grade. The IRS states that care will be taken to protect the individual employees' identities. Disciplinary information for GS-15 level employees and up for the period from January 1, 1996 to June 30, 1999 will be available within the next three months. Information for the GS-15s and above for the period from July 1, 1999 to December 31, 1999 will be available by March 1, 2000. Information for all other employees for the full 1999 calendar year will also be available by March 1, 2000. After that, the information will be provided by the IRS twice a year, covering either the first or last half of the calendar year.
* Includes only permanent full-time, permanent part-time, and permanent intermittent EPA employees ** Calculated by taking the total number of separations for a given year divided by the number of on-boards on the first of the year
* "Months" correspond to OPM SF-113 "End-of-Month" ** Includes only permanent full-time, permanent part-time, and permanent intermittent EPA employees *** Calculated by taking the total number of separations for a given year divided by the number of on-boards on the first of the year
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