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CONTRACT AT IMPASSE
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VERY IMPORTANT INFORMATION CONCERNING
FY11 AWARDS
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UNION OFFICIAL OPPOSES EFFORTS
TO LIMIT OFFICIAL TIME
WASHINGTON – The American Federation of Government Employees strongly opposes any proposals to erode the rights of federal employee representatives to use official time to represent collective bargaining unit employees, AFGE National President John Gage told a House panel today.
For nearly 50 years, federal employees who serve as volunteer employee representatives have used official time to engage in representational activities while on duty status. Such activities include creating fair promotion procedures, establishing flexible work hours, setting procedures that protect employees from on-the-job injuries, enforcing protections from unlawful discrimination, developing telework practices and providing workers with a voice in determining their working conditions.
Federal employee unions represent all employees within their collective bargaining units, even those who choose not to pay union dues, Gage noted.
"Through official time, employee representatives are able to work together with federal managers to use their time, talent and resources to make our government even better. Gains in quality, productivity and efficiency – year after year, in department after department – simply would not have been possible without the reasonable and sound use of official time," Gage said in testimony before the House Oversight and Government Reform Subcommittee on the Federal Workforce, U.S. Postal Service and Labor Policy.
Federal employee representatives do not use official time to conduct union-specific business, such as soliciting members, holding internal union meetings, electing union officers or engaging in partisan political activities.
The Civil Service Reform Act of 1978 limits the amount of official time that can be used for representational responsibilities to what which the labor organization and employing agency agree is reasonable, necessary and in the public interest, Gage said.
"The amount of time must be negotiated by the two parties. It is not a blank check for the union," he said.
From fiscal 2008 to fiscal 2009, total official time hours governmentwide increased 3.37 percent. But the total number of hours expended per bargaining unit employee fell from 2.60 to 2.58.
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AFGE Mourns Passing of NVP Charlotte Flowers:
AFGE is deeply saddened by the passing of our 5th District National Vice President Charlotte G. Flowers last week.
"We all share a deep sense of loss with her family and friends," AFGE President John Gage said. "She was a great labor leader and colleague. AFGE will miss her leadership and commitment to the union and the people we represent."
NVP Flowers was a hands-on national vice president for the 5th District, encompassing Alabama, Florida, Georgia, South Carolina, Tennessee, Puerto Rico and the Virgin Islands. Elected as national vice president in May 2002, NVP Flowers brought to the table more than 25 years of AFGE membership and incorporated her strong sense of unionism with an unflagging dedication to AFGE, the largest union for government employees. NVP Flowers’ work put her in daily contact with front line federal workers in her many roles as trainer, organizer/representative, negotiator, mediator, administrator and lobbyist.
Before becoming the District 5 NVP, Flowers served in all local positions culminating in services as the president of AFGE Local 1945 at the Anniston Army Depot from 1991-2002, where she represented more than 3,500 active and retired employees. She was also the president of the Alabama State Councils of AFGE locals, vice president of the AFL-CIO Anniston District, and president of the Northeast Alabama Labor Council. NVP Flowers also was appointed by the governor of Alabama as a labor representative for the State of Alabama Industrial Relations Board of Appeals. NVP Flowers is survived by many family members, friends and colleagues who will deeply miss her.
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OPM Regulations on Sick Leave
The Office of Personnel Management (OPM) recently issued final regulations on the use of sick leave and advanced sick leave for serious communicable diseases and the substitution of up to 26 weeks of sick leave for unpaid FMLA leave to care for a seriously injured or ill service member. These new regulations will be effective on January 3, 2011, and are available at http://edocket.access.gpo.gov/2010/2010-30371.htm.
The key changes as a result of these revised regulations are as follows:
- The new regulations allow a full-time employee to use up to 104 hours of sick leave to provide care for a family member who would, as determined by the health authorities, jeopardize the health of others because of exposure to a communicable disease before it is clear whether the family member has contracted the disease.
- A full-time employee may also be advanced up to 104 hours of sick leave to provide care for a family member who would, as determined by the health authorities, jeopardize the health of others by that family member’s presence in the community because of exposure to a communicable disease.
- The new regulations state that a full-time employee who has been exposed to a communicable disease may be advanced up to 240 hours of sick leave when the employee would, as determined by the health authorities, jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease.
- The new regulations permit full-time employees to substitute up to 26 weeks of sick leave during any single 12-month period for unpaid leave under the Family and Medical Leave Act (FMLA) when an employee invokes FMLA to provide care for a spouse, son, daughter, parent, or next of kin who is a covered service member with a serious injury or illness.
We will be updating the Personnel Policy Manual Chapters on Sick Leave and FMLA to include this new information. Please share this information with all of your managers, supervisors, and timekeepers.
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OPM Regulations on Pay Freeze
OPM Issues Guidance on Pay Freeze: Office of Personnel Management Director John Berry last week issued guidance on the two-year federal pay freeze, clarifying who is covered and which raises are affected. According to the memo, the freeze, which starts Jan. 1, 2011 and ends Dec. 31, 2012, applies to civilian employees under the General Schedule, prevailing rate, Executive Schedule, Senior Executive Service, Senior Foreign Service, senior-level and scientific and professional, and other executive branch pay systems. It also covers administrative law judges, administrative appeals judges, and political appointees. The pay freeze applies to across-the-board raises and locality pay adjustments.
The freeze does NOT apply to:
- Any increases that are required by a collective bargaining agreement;
- Performance awards and bonuses; recruitment, relocation and retention incentives; and premium payments such as overtime pay;
- Promotions, within-grade step increases based on fully successful level of performance, and quality step increases for outstanding performance;
- Adjustments in foreign areas to maintain a constant salary rate in U.S. dollars, or local currency, or to respond to foreign labor laws;
- Pay-setting flexibilities, such as the GS superior qualifications and special needs pay-setting authority for newly appointed employees under Title 5 of the Code of Federal Regulations 531.212 and the GS maximum payable rate rule under 5 CFR 531.221;
- Locality pay for employees in non-foreign areas – Alaska, Hawaii, Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands. (employees in these areas have corresponding reductions in cost-of-living allowance as they transition from COLA to locality pay system)
- U.S. Postal Service, military personnel including those in the Coast Guard, National Oceanic and Atmospheric Administration and Public Health Service.
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FCIP Urgent News
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AFGE Survey Update
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URGENT ACTION NEEDED...
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CONTRACT BARGAINING
Please go to www.mycontract2009.org for updates on contract bargaining. Please note, 9/2/10 and 9/13/10 updates. More to come.
Visit the site for updates hopefully provided daily or several times per week while we are at the negotiating table. Express concerns to Ken Powell the Agency Chief negotiator. With employees expression of dissatisfaction to Powell the force of one will be heard.
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Over the past week, the local has received a number of reports that individual offices in Region 4 have been altering flexiplace plans. Some offices are reducing the number of days an employee can participate, as compared to past flexiplace periods, and others have indicated that agency-issued laptops will be required, and only a limited number of laptops will be provided.
If your office has been impacted by these, or other, changes please advise your state vice president or other officer in your local.
A MESSAGE FROM YOUR PRESIDENT
On the Council 215 conference call, President James Marshall noted that the General Council had been briefed on the budget situation. SSA had received enough to avoid furloughs, but there would be a near total freeze on hiring except for high priority jobs. There will be some overtime available, but not as much as in past years.
Mr. Astrue, the new Commissioner of SSA, has indicated he will meet with President Marshall, and he wants to create a better working environment with the Union.
The Council has requested bargaing on contining legal education for attorneys. The Union has not received a response at this time. An arbitrator has been assigned for the performance plan grievance. A discussion of the new appraisal system revealed that in some offices paralegals are being required to pull cases, answer telephones, or distribute mail, but they are not being allowed down time for those duties. If other duties are assigned, the employee's supervisor should explain ow doing those other duties will impact the employee's evaluations.
The call also revealed that some offices are assigning more difficult cases to the flexiplace workers.
The 36th Annual meeting held in Charlotte, NC on June 4 was a great success. Very important topics were discussed and very informative information was given by Jim Marshall, Council 215 President. New officers were sworn in and stewards were given their Union responsibilities. EEO topics were discussed as well.
If you could not make to this year's meeting, start planning for next year. It will be held June 9, 2012 in Birmingham, AL.
Carl Warren |
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