DISPUTE CHART
June 30, 2009
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WORKSTATION MOVES – Selection Criteria |
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Agency Position |
NTEU Position |
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5.c |
Agency proposes to only permit employees to move to a new workstation that is a significant improvement from their existing work station.. (sect#7.A,7.B) |
NTEU counter-proposes that move eligibility criteria involves larger or windowed workstations and another criteria associated with improved performance in the new area. (5.2.2) |
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TELEWORK |
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Agency Position |
NTEU Position |
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54.e |
Agency opposes | NTEU proposes to include a reference to Article 31, "Hours of Work" since employee may work different work schedules while at home or tele-centers. (54.2) |
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WORK SCHEDULES |
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Agency Position |
NTEU Position |
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31.d |
Agency counter proposes with a modified NewFlex program. (6/3/09) |
NTEU proposes to implement the NRO NewFlex pilot work schedule for the entire agency expanding work hours and making schedules more flexible, step 31.11. |
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31.e |
Agency counter
proposes with a modified period. (6/3/09) |
NTEU proposes to expand the time to earn credit hours to 5am through 11pm, step 31.12. |
| 31.h 6/3/09 |
Agency is proposing
flexitour schedules are subject to denial or limitation based upon more
conditions: - work requirements - training - collaborative projects - need for direct supervision - employee performance - employee conduct - attendance issues |
Existing schedule approval criteria
is: - operational mission requirements - responsibilities to public - office coverage - nature and extent of the workload NTEU counter proposal eliminates conduct and limits performance denial to when it is less than satisfactory. |
| 31.i 6/3/09 |
Agency is proposing to expand the supervisors ability to assign work hours beyond official hours (7:30am-4:15pm) to any specific hours the supervisor determines. | NTEU counters with option to bargain any future need to assign work-schedules beyond official hours. (31.5) |
| 31.k 6/3/09 |
Agency is proposing the agency's denial of a flexitour schedule is not grievable or arbitrable. | NTEU counters with non-grievability for proposed schedules outside 6am-6pm. (31.11.7) |
| 31.l 6/3/09 |
Agency proposes flexitour core hours to be 9am-3pm every Wednesday. (allowing Office Directors to reduce the period) | Core hours are
based upon earliest departure and latest
start from permitted work schedules.
NTEU counters with 11:15
-1:45 based upon: Otherwise employees would have to alter their Wednesday start/departure time from other days in the week or work more than 8 hours on Wednesdays to cover the agency's proposed expanded core hours. (31.11.2) |
| 31.k 6/3/09 |
Agency proposes that any days involving a split shift with non-contiguous scheduled work hours, have break period that will not exceed 2.75 hours. sect.11.G | NTEU opposes |
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PROMOTION – Competitive Selection |
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Agency Position |
NTEU Position |
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22.h |
Agency proposes to reduce the area of consideration to the office versus existing geographic area, prohibiting employees from changing offices in headquarters when the conditions warrant, i.e. such as when an office is over their FTE budget. (sect#9) |
NTEU counters permitting this when promulgated from an external event
not under agency control. |
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22.i |
Agency proposes three categories for the rating process: |
NTEU counters with: |
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22.ff 5/7/09 |
Agency is considering |
NTEU proposes that outside candidates considered under MD10.5 must be at least equally qualified with no lower rating score than internal candidates, step 22.16.3. |
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PAY / Benefits |
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Agency Position |
NTEU Position |
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57.a |
Agency is considering |
NTEU proposes the pay structure remain with 15 grades and 10 steps per grade. (57.1) |
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AWARDS |
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Agency Position |
NTEU Position |
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29.b |
Agency is considering |
NTEU proposes awards be directly related to performance appraisal rating scores which has been the past practice. NTEU proposes an option for performance awards to be on a percentage of salary basis or fixed amount. (29.2) |
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29.d |
Agency is considering while being concerned of the privacy aspects for small divisions or groups. |
NTEU proposes the agency provide the Union an annual list of performance award data. |
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29.g |
Agency opposes |
NTEU proposes to permit employees to file a grievance associated with awards. |
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APPEALS - Grievance & Information Request |
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Agency Position |
NTEU Position |
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51.b |
Agency proposes to eliminate employee appeal of many situations: |
NTEU counters to retain grievability for awards and supports the past existing practice which has not
generated a significant number of cases. |
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51.f |
Agency counters by dropping the harsh termination for delayed meetings but still require the employee/steward to promptly appeal by the deadline after the lack of an agency timely grievance decision or be penalized with a terminated grievance, which would then prohibit arbitration. |
NTEU proposes a grievance not be terminated when the agency fails to meet or render a decision within the specified agency time limits. (51.18) |
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51.h |
Agency proposes to delay to Step 2, notice to the Union that a grievance is non-grievable. (sect#22) |
NTEU permits this delayed notice only due to events that occurred between Step A and B which could not have been identified earlier by the Agency. (51.23) |
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45.a |
Agency counters with language providing options to the supervisor to not communicate certain retained information promptly with the employee but delay sharing the information until right before the "use" of the information, (e.g. discipline action) |
NTEU proposes that supervisor records relating to employee conduct or performance (commonly referred to as the supervisor drop file) be made promptly available to the employee to facilitate immediate correction and improvement, step 45.5. |
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APPEALS - Arbitration |
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Agency Position |
NTEU Position |
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52.d |
Agency proposes to eliminate
arbitrator authority for: |
NTEU opposes since this proposal is based upon an allegation that NTEU stewards are not clear in their initial grievance filing. Stewards are permitted to present the details and supporting evidence during the grievance meeting. |
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UNION ADMINISTRATION – Steward Time |
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Agency Position |
NTEU Position |
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8.i |
Agency proposes to quantify the time (6 month) for which a steward is in training and be permitted attendance at discipline sessions as an extra Union representative. (8.5.5) | NTEU counters with no time-limits since many stewards are in training for years due to the limited number of serious discipline or removal actions taken by the agency that would provide an opportunity for steward training. (8.5.5) |
Articles in Dispute |
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| CBA Article |
Agency M# / date # is proposal number |
NTEU N# / date # is proposal number |
| 5 Moves |
M3 - 6/29/09 | N3 - 6/30/09 |
| 8 Time |
M3 - 6/1/09 | N4 -6/30/09 |
| 10 Services |
M5 - 4/21/09 Conditional Agreement |
N5 - 4/21/09 |
| 22 Selection |
M3 - 6/29/09 | N4 - 6/30/09 |
| 29 Awards |
M1 - 11/3/08 | N3 - 6/30/09 |
| 31 WorkHours |
M2 - 6/3/08 | N2 - 6/30/09 |
| 39 Discipline |
M3 -6/1/09 Conditional Agreement |
N4 - 6/2/09 |
| 45 Information |
M3 - 3/23/09 | N4 - 6/30/09 |
| 51 Grievances |
M4 - 6/30/09 | N5 - 6/30/09 |
| 52 Arbitration |
M4 - 6/29/09 | N5 -6/30/09 |
| 54 Telework |
M4 - 6/3/09 | N5 - 6/30/09 |
| 57 Pay |
M1 -3/27/09 | N3 -6/30/09 |
NTEU
Working Today
for a Better Tomorrow
Contact Dale Yeilding in the Union office (301-415-3600) with any questions.