NTEU Union Office
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Uncensored - Sent Directly from the NTEU
Email Account
Dale Yeilding, NTEU Chapter President
301-415-3600
Email: "NTEU@nrc.gov"
Commission Transcript Mistake on Age Discrimination Statement, November-2007
Holiday Excused Absence for All, December-2007
NTEU Tip for Applicants When Vacancy Announcements Indicate "Multiple" Selections, May-2007
Job Stress Qualifies as a FMLA Serious Health Condition, May-2007
NTEU
Questions 20 Days/Month as Transit Subsidy Basis -
NTEUSubsidy Surplus Calculation Form, April-2007
Save Time by Having the NRC Health Center Draw Your Blood, April-2007
Oversized Parking Permit May Obstruct Windshield View, April-2007
March Mid-Year Appraisal Review Reminder, April-2007
Employees Should Return Unused Metro Cards for PDC-Bethesda Training, April-2007
OPM Regulation May Increase Awards to Outstanding Performers, March-2007
Mediate vs. Arbitrate Workplace Concerns, March-2007
NTEU Comments to the Commission on the Poor Administration of Grievances, March-2007
Executive Order Finalizes 2007 Pay Increase, January-2007
Safeguarding Personal Information Associated with Government Credit Cards, March-2005
NTEU Pledges $25,000 for Katrina Hurricane Relief, September-2005
NTEU Prevails with Court Denial of DHS Labor Relation Rule, October-2005
Credit Checks for NRC Travel (CitiBank) Credit Cards, October-2005
Agency Selects Applicants Solely from Puerto Rico, October-2005
Cellular Phones with Cameras are Permitted in NRC Buildings, October-2005
Lautenberg Amendment to Gun Control Act and a Domestic Violence Conviction, March-2005
Appraisal Deadline is October 31, October-2005
Paycheck Errors May Have Caused Your Account Balance To Be Overstated, December-2004
Agency Withdrawals Proposal for Gift Certificates, December-2004
NTEU Tip for Applicants When Vacancy Announcements Indicate "Multiple" Selections
>>> Dale Yeilding NTEU 05/18/2007 2:35 PM >>> Vacancy announcements sometimes state "Multiple" which indicates that more than one position is available and more than one applicant may be selected. The announcement may not inform the applicant of the names of the selecting official(s) and the specific NRC branch(s) involved. Applicants should be aware that the agency may assign several selecting officials to select from a single Best Qualified List (BQL), giving each selecting official a portion of the listed employees to interview. Thus, employees may only be given an interview with one selecting official and have to rely on that selecting official to accurately share the interview results with other selecting officials. This interview streamlining practice may result in the applicants not receiving an equal consideration for the other position(s) being determined by selecting official(s) with whom the applicant did not interview.While this practice may not technically violate merit selection principals, the Collective Bargaining Agreement (CBA) states that "selection and advancement of employees should be ...after a fair and open competition which assures that all employees receive equal opportunity." The agency in the past has followed a practice that, if selecting officials interview one applicant, all applicants on the BQL should be interviewed be the selecting official. Management, by law, has the ability to select any applicant from a properly ranked list which is the BQL or Certification established by a rating panel, see 5 USC 7106(a)(2)(C)(i). Since the law gives management broad latitude in Merit Selection, NTEU has focused on what employees might do to enhance their chances of selection.NTEU Tip: As an applicant, when notified by Human Resources that you made the BQL, ask for the name(s) of the selecting official(s) who will be considering you. You can then wait for an interview notification or be pro-active and contact each selecting official, to supply information regarding your desire to work or not work in a particular organization, and request interview(s). Contact NTEU for many other suggestions on how you can work within the complicated Merit Selection process to your best advantage.---Dale Yeilding, NTEU Chapter President (301-415-3600)Article 22 (Merit Selection), Collective Bargaining Agreement: www.nteu208.org/cba2005.htmGo to Top - Index
Job Stress Qualifies as a FMLA Serious Health Condition
>>> Dale Yeilding NTEU 05/07/2007 4:51 PM >>>
A new court ruling liberally interprets the Family Medical Leave Act (FMLA) qualification requirement for a serious health condition. The FMLA guarantees federal employees up to 12 weeks (480 hours) of leave without pay in any 12-month period, if the employee has a serious health condition that prevents the employee from performing the essential functions of their job. Determining whether a particular medical condition constitutes a serious health condition for purposes of FMLA can be complex. For example, a recent federal case confirmed that depression and other mental conditions qualify as a serious health condition where incapacitation was the previous test used by the agency. See Meadows v. Texar, 2007 if you have access to a legal system.Refer to the Collective Bargaining Agreement, Article 20.7 (Major Provisions of FMLA) and contact Dale Yeilding in the Union office (301-415-3600) with any FMLA questions.
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NTEU Questions 20 Days/Month as Transit Subsidy Basis - NTEU Subsidy Surplus Calculation Form
>>> Dale Yeilding NTEU 04/23/2007 5:35 PM >>> To calculate monthly transit subsidy, the agency currently assumes employees commute to work, on average 20 days a month, which may in some months be overly generous when considering your many non-commuting days. NTEU has raised an issue during negotiations, that some employees may actually commute more than 20 days in many months throughout the year and might be short-changed by the Agency's calculation method. There are 8 months this year with more than 20 work-days after removing holidays (see chart below). The agency views that their 20 work-days/month average more than adequately compensates employees since an insignificant number of employees would work more. Please contact NTEU, if you feel you work more than 20 days in a month and we will evaluate the response to possibly raise the agency's calculation method to provide the IRS maximum permissible transit subsidy to all employees.However on a contrary note, NTEU cautions employees about the unused subsidy surplus you may have at the end of each month. Don't assume you can pocket some unused subsidy from one month to compensate for being short-changed by the agency for a different month. It doesn't work that way with federal funds and accountability standards. When you commute less than 20 days now, your subsidy surplus at the end of the month is to be applied to reduce your next month's amount, such that you should never begin a month with more than your maximum monthly allotment. This reduction is an employee responsibility and easily dismissed as insignificant, forgetting that "any" misuse of government funds is grounds for investigation. This is a policy not now well documented, but will soon be clear in a future Yellow Announcement policy under negotiation with NTEU. There are many reasons throughout the year for not commuting that you may have overlooked, and may want to review the helpful NTEU Subsidy Surplus calculation form linked below. Keeping any transit subsidy surplus for personal use, such as to pay for metro-lot parking the following month may get you in trouble. NTEU has represented employees investigated by the Inspector General (IG) for mis-use of their transit subsidy.As summer approaches, employees take more time off and commute less which warrants attention to this often overlooked subsidy surplus issue. If you are not tracking your days off and appropriately reducing your transit subsidy the following month, you may want to contact Dale Yeilding in the Union office (301-415-3600) for guidance or check the NTEU website for a helpful monthly subsidy surplus calculation form.NTEU Transit Subsidy Monthly Surplus Calculation form: www.nteu208.org/TransitSubsidySurplusForm.htm2007 Work-Days (after removing Holidays) Jan-21 Feb-19 Mar-22 Apr-21 May-22 June-21 July-21 Aug-23 Sept-19 Oct-22 Nov-20 Dec-20, Avg=21Go to Top - Index
Save Time by Having the NRC Health Center Draw Your Blood
>>> Dale Yeilding NTEU 04/11/2007 8:01 AM >>> Your Doctor may prescribe lab work requiring you to go to a separate location to have your blood drawn. If your health care insurance covers lab work at Lab Corp, you may save yourself a trip by having your blood drawn at work. The NRC Health Center performs this service without charge and sends your blood to Lab Corp for the analysis prescribed by your doctor. Lab Corp would bill your health care provider under the provisions of your policy. Schedule your visit to the NRC Health Center (O2E13) by calling 301-415-8400.NTEU strives to keep employees informed of the not-so-publicized services provided by our agency. Contact Dale Yeilding in the NTEU Union office (301-415-3600) with questions.NTEU Chapter Website listing Stewards & Officers: www.nteu208.orgGo to Top - Index
Oversized Parking Permit May Obstruct Windshield View
>>> Dale Yeilding NTEU 04/11/2007 12:20 PM >>> The agency permanent payroll deduction parking permits are oversized as compared to prior permits. The agency placed a liability limiting warning on the back to remove the permit from the rear-view mirror while driving since it obstructs the driver's view. An alternative to moving the permit on and off the mirror is to simply keep it on the dash board in plain view for the parking attendants. NTEU has velcro and double sided tape in the Union office (O13F2) to fix the permit to an area that will not obstruct your driving view.Contact Dale Yeilding in the NTEU Union office for a piece of tape at 301-415-3600.Go to Top - Index
March Mid-Year Appraisal Review Reminder
>>> Dale Yeilding NTEU 04/09/2007 5:41 PM >>> NTEU has found that many employees and managers regularly miss the March mid-year appraisal review and squeeze in the required meeting later in April. In the Chairman's April 2 Announcement, he asked for a more meaningful mid-year appraisal review. Those employees receiving their review in March may want to ask their supervisor for a second review, if they view the Chairman's "meaningful" threshold was not achieved.The Chairman also asked for you and your supervisor to "reach agreement on a mutual purpose that will govern performance for the remainder of the performance cycle." As agreements are sometimes tough to achieve, there is currently no requirement for a mid-year change in your elements and standards which is the only document that governs your performance. NTEU supports the Chairman's intent, with a recommendation. Employees should ask their supervisors for a verbal summary level rating of Outstanding, Excellent or Fully Successful at the mid-year review. This will allow the manager and employee to have a mutual understanding of mid-year assessed performance to better determine what is needed to achieve the next higher rating. Contact Dale Yeilding in the NTEU Union office (301-415-3600) with any questions.NTEU Mid-year Review Proposal: www.nteu208.org/MidYearAppraisalProposal.htmGo to Top - Index
Employees Should Return Unused Metro Cards for PDC-BethesdaTraining
>>> Dale Yeilding NTEU 04/10/2007 3:11 PM >>> Employees are given a prepaid Metro Chek card for travel to the Professional Development Center (PDC) in Bethesda for NRC training. These are normally in the exact amount needed for "peak hour" travel. However, should travel take place during off-peak hours, there will be a balance left on the card. Staff in the Administrative Service Center (ASC) have mis-informed some employees about the need to return cards with a balance. NTEU advises employees to return government Metro Chek cards to the ADM Service Center (2nd floor of OWFN). To do otherwise, invites investigation for mis-use of government funds. Contact Dale Yeilding, in the NTEU Union office (415-3600) with any questions.Go to Top - Index
OPM Regulation May Increase Awards to Outstanding Performers
>>> Dale Yeilding NTEU 03/09/2007 3:11 PM >>>
The Office of Personnel Management (OPM) issued a regulation (5 CFR 451) on performance awards that requires agencies to ensure that awards granted make "meaningful distinction" based on performance, (see link below). Prior to this regulation, the agency gave awards to some employees with an Excellent performance rating without giving awards to all Outstanding performers. NTEU maintains that this award practice may not meet the "meaningful distinction" requirement in the new regulation. Article 29.3 of the Collective Bargaining Agreement specifies that Outstanding performers who did not receive an award are entitled to an explanation. The new OPM regulation places an added importance on this explanation. Outstanding performers not receiving an award should contact NTEU who is anxiously waiting for the agency's creative explanations. Only together, can we ensure the agency adheres to the regulation, and the incomplete award distribution to Outstanding performers is properly scrutinized and, if appropriate, appealed.
Contact Dale Yeilding in the NTEU Union office at 301-415-3600 with any questions. OPM Regulation 5 CFR 451 (effective 2/12/07): www.nteu208.org/OPMfr5CFR451awards.pdfGo to Top - Index
Mediate vs. Arbitrate Workplace Concerns
>>> Dale Yeilding NTEU 03/09/2007 3:18 PM >>>
The Chairman recently announced Alternative Dispute Resolution as a means to resolve Equal Employment Opportunity (EEO) concerns, (Yellow Announcement 2007-06). The Union's grievance process is the traditional method to resolve workplace concerns which includes an informal resolution phase. A portion of this grievance process included mediation with a dispute resolution service. Unfortunately, the Agency views the two year pilot program for mediation to have expired and no longer extends this option to employees. Arbitration is always available to the National Treasury Employees Union (NTEU) to bring final closure by a third party to any issue. Alternate Dispute Resolution and Mediation are preferred methods, since both parties are involved in the development of the solution as opposed to an Arbitrator mandating the solution. NTEU will strive to reinstate mediation to the grievance process.
Contact Dale Yeilding in the NTEU Union office with your workplace concerns at 301-415-3600. Collective Bargaining Agreement, Article 51.15.2, Mediation www.nteu208.org/cba2005.htmGo to Top - Index
NTEU Comments to the Commission on the Poor Administration of Grievances
>>> Dale Yeilding NTEU 03/09/2007 3:34 PM >>>
Dale Yeilding, NTEU Chapter 208 President, made a statement (linked below) at the end of the recent Equal Employment Opportunity (EEO) Commission briefing. He applauded the Agency for it's employee appeal processes on technical issues, but criticized Human Resource's administration of the grievance process for employee appeal of workplace issues. The Differing Professional Opinion process, and the new Non-concurrence process, are excellent mechanisms for employees to appeal their technical concerns associated with the agency's mission. The NTEU Grievance process is the mechanism for employees to appeal their workplace concerns. The agency's administrative challenge is to have a grievance meeting within 10 days and render a decision within the following 20 days. Dale's statement to the Commission called for a grievance-tracking system that would hold Human Resources accountable to give employees their statutory right to present a workplace concern and receive a timely decision on the matter. The agency now views they can terminate a grievance without even providing a meeting for presentation of the concern. The EDO rejected a recent appeal of this new Human Resource grievance termination policy. The Union will now rely on litigation to force the agency to provide a timely forum to resolve workplace issues. NTEU EEO Commission Statement on Grievance Administration: www.nteu208.org/NTEUeeoBriefingStatementDec2006.htm
Executive Order Finalizes 2007 Pay Increase
>>> Dale Yeilding NTEU 01/04/2007 11:37 AM >>>
The President has issued the final Executive Order implementing the 2007 federal employees' pay increase which will be reflected in the first pay period of 2007. The OPM final salary tables are available at http://www.opm.gov/oca/07tables/index.asp reflects NRC headquarters employees in the Baltimore-Washington DC-Northern Virginia locality to receive a 2.64% pay raise. Unfortunately, as expected, the Executive Order finalized the pay increase at the 2.2 percent average level. This is in keeping with the administration's recommended level in its FY 2007 budget. Because H.J. Res. 102, the Continuing Resolution (CR) for fiscal year 2007, which funded the government through February 15, 2007, did not address federal pay, the President's recommendation for an average 2.2 percent pay raise (including locality pay) stands. It is possible that the issue could be revisited by Congress when the current Continuing Resolution runs out on February 15, 2007; however, raising the level to the 2.7 percent level that was passed by the House and reported in Senate legislation prior to adjournment will be an uphill battle. Nevertheless, NTEU will continue to advocate for the higher level which our dedicated public employees deserve.
Contact Dale Yeilding in the NTEU Union office with any questions at 301-415-3600.
Safeguarding Personal Information Associated with Government Credit Cards
>>> Dale Yeilding NTEU 03/17/2005 5:54 PM >>>
In December, the Bank of America lost computer backup data including name, address, and social security numbers for 1.2 million federal employees with government credit cards. Safeguarding personal information is a serious issue as loss of this information can result in identity theft. Citibank provides credit cards to NRC employees and thus you should not be affected by the Bank of America's mishap. NTEU previously held discussions with agency management and reached an agreement that employees must use a government credit card only if they travel more than five times in a year. Accordingly, you might want to cancel your government credit card to safeguard your personal information. You can still go on government travel without using a government credit card until you travel more than five times in a year. Employees who do not want a government credit card must use personal funds for their travel expenses until reimbursement, since travel advances are processed through the card. Employees may retain any benefits (such as frequent flyer points) accrued due to government travel charges on their personal credit card. Employees who want to cancel their government credit card should call Citibank at 1-800-790-7206.
Contact Dale Yeilding in the NTEU Union office with any questions at 301-415-3600. Link to Yellow Announcement 2003-035, Exemption for Travel Charge Card Use: http://www.internal.nrc.gov/announcements/yellow/2003/2003-035.html Note: MD14.1(Travel), remains out of date concerning this 2003 policy change.
NTEU Pledges $25,000 for Katrina Hurricane Relief
>>> Dale Yeilding NTEU 09/12/2005 5:20 PM >>>
The agency's "NRC Reporter" recently referenced a list of Katrina Hurricane relief organizations. Federal employees are not normally solicited for cash contributions outside the Combined Federal Campaign (CFC). NTEU will use the same format as the agency to adhere to this solicitation prohibition but still provide guidance for employees wishing to contribute to a reputable Katrina Hurricane relief organization. NTEU will match-dollar for dollar, money donated to a special fund established to provide emergency assistance to federal employees of NTEU-represented agencies impacted by Hurricane Katrina. Within days of the hurricane that devastated the Gulf Coast region, the National Treasury Employees Union (NTEU) established a fund to help any federal employee who works for any of the 30 federal agencies where NTEU represents employees. NTEU will match the donated funds, up to $25,000. Federal employees have been first-line responders in times of crisis, and Federal employees are also citizens and sometimes become victims of the crisis themselves. Federal employees know that they can count on each other and their union for desperately needed support and assistance. Many organizations are seeking cash contributions to aid hurricane victims. The NTEU organization can be found at the link below and contributions will be matched by NTEU.
Contact Dale Yeilding in the NTEU union office at 301-415-3600 with any questions. Guidance for aid to hurricane Katrina victims: http://www.nteu208.org/FEEAkatrinaRelief.htm
NTEU Prevails with Court Denial of DHS Labor Relation Rule
>>> Dale Yeilding NTEU 10/13/2005 5:50 PM >>>
SUMMARY: NTEU prevails again. A federal court denied the government's motion to narrow an injunction that blocks the Department of Homeland Security (DHS) from implementing any of its new labor relations regulations.
NTEU has won another major legal battle over regulations that would create a new anti-employee labor relations scheme at the Department of Homeland Security ("DHS"). The U.S. District Court for the District of Columbia granted NTEU's request for an injunction blocking the labor relations provisions (and a severely limited penalty mitigation standard) from taking effect. The court held that the regulations do not "ensure employees' right to bargain collectively," as required by the Homeland Security Act ("HSA"), which created DHS. Following NTEU's victory, the government filed a motion asking the court to narrow its injunction to allow it to implement most of the labor relations provisions, including provisions allowing it to abrogate collective bargaining agreements whenever it "may be necessary to carry out the Department's mission." NTEU, serving as lead counsel for a coalition of five unions representing DHS employees, vigorously opposed the motion. NTEU counsel presented oral argument on behalf of the unions. We argued that the court's original decision had invalidated major pillars of the labor relations scheme and that the only way to remedy these flaws was for DHS and the Office of Personnel Management (OPM) to reconsider the entire system in light of the court's decision. The court agreed with NTEU. It held that the government's proposal to narrow the injunction would leave in place regulations empowering management to abrogate agreements, a power the court had expressly deemed inconsistent with collective bargaining. Because this power was so central to the entire scheme, the court held that it was impossible to carve out other regulations and allow them to move forward. Instead, the court held that DHS and OPM must revise their regulations to conform to the court's decision. As a result of the decision, DHS employees will continue to be covered by Title 5, Chapter 71 of the federal labor statute for the foreseeable future. Thanks to NTEU's work, a needlessly unfair, anti-employee labor relations scheme has been stopped cold and will remain blocked.
Contact Dale Yeilding in the NTEU Union office with any questions at 301-415-3600.
Credit Checks for NRC Travel (CitiBank) Credit Cards
>>> Dale Yeilding NTEU 10/17/2005 5:16 PM >>>
The agency requires travelers to use the NRC Travel (CitiBank) credit card to pay for hotel, rental car, incidentals, and meals if they travel more than five times a year for the government. NTEU has been informed that new regulations effective October 31, 2005 require the agency to perform credit checks on employees applying for NRC travel credit cards. Employees with existing CitiBank cards, and those applying before October 31, 2005, will not have this credit check. Employees with a credit score of less than 660 may wish to apply now before the October 31st regulation becomes effective to avoid this credit check that will result in the agency applying restrictions on card use. As before, the CitiBank card will not show up on your personal credit report unless any collection efforts were required for your non-payment. NTEU will be actively involved in the implementation of this regulation to ensure those employees with credit problems are still permitted to perform their assigned travel duties under a fair reimbursement policy. You should be aware that the Agency has disciplined and even fired some NRC employees for personal use of their NRC travel card. Accordingly, NTEU reminds employees that you can use your personal credit card if you travel less that six times a year on government business. Also, employees are permitted to keep bonus program points earned when using their personal credit card while on official travel. However, cash travel advances are only available through the government's CitiBank travel card.
Contact Dale Yeilding in the NTEU Union office at 301-415-3600 with any questions.
Agency Selects Applicants Solely from Puerto Rico
>>> Dale Yeilding NTEU 10/17/2005 5:08 PM >>>
Many employees have contacted NTEU about their concerns with an agency vacancy announcement (NSPDP-2005-0012) limited to only those students in good standing at the University of Puerto Rico and Polytechnic University of Puerto Rico. They were concerned that students from other universities would not be able to compete against students from the universities targeted in the vacancy announcement. This particular job is at an entry level in a professional series (801/1301) with promotion potential to grade 13. Entry-level jobs are not normally of interest to NRC employees. NRC employees in administrative or clerical positions considering further education and career changes may be concerned if their application could not be considered due to the Puerto Rico requirement. In the past, the agency has recruited at universities, but didn't alter the agency's merit selection process by restricting potential applicants to students at a particular university. Merit System Principles stated in 5 USC 2301 ensure fair and equitable treatment when hiring employees. Employees may contact the NTEU office for representation if they have been affected by this very limited vacancy posting.
---Dale Yeilding, NTEU Chapter 208 President (301-415-3600)
Cellular Phones with Cameras are Permitted in NRC Buildings
>>> Dale Yeilding NTEU 10/17/2005 5:21 PM >>>
Employees are permitted to take cell phones with integral cameras into NRC buildings. This appears to contradict the signs at the entrance to NRC buildings that say "cameras are prohibited." NTEU reviewed agency policy (see below) and found that it permits employees to bring cameras into their work areas. The Union's review prompted the agency to display the new cell phone posters including portions of the policy below but they have failed to correct the prohibition signs at building entrances. Be advised of camera policy and contact Dale Yeilding in the NTEU Union office (301-415-3600) with any questions. Policy Reference, MD 12.1, Part II, A(4)(a)(iii): "Portable electronic devices, including cameras, cellular telephones, pagers, palm-size computing devices, two-way radios, and portable computers, are allowed into NRC buildings and public meetings. However, the use of any device to take pictures inside NRC buildings is prohibited without prior approval by the Director of DFS. These devices shall be prohibited from sensitive compartmented information facilities (SCIFs) and classified meeting rooms. In addition, these devices shall be prohibited from other security areas when classified meetings are being held.
Lautenberg Amendment to Gun Control Act and a Domestic Violence Conviction
>>> Dale Yeilding NTEU 03/21/2005 1:41 PM >>>
Note To: NRC Investigators
From: Dale Yeilding, NTEU Chapter President
Summary: NTEU and the NRC continue to negotiate the agency's implementation of a 1996 law entitled the Lautenberg Amendment.
Congress passed the "Lautenberg Amendment," 18 USC 922(g)(9), amending the Gun Control Act of 1968. This law makes it a felony for anyone convicted of a misdemeanor crime of domestic violence to receive, possess, ship or transport any firearm or ammunition. This statute applies to any person who has ever been convicted of a misdemeanor crime of domestic violence within the meaning of the statute. Attached is a "Lautenberg Fact Sheet" which defines a misdemeanor crime of domestic violence. This sets forth those circumstances under which an employee previously convicted of a misdemeanor crime of domestic violence can truthfully answer no to this question. For example, a person is not considered convicted of a misdemeanor crime of domestic violence if the conviction has been expunged, set aside, or pardoned unless the expungement or similar procedure expressly provides that the person may not ship, transport, possess, or receive firearms. NTEU is using the term "firearm disabled" to identify employees who have been convicted of a misdemeanor crime of domestic violence within the meaning of the statue and whose conviction has not been expunged or otherwise set aside. Any firearm disabled employee will be required to turn over their government-issued firearm, ammunition and/or credentials to their supervisor. If any employee believes they have a prior misdemeanor domestic violence conviction, NTEU urges them to seek legal assistance. Individuals should contact a criminal attorney to determine if their conviction qualifies under the definition in the statute, or has been, or can be expunged from the record or whether their civil rights have been restored as stated in the statute. Every jurisdiction has different domestic violence laws and it is difficult to determine whether or not expungement is possible without seeking local legal advice. Under the statute, persons who have become "firearms disabled" may have their firearm privileges restored under section 18 USC 925(c) by submitting an application for relief to the Secretary of the Treasury. The Bureau of Alcohol, Tobacco, and Firearms (ATF) has been delegated the authority to approve or deny such applications. Unfortunately, Congress has specifically prohibited the ATF from using appropriated funds to process any of these applications, which has cast the efficacy of these relief procedures in doubt. NTEU reminds employees that upon their initial NRC employment they reported all arrests and charges within the past 7 years on Security Questionnaire, SF86 question #23. They also signed NRC Form 176 (Security Acknowledgment), stating that they would inform, the NRC, Office of Administration, Division of Facilities and Security (DFS) of any subsequent arrests or charges. The Lautenberg Amendment goes beyond this seven year reporting for your security clearance to include any domestic violence convictions even prior to those reported for your initial NRC employment. Employees should note that future charges or arrests are reported to DFS and not your immediate supervisor. NTEU is discussing if employee reporting of arrests and charges will be shared between DFS and your line management and what, if any, criteria would be used to firearm disable an employee prior to a domestic violence conviction. NTEU does not condone the use of violence by NRC employees or against other NRC employees or their families. Having said that, NTEU believes it is possible that individuals could face unfair treatment under this law and suggest employees seek NTEU assistance. NTEU is involved in ongoing negotiations with the agency associated with the implementation procedures. In the meantime, those employees who believe they have been convicted of a misdemeanor crime of domestic violence should immediately contact legal counsel and, if possible, begin expungement, or similar procedures, if applicable, regarding their convictions. Contact Dale Yeilding in the NTEU Union office (301-415-3600) with any questions. -------------------------------------------------- Lautenberg Fact-Sheet FACT: Under the statute, any person who has been convicted of a misdemeanor crime of domestic violence cannot lawfully possess any firearm or ammunition. Persons convicted of a misdemeanor crime of domestic violence within the meaning of the statute who continue to possess any firearm or ammunition, Government-issued or personally owned, are subject to felony criminal penalties of up to 10 years imprisonment and fines of up to $250,000. FACT: Under the statute, a "misdemeanor crime of domestic violence" means an offense that: 1) is a misdemeanor under Federal or State law; and 2) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by: - a current or former spouse, parent, or guardian of the victim; - a person with whom the victim shares a child in common; - a person who is cohabitating with or has cohabitated with the victim as a spouse, parent or guardian, or - a person similarly situated to a spouse, parent or guardian of the victim FACT: Under the statute, a person is NOT considered convicted of such an offense unless: 1) the person was represented by counsel or knowingly and intelligently waived the right to counsel; and 2) if the person was entitled to a jury trial, the person was tried by a jury or knowingly and intelligently waived the right to a jury trial by pleading guilty or otherwise. FACT: Under the statute, a person is also NOT considered convicted if the conviction has been expunged, set aside or pardoned, or the person's civil rights have been restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement or restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms.
Appraisal Deadline is October 31
>>> Dale Yeilding NTEU 10/17/2005 5:12 PM >>>
NTEU reminds employees of a few aspects of the appraisal process the Union negotiated in Article 27 of the Collective Bargaining Agreement (CBA) linked below. Last year 91% of NRC bargaining unit employees received either an Outstanding or Excellent appraisal rating. In the event their rating is lowered, employees should be aware that CBA Article 27.11 says "Employees should be given feedback at other times during the year, if their performance deteriorates significantly."Contact Dale Yeilding in the NTEU Union office at 301-415-3600 for questions or information on how to appeal your appraisal.
NTEU Appraisal Tips: http://www.nteu208.org/appraisalratingchart.htm
Collective Bargaining Agreement, Article 27, Performance Appraisal System: http://www.nteu208.org/agreement2005.htm#Art27
Paycheck Errors May Have Caused Your Account Balance To Be Overstated
>>> Dale Yeilding NTEU 12/30/2004 3:13 PM >>>
On December 17, 2004, the agency issued an HRMS Bulletin describing a mistake where two pay checks (and one paycheck reversal) were sent to most employee's accounts for pay period #26. The reversal for some NRC employees may not be made by the end of the 2004 tax year. Some over payments reversed in January or later may result in a higher 2004 gross income and increased tax burden for the affected employees. This erroneous overpayment could have resulted in your account balance being overstated and may have increased your spending for the holidays if you did not detect the overpayment. Article 14 of the Collective Bargaining Agreement permits employees to repay erroneous overpayments over an extended time. Employees that need additional time to pay back the overpayment to the federal government should contact NTEU for assistance. Those employee's that experience adverse tax implication for 2004 should also contact NTEU. Now the good news. The December 17th HRMS Bulletin also addressed an issue dealing with flexible spending accounts (FSA) that ends up benefiting some employees. If the agency did not withhold an employee's FSA amount for pay period #26, the employee will not be required to pay it from their pay check but may still be reimbursed from the FSA administrator for the full amount of their original FSA election.Contact Dale Yeilding in the NTEU Union office for assistance or questions at 301-415-3600.
Agency Withdrawals Proposal for Gift Certificates
>>> Dale Yeilding NTEU 12/30/2004 3:17 PM >>>
The agency has withdrawn their proposal for a gift certificate awards program. Ninety five percent of employees responding to an NTEU survey indicated their preference for cash. NTEU will pursue through partnership other favorable aspects of the agency proposal, such as increasing the quantity of cash awards in smaller amounts for correspondingly smaller achievements.Contact Dale Yeilding in the NTEU Union office with any questions at 301-415-3600.
NTEU Working Today for a Better Tomorrow