NTEU Court Victory Reinforces Federal Employee
Military Reemployment Rights
NTEU has won a major federal court victory underscoring and supporting
the reemployment rights of federal workers who also serve their
country as active duty members of the armed forces reserves and
National Guard. The decision is expected to have wide-ranging procedural
impact on claims by veterans asserting these rights.
A panel of the U.S. Court of Appeals for the Federal Circuit granted
NTEU’s motion to vacate a decision of the Merit Systems Protection
Board (MSPB), reversing the Board’s ruling that it did not
have jurisdiction over a petition filed by an employee of the Equal
Employment Opportunity Commission (EEOC) who also was an Army Reserve
officer who had spent two years on active duty. NTEU represented
the EEOC employee because of the importance of the issue to all
federal employees.
“This is an important case because the MSPB has dismissed
other claims filed by veterans on the grounds that they were required
to pursue their claims through the grievance route only,”
said NTEU President Colleen M. Kelley.
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I am pleased to announce that NTEU and CBP have signed articles
on a bid and rotation procedure and alternative work schedules
that will be implemented in the coming weeks, even as the parties
continue bargaining over the rest of the contract.
This is a tremendous gain for CBP employees, and one that NTEU
worked very hard to secure in the months, and even years, leading
up to bargaining. Your honest responses to the employee survey
contributed to the victory. In congressional testimony and during
meetings with lawmakers and agency leaders, I repeatedly emphasized
the connection between the lack of a negotiated bid and rotation
system and CBP's dismal ratings in employee surveys. This left
management with no choice but to acknowledge that changes needed
to be made. More
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MORE NEWS
TSA PASS System Once Again Fails Employees
 NTEU
expressed serious concern about the continued use of a discredited merit
pay system by the Transportation Security Administration (TSA) after a newly-issued
report showed miniscule merit pay increases of 2 percent or less for more
than three-quarters of the agency’s frontline workforce.
The report highlights the final performance rating status acquired by Transportation
Security Officers (TSOs) under the agency’s Performance Accountability
and Standards System (PASS) in 2008. Under PASS, employees are rated at
five levels and are eligible for merit raises, or a one-time, lump-sum bonus,
if they attain ratings at the top three levels. More
Agreement Brings Transparency to Bid and Rotation
System
The new agreement, which covers CBP Officers and Agriculture Specialists,
will bring a fair, transparent and consistent bid and rotation system to
employees. Experienced employees will be recognized for their years of service.
NTEU will have a seat at the table when management decides who gets what
position, and employees who believe they have been unfairly passed over
will have access to an expedited grievance procedure.
Employees will be permitted to identify up to four preferred assignments,
or more if the local parties agree. The most senior employees will be assigned
to their preferred units first, until 25 percent of the work unit is made
up of newly-assigned employees or until there are no employees with more
seniority who want to move into the work unit. CBP also agreed to take into
account the seniority of all legacy groups. Along with recognizing experienced
CBP employees, the procedure will give newly-hired employees the chance
to move to a preferred work unit through random selection.
As for AWS, this agreement opens the door for local managers and NTEU chapters
to establish compressed work schedules, with a negotiated procedure for
when parties cannot reach agreement. Compressed schedules include 5/4/9,
4/10 and other arrangements that allow employees to work fewer than five
days a week. Flexible work schedules with the opportunity to earn credit
hours are another scheduling option that can be locally negotiated for employees
other than CBP Officers and Agriculture Specialists.
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