Contract Issues - Chapter 11

 

What follows is brief discussion of some of the parts of the contract that you should be especially aware of.  However, as a Union Steward, it is important for you to read the ENTIRE contract. You should have a printed copy of the contract, and you can also read it online at this link: July 3, 2001 CBA. 

  • Important point on obtaining guidance on contract interpretation
     
  • Contract "aka's"
  • This chapter highlights changes in and important aspects of the following topics:   
    • Grievance Procedure (Article 20) 
    • Negotiations/Change in Working Conditions (Article 12) 
    • Promotions (Article 15)
    • Evaluations/Appraisals (Article 18)
    • Work Schedules (Articles 25 & 26)  

IMPORTANT POINT: Obtaining Guidance on Contract Interpretation

  • Obtain guidance only from Union leadership - do not seek guidance from Management on how to interpret the contract.  Employees are often used to seeking guidance on work procedures from their supervisors.  However, when you are serving as a Union representative you are wearing your "union hat" and not your "employee hat".  Managers and supervisors do not have the final say on the meaning, application, or interpretation of the contract (as far as we are concerned).  If you have a question about what a provision of the contract means, contact the Local 1998 leadership (President, Vice President, Secretary-Treasurer, Recording Secretary, and/or Chief Steward) or NFFE National Officers.

You may also obtain guidance on how to interpret the contract from the following sources:

Contract "aka's"

Remember, the contract goes by many names: 

  • "Collective Bargaining Agreement", 

  • "CBA", 

  • "Negotiated Agreement", 

  • "Agreement", 

  • "Term Agreement", 

  • "Union Contract", 

  • "Union Agreement", and 

  • "Union book". 

Don't get confused!  Any of those terms are valid.  

Grievance Procedure

This is one of the most important articles in the contract, and Chapter 14 of this Steward Manual has more in depth information on this topic.  The negotiated grievance procedure is found in Article 20 of the contract, but also involves Article 21 “Alternate Dispute Resolution” and Article 22 “Arbitration” as well, so you should be familiar with all three articles. 

Watch out for:

  • Deadlines!  The deadline to file an initial grievance (an "Informal Grievance") is 30 days after the violation happened, or 30 days after the employee was reasonably aware of the violation.  Do not miss any deadlines, or else the grievance may be terminated and the Union and the grievant have no other recourse.  Also, make sure your members are educated to know about the deadlines so that they do not bring a concern to your attention after it is too late. 
  • Pick one procedure only.  You cannot file a ULP or go to the EEO or MSPB on a matter for which you have filed a grievance.  See Chapter 15 for more information on ULP’s and Chapter 17 for more information on other actions, such as the EEO or MSPB procedures. 
  • Other administrative procedures allowed by the contract.  Before you contest the rating on an evaluation or a proposal to administer disciplinary action, for example, there are other appeal procedures available in the contract.  If those procedures are not successful, then you may choose to file a grievance. 

Remember:

  • Get help if you need it.  Contact the Local President or other designated NFFE Local 1998 resource for assistance early in the process. 

Negotiations

Another important topic, this is covered in greater detail by Chapter 16 of this Steward Manual.  Please make sure to read Article 12 of the contract. 

Watch out for:

  • Deadlines!  The deadline to invoke the Union's right to bargain is between 15 and 30 days after the Union received notification.  If the notification contained no deadline, then it is automatically 30 days.  If the notification contained a deadline, that deadline must be a minimum of 15 days from the date of the notice.  Do not miss any deadlines, or else Management may be able to implement a proposed change and the Union may have no other recourse. 
  • Any bargaining that takes place or any negotiated agreements that result must have a minimum of two (2) Union representatives involved in order to be valid under the contract.  
  • Local Management seeks guidance on issues from HQ, so you should feel comfortable seeking advice from the Local 1998 leadership.  

Remember:

  • Get help if you need it.  Contact the Local President or other designated NFFE Local 1998 resource for assistance early in the process. 

Promotions

This was the NUMBER ONE issue that the Union had in the 2000 – 2001 contract negotiations.  Information on career ladder promotions is found in Article 15. 

Link to Career Ladder Promotion Chart

Remember:

  • An employee who was rated Fully Successful, and who has the required time-in-grade, may be promoted at the earliest eligibility date. 
  • Receiving an Excellent or Outstanding rating is not a requirement to be promoted. 
  • The failure to promote an employee can be grieved. 

Evaluations/Appraisals

The Union has received many complaints about unfair or inaccurate appraisals over the years.  Appraisals/evaluations are required by the contract to be fair and accurate.  Article 18 covers evaluations.  

Remember:  

  • Awards are now tied in to evaluations at the Outstanding level. 
  • Promotions are automatic for certain levels, and are justified at every level, for employees who receive Excellent or Outstanding evaluations.

Question: Can an employee grieve the rating given to him/her in the annual appraisal?

Answer: Yes!  Some employees have mistakenly believed that appraisals cannot be grieved, but that is not true.  Local 1998 has filed a number of grievances – some successful, others not – challenging the rating given to employees. 

Work Schedules

Many employees highly value having options in work schedules, in order to accommodate family, personal, or commuting issues.  Work schedule rules are spelled out in Article 25 and Article 26 of the contract. 

Remember:

  • Per that article, each office should work out a local agreement in order to avoid future misunderstandings. 
  • Management cannot unilaterally terminate work schedule options.  If either party seeks to make a change to a local agreement or a past practice, those changes can only be made in the Union/Management Council meeting or via traditional negotiations. 
  • For Compressed Work Schedules (CWS), the negotiability (lawfulness) of any Union proposals to change the CWS options or how the program is administered are not affected by Management Rights (found in Article 5 of the contract and 5 U.S.C. 7106). 
  • Beyond the 1-pay period suspension allowed by the contract, if Management seeks to terminate a CWS and the Union disagrees, then Management may not unilaterally terminate the CWS; instead, Management must contact the Federal Service Impasse Panel (FSIP) after mediation over the dispute has taken place.