AGREEMENT/BARGAINING OBLIGATIONS
Federal Emergency Management Agency, Washington, D.C. and Local 3836, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 43, March 3, 1998 (Release No. 407).
The AGENCY proposed the following:
Place of Negotiations. The place of negotiations will be the Region IV office in Atlanta, Georgia. The Employer will provide one employee/Union negotiator with per diem for up to 5 days and travel costs for one round trip from Thomasville, Georgia, to Atlanta, Georgia. The Union will arrange and bear any additional per diem costs for its negotiators, if needed, during term negotiations. Additionally, the Union will bear all costs for any Union negotiator not employed by the Employer.
Start Date. Collective bargaining agreement negotiations will commence within 3 weeks of the exchange of proposals. If negotiations are not concluded by Friday, May 1, 1998, (after 1 week of negotiations), the parties will establish a schedule for resuming negotiations.
The UNION proposed the following:
Place of Negotiations. The place of negotiations will be at F[ederal] R[egional] C[enter] Thomasville, Georgia, the first week and Atlanta, Georgia, the second week if necessary, and if travel is involved, the Employer will bear 100 percent of the costs for per diem and such travel for two Union negotiators, to include lodging, meals, and travel, when required to travel to Atlanta, Georgia. Should it be necessary for additional weeks of negotiation, it will be accomplished in an alternative process, Thomasville, Georgia, for one week and Atlanta, Georgia, one week.
Exchange of Proposals. The parties will exchange proposals by the close of business on Friday, March 27, 1998, and no new proposals will be accepted after that date except by mutual agreement.
Start Date. Collective bargaining agreement negotiations will commence on Monday, April 20, 1998. If negotiations are not concluded by the close of business on Thursday, April 30, 1998, the parties will devote the day of Friday, May 1, 1998, to scheduling future negotiations.
The ARBITRATOR ordered the parties to adopt the following:
1. Official Time for Preparation
Official Time. Official time is authorized for the time spent at the bargaining table in direct negotiations, and caucuses of short duration on the days of direct negotiations. Additionally, up to 20 hours of official time is authorized for the Union negotiators to prepare for negotiations, and this time may be divided between the two negotiators as the Union may determine.
2. Site and Payment of Travel and Per Diem Expenses
Place of Negotiations. The first week of negotiations will be in Thomasville, Georgia. The second week of negotiations will be at the Region IV office in Atlanta, Georgia. The Employer will provide 75 percent of the travel and per diem expenses of the employee/Union negotiators for the second week of negotiations. The Union will arrange and bear any additional per diem or travel costs for its negotiators, if needed, during term negotiations. Additionally, the Union will bear the costs for any Union negotiator not employed by the Employer.
3. Schedule of Negotiations
Start Date. Collective bargaining agreement negotiations will commence on Monday, April 20, 1998. If negotiations are not concluded by Friday, May 1, 1998, the parties will establish a schedule for resuming negotiations.
Social Security Administration, Mesa Field Office, Mesa, Arizona and Council 147, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 146, April 16, 1998 (Release No. 408).
The UNION proposed the following:
Plexiglas/safety glass will not be installed in the SR windows at this time, but this issue may be reopened. Such a reopener will be no earlier than 6 months after the office relocation. This will allow the parties time to evaluate security and health issues at the new facility.
The AGENCY opposed the installation of Plexiglas at the reception counter windows and to possibly reopening negotiations in six months on that subject.
The ARBITRATOR ordered the parties to adopt the UNION's proposal.
Social Security Administration, Baltimore, Maryland and Council 220, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 24, May 29, 1998 (Release No. 409).
The AGENCY proposed the following:
Introduction
This Memorandum of Understanding (MOU) is entered into by and between the Social Security Administration (SSA) hereinafter called the "Agency", "Employer", "Management" and/or "SSA" and the American Federation of Government Employees (AFGE) Field Council, hereinafter called the "Union". Both SSA and the Union may also be called the "Parties" jointly.
Scope
The purpose of this MOU is to set forth certain understandings concerning the implementation and impact of the Fugitive Felon Project. This project is being conducted as a result of section 202 of Public Law 104-193, enacted on August 22, 1996. This law amends Title XVI of the Social Security Act to make an individual ineligible for Social Security Income (SSI) benefits for any month during which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime which is a felony (or in the State of New Jersey, a high misdemeanor) under the laws of the place from which the individual is fleeing; or violating a condition of probation or parole imposed under Federal State Law.
The Agency agrees to share information with the Union as developments relating to the Fugitive Felon Project occur. Nothing in this MOU constitutes a waiver of the Union's rights to negotiate on future changes in accordance with Article 4 of the National Agreement and 5 U.S.C. 71.
Health and Safety
- If an interviewer becomes aware that a member of the public with whom an interview is required is an escaped felon or parole violator, the interviewer may conduct the interview by phone if possible. If this is not possible then protective measures will be afforded the employee conducting the interview.
Miscellaneous
- A copy of this MOU should be posted on each office/installation bulletin board and will remain there for a period of 60 days.
The UNION proposed the following:
Introduction
This Memorandum of Understanding is entered into by and between the Social Security Administration, hereinafter referred to as "the agency", and the American Federation of Government Employees, hereinafter referred to as "the union" regarding the implementation of the Fugitive Felon Project.
Scope
The purpose of this bargaining is to set forth certain understandings concerning the implementation of the Fugitive Felon Project. The agency agrees to share information with the Union a developments relating to the Fugitive Felon Project occur. Nothing in this MOU constitutes a waiver of the Union's rights to negotiate on future changes in accordance with Article 4 of the National Agreement, 5 U.S.C. 71, and E.O. 12871.
Proposal 1
It is not management's intent, absent an emergency, that bargaining-unit employees should participate in arrest, apprehension, or detention of fugitive felons.
Proposal 5
B. To the maximum extent possible, interviews with fugitive felons will be conducted by telephone.
C. In-office interviews of fugitive felons will be conducted at the reception counter whenever possible. If this is not possible, protective measures will be given to the employee conducting the interview.
D. When bargaining-unit employees are required to obtain the residence address of fugitive felons or possible fugitive felons in accordance with POMS SI 02301.240D.1, such efforts and contacts will be conducted by mail or telephone to the maximum extent possible.
Proposal 6
All cases referred for suspension for warrants resulting from acts of violence will be identified with a 'flag' indicating that the recipient/felon is dangerous and potentially violent. When such a case is received, the recipient's name will be placed on a list of dangerous felons and distributed to each interviewing employee and the security guard, if any, in the servicing office.
Proposal 11
All notices to recipients and the 'Remarks' section of the SSID will contain the following: nature of the outstanding warrant, address and phone number of the law enforcement agency holding the warrant, date of issue of the warrant, and instructions to contact the law enforcement agency to clear the warrant before reinstatement can occur.
Proposal 20
Within 30 days of this MOU, a copy will be posted on each office/installation bulletin board and will remain there for a period of 60 days.
Proposal 23
Appropriate advance notice will be given to the Union of any subsequent changes concerning the scope or terms of this agreement, and the Union will be afforded an opportunity to bargain said changes per Article 4 of the National Agreement and 5 U.S.C. 71 and E.O. 12871.
The PANEL ordered the parties to adopt the AGENCY's final offer.
Department of the Air Force, Air Force Materiel Command, Air Force Flight Test Center, Edwards Air Force Base, California and Sport Air Traffic Controllers Organization, Case No. 98 FSIP 107, September 23, 1998 (Release No. 413).
The AGENCY proposed that ground rules on permissive bargaining subjects are unnecessary because the Statute, case law, and administrative decisions govern the issue.
The UNION proposed that ground rules on permissive bargaining issues should insure compliance with the Statute and Executive Order 12871, which mandates negotiations on the issues set forth in 5 U.S.C. 7106(b)(1).
The PANEL was not persuaded that there was a need to address the matter in a ground rules agreement and ordered the parties to withdraw their proposals.
Department of the Army, U.S. Army Armor Center, Fort Knox, Kentucky and Local 2302, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 115, September 24, 1998 (Release No. 413).
The AGENCY proposed the following:
Room 118 of Building 2807, currently used as a break room for some Directorate of Logistics employees will be converted to office space for military supervisors. Room 207, currently used as a break room for elements of the 16th Cavalry Regiment, will be made available for use of the employees of the Directorate of Logistics who used Room 118.
In a supplemental submission, the Agency modified its proposal by offering to (1) place a refrigerator and microwave in the open break area designated as Room 126; and (2) if necessary, designate these items for the exclusive use of employees who previously used Room 118, who would also have access to Room 207 at their option. The latter would be accomplished by a directive from supervisors and, if necessary, placing a locking device on the refrigerator and giving keys to employees who used Room 118.
The UNION proposed the following:
This issue should be remanded back to the parties under the scope of the FLRA decision of the "covered-by" doctrine.
The PANEL ordered the parties to adopt the following:
Room 118 of Building 2807, currently used as a break room for some Directorate of Logistics employees, will be converted to office space for military supervisors. Room 207, currently used as a break room for elements of the 16th Cavalry Regiment, will be made available for use of the employees of the Directorate of Logistics who used Room 118. The Employer will also place a refrigerator and microwave in the open break area designated as Room 126. If necessary, these items will be designated for the exclusive use of employees who previously used Room 118, who will also have access to Room 207 at their option. This will be accomplished by a directive from supervisors and, if necessary, a locking device will be placed on the refrigerator and keys given to employees who use Room 118.
Department of Energy, Oak Ridge, Tennessee and Local 268, Office and Professional employees International Union, AFL-CIO, Case No. 98 FSIP 161, November 2, 1998 (Release No. 414).
The AGENCY proposed the following:
Either party may call caucuses at any time. Normally caucuses shall not exceed 30 minutes unless longer periods of time are agreed to by both parties. If the issues regarding the proposals cannot be resolved within the agreed upon caucus time, the proposal will be set aside. Additionally, up to a total of 20 hours of official time is authorized for the Union negotiators to prepare counter proposals including necessary research - these 20 hours may be divided between the five negotiators as the Union may determine.
The UNION proposed the following:
Caucus time will be reasonable in length. The party requesting the caucus will inform the other party of the approximate time needed (for the caucus). If the caucusing party needs additional time, the other party will be informed of additional time needed to fully debate and discuss the issue. Either party needing less time will inform the other party of its intent to return to the bargaining table earlier.
The ARBITRATOR ordered the parties to adopt the UNION's proposal.
Department of Justice, U.S. Attorney's Office, District of New Jersey, Newark, New Jersey and Local 2149, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 168, December 11, 1998 (Release No. 415).
The UNION proposed the following:
3. d). Only the Chief Negotiator, or designee, is authorized to commit their negotiating team to agreement on a proposal. Such authority will be in writing and will be presented before beginning the negotiations. The two Chief Negotiators initialing the proposal upon reaching a tentative agreement will indicate commitments. The initialed proposal(s) will not prevent the proposals from being reopened for further negotiations at a later date by mutual agreement of the parties.
8. c). Articles signed off as completed cannot be reopened unless by mutual agreement of the parties. As articles are agreed upon, the Chief Negotiators, or his/her designees, will finalize the article by initialing and dating it at the session. Agreement on sections is tentative until the entire article is fully agreed upon.
The AGENCY opposed the inclusion of the Union's proposal in the final ground rules, claiming it would 'discourage tentative agreement on proposals and prolong the negotiations.'
The ARBITRATOR ordered the parties to adopt the UNION's proposal.
