ASSIGNING EMPLOYEES/WORK
Department of the Army, Headquarters 10th Mountain Division and Fort Drum, Fort Drum, New York and Local 400, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 94, January 2, 1998 (Release No. 405).
The AGENCY proposed the following:
Section 6
When assigning work, supervisors will take into consideration environmental conditions, such as extreme heat or cold and availability of utilities (electricity, heat) required to do the work, and will make appropriate accommodations. If Employees cannot reasonably be accommodated as necessary to perform gainful work, they may be released on administrative leave.
Section 8
The employees who perform duties which are vital to medical facilities, public safety, national defense or other work exigencies may be designated as Emergency Essential personnel. These Employees may be required to report for duty despite delay or closures or to remain at work when directed to so and may be disciplined if they fail to make reasonable efforts to report for duty. Designations of emergency essential Employees will be forwarded to the Union prior to the proposed effective date.
The UNION proposed the following:
Section 6
A. When assigning work, supervisors will take into consideration environmental conditions such as extreme heat or cold and the availability of utilities (electricity, phones, water) required to do the work, and will make appropriate accommodation. If Employees cannot reasonable be accommodated as necessary to perform the functions of their job, they may be released on administrative leave. A decision must be made within two (2) hours of the time the complaint is given to management. Before administrative excusal may be granted, it must be established by the Employer that the conditions are such as to actually prevent working.
Section 7
Employees who are required to work outside will not be exposed to temperatures below 25 degrees F, wind-chill factor included, for periods of more than 15 minutes, without a subsequent 30-minute period in a heated area.
Section 8
A. Specifically designated 'emergency essential' Employees (such as life support, road clearance, and other crucial missions which cannot be interrupted nor delayed) may be required to report for duty despite delay or closures or to remain at work when directed to do so[, and] may be disciplined if they fail to make reasonable efforts to report for duty. Designations of emergency essential Employees will be forwarded to the Union prior to the proposed effective date and the Union will be provided the opportunity to negotiate.
B. Those Employees who perform duties which are vital to medical facilities, public safety, national defense or other work exigencies may be designated as Emergency Essential personnel.
The PANEL ordered the parties to adopt the AGENCY's final offer.
Department of the Army, Headquarters, Fort Carson, Fort Carton, Colorado and Local 1345, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 124, February 3, 1998 (Release No. 406).
The AGENCY proposed the following:
The constant hours of duty for all employees assigned to range 143, and the hours of duty for employees assigned to ranges 109 or 145 only when there is a military unit on the range, are as follows:
1st shift
2nd shift
3rd shift
|
0730 - 1600
1530 - 2400
2330 - 0800
|
Employees are required to take a 30 minute unpaid lunch during each shift in accordance with a staggered schedule established by their supervisor.
The UNION proposed the following:
The constant hours of duty for all employees assigned to range 143, and the hours of duty for employees assigned to ranges 109 or 145 only when there is a military unit on the range, are as follows:
1st shift
2nd shift
3rd shift
|
0730 - 1530
1530 - 2330
2330 - 0730
|
There will be a 20 minute paid lunch period. Employees will be required to remain at their range assignment while consuming food or resting.
The PANEL ordered the parties to withdraw their proposals to permit the UNION to request a written declaration of nonnegotiability from the AGENCY.
Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Baltimore, Maryland and Local 006, National Association of Agriculture Employees, Case No. 98 FSIP 33, April 7, 1998 (Release No. 408).
The AGENCY proposed the following:
The late afternoon tour of duty will be staffed by two Plant Protection and Quarantine Officers (PPQO's). For the first calendar year of the established tour, one PPQO will work a regularly scheduled tour of duty, and the second PPQO will work on a call-back basis. At the anniversary of the first year of the late afternoon tour, the second PPQO slot will be staffed as a regular tour of duty.
A regularly scheduled tour of duty for the late afternoon tour is 1500 to 2300 hours. The Agency, however, reserves the right to change the hours of the late afternoon tour of duty to correspond with the flight schedule and industry work demands.
The UNION proposed the following:
Allow a phase-in period of 3_ years. For that period, service the evening workload at the BWI airport with one officer scheduled on a shift from 1500-2300 and a second officer will be called out based on current overtime call-back procedures. At the conclusion of the phase-in period a second officer should be added to the late evening TOD [tour of duty].
The beginning of the phase-in period should commence when the FSIP makes a decision regarding this case.
During the phase-in period management may change the time of the late evening TOD (currently 1500-2300 Mon.-Fri.) to correspond with flight schedules, etc.
The PANEL ordered the parties to adopt the following:
The late afternoon/evening operations at Baltimore Washington International Airport will generally be staffed by two Plant Protection and Quarantine Officers (PPQO's). For 2 years following the issuance of this decision, one PPQO will work a regularly scheduled tour of duty, and a second PPQO will work on a call-back basis. At the end of 2 years, the second PPQO slot will be staffed as a regular tour of duty.
During the 2-year period, the regularly scheduled tour of duty for the late afternoon/evening tour is 1500 to 2300 hours. During the 2-year period, the Agency reserves the right to change the hours of the late afternoon/evening tour of duty to correspond with the flight schedule and industry work demands.
Department of the Treasury, Internal Revenue Service, Philadelphia Service Center, Philadel phia, Pennsylvania and Chapters 22 and 71, National Treasury Employees Union, Case No. 98 FSIP 127, September 25, 1998 (Release No. 413).
The AGENCY proposed the following:
Upon arrival in Philadelphia Service Center, Automated Collection System (ACS) employees will be integrated into newly formed units. These employees will occupy the furniture available until new furniture arrives under the terminal replacement agreement dated January 6, 1998.
Employees will be located in three different areas, Accounts Compliance Branch, Dance Floor, and Emerald City.
The integration will be in accordance with Proposal "B," Methodology for Entered on Duty Date. This methodology will provide the most flexibility for the employees.
The UNION proposed the following:
A. Employees migrating from the District Office will remain in their current work units to maintain employees' tours of duty, seniority standing, work schedules, etc. The Service Center units will remain the same as well. There will be five units comprised of Service Center employees and four units comprised of former District employees. The Union proposes to conduct work shops, town meetings, unit meetings and focus groups to help share experiences and skills, and attitudes, if necessary.
B. The [work] units [will] be interspersed among the different areas for ACS work, i.e., two Service Center units and one District unit will work on the 'dance floor.' Two Service Center units and one District unit will work in the 'emerald city' area. One Service Center unit and two District Units will work in the Accounts Compliance Branch area (Attachment C.) [Attachment C, a sketch, is not provided.]
C. Four Service Center units and two District units will have the best ergonomic furniture. One Service Center unit will use the 'pod' furniture coming from the District Office. One District unit will use a combination of 'pod' furniture and Unicor desks. One District unit will use Unicor desks.
The PANEL ordered the parties to adopt the AGENCY's proposal.
Department of the Treasury, U.S. Customs Service, Miami, Florida and National Treasury Employees Union, Case No. 98 FSIP 92, September 28, 1998 (Release No. 413).
The AGENCY proposed to eliminate the 6 a.m. to 2 p.m. shift for customs inspectors, including rovers, in the PPB [Passenger Processing Branch] and replace it in Concourse B with a 5 a.m. to 1 p.m. shift, which would revert to 6 a.m. to 2 p.m. during eastern standard time (e.s.t.); and in Concourse E, substitute the 6 a.m. to 2 p.m. tour of duty with a 4 a.m. to 12 p.m. shift, reverting to 5 a.m. to 1 p.m. during e.s.t. Customs inspectors who demonstrate personal hardship may be exempt from working these shifts; hardship exemptions would be determined by a joint labor-management panel with the Port director making the final decision in the event of a tie vote. The new shifts would apply on Sundays and holidays as well. All other existing shifts would remain in effect. Finally, implementation of the new shifts would take place 30 days after the Panel's decision.
The UNION proposed to implement a permanent 6 a.m. to 2 p.m. shift in Concourses B and E of the [Passenger Processing Branch] PPB.
The PANEL ordered the adoption of the following modified version of the AGENCY's proposal:
(1) In the Passenger Processing Branch, the current 6 a.m. to 2 p.m. shift for inspectors assigned to passenger processing (including Rover) shall be replaced in 30 days in Concourse B with a 5 a.m. to 1 p.m. shift, changing to 6 a.m. to 2 p.m. during eastern standard time (e.s.t.); and in Concourse E with a 4 a.m. to 12 p.m. shift, changing to 5 a.m. to 1 p.m. during e.s.t.
(2) The above shifts also apply to Sundays and holidays.
(3) All other currently existing shifts will remain in effect.
(4) Hardship Policy - Decisions on employee requests to be exempt from working the shifts referenced in paragraph (1), above, are to made jointly by a Management/Union panel consisting of one manager and one Union member. If there is no consensus on whether or not there is a hardship, the Port Director will make the final decision. In making the determination, the Port Director shall take into consideration the July 11, 1994, Memorandum issued by President Clinton to heads of Executive Departments and Agencies, entitled "Expanding Family-Friendly Work Arrangements in the Executive Branch."
Department of Justice, immigration and Naturalization Service, Washington, D.C. and National Immigration and Naturalization Service Council, American Federation of Government employees, AFL-CIO, Case No. 98 FSIP 162, December 4, 1998 (Release No. 415).
The AGENCY proposed the following:
(1) Employees who have been on a continuous overseas tour of duty for between 4 and 9 years will be permitted, with the favorable recommendation of local and regional management, to receive a 1-year extension; and (2) Employees who have been on a continuous overseas assignment for over 10 years will be permitted, with the favorable recommendation of local and regional management, to receive a 1-year extension. If an employee encounters difficulty in obtaining an assignment during the first year and can show that he/she acted with due diligence in competing for positions within the United States, an additional 1-year extension may be granted.
The UNION proposed the following:
(1) Employees who have been on continuous overseas assignment for a period of 10 or more years will be able to apply for a maximum of four additional 1-year extensions of their overseas tour. Absent discipline or performance problems, these requests will be approved; (2) Employees who have been on continuous overseas assignment for a period of more than 5 years but less than 10 years will be able to apply for a maximum of three additional 1-year extensions of their overseas tour. Absent discipline or performance problems, these requests will be approved; and (3) Employees who have been on continuous overseas assignment for a period of more than 3_ years but less than 5 years will be able to apply for a 1-year and a 6-month extension, for a total of 18 months. Absent discipline or performance problems, these requests will be approved.
The PANEL ordered the parties to adopt the following:
(1) Employees with 10 years or more continuous overseas service may request: (a) one 18-month extension of their overseas tour; and (b) a second 1-year extension of their overseas tour.
(2) Employees with more than 5 but less than 10 years may request one 18-month extension; and
(3) Employees with 3_ to 5 years may request a 1-year extension of their overseas tour.
Absent discipline or performance problems, these requests will be approved.
