FACILITIES

FACILITIES . . . CLOSURE OF DISTRIBUTION CENTERS

General Services Administration, Washington, D.C. and Council 236, American Federation of Government Employees, AFL-CIO, Case No. 00 FSIP 120, February 20, 2001 (Release No. 438).

The UNION, having proposed, among other things, that the closure of the facilities at issue be delayed for one year, rejected the following Factfinder's recommendations for settlement:

The Employer may proceed with a plan to close distribution centers in Palmetto, Georgia, and Fort Worth, Texas, and the four forward supply points.

The Employer will immediately seek an extension to its buy-out authority for at least an additional [three] months (through July), or seek new buy-out authority, to provide employees with the fullest opportunity for utilizing this option and to permit the closures to take place at a time allowing pre-RIF assistance to impacted employees to be maximized. The Employer will seek a buy-out period extending to at least July 31.

If after a concerted and good faith effort, the Employer is unable to obtain an extension of its buy-out authority, or new authority, the closures may go forward as indicated in the Employer's plan (in or by April 2001) in order to preserve this opportunity for reducing the number of employees subject to RIF.

The Union and Employer will take other measures to ameliorate the adverse impact on employees in those facilities, consistent with the parties' Master Agreement, utilizing the framework of their partnership agreement and within the scope of the Employer's duty to bargain under the parties' collective bargaining agreements and the Statute. This recommendation is not intended to expand the existing rights and obligations of the parties, but to encourage cooperation to the end of assisting employees to the fullest possible extent.

The AGENCY accepted the Factfinder's recommendations and proposed that the Panel adopt the Factfinder's Report and recommendations.

The PANEL ordered the following:

The Employer may proceed to close distribution centers in Palmetto, Georgia, and Fort Worth, Texas, and the four forward supply points consistent with any collective bargaining agreements between the parties so that the closures occur no sooner than October 1, 2001.

The Union and Employer will take measures to ameliorate the adverse impact on employees in those facilities, consistent with the parties' Master Agreement, utilizing the framework of their partnership agreement and within the scope of the Employer's duty to bargain under the parties' collective bargaining agreements and the Statute. This recommendation is not intended to expand the existing rights and obligations of the parties, but to encourage cooperation to the end of assisting employees to the fullest possible extent.

FACILITIES . . . BREAK ROOM

Department of the Air Force, Minot Air Force Base, Minot AFB, North Dakota and Local 4046, American Federation of Government Employees, AFL-CIO, Case No. 01 FSIP 111, July 18, 2001 (Release No. 442).

The UNION proposed the following:

The left half or the east half of the current Machine Shop which measures 29' by 34' as a break-room for members of the Bargaining Unit.

Any construction of necessary walls will be accomplished as a self-help project to keep costs of the project minimal. This would give an area of 29' by 17' for both management and members of the Bargaining Unit.

The AGENCY proposed the following:

1. The technical orders remaining in Mr. Miller's area will be consolidated into the main T.O. Library.
2. The table and chairs outside the summer rebuild office area will remain status quo until receipt of the final FLRA decision. At that time, appropri-ate action will take place commensurate with that decision.

ARBITRATOR Ellen J. Kolansky ordered the parties to adopt the following compromise provision:

A separate break room for bargaining-unit employees shall be established in the space reserved by the Employer for expanding the new break area. It shall have a separate entrance so that civilian employees may gain access without walking through the current "new" break room. The Employer and the Union will meet to determine jointly the amenities that will be made available in the break room for bargaining-unit employees. In the interim period, until construction is complete, bargaining-unit employees will continue to use the Summer Rebuild Shop Break Area; employees will be permitted to reheat and eat their food in that area, but will not be permitted to cook meals there.

FACILITIES . . . BREAK ROOM DESIGNATION

Environmental Protection Agency, Athens, Georgia and Local R5-60, National Association of Government Employees, SEIU, AFL-CIO, Case No. 01 FSIP 143, November 2, 2001 (Release No. 444).

The UNION proposed the following:

1. Office Annex Room (OA) #6 (or other office space mutually agreeable) will become and remain the OA Common Room[; or]
2. OA-1 and OA-4 will be designated and remain the multi-purpose room for Annex Office employees. As a multi-purpose room, it will serve as common/break room, as well as conference facilities* for Office Annex Personnel.

*Conferences should be scheduled to cause the least disruption, i.e., conferences, whenever possible, should not be scheduled during or near lunch breaks (11-1), and should not exceed [one] and [one-half] hours duration. If these two criteria cannot be met, the conference should[,] if at all possible, relocate to one of the other facilities available.

The AGENCY proposed that the parties do the following:

1. Move "'break room'" items and office equipment, like the copier, to the Bonsai Room; or move some items to the Bonsai Room and others to the office automation assistant's area.
2. Designate Office Annex Room #02 and #04 as a meeting/conference room where employees could have coffee, eat lunch, or meet to discuss professional matters.

The PANEL ordered the parties to adopt the UNION's alternative proposal (b).

FACILITIES . . . REST ROOM DESIGNATION

Department of the Army, Eisenhower Medical Army Medical Center, Fort Gordon, Georgia and Local 2017, American Federation of Government Employees, AFL-CIO, Case No. 01 FSIP 180, November 2, 2001 (Release No. 444).

The UNION proposed that "restroom 1J23, located near the Pathology Laboratory, be designated for use by female employees only," i.e., maintain the status quo.

The AGENCY proposed that "[restroom 1J23] be designated as unisex, and a 30-to-60 day test be conducted to determine whether that designation causes any problems."

The PANEL ordered the parties to adopt the following wording: "Room 1J23 shall be designated as a unisex bathroom."

FACILITIES . . . OFFICE SPACE

Department of Labor, Employment Standards Administration, Wage and Hour Division, Manchester District Office, Manchester, New Hampshire and Local 948, National Council of Field Labor Locals, American Federation of Government Employees, AFL-CIO, Case No. 01 FSIP 147, August 24, 2001 (Release No. 443).

The AGENCY proposed a floor plan for the new office that would include five individual work-station cubicles-four interior and one with a window. These cubicles would be "surrounded by partitions measuring up to 84 inches in height." Two wage and hour investigators (one, a union representative) would share the semi-private office measuring approximately 15 feet 10 inches by 13 feet.

The UNION proposed a floor plan for the new office that would include three cubicles for wage and hour investigators, constructed in a straight line in the interior space of the office, and a second semi-private office, located next to the one proposed by the Agency and shared by two wage and hour investigators. Both semi-private offices would measure 17 feet by 13 feet.

ARBITRATOR Donna M. DiTullio ordered the parties to adopt the AGENCY's floor plan, modified to include a second semi-private office for bargaining-unit employees.

FACILITIES . . . TEMPORARY SEATING ARRANGEMENTS

Department of the Treasury, Internal Revenue Service, Nashville, Tennessee and Chapter 270, National Treasury Employees Union, Case No. 01 FSIP 156, October 29, 2001 (Release No. 444).

The AGENCY proposed the following:

1. The parties agree that the hoteling of employees is undesirable but may be necessary. Compliance Services and Accounts Management at Southplace commit to avoiding the hoteling of employees and will make every effort to assign newly-hired employees (hereinafter "employees") to their own workstation.
2. On the first of the month, Compliance Services at Southplace will survey the other divisions at Southplace to determine the number and type of workstations unassigned/vacant at Southplace and report that information to NTEU.
3. Before hoteling, employees will be assigned to workstations in the following priority order:
   1. Employees will be permanently assigned to position description workstations in their division at Southplace, if available.
   2. If not available, employees will be temporarily assigned to non-secretarial workstations in their division at Southplace, if available.
   3. If not available, employees will be temporarily assigned to position description workstations in any other division at Southplace. if available.
   4. If not available, employees will be temporarily assigned to non-secretarial workstations that can accommodate the employees assigned work in any other division at Southplace, if available.
   5. If not available, then the employee will be hoteled into available workstations that can accommodate the employee's assigned work.
   6. This agreement remains in effect through December 31, 2002.

The UNION proposed the following:

Management has determined that hot-seating/hoteling of employees is undesirable. All Operating Divisions/Business Units commit to avoiding hot-seating/hoteling of employees.

1. Management will maintain a list, updated monthly, of all unassigned workstations in the Southplace Office Park.
2. This list will be shared with NTEU and each Business Unit present in the facility on a monthly basis.
3. Before hoteling, employees will be assigned to workstations in the following priority order:
   1. Employees will be permanently assigned to vacant (unassigned) workstations in their division if any are available, (e.g., Customer Service Representative to Customer Service Representative; Lead to Lead);
   2. If there are no vacant workstations available in the Division, newly hired Customer Service Representatives will be temporarily assigned to non-secretary (lead, manager, quality coach/analyst) workstations in the other "Call-Site" division where management intends to fill Customer Service Representative positions, prior to hot-seating new employees.
   3. If there are no vacant workstations available in either Call-Site division, management will relocate trained Quality/Support Staff in any other available workstation in Southplace in the following priority order: TAS, DORA, Training, and MITS, including Site Support.
      1. These employees will be given the opportunity to volunteer for these temporary workstations.
      2. Absent volunteers, employees will be assigned to temporary workstations on a reverse seniority basis.
      3. Once moved, an employee affected by this provision will be moved to the bottom of the list of employees subject to temporary location.
      4. Employees will be given [eight] hours to pack and unpack their desks.
   4. Workstations vacated by Quality/Support Staff will be filled by newly hired Customer Service Representatives.
4. The workstations to which employees are assigned will be equipped with the equipment (ASPECT phone, computer, etc.) necessary for the employee to be fully successful in his/her assigned position.
5. Once a business division permanently fills a position, it may reclaim a workstation temporarily filled under the terms of this agreement.
6. Business divisions are encouraged to consolidate Call-Site employees assigned to their areas to reduce the impact of noise on the others situated in the work area.
7. This agreement remains in effect for the remainder of NORD V.

ARBITRATOR Donna M. DiTullio ordered the parties to adopt the AGENCY's proposal, modified to run concurrent with the NORD V contract.

FACILITIES . . . SELECTION OF PRIVATE OFFICES AND CUBICLES

Department of Education, Office of Civil Rights, Kansas City, Missouri and ED Local 3892, American Federation of Government Employees, AFL-CIO, Case No. 01 FSIP 203, December 17, 2001 (Release No. 445).

The AGENCY proposed the following:

All individuals currently assigned offices will maintain offices at the Ward Parkway location. The order of future non-manager office assignments will be: Attorneys (all levels)*; GS-13 Equal Opportunity Specialists; [EOS]; GS-12 Equal Opportunity Specialists; all remaining offices and work spaces will be assigned by grade. Selection of offices/space will be based on grade and Federal Service seniority.

*The agency maintains that attorneys are a functional group and office assignments are integral to the methods and means of performing the duties of the position.

The UNION proposed that:

1. All employees of OCR Kansas City that were on board and had an office as of January 1, 2001, shall have offices in the new location.
2. The method for distributing offices/space and selecting offices including filling vacancies in offices/space and selecting offices/space shall be by seniority and grade according to the following order: *1. GS-14s by seniority; *2. GS-13s by seniority; *3. GS-12s by seniority; *4. All remaining space by seniority among those in the same grade.
3. This agreement will expire on October 1, 2006, unless the matter is superceded by the successor MCBA.

The PANEL ordered the following:

1. All employees of OCR Kansas City who were on board and had an office at the current North Executive Hills Boulevard location shall have offices in the new Ward Parkway location.
2. The method for distributing offices/space and selecting offices including filling vacancies in offices/space and selecting offices/space shall be by seniority and grade according to the following order: 1. GS-14s by seniority; 2. GS-13s by seniority; 3. GS-12s by seniority; 4. All remaining space by seniority among those in the same grade.
3. This agreement will expire on October 1, 2005, unless the matter is superceded by the successor MCBA.
4. Nothing in this provision shall prohibit the Employer from ensuring the availability of private space for employees when privacy is necessary to perform specific tasks.