STAFFING . . . NUMBERS AND POSITIONS

Department of Veterans Affairs, Eastern Kansas Health Care System, Dwight D. Eisenhower VA Medical Center, Leavenworth, Kansas and Local 85, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 164, March 15, 2000 (Release No. 430).

The AGENCY proposed that the Leavenworth Fire Department staffing shall consist of a fire chief, an assistant fire chief, three captains, and ten firefighters.

The UNION proposed that the Leavenworth Fire Department staffing shall consist of a fire chief, an assistant fire chief, three captains, and eleven firefighters.

The PANEL ordered the parties to adopt the UNION's proposal.

STAFFING . . . PERMANENT OR TERM POSITIONS

Department of Veterans Affairs, Eastern Kansas Health Care System, Dwight D. Eisenhower VA Medical Center, Leavenworth, Kansas and Local 85, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 164, March 15, 2000 (Release No. 430).

The AGENCY proposed that "management 'review each term or temporary appointment as it is vacated to determine appropriateness for permanent appointment.'"

The UNION proposed the following:

The existing fire fighter positions which are now filled by incumbents under term appointments shall be filled by individuals under permanent appointments as soon as this can be achieved in a manner consistent with the options and choices available to the agency under applicable laws and regulations

The PANEL ordered the parties to adopt the AGENCY's proposal.

STAFFING . . . TOUR . . . NUMBER OF EMPLOYEES ASSIGNED

Department of the Treasury, U.S. Customs Service, Newark, New Jersey and Chapter 161, National Treasury Employees Union, Case No. 00 FSIP 100, September 25, 2000 (Release No. 435).

The AGENCY proposed--

[T]o increase "actual" staffing of the summer 4 p.m. to midnight shift from [eight] inspectors to 11 inspectors, with minimum staffing of [five] inspectors, and to increase "actual" staffing for the remainder of the year from [six] to [nine] inspectors, with minimum staffing of [four].
Inspectors would be allowed, under a hardship policy, to request an exemption from working certain tours.

The UNION proposed that "'nine inspectors [be] assigned to the 4 p.m. to midnight tour in the summer and seven inspectors [be] assigned...in the winter.'"

The PANEL ordered the parties to adopt the following:

1. The current 3x11 tour that converts to a 4x12 tour June 15 through September 15 will be replaced with a year-round 4x12 tour.

2. Actual staffing will be increased by two inspectors on the 4x12 tour (year round) as follows:

From May 1 to October 31 — Actual: 10 — Minimum: 5
Remainder of the year — Actual: 8 — Minimum: 4

3. The tour change and increased staffing as noted above will be implemented effective November 1, 2000, when the staffing for the "Remainder of the year" goes into effect.

4. The tour will be staffed first with volunteers.

5. If there are not enough volunteers, all tours at NIA will be staffed by a rotation of all inspectors who will rotate equally via a wheel concept through all tours based on seniority, and other agreements between the parties currently in force.

6. A hardship policy will be implemented which will provide employees, with substantiated legitimate hardship, who can demonstrate that they have sought other alternatives without success, with the opportunity to request to be exempt from working one or more of the tours depending on the circumstances. Requests to be exempt from the 4x12 tour will initially be considered jointly by the Branch Chief and the NTEU representative for NIA. If there is no agreement between them concerning the employee's request, then the final decision whether to exempt the employee will be made by the Branch Chief.