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Labor-Management Relations: Index of Decisions


FACILITIES


FACILITIES . . . ASSIGNMENT OF SPACE

Social Security Administration, Fort Lauderdale East Field Office, Fort Lauderdale, Florida and Council 220, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 170, March 15, 1999 (Release No. 418).

The AGENCY essentially proposed that--

(1) [T]he multipurpose, or employee break room, be located in interior space and that the stockroom be placed at the rear of building with double doors to the outside; (2) the manager's office be located at the front corner of the office with the window overlooking the front parking lot; and (3) the layout of the reception area follow the existing floor plan, with the reception counter windows placed opposite the front windows, and the public restrooms and private interview room placed on the side, along an interior wall.

The UNION essentially proposed that--

[T]he employee break room be located at the rear of the space with windows installed along the top of the back wall;

[T]he manager's office would be placed 'elsewhere in the interior, allowing more windows and natural light for the common area'; and

As for the reception area, the Employer's proposed layout should be reversed so that the public restrooms and private interview room are located directly opposite the office's front window, and the reception counters and moved to the side.

The PANEL ordered the parties to adopt the AGENCY's final offers.

FACILITIES . . . SIZE OF WOMEN'S LOCKER

Department of the Treasury, Internal Revenue Service, Washington, D.C. and Chapters 65, 83, and 251, National Treasury Employees Union, Case No. 99 FSIP 24, March 16, 1999 (Release No. 418).

The AGENCY proposed to "explore and analyze bench configurations for the [New Carrollton Federal Building] ladies' locker room."

The UNION proposed the following:

The Agency will expand the women's locker room at the New Carrollton Federal Building fitness center by doubling the size of the amount of open space available for changing and doubling the length and width of benches with no reduction in the existing space for showers, toilets, sinks, and the number of lockers.

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

FACILITIES . . . ASSIGNMENT OF SPACE

Department of Commerce, Patent and Trademark Office, Arlington, Virginia and Patent Office Professional Association, Case No. 99 FSIP 15, March 29, 1999 (Release No. 419).

The AGENCY proposed the following:

M141. The Office will use best efforts to place distributed space (e.g., file rooms, pantries, copy rooms, etc.) in interior space.

M3. The Office will use best efforts to maximize the number of private, exterior offices.

The UNION proposed the following:

3b. The Office will use best efforts to maximize the number of private exterior offices. Whenever possible, all bargaining unit professionals of grade GS-14 and above shall be placed in private exterior offices.

M141. The Office will use best efforts to place distributed space (e.g., file rooms, pantries, copy rooms, etc.) in interior spaces.

ARBITRATOR Mary E. Jacksteit ordered the parties to adopt the AGENCY's proposals.

FACILITIES . . . MAINTENANCE

Department of Commerce, Patent and Trademark Office, Arlington, Virginia and Patent Office Professional Association, Case No. 99 FSIP 15, March 29, 1999 (Release No. 419).

The AGENCY proposed the following:

M64a. All painted surfaces in bargaining unit professionals' offices shall be repainted every five years. The schedule of such repainting shall be discussed in the quarterly meetings to be held between the Office of Administrative Services and the unions.

M65a. A joint committee with three representatives each from all three bargaining units and management will be established to recommend three color schemes to be used on alternate floors in the facility for paint, carpet and trim for all private offices and common areas on given floors. There will be a maximum of three color choices in the facility and one color choice per floor.

This committee will report to the Commissioner within 30 days after its first meeting with its recommendation. After reporting, the committee will be disbanded.

The UNION proposed the following:

PLBO 65a. All painted surfaces in bargaining unit professionals' offices shall be repainted every five years subject to the following:

Professionals who are entitled to a private, single occupancy office may refuse painting, except in those rare instances in which the office is so dingy that painting is necessary to maintain an appropriate public image for the PTO. Such dingy offices will be repainted.

PLBO 65b. The PTO will use best efforts to paint rooms at times of organizational moves, so that a professional moving into a room previously used by another will have a freshly painted room. And the painting can be accomplished without an extra pack and unpack cycle. Rooms that look clean need not be repainted.

PLBO 65c. The schedule of painting shall be discussed between the parties to avoid disruptions at times needed for concentration on productivity.

M65a. Same as above in Management proposal.

ARBITRATOR Mary E. Jacksteit ordered the parties to adopt the AGENCY's proposal.

FACILITIES . . . OFFICE EQUIPMENT

Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex Coleman, Coleman, Florida and Local 506, Council of Prison Locals C-33, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 104, September 29, 1999 (Release No. 424.)

The UNION proposed the following:

Unit officers on all shifts will be provided the following in their work area:

A. computer with LAN access;

B. typewriter compatible to the unit secretary;

C. phone with outside line capability.

The AGENCY proposed to "place four computers with LAN access in the staff lounge and provide a typewriter comparable to Unit Secretaries."

The PANEL ordered the parties to adopt the following:

Management shall place two computers with LAN access in a Housing Unit at the medium security facility of the Union's choice. Unless management permits otherwise, the officers assigned to that Housing Unit shall access the computers only during unpaid lunch periods. Management shall also provide all unit officers with access to a typewriter in their work areas comparable to those provided to Unit Secretaries.

FACILITIES . . . OFFICE SPACE

Department of Agriculture, Farm Service Agency, Stark County Office, Dickinson, North Dakota and Local 888, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 125, November 8, 1999 (Release No. 426).

The AGENCY proposed an open office design with no permanent walls between it and the other two agencies that would also occupy the new building.

The UNION proposed that walls be erected to separate the three agencies.

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

FACILITIES . . . OFFICE SPACE

Department of Agriculture, Farm Service Agency, Stark County Office, Dickinson, North Dakota and Local 888, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 125, November 8, 1999 (Release No. 426).

The AGENCY proposed workstations of 64 square feet for each employee, with an additional 61 square feet of circulation area--a total of 125 square feet of work space.

The UNION proposed the following:

Each Technician, Credit Clerk, and Program assistant will be provided a work station of 75 sq. ft. plus a circulation area of 81 sq. ft. for a total allocation of 156 sq. ft.; the 156 sq. ft. area does not include the reception area, the conference room and the storage area; additional work stations will be made available for two temporary employees, one in the form of a 135 sq. ft. private office; in other offices, additional space for temporary employees should be based on past practice of hiring temporary help; where Agriculture Credit is present, an additional office of 135 sq. ft. will be provided; the circulation area in front of offices and around central workstations will be 48 inches wide; interior aisles between workstations will be 36 inches wide (approximately 680 sq. ft.); the reception area will be 250 sq. ft.; storage area of 707 sq. ft.; offices to be provided 50 sq. ft. storage space for each employee (storage space to include all shelves, cabinets, files, safes, copiers, fax machines, and printers); each private office will have a window.

The PANEL ordered the parties to adopt the following:

General office space for bargaining-unit employees shall be approximately 135 sq. ft. which shall include the employee's workstation plus the circulation area surrounding the workstation. Private offices occupied by bargaining-unit employees will have at least one window. The parties will negotiate a final floor plan once the outside dimensions of the building are known, taking into consideration the overall design of the office and additional space requirements (e.g., storage space, reception counter, aisle and corridor width).

FACILITIES . . . FITNESS CENTER . . . FEES; SERVICE

Department of the Treasury, Internal Revenue Service, Washington, D.C. and Chapters 65, 83, and 251, National Treasury Employees Union, Case No. 99 FSIP 24, March 16, 1999 (Release No. 418).

The AGENCY proposed the following:

IRS provides site, utilities, equipment, and equipment maintenance for duration of NORD V -through 6/30/02.

$210,000 annual subsidy for employee memberships for duration of NORD V (7/98-6/30/02). $840,000 total contribution during NORD V.

Employee fee based on difference between actual center costs (excluding rent, utilities, custodial, equipment replacement) and $210,000 annual subsidy divided by number of members.

Any surplus employee fees to be used to reduce future employee fees.

Levels of service will be adjusted to keep fees stable.

Employees will not be charged retroactively for funding shortfalls.

The UNION proposed the following:

1. The Agency will provide fitness center services to [bargaining unit] employees at 1111 Constitution Avenue and New Carrollton Federal Building at no charge to the employees.

2. The Agency will continue to provide fitness center services equal to or better than those enumerated in the Agency's undated statement of work called Agency Submission 2.

Chapters 83 and 251 proposed the following alternative:

While the Union maintains that the services for the above-referenced fitness centers should have continued at no cost to employees, if the FSIP finds that there will be a fee, the following provisions shall apply:

A) The monthly fee charged to employees will not exceed $10 for employees at grades GS-10 and above and will not exceed $5 for employees at grades GS-9 and below. There will be no up-front fee imposed on any employee.

B) The above-referenced rates will be guaranteed for the life of the NORD V agreement, except as increased annually by no more than the annual comparability rate (federal pay raise) under 5 USC 5303(b). E.g., if an employee's monthly fee is $5 and a yearly Federal raise is for an increase of 3 [percent] of salary, the Agency may impose no more than a $0.15 monthly increase for that employee to be added to the rate of $5 for that year.

The PANEL ordered the parties to adopt the following:

The Employer shall provide site, utilities, equipment and equipment maintenance.

Any surplus employee fees will be used to reduce expense to Employer of providing fitness centers.

The Employer will continue to provide fitness center services at levels equal to or better than those enumerated in the statement of work that the Employer provided to Federal Occupational Health Service.

The monthly fee charged to employees will be: $12 for employees at grades GS-11, WG-14, or WL-12 and above; $6 for employees at grades GS-10, WG-13, or WL-11 and below. There will be no up-front fee imposed on any employee.

FACILITIES . . . FITNESS CENTER . . . FEES PAYMENT METHODS

Department of the Treasury, Internal Revenue Service, Washington, D.C. and Chapters 65, 83, and 251, National Treasury Employees Union, Case No. 99 FSIP 24, March 16, 1999 (Release No. 418).

The AGENCY proposed to work with the Federal Occupational Health Service, which operates the fitness center and collects the fees, "to develop as many payment plans as possible."

The UNION proposed the following:

The method of payment for such fees shall at least consist of these options as follows:

1) pay in full by check or money order

2) monthly payment by credit card

3) monthly payment by check or money order

4) internal transfer through Agency credit union with copy of internal transfer as proof of payment

5) payroll allotment through Agency credit union.

The PANEL ordered the parties to adopt the following:

The Employer will make every reasonable effort to get the Federal Occupational Health Service to provide employees the option of as many payment methods as possible. The options sought shall include but not be limited to the following:

1) pay in full by check or money order

2) monthly payment by credit card

3) monthly payment by chick or money order

4) internal transfer through Agency credit union with copy of internal transfer as proof of payment

5) payroll allotment through Agency credit union.

FACILITIES . . . FITNESS CENTER . . . COST OF MEDICAL CERTIFICATION

Department of the Treasury, Internal Revenue Service, Washington, D.C. and Chapters 65, 83, and 251, National Treasury Employees Union, Case No. 99 FSIP 24, March 16, 1999 (Release No. 418).

The AGENCY proposed to establish a multi-level medical screening process--no screening, mini-screening, comprehensive screening--for employees to join the fitness center.

The UNION proposed the following:

The Agency will not require medical certification for employees as a condition for using the fitness centers. If the [Federal Service Impasses Panel] determines that medical certification is necessary, the Agency will either provide the services for obtaining such medical certification at no cost to the employee or the Agency will reimburse employees for incurring expenses in obtaining such medical certification if the Agency does not provide that service.

Employees who have incurred costs in securing a medical certification will be reimbursed in full by the Agency.

The PANEL ordered the parties to adopt the following:

Application procedures for membership in the fitness center will establish a multi-level screening procedure. Members may choose one of the following options:

Comprehensive Screening--includes an extensive health questionnaire and blood tests for cholesterol and glucose; medical clearance by personal physician may be recommended. Once full clearance is given, fitness center staff will, upon request, design an exercise program tailored to individual needs and physical condition. Pending full clearance, member may exercise at low-moderate levels. Member assumes risks of injury resulting from failure to disclose accurate, complete, and updated information.

Mini-screening--includes a brief questionnaire, but no blood tests; medical clearance by personal physician may be recommended. Under this option, member will be cleared for only low-moderate levels of exercise and fitness center staff will, upon request, design an exercise program within that parameter that is tailored to individual needs and physical condition. Member assumes risks or injury from failure to disclose accurate and complete information or obtain recommended medical clearance from a physician.

No screening--no questionnaire or blood tests required. Member assumes all risk for cardiac and musculoskeletal injury due to stress of exercise. Member is free to exercise at any level; however, fitness center will not assist member by designing an individual exercise program.

FACILITIES . . . SEPARATION WALL

Social Security Administration, Ventura Field Office, Ventura, California and Local 2452, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 142, December 16, 1999 (Release No. 427).

The UNION proposed that the agency install a wall to separate the front-end interviewing area from the employee work area--"a wall that would run from the reception area wall to the outer end of the supervisory module."

The AGENCY proposed that there be no changes in the front-end interviewing work area.

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

FACILITIES . . . PRIVACY WALL

Social Security Administration, Ventura Field Office, Ventura, California and Local 2452, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 142, December 16, 1999 (Release No. 427).

The UNION proposed that the agency install "a solid floor-to-ceiling privacy wall behind the service representative reception desk."

The AGENCY proposed that there be no changes in the service representative reception desk area.

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

FACILITIES . . . EXCLUSIVE USE OF EMPLOYEE RESTROOM

Social Security Administration, Ventura Field Office, Ventura, California and Local 2452, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 142, December 16, 1999 (Release No. 427).

The UNION proposed that managers escort claimants in wheelchairs to and from employee restrooms when public restrooms do not meet their needs.

The AGENCY proposed that claimants in wheelchairs be escorted to and from employee restrooms when public restrooms do not meet their needs, but did not specify which employees were to act as escorts.

The PANEL ordered the parties to adopt the following:

The Agency will continue to provide separate restrooms for the exclusive use of employees with one exception. SSA clients in wheelchairs will be permitted to use the employee restrooms if they are unable to use the public restrooms. In the event that a wheelchair client needs to use the employee facility, management will provide immediate notice to all employees. The client will be escorted to and from the employee restroom. If weather permits, the wheelchair client will be escorted through the courtyard to the restroom. This provision does not set a precedent for other SSA facilities and it does not set a precedent for other lease compliance issues.

FACILITIES . . . TRAINING ROOM

Social Security Administration, Ventura Field Office, Ventura, California and Local 2452, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 142, December 16, 1999 (Release No. 427).

The UNION proposed that the renovated training room meet all health and safety requirements and is a comfortable setting for training.

The AGENCY proposed that the health and safety language in the Unions proposal is unnecessary because the master collective bargaining agreement already contains health and safety provisions.

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

FACILITIES . . . OFFICE SELECTION PROCEDURE

Federal Deposit Insurance Corporation Headquarters, Washington, D.C. and Chapter 207, National Treasury Employees Union, Case No. 99 FSIP 158, December 20, 1999 (Release No. 427).

The AGENCY proposed, as a pilot program, that employees select offices by grade--from highest to lowest, and that ties be broken "by seniority in grade, then seniority in the Agency (including cumulative service in the FDIC, RTC, and the FSLIC), and finally seniority in the 'work unit.'"

The UNION proposed that the parties conduct a survey of all bargaining unit employees asking them which office selection procedure they prefer, the Agency's proposed change or the status quo where employees select offices based upon grade and seniority within a work unit. The parties would implement the procedure favored by a simple majority of the respondents to the survey.

ARBITRATOR Marvin E. Johnson ordered the parties to adopt the UNION's last best offer, i.e., "they shall continue to utilize the current procedure until the survey is conducted and the results obtained."

 

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