COMPENSATION . . . FOOTWEAR ALLOWANCE

Department of Justice, Federal Bureau of Prisons, Metropolitan Detention Center, Los Angeles, California and Local 4038, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 11, February 9, 1999 (Release No. 417).

The UNION proposed the following:

In regard to the notification process, . . . Local 4038 agree[s] that [the] staff shall be notified of their entitlement to safety-toed shoes as a result of working in foot hazard areas. The allocation of money direct[ly] deposited to the employee's account is for the purpose of purchasing safety-toed shoes. It is expected and required that each employee working in a foot hazard area wear safety-toed shoes.

The AGENCY proposed the following:

As a result of the agency's requirement to purchase safety-toed footwear, employees will be required to provide a receipt for proof of purchase. Any allotted money not spent on safety[-]toed footwear will be refunded to the U.S. Treasury Department.

Eligible staff may waive any safety-toed footwear allotment.

It is the responsibility of all eligible uniformed staff to submit an acknowledgment form for his/her safety-toed footwear to the Financial Management Department. (This form will be forwarded to each eligible employee by Financial Management staff one month prior to their eligibility date.)

Eligible staff must purchase safety-toes footwear within 60 days of disbursement and provide proof of purchase to the Financial Management department. (Eligible uniformed staff who are unable to make the request to the Financial Management department due to illness or extended leave will not lose their allotment.)

ARBITRATOR Bonnie P. Castrey ordered the parties to adopt the following compromise language:

Eligible employees assigned to designated foot hazard areas shall be notified by management of their initial entitlement to an allowance for two pairs of shoes, and their subsequent entitlement to an allowance for one pair of shoes every [nine] months.

Eligible employees must then request the allowance by submitting an acknowledgment form which, in addition to employee identifying data, includes the statement: "I acknowledge that I am receiving an allocation for the purchase of safety-toed shoes as provided in Article 28, section (g), of the Master Agreement which I am required to wear in designated foot hazard areas." This form will be forwarded to each eligible employee by management [one] month prior to their allowance eligibility date. Eligible employees who are unable to make the request to management due to illness or extended leave will not lose their allotment.

The eligible employee must purchase the safety shoes within 60 days of receipt of the allocation by direct deposit to the employee's bank account.

COMPENSATION . . . LODGING AND PER DIEM

Federal Deposit Insurance Corporation, East Hartford, Connecticut and Chapter 241, National Treasury Employees Union, Case No. 99 FSIP 13, March 11, 1999 (Release No. 418).

The UNION proposed that the Federal Deposit Insurance Corporation (AGENCY) continue the same "stay-out" rule for affected employees of Middletown, Connecticut whose Defined Commutable Area changed when the Middletown Field Office closed and the employees were reassigned to the East Hartford Field Office.

The AGENCY proposed the following:

The "stay-out" rule will be preserved to be the "stay-out" rule distance in effect for each employee prior to the move of the Middletown Field Office to East Hartford, Connecticut, for employees who were within 30 air miles of the Middletown Field Office and are now more than 30 air miles from the East Hartford Field [O]ffice. The 30 air miles stay-out rule, from their residence, shall be effective only for so long as the employee remains in his or her present residence. The rule will not apply to travel to the East Hartford Field Office. The "stay-out" rule for Jennifer Bain will be preserved to be the "stay-out" rule distance in effect for her prior to the move to the Middletown Field [O]ffice to East Hartford, Connecticut, so long as she remains in her present residence, except the rule will not apply for travel to the East Hartford Field Office.

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

COMPENSATION . . . PAY WHILE IN A TRAVEL STATUS

Department of Agriculture, Plum Island Animal and Disease Control Laboratory, Greenport, New York and Local 1940, American Federation of Government Employees, AFL-CIO, Case No. 99 FSIP 4, March 10, 1999 (Release No. 418).

The UNION proposed the following:

Where employees are required to report to an assembly or rally point proceeding on Employer-provided transportation to the work site, their workday shall begin and end when they report to such point at the beginning of their workday and are returned to that same assembly or rally point.

The AGENCY proposed that the status quo be maintained, i.e., employees are paid for the time they spend on the ferry boat traveling to Plum Island. For the return trip home, however, they are not compensated for travel time on the ferry boats.

The PANEL ordered the UNION to withdraw its proposal.