November 2009 Telework Arbitration Win, Telework is a right! - Calling it a "Valentine’s Day massacre," an arbitrator has overruled Management’s unilateral modification of telework schedules in the Indianapolis Office of Housing. The director, Eileen Mitcheltree, advised employees that she was "reassessing" approved telework agreements in September 2007. The arbitrator found that no actual reassessment was done. Rather, Director Mitcheltree rewrote all of the telework agreements, limiting employees to no more than one day telework per week, and advised employees on February 14 to accept the new agreement, or forfeit all telework. Arbitrator William Slonaker found, "Management’s attempt to force the employees into the appearance of acting “voluntarily” was fallacious, arbitrary and capricious."
Finding that "telework is more than a privilege, it is an important right, provided by and subject to the terms of Supplement 3," Arbitrator Slonaker observed,
It was clear from the testimony that Management considers teleworking as a privilege, not a right. While that may be accurate in a non-organized workplace, here Management’s characterization of teleworking as an optional privilege, impliedly to be dispensed at Management’s whim, is erroneous. Management’s attitude seems to have been that the employees should be thankful for any bit of teleworking Management might choose to give them. To accept Management’s characterization would imply that every provision of the Parties’ entire Agreement is optional, as though Management is being magnanimous when following any provision.
Management has appealed the decision to the Federal Labor Relations Authority, and the Council will continue to fight for implementation of this arbitration decision.
We are grateful to the Indianapolis employees who were willing to file grievances and insist upon their rights under the HUD/AFGE Agreement. We also congratulate Local President Robert Castillo and Council Chief Steward Perry Casper for their fine work in presenting this case through arbitration. Click here to read the entire decision issued November 9, 2009.
11/10/09 - Council 222 signs H1N1 Agreement. Council 222 Pandemic Chief Negotiator Tim Oravec signed off on a 2009-2010 H1N1 Health Emergency Memorandum of Agreement. The scope of this agreement is the impact and implementation of Deputy Secretary Ron Sims' 8/31/09 memo to all employees. The Dep Sec memo provided interim guidance for 2009-H1N1 Pandemic Influenza Mitigation. One of the key components of this new agreement involves increasing the use of telework for eligible employees affected by the H1N1 emergency. This agreement is in effect now, please review it! H1N1 Memorandum of Agreement | Dep Sec 8/31/09 memo | Supplement 99
FYI - Supplement 99 was negotiated in 2008. To view all documents pertaining to Supplement 99 click on the bargaining page and then the 2008 bargaining tab. All Supplements, Memorandum of Understanding and Memorandum of Agreement documents are also on the contract supplements page.
Effective Workplace - On October 23 Russell Varnado, Council 222 President, sent an email to Deputy Secretary Sims referencing
HUD's Strategic Plan and the Families and Work Institute report on elements of an effective workplace. The Families and Work Institute recently issued a report on what are the elements of an effective workplace.
The Institute is a mainstream organization, sponsored by corporations such as Johnson & Johnson,
Verizon, Chevron, GlaxoSmithCline, and the United States Navy. The Institute identified six criteria for
effective workplaces:
|
Job Challenge and Learning -My job lets me use my skills/abilities. -The work I do is meaningful to me. -My job requires that I be creative. -I get to do different things on my job. -My job requires I keep learning new things. |
Supervisor Task Support -My supersivor is supportive when I have a work problem. -My supervisor recognizes when I do a good job. -My supervisor keeps me informed of things I need to know to do my job well. |
| Climate of Respect and Trust -I trust what our managers say. -My mgrs deal ethically with employees & clients. -My mgrs seek info & new ideas from employees. |
Autonomy -I have a lot of say about what happens on my job. -I have the freedom to decide what I do on my job. -I can be myself on my job. |
| Work-Life Fit -My supervisor cares about the effect of work on my personal and family life. -My supervisor is responsive when I have personal/family business. -I have the co-worker support I need to successfully manage my work & family life. -I have the schedule flexibility I need to successfully manage my work/family life. -My work schedule/shift meets my needs. |
Economy Security -I am satisfied with my earnings from my job. -I am satisfied with my benefits from my job. -I am satisfied with my opportunities for career advancement. |
After surveying approximately 3000 employees, the Institute found a strong relationship between "effective" workplaces and employees who were highly engaged, satisfied and planning to remain with the organization. Effective workplaces "are in a better position to achieve important business goals and objectives than organizations whose workforce is disengaged, dissatisfied and likely to look for new jobs elsewhere" the Institute reports.
The Council agrees with the Institute that "to be truly effective, a workplace - its design, practices and policies - must benefit both the organization and its employees." Making changes at the local level that foster effective workplaces don´t require a mandate from headquarters or special requisitions of money. Managers and supervisors can pursue effective workplaces right now. We welcome the opportunity to work with management towards a truly effective HUD.
To read the report or take a short quiz to rate the effectiveness of your workplace, go to: www.familiesandwork.org
The Department of Labor June 2, 2006 Final Rule requires labor organizations subject to the Civil Service Reform Act of 1978, the Foreign Service Act of 1980 and the Congressional Accountability Act of 1995 to periodically inform their members of their rights as union members. The Final Rule will help ensure that federal union members are given basic understanding of: 1) rights as union members; 2) responsibilities of union officers.
Civil Service Reform Act of 1978 (CSRA) - The standards of conduct provisions in this Act, among other statutes, guarantee certain rights to members of unions representing Federal employees and impose certain responsibilities on officers of these unions.
read about the CSRA >
DOL 06/02/06 Federal Register Final Rule | DOL Fact Sheet | Council 222 Constitution/ByLaws
Foreign Service Act of 1980 | Congressional Accountability Act of 1995
