August 11, 2010
NTEU Wins Key Step Against Unfair Scheduling
The Federal Labor Relations Authority (FLRA) has upheld an NTEU arbitration victory challenging the legality of CBP’s implementation of its Revised National Inspectional Assignment Policy (RNIAP). The impact could be far-reaching, since the decision affects all local changes in assignment and overtime procedures going back a number of years.
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Under RNIAP, which legacy Customs unilaterally implemented late in 2001, the agency would no longer bargain with NTEU at the national level over local changes in these important areas.
An arbitrator, acting on a grievance filed by NTEU, later ruled that the unilateral implementation of changes violated federal labor law by failing to provide NTEU with notice and an opportunity to negotiate local assignment policy changes at the national level.
Under a later arbitration decision dealing with the appropriate remedy for that violation, CBP was ordered to rescind all the changes implemented under RNIAP from November 2004—six months prior to the filing of the grievance—to the present time; provide NTEU with records of such changes so that it can be determined to what extent employees were adversely affected by the illegal changes, and bargain such changes in the future. The FLRA now has dismissed CBP exceptions to those rulings and given NTEU the opportunity to make a case for back pay for employees harmed by the agency’s illegal actions. NTEU has already contacted CBP about implementing the ordered remedies in this case.
Because the issue at hand is an unfair labor practice allegation, CBP has the option of appealing to federal court, a move NTEU hopes the agency will not take. Read more
CBP Proposal Restricts
Bid Opportunities
NTEU will oppose a CBP proposal that would reduce opportunities for employees to advance their careers beyond passenger and cargo processing work.
The standardized bid-and-rotation cycle CBP has proposed for 2011 would severely limit employee movement into and out of highly desirable specialized work units. After using one-year assignment durations for the past two bid-and-rotation cycles, CBP wants to set a three-year duration in the work units PERT/CTR, PAU/TAG and Training.
CBP is advancing this proposal despite NTEU-negotiated language setting a one-year assignment duration for all CBP units except when assignments require specialized training or CBP to invest a significant amount of time or money.
NTEU will soon submit comments on the proposal.
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NTEU Wins Protections During
Suitability Investigations
NTEU has reached an agreement with CBP that addresses many of the union's concerns about suitability investigations. NTEU forced the agency to the bargaining table after informal attempts failed to get the Office of Internal Affairs (IA) in line with its legal responsibilities.
The agreement requires the IA, when issuing a notice of proposed action, to inform employees of their right to union representation. If an employee designates NTEU as his or her representative, the IA must provide all correspondence to both the NTEU representative and the employee. NTEU will be notified of and participate in all meetings and discussions between the employee and IA.
NTEU has also won provisions acknowledging its right to receive information relevant to the investigation from CBP under federal labor law or request the information under the Freedom of Information Act. The employee’s 30-day written response period does not begin until the requested information is provided.
In order to benefit from these provisions, the employee being investigated must give IA a written and signed Designation of Representative form stating that NTEU is the employee’s representative. Contact your NTEU representative with questions.
Chapter Remembers Fallen Colleague,
Helps Arrange Reward
After the tragic off-duty murder of a fellow CBP Officer in June, members of NTEU Chapter 153 (JFK) have come together to mourn their friend and do their part to ensure that justice is served.
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At more than 6 feet tall and 250 pounds, Maurice Gordon, 33, was known by co-workers as a gentle giant, and a proud CBP Officer.
“All of JFK CBP is mourning his loss,” said Chapter 153 President Jim Ruoff. “Besides being a generous friend and colleague to all of us, he was a big part of our community and a big part of NTEU at JFK.”
Through discussions with the New York City Police Department (NYPD) spurred by chapter leaders, a $12,000 reward has been offered for information to help identify a suspect in the murder. NYPD is offering $10,000 since Gordon was a fellow law enforcement officer, while $2,000 has been provided by NYPD Crimestoppers.
Chapter 153 also posted a memorial to Gordon, and members have been circulating information about a memorial fund in support of his wife and daughter.
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