AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
Mr. Francis P. Summers
SUBJECT: Institutional Grievance on Assignment Code 236 and 380 Policy
In accordance with Collective Bargaining Agreement (CBA) section 27.15, the Union files an Institutional Grievance for at least the following violations of the CBA, law and/or side agreements:
CBA Article 3:
This article states, in part, "The Employer and Union, through their own authorized and designated representatives, shall meet at reasonable times and negotiate in good faith with respect to conditions of employment".
The employer violated this section by implementing a new policy on the use of 236 and 280 code assignments without negotiating with the Union over the change. The Employer has mandated a maximum number of hours employees may change to these assignments. Heretofore, there was no such limitation.
CBA Section 8.01:
This section states, in part:
"Before the Employer implements new or revised personnel policies, practices and procedures in the Central Region, the Union will have the opportunity to negotiate, provided the new conditions of employment or changes thereto are not mandated by law or by an Agency regulation for which there is a compelling need. A copy of new or changed language concerning policies, practices, or procedures will be sent to the Union President, or his designee, so that it will arrive thirty (30) calendar days prior to implementation."
The employer violated this section by implementing a new policy of the use of 236 and 280 code assignments without negotiating with the Union over the change.
5 U.S.C. 7116 (a) 1 & 5:
The Employer violated this law by:
1. Unilaterally implementing the change in policy regarding the 236 and 280 code assignments without proper notice to the Union.
1. The Employer will immediately rescind its new policy on 236 and 280 code assignments and return to the status quo ante position with regard to the assignment codes.
Raymond E. Downey
AFGE Local 3529
I certify I sent this letter by regular mail, by electronic mail with return receipt requested, and by fax to (972) 714-4670 on this day June 29, 2001.
Raymond E. Downey