GRIEVANCE QUIZ: ALMOST PERFECT EXCEPT FOR …
Below is a hypothetical grievance inspired by one that actually went to arbitration and FLRA. The union lost on a technicality in both forums. See if you can spot the error before we reveal the answer.
TO: Station 12 Director
RE: Grievance
The agency has had a practice of allowing up to 2/3’s of the Customer Service Reps to take annual leave on the day before and day after a federal holiday. This practice has been in place for six years beginning with a memo you issued to your managers in 2012. However, a week ago the agency announced it would no longer allow more than 1/3 of the employees to take annual leave before or after next month’s July 4th holiday or subsequent federal holidays. When our union Chief Steward sent your Labor Relations Officer an e-mail asking “to negotiate over the number of employees who will be allowed to use leave around holidays” and that the agency delay implementing the change until those negotiations are concluded, the agency refused and implemented the change.
This violates Article 4 of our collective bargaining agreement which requires advance notice of and an opportunity to bargain over changes. It also violates 5 USC 7116(a)(1 and 5), the statutory obligation to bargain.
The union asks that the agency reinstitute the 2/3s practice and make whole any harmed employees, including the grant of attorney fees if back pay is awarded.
/s/ Sammy Gompers, Steward Continue reading →