December 2, 2011

Arbitrator to Decide on Key Term Contract Disputes

An arbitrator will make a binding decision on the term contract disputes after NTEU and the FDIC failed to reach agreement on several key outstanding issues during mediation.

The Federal Service Impasses Panel had directed NTEU and the FDIC to try mediation, but these efforts proved unsuccessful and an arbitration hearing was concluded on Oct. 6. Both NTEU and the FDIC have filed post-hearing briefs and are now awaiting a decision by the arbitrator.

Compensation Bargaining Update NTEU and the FDIC have reached a tentative agreement on employee pay increases for 2012 and 2013.  Details will be announced after the agreement has been finalized, and NTEU members will have the opportunity to vote on ratification of this agreement.

Here is a look at some of the important issues that will be decided by the arbitrator:

Merit Promotions: NTEU is pressing for:

• language restricting management’s ability to reassign or select an employee from outside the bargaining unit to a bargaining unit position without at least posting the position.
  
  bargaining unit employees to receive first consideration for bargaining unit vacancies.
  
  a requirement that if one candidate is interviewed for a position, all eligible candidates must be interviewed.
  
  continuing the opportunity for employees to request and receive information explaining why they were not selected for a promotion. Employees would also have access to documents and other information relating to the evaluation of their applications.

NTEU is opposing management's proposals to:

• eliminate reference to performance appraisals, awards, education and training from the criteria used to evaluate promotion candidates.
  
  limit the remedy of priority consideration for employees who are improperly omitted from the best qualified list.

Details: The FDIC has proposed a change in the definition of what is considered a detail that would have a significant effect on field examiners. Under management's proposal, supervisors would be free to assign employees anywhere in the entire territory, rather than simply within the area covered by the employee’s assigned field office. Management could do this without having to consider or select from among volunteers, or to rotate these out-of-office assignments. NTEU has strongly opposed this proposal.

Reassignments: NTEU has proposed clarifying the definition of 'reassignments,' as well as the circumstances under which the FDIC must provide advance notice and the opportunity to bargain before reassigning employees.

Grievances: NTEU is pressing for language to address the FDIC's failure to provide relevant information in connection with grievances, and to penalize the agency if it fails to honor its legal obligations.

NTEU will continue to provide updates about term and compensation bargaining. For more information, log in and visit the NTEU FDIC bargaining page.