UP- DATE ON NTEU ISSUES
MAY 2005
March of 2004 - 10 grievances filed on behalf of Chapter 274 members and 1 class action grievance.
April – 2004 - Because of management’s reluctance to furnish the requested information the chapter filed an Unfair Labor Practice (ULP) on April 2, 2004, against the FDIC citing violations of the 5 USC 7115. One of the first tasks the stewards complete to prepare for the impending grievance hearings is the filing an information request for documents necessary to prepare the grievance. In our initial and subsequent information requests, we asked for the nomination forms for all of CSA recipients in the Kansas City Region as well as copies of CSA nomination forms for the Grievant’s, if nominated, but did not receive the award. Management denied each request. In late October they agreed to supply copies of the nomination forms for the award recipients in the Grievant’s field office, but only as a settlement remedy for the Unfair Labor Practice the chapter filed in April over this issue. The chapter felt because the nominees were approved at the Regional level each CSA recipient was competing against all similar employees in the region not their specific field office territory. Not receiving all regional nomination forms hindered our efforts to prepare and defend our grievance. The chapter also felt we had submitted sufficient justification for receipt of those forms in our information requests.
The chapter proceeded without receiving the nomination forms requested. The grievances worked through Steps 2, 3, & 4 of grievance process concluding July. In each step the Grievant’s were denied relief.
August 2004 -- The remaining 10 cases were invoked for arbitration. NTEU files a National Grievance against the FDIC on August 4, alleging violations of federal law, Compensation Contract, and the Corporate Success Award Memorandum of Understanding between NTEU and FDIC for the 2003 CSA award year. There has not been a settlement or decision made on this grievance as of May 25, 2005.
November 2004 – The Unfair Labor Practice hearing was held in Kansas City on November 11, 2004. As of May 25, 2005, a decision on the ULP has not been received by the chapter.
December 2004 – NTEU and FDIC choose arbitrators to hear the 2003 CSA grievances. Hearings on the 10 grievances invoked for arbitration scheduled to begin in February 2005.
January 2005 – 15 grievances and information requests are filed for the 2004 CSA award year.
February 2005 – Arbitrations on the 2003 CSA’s begin. Four arbitrations are heard in February, two in March, and two in April. Two Grievant’s cancelled prior to their respective hearings. Grievance hearings for the 2004 CSA begin. The second National grievance is filed by NTEU again alleging violations of federal law, Compensation Contract, and the Corporate Success Award Memorandum of Understanding between NTEU and FDIC. This grievance covers the awards granted in 2004.
No settlement or decision has been made on either their 2003 or 2004 grievances. NTEU files National Grievance alleging FDIC has improperly calculated locality pay. NTEU seeks back pay, plus interest, retroactive to Pay Period 1, 2005. The grievance was filed February 15 and as of May 20 a decision has not been rendered.
March 2005 – NTEU files notice with the FDIC to reopen negotiations on the Compensation Agreement and submits proposed bargaining ground rules.
April 2005 – Arbitrations on the 2003 CSA grievances conclude. Grievances on the 2004 CSA’s continue. Most of the 13 remaining grievances are at the Step 3 level. NTEU and FDIC exchange proposals on the Mid-term Collective Bargaining Agreement.
May 2005 -- Briefs on the 2003 CSA arbitrations are filed by NTEU and FDIC. The first of the briefs are due May 20 and are staggered in two-week increments with the final brief due in October. Sixty days after receipt of the brief(s) the arbitrator’s decision should be received. We expect the first decision to be received in July and the final arbitration decision should be received no later than November 2005. Unless violations of law are found by the arbitrators their decision is final and cannot be appealed by either party.
The 2004 CSA grievances are at the Step 4 level. On May 16, FDIC requests a 30-day extension on the Step 4 grievances. Grievant’s have not authorized the extension as of May 25th.