Union Corner:
Contract Preview
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By Bob Young
By law, only bargaining unit employees are covered by the contract. Members of the Commissioned Corps, supervisors and managers are not covered. They have no rights, benefits, duties or responsibilities under the contract. Here are a few contract provisions which may have major consequences for you on the effective date of the contract or which might profit from prior preparation:
- Transit subsidies. Public transportation subsidies for bargaining unit employees will be available up to $65 per month actual cost beginning Oct. 1. If the program is not implemented by then, subsidies will be retroactive to that date.
- Employee rights. When there will be more than one representative of the Agency at a bargaining unit employee counseling session, the employee may request a union representative to accompany him or her. Employer representatives include supervisors, managers and employee and labor relation specialists.
- Details. Bargaining unit employees detailed to a higher graded position for more than 30 days will be temporarily promoted. Merit promotion procedures will apply to details over 120 days.
- Travel. Meetings controlled by FDA will be scheduled so that bargaining unit employees are not required to travel during non-work time.
- Leave. If a supervisor rescinds previously approved annual leave, bargaining unit employees can be reimbursed for funds already advanced and not refundable, such as unrefundable airline tickets, cruise deposits or hotel deposits.
Employee Rights
The professional differences of opinion of bargaining unit employees will be protected under the contract.
- A bargaining unit employee who disagrees professionally with an action the Agency is taking and would ordinarily be asked to concur in the action, may decline to concur.
- A bargaining unit employee who has a professional difference of opinion can ask that the difference be documented in the administrative file and may ask for Agency review of the difference up to the commissioner.
- If a person outside the Agency has a professional difference of opinion and requests review of an FDA bargaining unit employees’ decision, finding or recommendation, the FDA employee will be told where to find the outside request for review. At the bargaining unit employee’s option, the employee may then proceed as above. Magic words are not required to request a review. Complaints, for example, either in writing or oral and reduced to writing will be treated as requests for review.
- There will be no reprisals against bargaining unit employees who exercise their rights in accordance with this article.
The above procedures are consistent with and mandated in large part by FDA regulations.
Peer Review
The Agency will administer peer review programs. The following procedures and rights are superimposed on all peer review programs:
- So long as a bargaining unit employee has the minimum qualifications necessary to be peer reviewed, he or she can self-nominate. Supervisory concurrence or approval will no longer be necessary.
- A bargaining unit employee may nominate up to three members for a peer review committee. Absent just cause, at least one nominee will be appointed to the committee so long as he or she is a qualified and appropriate peer.
- A bargaining unit employee must submit the documents required, but may submit additional material, within reason, for the committee to consider.
- A bargaining unit employee will be given an opportunity to appear before the committee to answer questions and make summary statements.
- A record will be kept of the proceedings, and it will show, among other things, how the bargaining unit employee’s activities measured up to qualification standards and factors.
- Bargaining unit employees whose work is successfully peer reviewed will be promoted in a timely manner.
Committees
Bargaining unit employees will be needed to serve on the many labor-management committees that the contract creates. Most of the committees will be formed at the various levels of organization, from the FDA nationwide level down to appropriate local levels such as divisions, branches and teams. Among these committees will be partnership committees, award committees, parking committee, health and safety committees, alternative work schedule committees and flexible work place committees. Official time will be available for those bargaining unit employees serving on committees. Appointment to committees will be made by the chapter. Ordinarily, only chapter members will be appointed.
Robert Young, M.D., Ph.D., is president of the local chapter of NTEU.