Union Corner:
Local Chapter Ratifies FDA Contract
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By Bob Young
This article is a continuation of last month’s on contract provisions that may have an immediate impact on employees.
Investigatory Interviews
Before an investigatory interview begins, affected employees will be told the purpose and nature of the interview in detail sufficient to allow them to determine whether they want a union representative to be present to assist. Employees must reasonably believe that the examination may result in disciplinary action to invoke the right to a representative.
The representative may clarify questions, clarify answers, assist an employee in providing favorable or extenuating facts, identify other employees who have knowledge of relevant facts, request a caucus and advise an employee during the examination. The contract restricts the investigative interview solely to matters of official interest and private matters outside the scope of the investigation are excluded.
Office Searches
There will be no intrusive searches unless there is a legitimate, work-related basis for them. The employer will notify employees in advance of searches of non-electronic equipment and work spaces and will give employees time to arrange to have a union representative or other employee witness the search if they so wish.
Contacting a Union Representative
A supervisor cannot require an employee to explain the specific circumstances surrounding the need to contact a union representative.
In obtaining permission to leave the work site, an employee need only explain the general nature of the visit. The amount of time granted must be reasonable. The meeting will be scheduled for a time such that the employee’s absence will not create a “severe workload problem.” Examples of a severe workload problem include the inability to complete a specific or previously assigned work project, which must be completed during the period of time in question, or a lack of office coverage in the employee’s absence. This is a standard used repeatedly in many other situations, such as a decision to disapprove annual leave. Only in the most unusual circumstances will the delay exceed one workday.
Annual Leave
Requests for annual leave are to be approved unless they create a severe workload problem. Requests are to be approved “expeditiously” after receipt, that is, within days. The only variation is for leave of a week or more or leave around a holiday. These requests should be made in advance. Requests submitted by Jan. 1 for leave falling in May through November will be considered and acted upon within five days of Jan. 1. The similar deadline for leave falling in December through April is July 1.
Requests made after Jan. 1 or July 1 will be approved if they do not create a severe workload problem. The next deadline will be Jan. 1 for the time period May through November 2000.
If there is a conflict that results in the denial of an employee’s request, the employee may use seniority to obtain approval once during the year or until each employee has exercised his or her seniority rights in that year.
Overtime
Overtime will be distributed fairly and equitably. A determination as to who is qualified to perform overtime work will be based on the nature of the work; employee knowledge, skills and abilities; and the cost effectiveness of using particular employees. Volunteers from the qualified group will first be solicited. If there are more or fewer volunteers than work requires, the employees will attempt to allocate the work among themselves. Failing that, work assignments will be made in order of descending seniority when there is an excess of volunteers. If there are no or fewer than a sufficient number of volunteers, work assignments will be made in order of ascending seniority. Assigned employees will be excused if they can find a qualified replacement.
Honor Awards
Awards will be made in a fair and equitable manner. Honor award committees will include union representatives.
Cash Awards
Each year, a bargaining unit employee awards pool will be created based on a percentage of bargaining unit salaries. Any employee may nominate any employee for an award recognizing achievements. Joint labor-management awards committees will be created to determine the use of informal recognition items and to review nominations for awards and approve awards. Committees will meet quarterly to make recommendations. Recommendations will be reached by consensus and favorable decisions will be forwarded to the official with approval authority. If that person modifies or rejects a recommendation, her or she will inform the committee in writing of the action. When no consensus is reached, a nomination will be forwarded to the approving official for final decision.
Reassignments
FDA has the right to reassign employees solely to accomplish the Agency’s mission. Consequently reassignments will be based on a good faith determination based on legitimate management considerations. When a decision is made to fill a position through reassignment, FDA will make the opportunity known to qualified employees at least three days in advance through the e-mail system. Employees in identical positions with the same title, series, grade and qualifying experience may swap positions so long as FDA does not have just cause to bar the swap. Circumstances permitting, FDA will give at least two week’s notice to an employee who is going to be reassigned.
Robert Young is president of the local.