Say goodbye to the late '90s. National Treasury Employees Union Chapter 280 recently went live with a modern, updated website using the Squarespace.com platform. The website includes a blog, officer biographies, contact information, and a document repository of information relevant to members and managers alike.

 

Chapter President Diane Lynne noted that “launching this new website is a huge accomplishment, enabling us to more easily disseminate information to our bargaining unit at EPA and engage our membership in the workplace issues that we champion for them every day.”

The website is connected to each of the chapter's social media pages including Twitter. Soon it will be connected to the chapter Facebook page as well.

 

"We're thrilled to be able to offer this new home on the web to our members," said Joe Edgell, Senior Vice-President for the Chapter. As the person responsible for chapter communications, Joe was tasked with creating the site. "We couldn't be where we are today without the help of those who built the old site, and Anne Pastorkovich, my predecessor, who set up our blog and social media accounts."

The NTEU Chapter 280 website can be accessed at both nteu280.org and nteu280.com. We hope to keep the website updated with the latest information, so check back regularly.

Please note that this blogging platform is being discontinued with this final post.  Please visit our new blog page at our new website for the latest news on Chapter 280.

2015 Summer Membership Drive

NTEU Chapter 280 is starting the 2015 Summer Membership Drive from June 1^st to September 1^st, 2015 to bring new members into NTEU.  Our goal is to sign at least 25 new members by the end of this membership drive.

 

As an incentive to help achieve our goal, we are offering $100.00 to each new member recruited between June 1^st and September 1^st, 2015.  In addition, each member who recruits a new member, receives a dues rebate of $50.00 as well.  Just let the new member complete and sign an SF-1187 form, put your name and address on the form, mail, fax, or hand deliver the form to me and you will receive a check for $50.00 by mail after the new member’s name is added to the payroll list of NTEU members. 

 

Please remember that our strength is in our numbers.  More members equate to a more diverse, robust and influential union with the resources necessary to further our mission and to promote our goals.  With everyone’s help and participation, we’re sure to make this campaign a great success.  Thank you in advance for your support of this important project.

The Fair Labor Standards Act (FLSA) and Unpaid Overtime

Several of our members have inquired about the AFGE settlement with EPA regarding unpaid overtime.  NTEU280 was not a party to this lawsuit or to the settlement.  Therefore, we cannot answer questions about the details of the lawsuit or its settlement, and  we will refer all interested parties to AFGE for further information. 

 

It is our chapter's understanding that AFGE sued EPA for unpaid overtime for their bargaining unit employees who should have been covered by the Fair Labor Standards Act (FLSA), including those who were incorrectly classified as FLSA-exempt by the agency.  It is also our chapter's understanding that the FLSA status of these employees has been corrected and that many employees will be receiving payment for uncompensated overtime they have already worked and for which they are entitled to compensation. 

FLSA-covered employees are generally employees who are in non-professional titles such as environmental protection specialist, management analyst, program analyst, secretary, etc.  Those in professional job titles such as attorney, scientist, engineer, economist, statistician, accountant, etc. are generally FLSA-exempt employees.  Therefore, NTEU280 bargaining unit employees are generally FLSA-exempt employees. 

 

Although FLSA-exempt, employees in the NTEU280 bargaining unit are still entitled to compensation for overtime work – specifically, under the Federal Employee Pay Act, professional employees are entitled to either our regular pay rate for overtime or compensatory time off.  Our employees are not entitled to the same overtime as FLSA-covered employees, who are typically entitled to 1.5 times their regular rate of pay.  Also, FLSA-exempt employees’ overtime must be officially ordered or approved; whereas FLSA-covered employees’ overtime may include work that is “suffered and permitted.” 

 

And there is an additional wrinkle:  whether an employee is covered by FLSA is driven by the individual’s actual duties, among other factors.  Although NTEU280 bargaining units employees are in professional titles that are generally FLSA-exempt, this may not be true of each and every individual.  FLSA status may be challenged on an individual employee basis.  For example:  An individual in a professional title (e.g., economist) who actually performs mostly non-professional duties (e.g.,  duties of a program analyst) may challenge his or her FLSA status.  If such a challenge is made, there is some risk that,  if management determines that enough of the duties are no longer professional duties, the employee's job title might be changed to a non-professional title. 

 

 

 

Reminder: Winter Warm-Up Membership Drive Extended to March 5th

The NTEU280 winter “Warm-Up Membership Drive” has been extended until midnight, March 5, 2015.  For each new member you bring into the Union, you get a $50 dues rebate and the new member gets $100 back. 

 

Your Right to Union Representation During an Investigatory Interview (Weingarten Rights)

Several members have asked for clarification regarding management’s recent mass mailer regarding Weingarten rights (the notice was sent February 10, 2015 at 12:09 p.m. with the subject “Annual Weingarten Right Notice to Bargaining Unit Employees”).  Since management gave only the basic annual notice required by law, we are providing additional information. 

 If you find yourself summoned to an investigatory interview, then you should exercise your Weingarten rights and immediately request union representation.  It is up to you to request a union representative.  Do not wait for management or whomever is questioning you to ask if you want a union representative.  

 

·        What is an investigatory interview?  An investigatory interview happens when 1) any representative of the agency questions you and 2) you reasonably believe that discipline or some other adverse consequence could result.   Note that meetings where management only wants to discuss your performance or work assignments do not typically trigger Weingarten rights. 

 

·        Who is a representative of the agency?  A representative of the agency is anyone acting on behalf of the agency and typically includes: your supervisor or someone else in management, representatives from labor and employee relations (LER) or human resources (HR), or an investigator from the Office of the Inspector General (OIG).  Other people may be acting as representatives of the agency, as well. 

 

·        Why are they called Weingarten rights?  Weingarten comes from the name of the case that established an employee’s right to have a union representative present when being questioned by management about potential misconduct, if the employee requests union representation.

 

The following helpful information is excerpted from NTEU National’s website (www.nteu.org): 

 

Interview Request? Call NTEU First

Federal employees are a scrutinized bunch. They are poked and prodded and sometimes, investigated. If you get summoned to an investigatory interview, even if you are not the focus of the investigation, here is some good advice: contact your local NTEU chapter. It is an important step for two reasons: one, employees generally do not get union representation during such interviews unless they ask for it; and, second, interview requests can come from a number of sources, not all of which are required to notify NTEU of an upcoming interview. Under federal labor law, you have the right to be represented during any interview you reasonably believe could result in discipline—but you have to ask for representation. That is why the first step you should take is to inform NTEU that you have been scheduled for an interview, whether or not you are the principal subject of the interview. Your right to representation is named for the 1975 Supreme Court case that gave rise to it. They are your ‘Weingarten rights.’ That was a private sector legal case, but when the 1978 Civil Service Reform Act was passed, Congress included Weingarten rights for federal employees. It doesn’t matter who scheduled the interview…. so long as the interviewer is acting as a representative of the agency and you reasonably believe discipline could result. Always assume you have the right to representation and be sure to ask for it. “The right to be represented during an investigatory interview is a very important one for federal employees,” said President Colleen M. Kelley. “NTEU representatives can help employees during the interview by clarifying questions or answers, help the employee provide favorable or extenuating facts, and advise the employee or suggest others who may have knowledge of relevant facts.” Remember to ask for representation. It’s your right under the law.

If you have believe you are in need of union representation, please contact NTEU280 immediately.  We are here to assist you. 

 

Amer Al-Mudallal, President, NTEU 280, 202-566-2789

Diane Lynne, Executive Vice President, NTEU 280, 202-566-2786

Anne-Marie Pastorkovich, Senior Vice President, NTEU 280, 202-566-2787

Sean Carter, Chief Steward, NTEU 280, 202-566-2784