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

 

NTEU Files National Grievance against EPA Over Retroactive Transit Subsidy Benefits

On December 19, 2014, the Tax Increase Prevention Act (TIPA) was signed into law. The legislation retroactively increased the maximum, nontaxable amount of the transportation fringe benefit from $130 per month to $250 per month for calendar year 2014, although it did nothing to extend that benefit into 2015. 

 

Article 57 of the parties’ Collective Bargaining Agreement requires the EPA to “support the transit subsidy program to the maximum allowable as a tax-free benefit under the Internal Revenue Service Code.”

 

After TIPA was enacted, NTEU contacted EPA to ascertain whether the agency would pay retroactive transit subsidies to employees for 2014.  On February 18, 2015, EPA informed NTEU that the agency will not be providing a retroactive transit subsidy for 2014.  Consequently, NTEU has a national grievance against EPA seeking to recover retroactive transit subsidy benefits for bargaining unit employees who incurred public transit costs of more than $130 per month and up to $250 per month in commuting costs.  In accordance with Article 57 the parties’ Collective Bargaining Agreement, EPA must pay the difference between the $130 monthly transportation subsidy and up to the retroactive monthly subsidy of $250 to employees who paid more than $130 per month in public transportation costs for the period of January 1, 2014 through December 31, 2014.

 

NTEU recently received favorable FLRA decisions in both HHS and CBP concerning retroactive transit subsidies, and we expect a similar outcome with our national grievance against EPA.

 

For more information, contact: 
Amer Al-Mudallal, President
NTEU Chapter 280 202-566-2789

Update on Bicycling at EPA HQ

Back in June, we had reported upon issues and concerns NTEU280 had raised with regard to the inadequacy of bike facilities at Federal Triangle.  The urgency came about because of the rapid consolidation of EPA's L Street employees into Federal Triangle.  (About 20% of L Street employees bicycled in at least some of the time, which is an extremely high bicycling participation rate.)   

Many months have passed, and we are happy to report that we have made progress on bicycling facilities issues.  While still at EPA, former Deputy Administrator Bob Perciasepe took a personal interest in bicycle commuters and in facilitating a cooperative approach.  There is now an EPA Bicycle Facilities Workgroup, which includes members representing the bicycling community (HQ bicycling coordinators in Federal Triangle and Potomac Yard), employee unions (NTEU280, AFGE3331), and facilities management (SHEMD, LER).  Working together, we have identified many needs and goals, both short and long term, and we have already begun to make visible progress towards developing safe, clean, attractive, and necessary facilities for bicycle commuters.  For example, employees may have noticed the courtyard racks that were installed in the Fall.  Facilities, working with GSA, was able to refurbish, re-paint and re-use existing racks, meeting a need for additional covered and secure bike parking - and saving funds at the same time. 

NTEU280 is encouraged and enthused to work cooperatively to improve existing bike facilities and to plan for the development of future bike facilities at EPA HQ buildings.

"NTEU: Building a Stronger America" - 2015 - Washington, DC

Representatives of NTEU chapters from all over the country have arrived in DC for the 2015 Legislative Conference.  The theme this year is NTEU:  Building a Stronger America.  Today there was an plenary session, hosted and addressed by President Colleen Kelley.  Among the speakers were Senator Mazie Hirono and NTEU National Vice President Tony Reardon.  Major issues queued up for NTEU members this year include the following items that have a direct impact upon our NTEU280 members: 

• Sequestration and Agency Funding.  You may recall that there was a Bipartisan Budget Act of 2013 that provided temporary relief covering FY14 and FY15.  But absent further action, sequestration is here to stay through 2021 and we could start feeling its sting anew in FY16, when the temproary relief ends.  Therefore, NTEU continues its call to end the sequestration.    
• Federal Employee Pay.  As we are all painfully aware, over the past five calendar years, Federal employees have received only two 1% pay raises, in 2014 and 2015.  (For 2011-2013, there was no adjustment at all to the pay scale.)  There has been no change to locality pay for the past five calendar years.  At the opening address, President Colleen Kelley explained how and why NTEU supports a 3.8% pay raise for 2016.  This modest amount would both take a step towards a more "normal" pay raise and would also address the lagging locality pay.
• Federal Retirement.  Twenty-five years ago, FERS replaced CSRS.  Although from an employee perspective, FERS is less generous than the "old" CSRS system, FERS has achieved its stated goals of being both sound and funded.  Many of us may not realize this, but newer employees have faced "tweaks" to FERS effective December 31, 2012 and December 31, 2013, respectively, and that these "tweaks" have resulted in them paying more for their retirement benefits than those of us hired before those dates.  An employee hired after December 31, 2012, pays 2.3% more of their salary towards retirement benefits.  And, as of December 31, 2013, that amount bumped up by an additional 1.3%, which means that the newest hires are paying 3.6% more for their retirement benefits.  This devaluation of retirement benefits affects recruitment and retention efforts by agencies. 
• Employee Rights in the Federal Workplace.   Most government employees, including those in our bargaining unit, have due process and contractual rights that protect them should management decide to take an adverse action against them.  These due process and contractual rights are valuable as they may protect an employee who, in the course of doing his or her duty, points out ("blows the whistle") waste or other wrongdoing.  These rights also help to ensure that personnel actions are done correctly and are carried out lawfully.  Maintaining employee rights maintains the integrity of government service. 

Although not directly related to our agency, there is a serious issue that directly affects our sister Chapters in CBP.  At the opening address, President Kelley pointed out that DHS was not funded for all of FY15 with the rest of  our agencies - and that their funding, frozen at FY14 levels, only runs through February 27th. Therefore, time is running out to address their budget and avoid a lapse in funding. 

President Kelley reported that the regulations for phased retirement have now happened, and that now NTEU is focusing on getting agencies to actually implement them.  She also spoke about the recent Presidential instruction regarding parental leave and NTEU's focus on moving that issue forward. 

In her opening address, President Kelley welcomed representatives from some newer NTEU Chapters, including those at Commodity Futures Trading Commission and the National Park Service in the National Capital Area.  There is strength in numbers.