Vol. III, No. 6, March/April 2001

DOL plan to divide union fails
Less than two years after AFGE 12’s trusteeship for financial mismanagement ended, DOL management embarked on a strategy to divide the union and stop its effectiveness. The union had successfully won a transit subsidy and a flexible workplace program for employees it represents (BU), restored financial integrity, and gained back its good name in the labor community. The union was also more aggressively bargaining with DOL on space and organizational changes, seeking to obtain increased promotional opportunities and other benefits for BU employees.

DOL career level managers convinced Clinton Administration political appointees that management should deal with the AFGE 12 vice presidents instead of its president.

The union’s new bylaws imposed with the end of trusteeship on January 31, 1996 aided management’s strategy to stop 12. The new bylaws called for nine VP’s elected by members in their respective agencies. Before the new bylaws, all officers were elected by the entire membership. The new bylaws segmented the union, structurally. The VP’s were not accountable to the entire membership. Now, management could work to pit VP’s against their president who was accountable to the entire membership. The first test of management’s strategy to stop 12 came with the creation of the “Office of Welfare to Work” in ETA. The second came when management started sending final space and organizational change plans to the union VP’s instead of the president. The third test came when management implemented the “Workforce Investment Act” (WIA) reorganization in ETA.

It took the union more than a year to persuade former Secy Herman to circumvent the career management’s attempt to block the arbitration of these cases. They have now been arbitrated, and the union has won all three cases. Management appealed the decision in the case of the WIA reorganization in ETA and lost again. Their challenge was summarily dismissed by the Federal Labor Relations Authority (FLRA), which oversees labor-management relations in the federal sector.

In the first case, Arbitrator Jonathan E. Kaufmann said in ruling for the union, “In essence, DOL asked the Arbitrator to impute language into the parties’ agreement that it was their intent to limit the Union President’s right to approve or disapprove of agreements in accordance with Article 36, Section 3. The evidence presented, however, does not offer a sufficient basis to do this.”

In the second case, Arbitrator Leroy D. Clark said, “There was, however, some testimony from Union officials about the prospect of Agency Vice Presidents acting in disruption of higher Union officials authority and that there could be some confusion in roles. The Arbitrator credits this Union testimony...”
“Therefore, the Arbitrator rules that when the Agency official supplies the final copies of the space and organizational plans to the Agency Vice Presidents and the President of Local 12, they should accompany it with a statement of the precise authority that each party has. It should be clear that the Agency Vice President is limited to ‘consultations’ and the higher Union officials are the only parties with ultimate authority to determine if there are any outstanding issues and to invoke bargaining.”

DOL has refused to comply with the Arbitrator’s ruling. As a result, the union has filed an “unfair labor practice charge” with the FLRA.

In the third case, Arbitrator Marilyn S. Ermer said, “January 1999 signified the shift in the Department’s position. At that time, without explanation, Mr. Lelchook directed Union Secretary Birch to Local 12 Vice-President Lawson for any questions concerning ETA’s reorganization...” “The express language of the contract had been supported by a clear pattern and practice. The Department’s unilateral decision to change its interpretation of the contract and recharacterize its prior application of the contract is wholly unjustified.”

“The nature of the conversations between Mr. Keilty and Mr. Lawson should have triggered an alarm that something was not kosher. While management...recognizes that ‘it is clear that this matter is essentially an internal dispute,’ it also is clear that the Department capitalized on that internal dispute to justify its actions...”

“Given the unusual nature of communications between Mr. Lawson and Mr. Keilty, coupled with the Department’s awareness of an internal union conflict, the Department had no reasonable basis for relying on Mr. Lawson’s ‘apparent’ authority to waive the Union’s right to negotiate.” “...the contract makes it clear that Mr. Lawson’s role in the process was premised on his capacity as an Agency Shop Steward. The fact that he also bore the title of Agency Vice President is irrelevant.”

The union believes that the decisions in these cases should be instructive to Secretary Chao and her political aides in fashioning a more constructive and positive labor-management relations environment at the United States Department of Labor.

MSHA management hostile to union officials
By a union member in MSHA
When steward Kevin Burns approached MSHA’s Director of Administration and Management requesting some information concerning an employee dispute with her second level manager, the steward was ejected from the Director’s office. Director Gordon Burke then immediately summoned the employee to his office and informed her that the union representative had been thrown out. The manager then attempted to deal with the employee directly without the union being present.

The VP for MSHA attempted to resolve the manager’s improper reaction with the Acting Assistant Secretary and with Mr. Burke, but met a stone wall of silence and intransigent posturing. Mr. Burke’s only comment was that everybody should “do what’s right.” Although union reps attempted to resolve the matter amicably, MSHA management has steadfastly refused to seek a cooperative solution which reinforces employee rights to seek representation and acknowledges the union’s right and responsibility to represent employees.

The union may be forced by this reaction to file unfair labor practice charges against MSHA and Mr. Burke for his abusive and intentional violation of labor law. Employees have the right to seek representation of union officials in potential disputes with management, and the union has a legal right and responsibility to represent employees on matters affecting their employment. The devoted and hard-working employees at MSHA hope that Secretary Chao will intercede in this unfortunate legacy of disrespect for the union and the employees it represents at MSHA.

Vote on bylaws changes
The AFGE 12 members will meet at 12 noon on Thursday, April 26, 2001 in PSB Conference Center Rooms 2 & 3 to vote on changes to the union Bylaws. Copies of the proposed changes are available in the union offices: N-1501 FPB and G435 PSB.

Rev. Al Sharpton speaks at DOL
The guest speaker for the February 28 African-American History Month program was the Rev. Dr. Al Sharpton. African-American, European-American, Protestant, Jewish, and Catholic attendees found his remarks informative and inspirational. Rev. Sharpton talked profoundly about the debt that is owed to those who came before you. While it was an African-American History Month speech, his message was one for all people.

Living a relevant life by helping and caring for someone beyond oneself was humorously brought home when he said that the toughest job for a black minister is to preach the funeral of an irrelevant black person. He said, you are expected to hallucinate about a life the deceased never lived.

Rev. Sharpton said that the culture of struggle by African-Americans is in danger of being lost with the generation of youth today, the first of its generations that does not know struggle. His remarks that were most riveting for the standing room only audience focused on faith and its importance in a historical context for African-American people. He was eloquent, insightful, and universal, receiving several standing ovations during his speech and two after he concluded.

Thanks Doris Johnson
Doris organized the Holiday Bazaar in December 2000 that raised $2700 in donations for the union. These donations financed the Holiday Party. Doris is currently a Steward in BLS and formerly was union VP and Chief Steward for BLS and At-Large Member of the Executive Board.
AFGE Urges Bush to Implement FEPCA

In a letter to President George W. Bush, AFGE National President Bobby L. Harnage and National Treasury Employees Union (NTEU) President Colleen Kelly have urged the President to fully implement the 10-year old Federal Employees Pay Comparability Act (FEPCA) which was designed to close the gap between Federal and private sectors.

In their joint letter, the union leaders ask for a meeting do discuss full implementation of FEPCA-a bipartisan bill signed into law by former President George Bush in 1990. Harnage and Kelly point out that 53 percent of the Federal work force will be eligible for retirement by 2004, making recruitment and retention of skilled government employees crucial. "We believe the single most important thing that can be done to improve the Federal government's ability to respond effectively to the impending retirements and to retain the skilled employees necessary to carry out our government's mission is to implement FEPCA, which was signed by your father in 1990," the letter concludes.