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AFGE Local 12
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Washington, DC 20210
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Vol. IV, No. 3, November 2003

Contract Negotiations Begin

Do you believe DOL employees need:
• A dress code?
• Restricted Flexitime?
• A lunch break of half an hour?
• To wait until 2006 for the $100 transit subsidy that everyone else gets now?
Labor Department Management does. These and many other bad ideas are contained in the initial bargaining proposals that Management gave to AFGE Local 12 on October 8 to begin negotiations for a new contract.
“Management’s agenda is clear,” declared Union President Larry Drake. “It’s to take away many of the gains that Labor Department employees have made—through their union—over the last 30 years,” he continued.
“If implemented, their proposals would change the workplace for the worse and make the Department a much less desirable place to work,” he stated. “The Union will fight these misguided ideas in order to preserve and expand the rights and benefits that DOL employees currently have. Our goal is to make the Department a better place to work so it can carry out its mission more effectively,” he emphasized.
In reviewing management’s proposals, two themes become clear:
• strip individual employees of their rights vis-à-vis their first-line supervisor, giving the supervisor practically unlimited discretion, and
• cripple the Union as an institution capable of defending the rights of employees.
Below are highlighted some of Management’s key proposals.

Dress code
Management would impose a dress code on DOL employees. Management’s proposal contains vague language about “professionalism” and “appropriate attire,” which could easily be used by unscrupulous supervisors to harass employees that they don’t like.
“Dress codes are fine for junior high school students,” remarked Drake, “but to propose one for hard working and dedicated DOL employees is both insulting and paternalistic. We absolutely reject it; employees know how to dress appropriately without management telling them,” he stressed.

Flexitime
Management proposes that the core hours, which since 1980 have been 10 AM – 3 PM, be expanded to 9:30 – 3:30. Not only that, they want the hours of work, which for the last 23 years have been 6 AM – 8 PM, to be shrunk to 7 – 7. In addition, they would eliminate the Maxi-flex option, the most flexible type of Flexitime.
“Management’s approach seems to be: ‘Back to the future!’” noted Drake. “The whole trend for the past several decades has been to allow employees greater flexibility; this is especially important in the Washington DC area, with its terrible and worsening traffic congestion. Preventing employees from commuting at their preferred hour is counter-productive, bad both for the employee and the region.”

Lunch break
For many years, the lunch break for DOL employees has been an hour. While not written in the contract, it is considered a “past practice.” Management would force employees to have only 30 minutes for lunch. “This proposal is draconian,” stated Drake. “Half an hour for lunch is unhealthy; people simply need more time,” he continued. “To leave your office, go and buy lunch and then eat it and get back to your office within 30 minutes, is next to impossible. This is a professional workplace, not a boot camp!” emphasized Drake.

Transit subsidy
Under Management’s proposal, DOL employees would get a monthly transit subsidy of $80 in the first year of the contract, $90 in the second year, and $100 in the third year. The earliest, therefore, that employees could get the full $100 subsidy—which DOL managers and supervisors have been receiving since October of last year—would be in 2006. “This proposal is absurd: we should have been receiving the $100 transit subsidy since January of 2002,” commented Drake. “To say that DOL employees have to wait three more years to get whatever everybody else in the city already gets is ridiculous!”

No racquetball court?
Since it opened in the mid-1970’s, the Frances Perkins Building has had a racquetball court and exercise facility on the third floor (South). It is referenced in the current contract in Article 9, Section 4 (p. 39).
Management’s proposal deletes any reference to this facility. Could it be that they want to eliminate it? The Union’s proposal maintains the facility and expands its hours of operation.

Background
Management formally notified the Union on December 16, 2002, that it desired to renegotiate the Collective Bargaining Agreement (CBA). On December 31, the parties began bargaining on the ground rules. Ground rules govern the negotiations and cover such things as logistics and procedures for dealing with impasses.
Unable to agree on the ground rules, the parties received mediation assistance from the Federal Mediation and Conciliation Service (FMCS). Later, despite the Union’s objections, the Federal Service Impasses Panel (FSIP) took jurisdiction over the dispute. Under the auspices of FSIP, the ground rules were established on August 27, 2003.

Ground Rules
Under the ground rules, bargaining will continue for up to 80 calendar days. Having started on October 8, the 80th calendar day is December 26. There will be bargaining every workday except Thursday, and bargaining will occur in the Frances Perkins Building. If the parties need mediation assistance, they will get it from FMCS. If mediation assistance is unsuccessful, the outstanding issues will be resolved under the auspices of FSIP.
All matters agreed to by the parties ultimately will be put to a vote, as a package, by the union membership. Union members, and only union members, will be eligible to vote the package up or down. If the membership votes it down, the parties will go back to the bargaining table. Only after the union membership ratifies the contract will it be implemented. In the meantime, the current contract stays in effect until it is replaced by the new one.

Team members
Under the ground rules, both parties are entitled to up to ten members on their bargaining team. The members of the Union team are Larry Drake (Chief Negotiator), Charles Young (BLS), Terry Hoopes (EBSA), Linda Copening (ESA), Dale Fischer (ETA), Salwa El-Bassioni (MSHA), Maureen Hill (OASAM), David Hershfield (OSHA), Eleanor Lauderdale (SECY), and Paula Parrot (SOL).
The nine members of the Management team are Jerry Lelchook (Chief Negotiator), Peter Spolarich (BLS), John DiSciullo (ESA), James DeLuca (ETA), Terry Bentley (MSHA), Sandra Keppley (OASAM), John Pallasch (OASAM), Dorothy Dougherty (OSHA), and Mark Maxin (SOL).

Just say no
“All DOL employees should be concerned about these negotiations because our rights in the workplace are at stake,” declared Drake. “The most effective way to say no to Management’s misguided proposals is to join the Union and give our bargaining team more clout at the table,” Drake continued. “All employees who are not yet members of our union should sign up today; our rights at work hang in the balance,” he concluded.

Rally on December 10
December 10 is International Human Rights Day. It commemorates the anniversary of the ratification of the Universal Declaration of Human Rights in 1948. Among other things, the declaration guarantees the right of people in every nation to come together in unions and bargain collectively. Worker rights are human rights. The U.S. government was a leader in getting this declaration approved.
This year the AFL-CIO will mark the occasion by holding a series of public events throughout the country to draw attention to the attacks by employers on the human rights of free association in the workplace and the ability to join a union. The event for the Nation’s capital will be a noontime rally on Wednesday, December 10 on the front steps of the Frances Perkins Building, 200 Constitution Ave., NW.
The rally will call attention to the Bush Administration’s denial of union rights to Federal employees, not only at DOL but also at the Department of Homeland Security and the Department of Defense. All Union members and DOL employees are encouraged to attend. Stand up for your rights on the job!

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