AFGE-SSA Contract Changes 2012

Article 1 Governing Laws, Regulations and Existing Conditions of employment

Agency is obligated to give advance notice on change to any Existing Past Practices/MOUs/Supplemental Agreements if not covered by 2012 National Agreement

Parties agree to withdraw their reopening the contract letters.  Effect is to keep MOUs negotiated from 2005 to present in place unless superseded by contract.

Article 3 Employees Rights

Two Personal Rights Basis were added – gender Identity and genetic Information

Bullying prohibited and will not be tolerated in workplace and agency to provide info on website

Froze old desk search policy dated 2/8/2008

In-office security to protect personal belongings and assistances for losses will be provided upon request

Memory joggers cannot be used unless reduced to writing within 1 year

Official records and files shall only be viewed or disseminated to management on a need to know basis

Inform employees timely of information that is retained on him/her.  Effect is that records can’t be used against employee if such documents are not disclosed in a timely basis.  This is replacement language for old 2000 contract language in Article 3, Sec 5 (E).

Incorporated the eOfficial Personnel File MOU into the agreement by reference

Improved language on retirement and thrift planning

Improved information on being released to go to Union Office or meet with union representative.

Right to notice on formal discussions done by electronic media.  Right to be present at such electronic formal discussions.  Right to be in studio to ask questions and make union statement re issue.  Right to participate in conference calls that are formal discussions.

Informed of right to union representation if discipline is planned.  Oral notice of Weingarten right at time of discussion if it may lead to discipline.

Last Chance agreements will not exceed two years

Improved information on Employees Orientation

Commitment to provide comprehensive elder care information

Compromise of agency policy with regards to Debt collection procedures.  Only MOU applies.

Article 4 Midterm Bargaining

In dispute:  Prong 1 test only for GC level bargaining.  Matters not explicitly and comprehensively addressed in contract can be negotiated mid-term.

Additional paid negotiator at all 4 levels if bargaining exceeds the contractual time limits.  Current contract reduces paid negotiators to 1 if negotiations exceed contractual time frames.

Level 4 bargaining begins no later than 1^st Tuesday 10 days after notice if consultation not requested.  If consultation requested, bargaining begins no later than 2^nd Tuesday of week after consultation ends.  Effect is to give parties another week to start negotiations.

Article 7 Duration

4 year contract

Article 8 Travel

Duty time for voucher preparation/submission

Provide Cell Phones to employees when traveling, if available

Commuting area travel reimbursement per travel regulation

Employees have right to select lodging on long term training but reimbursement cannot exceed authorized reimbursement rate (i.e., negotiated group travel rate at agency selected hotel)

Right to mid-term bargaining on E-2 solutions changes.

Copies of training guides and user manuals re E2 solutions to employees. Volunteers considered offering training.

SSA will make every effort to ensure that employees who travel will receive travel card and authorization in time to arrange transportation and lodging.

Cash advance will be given to 1^st time travelers w/o card, those who have to pay a security deposit and those who stay in lodging where govt. cards aren’t accepted.

Agency will make provisions to pay for transportation and hotels for employees who won’t use credit card due to beliefs or can’t be issued card due to credit history.  SSA will consider alternative measures for advancing $$ for other expenses.  Case by case handling of advances for hardship, religious and credit denial exceptions.

Advance notice to employee of card deactivation.

Credit card can’t be used for personal expenses.

Info packet to employees on website re use of card.

Notice and bargaining re changes in government travel and card program.

No requirement for receipt/justification for $3 daily personal call reimbursement while in travel status.

Employees who exercise reasonable care for govt. documents/property will not be held responsible for loss, damage, theft while in possession or custody.  SSA policies re this compromised.

Employees on long term travel will be informed re types of available lodging, handicapped accessibility, public transportation availability and reimbursement rates.

Will pay relocation benefits if in interest of govt. for employees in temporary duty.

Full info to employees re relocation benefits including referral to contact person who can explain benefits and services.

Article 9 Health and Safety

Employees can use pseudonym on correspondence or elimination of name altogether.  This is equivalent to SSA removal of manager’s names from correspondence.

Safety precautions for sting operations

Joint health and safety inspections.  Union signs Inspection form.

Right to bargain office moves and renovations including floor plans.  Full bargaining on all issues involved in moves and renovations.  Mandatory bargaining on non-security window coverings.

Discussions on reducing stress at local level.  Local rep and manager meet at least once a year to try to identify causes of stress in worksite and ways to reduce stress.

Stronger language to ban disruptive visitors

Sting protections

Eyeglasses increased from $175 to $200 and Exams increased from $50 to $65

Commitment to accurate reporting of incidents.

Incident/accident figures twice year to Union.

Health and safety committees will be established in stand-alone TSCs with 200 or more employees.

Employee reports of unsafe conditions will be discussed by union and management.

Union will be invited on inspections after disasters if potential damage to facility.  SSA will inform union of actions taken when facility reopened after disaster.

Union will be informed of product/material recalls such as headsets, chemicals, etc.

MSDS to union upon request

Copies of abatement plans to union.

Tissues and hand sanitizers on all interviewing desks and work stations.

Evacuation chairs will be provided.

Timely notice to H & S rep/committee re dangerous, unhealthy or potentially dangerous/unhealthy condition at the worksite.

Agency will periodically test duress alarms.

Notice will be displayed when asbestos abatement is being done.

SSA will take appropriate action when threats received by phone/VIP.

Incidents of threats/potential threats affecting security and safety of employees, visitors, facilities and records will be reported.

SSA will document disruptive conduct by visitors.

Annual notice to employees of Identity Protection Program.

Employees will be notified re the number of participants in IPP.

Shelter in place MOU incorporated.

Stress reduction info to employees.

Reopener on smoking if change in govt. wide regs., Executive Order, laws.

Non employees can be expelled from office if they engage in workplace violence or threats.

SSA will provide employees info on weight management and control, dental health, respiratory and cardiac health.

Wellness coordinators will be listed on website.

Ergonomic furniture will be addressed in forums.

Article 10 Hours of Work

Up to 3 credit hours per day can be earned if established flex bands permit

15 minutes added to flex band in small Field offices

In facilities with fixed shifts, employees can work pre-shift credit hours at FOs and TSCs

5-4-9 entitlement for 4^th shift mega TSC employees.

10 minute breaks for those who work at least 2 hours of post shift credit hrs.

Restrictions on flextime adjustments for training/staff meetings loosened.  If event can be viewed on video later, no restriction on flextime.

Headquarters fixed shift employees get to work up to 1 credit hour.

Article 11 Facilities

Savings clause on all space.

No limit on number of union officials who can replace space user.

System for consideration of providing space if replacement union official is out of commute area.

Space preserved for Council Presidents if they retire or are replaced.

Union gets 5000 copies of Contract

Ability to send one email per month to all employees within a Council.  More possible on request.

Annual paper notice on how to locate National Agreement online

Right to private space for confidential discussions between BU member and union.

Space provided for membership drives.

Union can use DVD equipment for orientations, etc.

Article 12 Recycling and Going Green

Agency made contractual commitment to going green

Article 13 Parking and Transportation

Transit subsidy $125 for capital region and rest of country will be $75 (2013), $80 (2014-2015) and $ 90 (2016)

Ability to discuss and possibly resolve outstanding parking issues.  90 day period for local consultation on parking problems.  If not resolved, agenda item for UM meeting.

Mandatory bargaining re parking changes in office moves or new office.

Info re commuting options to new employees.

Explore options for bicycle security and storage, if expressed by employees.  (i.e., racks or inside storage)

Article 15 Contracting Out

SSA will brief Union re insourcing initiatives.

Article 16 Training

IDP information will be available on website.

IDP info to employees in 1^st quarter every year.

Questions arising from IVT training will be answered timely.

Up to 40 hours of administrative time during contract period/16 max per year for licensure/certification requirement.

SSA sponsored training and educational programs on website.

Management insures that questions that employees have as a result of an IVT broadcast will be answered timely.

Article 17 – Awards

2011 MOU – Program match.  Guaranteed ROCs based on overall appraisal ratings of 4.0, 4.5 and 5.0.

Award ranges based on overall appraisal ratings.  Grade irrelevant re award ranges.

Briefing to Union if SSA ignores OPM recommended awards budget.

No suggestion award program.  If SSA decides to begin new suggestion awards program, notice and bargaining opportunity to union.

Expanded awards info.  Re position, duty station, and organization of each employee.

Article 18 Equal Employment Opportunity

Added gender identity and genetic information as basis for discrimination

Reasonable amount of time will be allowed per Statute and 8/24/8 will not be arbitrary. More time for difficult cases and no arbitrary cut off of time.  Any denial will be in writing, if requested.  8-24-8 is a guideline.

Duty time for travel of a personal representative to an EEO event.  Would not include travel just to meet with the employee.  Would include representing the employee at an event (hearing, deposition, investigation, ADR).

Information regarding filing a request for reasonable accommodation to employees.  Employee ability to file such request orally or in writing.

Employees informed of management official who will engage with the employee in an interactive manner re reasonable accommodation requests.

Article 19 Upward Mobility

Commitment to establish programs with local institutions or others, and online training sources, to increase opportunity for employees to engage in continuing education.

Article 20 Child and Elder care

Elder care added to title and content

Pay for 1 AFGE rep to attend annual GSA Child Care Conference

Private space and duty time for lactation

Emergency leave for child care/elder care problems must be granted absent a work emergency.

Article 23 Disciplinary and Adverse Actions

Added a new section on Investigations with Union’s right to be present.

Oral presentation face to face if co-located otherwise consideration given to employee preference.

Contractual language for deciding official to be higher level in mgmt. chain than proposing official.

Right to information in addition to that relied upon to support proposal.  Intent is that union can request and obtain exculpatory material (i.e., evidence exonerating the disciplined employee).

Quarterly sanitized notice of reprimands and proposed disciplinary actions.

Article 24 Grievance Procedures

Clarified ability to file group grievance with 25% of grievants selected by union to be present at grievance meetings.

Management requirement it communicate with representative in step 1, 2 and 3 of the grievance procedure if they feel that the grievance lacks sufficient information regarding identification of specific contract violation(s).  Such communication required or SSA can’t use arbitrability defense re not understanding basis of grievance.

Parties can use ADR to resolve grievances by mutual consent.  Procedures in Article 40.

Proof of service for filing grievances includes certified mail return receipt by Post Office or commercial delivery service and signed written acknowledgement by recipient of grievance.

Grievances require original signature and proof of service.

Grievance decision can be issued by e-mail.

Can advance grievances after initial filing by e-mail.

Must request oral presentation when grievance is advanced or oral presentation is waived.

Grievance by e-mail considered received the 1^st day after the day of transmission.

Article 25 Arbitration

Both parties exchanges witness lists within 15 days prior to hearing.

Increase in arbitrator fees: $500 for an expedited case, $1000/day for a regular case.  Fees the same for all panels.

Parties will try to define the issues 15 work days prior to hearing.

October removal of arbitrators effectuated by written notice to the opposite party any time between 10/1 and 10/31 and subsequent joint notice to arbitrator.

Removed arbitrator can only hear cases scheduled within 120 days of notice of removal.  Other cases assigned removed arbitrator must be sent to panel for re-picking of arbitrator.  If an arbitrator has been removed in October, panel must reassign cases by 12/1.

Either party can remove a maximum of 5 arbitrators at any time – with a maximum of 1 per panel.  Rules for remaining cases assigned to arbitrator same as for October removals.

If arbitrator mutually removed at any time, same rules as for other removals.

If removed arbitrator declines to hear remaining scheduled cases, the cases are assigned to panel for re-picking arbitrators.

Parties need to rewrite refusal to participate language which will include procedures for sunset declarations.

Cases will sunset 2 ½ years after arbitrator selection.  Exceptions language to 2 ½ year sunset (e.g., death of arbitrator, illness of arbitrator, weather postponement, issues affecting reps and witnesses, deaths in family, emergencies etc.) yet to be written.

When arbitrator selected, each party will identify representative.  If representative changes must notify other party and arbitrator.  All correspondence/communication will be addressed to whoever has been named rep.

Each party entitled to 1 TA and 1 observer.  (Current language only applies to union.)

Witnesses paid travel and per diem must be SSA employees except for retired GC contract experts.

Penalties for arbitrators who issue late decisions: if no decision within 45 days 20% penalty and if no decision within 90 days, 40% penalty.

In expedited cases, if no decision within 15 days, 20% penalty.  If no decision within 30 days, 40% penalty.

Expedited arbitration hearing must be scheduled no more than 60 days after notice to arbitrator of selection.

No time requirement for hearing regular cases.

Procedures established for picking arbitrators when panels are depleted and there are less than ½ of arbitrators left on panel.

E-mail can be used to invoke arbitration.

Article 27 Details

No cost hardship details provision.

Hardship Reassignment MOU continues in place as past practice per Article 1, Section 3.

Article 28 Classification

SSA will timely apply OPM classification and job grading standards.

Article 29 Committees

Quarterly regional DCO meetings by technology

Monthly GC meetings with Deputies

Monthly component meetings with Deputies

2 of 6 yearly Union-OLMER meetings will be done through technology.

If Forums Executive Order stays in place, MOU provisions and subsequent Forum decisions re GC level meetings, component level meetings, regional level meetings and local pre-decisional involvement mechanisms will continue in place of Article 29 meetings with Deputies.

Article 30 Official Time

Official time requests approved by end of day, if possible.

If time denied for work reasons, must be granted in 2 work days.

Eliminated percentage structure and added fifteen 1440 hour reps.

Keep present number of 100% ers and 1040 hour employees.

Time excluded from official time: FLRA related time, time for mid-term bargaining and time for term bargaining.  Forums time exclude in Forums MOU.

EEO time will be as personal rep and, therefore, in addition to hour caps.

Article 31 Leave

If management demands medical certificate due to suspected abuse of sick leave request, management must document in writing basis for their suspicion of abuse.

Elimination of “declared state of emergency” language required to grant more than 2 hours of administrative leave for emergencies (e.g., hazardous weather).

Individual PSC Locals can elect to have a seniority roster for first 2 years of contract.  Consultation will occur re what system to use in last 2 years.

Union will be provided SCD dates of employees when rosters established.

Union-management will meet and mutually revise Q’s and A’s re rosters.

SSA will consider participation in establishing leave transfer program for SSA employees when OPM establishes such a program in response to emergencies and major disasters.

When employee establishes a return to duty date while off work due to emergency/illness, no requirement to contact SSA daily.

Restricted disclosure of medical documents.

No sick leave restriction can be imposed solely due to leave balance.

Article 33 Temporary, Probationary, Part Time Permanent and Seasonal Employees

3 on 3 subgroup to update job sharing language.

Article 34 Employee Disability Compensation

Workers Compensation (WC) counseling for employees with job related illness/injury will occur no later than next workday or as soon as practicable (if employee can’t communicate).

SSA will counsel employees on how to access WC forms to file claims.

SSA will assist employees in completing WC forms upon request.

SSA will fulfill all WC related responsibilities in a timely manner.

Article 37 Tests and Employee Selection Process

SSA will provide the Union a list of tests used as a selection criteria for training/career development program or for internal placement.  Such list will be provided within 120 days of effective date of contract.

SSA will grant employees duty time to take tests for internal promotion/placement. (Current contract stated that SSA would “ordinarily” grant the time.

SSA will conduct 2 meetings (in Falls Church and Baltimore) within 60 days of the effective date of the contract 2 discuss with the union the benchmarking/certification process for Paralegal Specialists in ODAR and for the Program Law Attorney position in OGC. 

Article 38 Multilingual/Bilingual Employees

Mentors for multilingual/bilingual employees should be highly motivated, knowledgeable employees with good multilingual/bilingual skills.

Article 40 Alternative Dispute Resolution

ADR referral is by mutual agreement.

If non-represented employee participates in ADR, Union has a right to be present during the process.

Each party pays costs for their representatives.  SSA pays costs for the employee.

No cost mediators will be sought to conduct the ADR.  Selections will be joint.

ADR is available at all steps of the grievance procedure.  If used for grievance, grievance time limits are suspended.

4 hour limit for ADR.  Can be extended by mutual consent.

If mediator would cost money (e.g., travel expenses) mediation will be through technology.

Evaluations will be completed by both parties after mediation concluded.  Evaluations will be shared with opposing party.

If no resolution, documents created in ADR mediation will be destroyed.

Article 50 Communications

This article is really the TSC article.

AFGE withdrew this article without prejudice.  SSA agrees that it will be a mandatory Forums agenda item. 

As a Forums agenda item, the Forums MOU provides for the establishment of a workgroup which will report to the Forums regarding TSC issues.

Issues that were in Article 50 and are now part of a mandatory Forums agenda item are:

• Telephone policies such as Wrap Up, Hold and Sign Off.  Also, abusive calls, documenting “tone” of employee communications, claimant discourtesy and abusive language and use of CHIP and Phone Pro.
• Use of Automatic Call Distributer Equipment (ACD).  This includes use of ACD to track breaks, lunches, absences, plug in time etc. Also, included are issues concerning interruption of calls, instant messaging, and pop up messages.  Also, included is the issue of providing voice mail to individual TSRs.
• Personal telephone messages to employees and messages from employees to others.
• Technical reading time scheduling and duration.
• Inter and Intra component details and developmental opportunities.
• Service Observation.
• Although not included in Article 50, I would expect TSC leave practices to also be part of the Forum issues.

Article 51 Workgroups

The issue of focus groups was part of this article. 

SSA agreed to consult with AFGE on numbers of participants, who the participants are, topics discussed, etc. if SSA uses focus groups.

Article 21 Appraisals, Article 26 Merit Promotion, Article 39 Work at Home by Exception, Article 42 Telework

Unresolved.  After contract ratification, will be negotiated separately. 

2 teams of negotiators will be selected.  SSA will pay for 5 travelers for each negotiation.  The Union can finance additional negotiators at its option.

Each negotiation will be for 2 weeks.

1 negotiating team will negotiate Work at Home by Exception and Telework

2^nd team will negotiate Appraisals and Merit Promotion.

Each unresolved negotiations can be referred separately to FSIP for resolution if necessary.

Although agreement specifies negotiations will begin no later than June 1, ratification will not be concluded by that date.  Parties have understanding that dates will likely be delayed.

Additional Issues

Space improvement in Chicago for OQP Council.  Involves construction of a wall.

Union will inventory furnishings and equipment in regional GC space and consult with SSA re improvements.

4 on 4 workgroup to write conceptual agreements established.

The White House’s fiscal 2013 budget request, however, also includes a proposal to increase the amount federal employees contribute to their government pensions by a total of 1.2 percent over three years beginning in 2013. The administration estimates the increase would save the government $27 billion over the next decade; officials estimate the current two-year pay freeze will save $60 billion over 10 years.

Neither proposal comes as a big surprise. In January, The Washington Post reported the administration would propose a 0.5 percent pay raise in its budget, and the White House has said it opposes legislative efforts to extend the current salary freeze.

In September 2011, Obama released a deficit reduction proposal that recommended increasing the amount federal employees contribute to their pensions over three years at a rate of 0.4 percent annually beginning in 2013. “While federal agency contributions for currently accruing costs of employee pensions would decline, these employers would pay an additional amount toward unfunded liabilities of the retirement system that would leave total agency contributions unchanged over the 10-year budget window,” the plan stated.

At the time, Obama called the changes “modest adjustments to federal retirement programs.”

In addition, the president’s fiscal 2013 budget would eliminate the Federal Employees Retirement System Annuity Supplement for new employees. That recommendation also was in the September deficit reduction plan.

“Overall, these changes are not expected to have a negative impact on the administration’s ability to manage its human resources, nor inhibit the government’s ability to serve the American people,” the budget document stated.

The president also is recommending the creation of a Commission on Federal Public Service Reform to look at ways to modernize federal personnel practices in areas including compensation, performance and mobility.

Federal employee unions praised the Obama administration’s support for ending the pay freeze, but were not pleased about the recommendation to increase the amount workers chip in for their pensions. “We are disappointed that the administration is asking federal employees to once again shoulder the burden of our deficits by increasing their pension contributions with no corresponding increase in the benefit,” said Matt Biggs, legislative and political director at the International Federation of Professional and Technical Engineers.

“This attack on federal retirements is a sop to the right wing,” said John Gage, president of the American Federation of Government Employees. “The GOP has insisted on huge federal retirement cuts in the highway bill and payroll tax conference, and this only serves to fan the flames.”

There are several proposals pending in Congress that would extend the federal pay freeze and raise the amount feds contribute to their retirement benefits. For a list of some of those proposals, see our Feb. 9 Pay and Benefits Watch column.

“Some people may say that at least it’s not as bad as the Republican proposals,” said Carl Goldman, “That’s a heck of a standard to judge what is correct and just.”executive director of the American Federation of State, County and Municipal Employees Council 26.