Non-Discrimination Legislation Introduced

Earlier this week, Representatives Tammy Duckworth (D-IL) and Richard Hanna (R-NY) introduced legislation to clarify that it is a prohibited personnel practice in the federal government to discriminate on the basis of sexual orientation or gender identity. NTEU strongly supports this legislation and applauds the bill sponsors for their leadership on this issue.

In 1983, the Reagan Administration concluded that a federal employee in the excepted service had merit system protections from being dismissed solely because of his or her sexual orientation. That determination has been further strengthened by an Executive Order and through contract language negotiated by NTEU.

However, because this Executive Order could be rescinded by a future administration, NTEU believes that codification of these workplace protections is important. Therefore, NTEU will be seeking enactment of this bill, H.R. 4668, the bipartisan Clarification of Federal Employment Protections Act.

For more information on ways you can help, please visit the NTEU Legislative Action Center.

2014 version of the CBA and updated Telework Agreement form

The 2014 HHS-NTEU Consolidated Collective Bargaining Agreement (CBA) is the most current version of our CBA. This version is only available electronically, in Portable Document Format (304 pages, 6.77 Mb), at this time. The Department of Health and Human Services (HHS) has yet to comply with Article 9, Section 4 D, or the settlement agreement signed by NTEU and HHS on September 16, 2015, to distribute updated hardcopies of the updated CBA to every employee.

Please discontinue use of the 2010 version of the CBA since several articles changed during midterm bargaining in 2014:

  • Article 10 – Union Representatives / Official Time
  • Article 25 – AWS / Hours of Work
  • Article 26 – Telework
  • Article 27 – Awards
  • Article 30 – Performance Management Appraisal Program (PMAP)
  • Article 42 – Travel
  • Article 45 – Grievance Procedures
  • Appendix 2 – NTEU-HHS Official Time Form
  • Appendix 3 – AWS Application Form
  • Appendix 3-1 – Telework Enhancement Act
  • Appendix 3-2 – Telework Agreement Form
  • Appendix 4 – PMAP Policy
  • Appendix 5 – PMAP Form

If you have an approved telework agreement, please note that Article 26, Telework, Section 4 F, requires employees currently teleworking at that the time of the agreement to resubmit their current agreement using the new, updated Telework Agreement form containing the expectations for emergency telework required by the Telework Enhancement Act 2010 (Appendix 3-1). I recommend you comply with this requirement even if your supervisor has not asked you for an updated form.

FDA Article 3 Notice of ORA Program Alignment

On February 23, 2016, FDA provided formal notice to NTEU regarding a plan to implement a realignment of the current FDA/ORA structure through a Program Alignment initiative. According to the FDA, the proposed Program Alignment is a plan to modernize and strengthen the way FDA fulfills its public health and regulatory role, enabling it to keep up with scientific innovation, expanding global markets, and new mandates. The agency has indicated that the Program Alignment will not result in job loss, change in grade, change in duty station or office locations, and will have no adverse impact on the working conditions of bargaining unit employees.

Prior to receiving the formal notice, NTEU had an opportunity to provide predecisional input regarding the agency’s plan for the proposed realignment. During conversations with agency officials, NTEU raised numerous concerns regarding the impact of this realignment on employees, to include increased travel requirements, changes in duties that would require employees to specialize their work, and concerns regarding the fact that this model would essentially require employees to report to two supervisors. NTEU has made several information requests in order to obtain data and other information about the initiative that agency officials were unable to provide during predecisional discussions.

NTEU has invoked its right to bargain this initiative and has requested a briefing to learn more about the current status of the realignment and the agency’s plans for implementation. NTEU has also reminded the agency of its contractual and statutory duty to bargain prior to implementation.

NTEU National President Tony Reardon has appointed the following bargaining team members:

  • Cheryl Monroe (Chapter 230 President)
  • David Arvelo (Chapter 254 President)
  • Mike Theodorakis (Chapter 282 President)
  • Russell Glapion (Chapter 290 President)
  • Joe Teixeira (Chapter 288 President) as Alternate

The team will meet this week to draft proposals. NTEU plans to submit proposals and begin bargaining as soon as possible.

Your feedback is very important to me. I encourage you to share your opinion on this significant change in working conditions.