July 2005 ENews

In June 2003, the Council filed a national Grievance of the Parties against HUD for illegally denying employees coverage under the Fair Labor Standards Act (FLSA). Exemption from FLSA limits management’s duty to pay employees for overtime, and results in employees taking compensatory time rather than receiving full overtime compensation. The first arbitration hearing was held on September 29. The parties agreed to use a two step process—first determining if employees have been improperly exempted from FLSA coverage, and second determining monetary damages. The first hearing focused on the GS-360 series, and should be completed by November 4. Meanwhile, on October 21, Management agreed that all employees GS-10 and below should be covered by the FLSA. Additionally, the arbitrator ruled in favor of the Council on a motion to compel discovery, stating amongst other things that Management’s responses to the Union’s requests for information “are incomplete and vague, and arguably, dissembling and evasive.”

On September 13, Deputy Secretary Roy Bernardi and Council President Carolyn Federoff signed a new Memorandum of Understanding that permits employees to take up to eight hours administrative leave a month to volunteer for non-profit organizations. “The possibilities are as varied as HUD’s programs,” said RVP Tim Oravec, one of the primary designers of the new MOU and a volunteer firefighter in his town. Several months time can be combined, so that employees can volunteer for activities requiring a sustained commitment, such as a Red Cross volunteer serving in Mississippi, Louisiana or Texas.

Oravec is creating an FAQ—frequently asked questions—page for the Council website, including sample memoranda employees can use to request administrative leave and strategies to determine if the proposed volunteer activity would qualify. Please plan to do something extra for your community soon!

At their September 8 executive board meeting, the Council voted to contribute $150 to each of the 40 displaced union members from the New Orleans and Jackson, Mississippi, office. In addition to sending cashier checks, Council Secretary Lisa Lowery has been busy reaching out to our members, and has recently sent them information on accessing FEMA resources. She has also sent a questionnaire with a stamped return envelope in an effort to determine exactly what management has offered employees in terms of temporary assignments, telework, computer equipment, and travel and per diem.

At their October 6 executive board meeting, the Council confirmed Local President Sal Viola to serve as Chief Negotiator on behalf of the New Orleans Local, at the request of New Orleans Local President Dorothy Pleasant. Viola has been in regular contact with management and is advocating for the restoration of the New Orleans office, an agreement for no involuntary relocations, access to telework, travel and per diem, and equitable treatment of all employees regardless of cylinder. This latter issue has been a major sticking point. The Deputy signed a memorandum on October 11 mandating an inter-cylinder task force to address New Orleans issues.

Copies of management memoranda and other related information can be found on our home page at: http://afgecouncil222.com.

Council RVP Tim Oravec and President Carolyn Federoff held a conference call on October 14 with Management to discuss the treatment of HUD employees detailed to FEMA in the areas effected by the recent string of hurricanes and natural disasters.

Management informed us that there are currently 35-38 HUD volunteers deployed. They are scheduled to be rotated in and out in groups of 4-5. We were also informed that a larger deployment rotation is planned and includes approximately 18 people. This has been delayed while management puts together some FAQ's with written materials volunteers can use. A copy of the FAQ's will be posted on the Council web site when they become available. Management also agreed that there have been reports of problems from employees deployed to the Gulf Coast. To gain further insight into these reports, both management and the Council are working to contact deployed employees and review areas of concern.

The Council was informed that 686 HUD employees volunteered to be detailed to FEMA in the areas effected by the recent hurricanes and natural disasters. Initially, the criteria for selecting volunteers favored employees with past disaster experience, emergency training or military/law enforcement backgrounds. However, as time progresses, program area knowledge will be more important. As new volunteers are needed, management will contact the volunteer directly to ensure that the person is still interested and available. If they are, management will next contact the person's supervisor to determine availability. Once this is completed, management will then arrange for travel orders. Management also stated that it is their intent to issue a “thank you” all persons that volunteered.

Republican Study Committee proposes reductions in federal employee retiree benefits

In an unusual maneuver, Congress is reopening the FY’06 budget agreement in an effort to enact more reductions. Citing the costs of Hurricane relief, the Republican Study Committee is proposing reductions in several areas, including federal employee retiree benefits. Federal employee retiree benefits would be calculated based upon a “high 5” rather than the current “high 3” year basis. Additionally, retiree health benefits would be reduced, particularly for retirees with fewer years.

The assault on retiree health benefits is widespread. There has been a precipitous decline in retiree health benefits over the past ten years, and two-thirds of companies currently offering benefits anticipate reducing or eliminating them over the next five years, according to a study conducted by the Teamsters. General Motors just reached an agreement with the United Auto Workers to make significant reductions to retiree health benefits. Time magazine published an extensive article on pension plan reductions in their October 31, 2005 edition.

The Republican Study Committee specifically refers to the private sector as a reason to reduce federal employee benefits. To support our benefits, we need to support our neighbors in their efforts to maintain health insurance—as taxpayers, by supporting our state and local public employees’ health and pension benefits; as consumers, by shopping at stores that provide employee health and pension benefits and supporting union job actions.

How many more Americans will be added to the more than 45 million that are already without health insurance? Will you be one of them?

Council pursues national grievances regarding delays in awards, travel reimbursement, grade parity

The Council is continuing to pursue damages in connection with the chronically late distribution of performance awards. A meeting with Management has been scheduled for November 9. The Council is also requesting information in connection with delays in travel reimbursement to determine if employees have been harmed. Finally, the next arbitration hearing in the grade parity case is scheduled for March 2006. Please talk with your Local President for more details, or visit our website at: http://afgecouncil222.com/grievances.html.

During July and August, the Council sent to all bargaining unit employees detailed information on the proposed Working “for” America Act (WFAA). One of the primary reasons to oppose WFAA is HUD’s demonstrated inability to timely process performance awards. Imagine your annual pay raise being subject to the same—actually far more complicated—process! Have you sent a letter to OMB Director Clay Johnson? Go to our website at http://afgecouncil222.com/enews.html and click on WFAA E:Alert 3 to get sample letters and petitions for you and your co-workers. Take action now before this draft act is submitted to Congress.

AFGE is beginning a new “Bonus Bucks” campaign. Members can earn up to $50 for each new member they recruit during the campaign. Talk to your co-worker about becoming a member. And always remember—we get our leadership from our membership. That’s why we want the very best employees to be our members. Join today!

Articles written by Carolyn Federoff, President, and Tim Oravec, Region II Regional Vice President
E:mail comments or suggestions to: AFGE COUNCIL 222/ADMIN/RIC/HUD@hud.gov or just hit reply