June 26, 2009
House OKs Mask Use for All DHS Employees;
NTEU Takes Swine Flu Issue to FACOSH
NTEU continues to make progress
on its multi-pronged effort to secure the right for
all Department of Homeland Security (DHS) employees
to voluntarily wear protective masks on the job.
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The House on Wednesday approved NTEU-supported language
giving all DHS employees the right to use protective
equipment, such as surgical masks, N95 respirators,
gloves and hand sanitizers.
The
language, advanced by Rep. Stephen Lynch (D-Mass.),
is contained in a manager's amendment to the fiscal
2010 DHS Appropriations bill. In advance of the vote,
NTEU President Colleen M. Kelley sent a letter
to Rep. Louise Slaughter (D-N.Y.), chair of the House
Rules Committee, urging support for the language.
In related news, yesterday NTEU attended a meeting
of the Federal Advisory Council on Occupational Safety
and Health (FACOSH) where, at NTEU's request, a working
group was established to examine how to best protect
federal employees against another outbreak of the
swine flu. NTEU’s resolution calls for FACOSH
to recommend that—under the instruction of the
Secretary of Labor—the Occupational Health and
Safety Administration become the lead agency in determining
appropriate federal workplace rules in health scare
situations.
Since the first swine flu cases were reported two
months ago, NTEU has been leading the fight to allow
DHS employees to protect themselves and their families.
In addition to testifying on the issue before House
and Senate committees, NTEU has sent letters to the
DHS undersecretary and CBP commissioner urging them
to provide employees with a clear and rational policy
on wearing personal protective equipment. For more
information, visit www.nteu.org/SwineFlu.aspx.
NTEU Handed Adverse Decision
in Donning and Doffing Case
NTEU received a setback in its efforts to secure
pay for the time CBP Officers and Agriculture Specialists
spend outside regular hours putting on and taking
off uniforms and protective equipment.
An arbitrator last week denied NTEU's grievance asserting
that these employees are eligible for double-time
compensation for the donning and doffing because,
NTEU argued, it was "officially assigned"
work under the Customs Officer Pay Reform Act (COPRA).
NTEU had also argued in the alternative that the work
is also "suffered or permitted" under the
Fair Labor Standards Act (FLSA) and eligible for a
time-and-a-half overtime rate. During a two-day hearing
in December, NTEU introduced substantial evidence
and testimony from employees detailing their donning
and doffing practices. The arbitrator made some favorable
rulings on subsidiary legal issues, but found that
the total time spent did not exceed the minimum required
for time to be compensable under the FLSA.
NTEU is now examining its options for appropriate
next steps.
CBP To Examine Field Analysis
Specialist Career Ladder
At NTEU's request, CBP is examining whether or
not to change the Field Analysis Specialist (FAS) career
ladder to be more equitable and better reflect actual
duties performed.
NTEU had filed a grievance alleging that CBP was
implementing its new GS-13 grade level in a discriminatory
manner by promoting some but not all FAS employees
to GS-13. Despite NTEU's comprehensive testimony showing
that specialists at both the GS-12 and GS-13 levels
were performing the same grade-controlling duties,
the arbitrator determined that she did not have the
authority to make a decision in the case because it
would require her to make a classification decision.
Immediately after receiving the decision, NTEU asked
if CBP would do the right thing and raise the FAS
career ladder to the GS-13 level, and the agency agreed
to assemble a workgroup to examine the FAS grade structure
and career ladder.
Details will be reported in the NTEU
DHS Update when CBP announces its decision.
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