In the Matter of )
)
DEPARTMENT OF DEFENSE )
NATIONAL GUARD BUREAU )
CONNECTICUT ARMY AND AIR NATIONAL GUARD )
HARTFORD, CONNECTICUT )
)
and ) Case No. 92 FSIP 93
)
LOCAL Rl-185, NATIONAL ASSOCIATION )
OF GOVERNMENT EMPLOYEES, SEIU, AFL-CIO)
)
________________________________________)
DECISION AND ORDER
Local R1-185, National Association of Government Employees,
SEIU, AFL-CIO (Union), filed a request for assistance with the
Federal Service Impasses Panel (Panel) to consider a negotiation
impasse under the Federal Service Labor-Management Relations
Statute (Statute), 5 U.S.C. § 7119, between it and the Department
of Defense, National Guard Bureau, Connecticut Army and Air
National Guard, Hartford, Connecticut (Employer).
After investigation of the request for assistance, the Panel
determined that the impasse concerning annual leave and working
temperatures should be resolved through written submissions from
the parties, with the Panel to take whatever action it deemed
appropriate to resolve the impasse. Written submissions were made
pursuant to this procedure, and the Panel now has considered the
entire record.1/
The Employer's mission is to train individuals to support the Army and Air Force during national emergencies or war and provide assistance during state emergencies. The bargaining unit consists of approximately 465 employees in the Connecticut National Guard, who are Federal employees falling within the jurisdiction of the National Guard Technicians Act (ACT).2/ Employees hold positions
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1/ Neither party filed a rebuttal statement.
2/ 32 U.S.C. section 709 (1988).
such as supply clerk, maintenance worker, aircraft mechanic and
automobile mechanic. They also are assigned to a compatible
military assignment commensurate with their full-time duties in
order to comply with the ACT. The parties are covered by a local
agreement that expired in 1991 but continues to be honored until a new one is reached as a result of the Panel's decision in this
case.
The parties are at impasse over issues involving: (1) annual
leave and (2) working temperatures.
POSITIONS OF THE PARTIES
1. Annual Leave
a. The Union's Position
The Union proposes the following:
Annual leave which will be earned during the leave year will be
credited to the employee's leave account at the beginning of the
year. This will be reflected in either the leave and earnings
statement or by separate letter to each employee during the first
period of the year.
The Union maintains that (1) its proposal is consistent with
current contract wording and (2) it should be adopted, because
employees want to know in advance how much annual leave they can
accrue during the year. This would diminish misconceptions that
employees cannot request an advance of annual leave, in accordance with appropriate regulations. Moreover, by giving the Employer the option of informing employees of the amount of leave they will accrue during the year by letter, any argument that the computer system cannot accommodate its proposal is circumvented.
b. The Employer's Position
The Employer proposes that annual leave earned during the
leave year be credited to the employee's leave account as it is
earned, in accordance with applicable rules and regulations. Its
proposal is consistent with a similar system for crediting annual
leave that all Department of Defense (DOD) payroll offices will use by 1994. Because it furnishes a leave and earnings chart for
employees to compute and keep track of annual leave every year,
retention of the current practice is unnecessary. Finally, adoption of its proposal would lessen the chance of misunderstandings over whether what is in a leave account is earned leave or part of a credit that needs to be earned.
CONCLUSIONS
Having considered the evidence and arguments on this issue, we are persuaded that the Employer's proposal provides the better
basis for settlement. In our view, the Union's proposal appears
unnecessary. In this regard, the leave and earnings chart that
employees receive to tabulate how much leave they will accrue
during the year should be sufficient to meet employee needs.
Furthermore, the Employer's proposal has the advantage of being
consistent with methods to be used by the DOD in crediting annual
leave in the near future, and should eliminate any misunderstandings which may have arisen under the parties' current provision regarding the advance use of credited leave. For these reasons, we shall order its adoption.
2. Working Temperatures
a. The Union's Position
The Union proposes the following wording:
(a) It is agreed that employees shall not be required to work on outside equipment or under severe weather conditions as
determined by the senior supervisor with mission responsibility,
when such conditions jeopardize the safety and health of the
employee and the mission;
(b) A -25F degree wind/temperature factor is considered unsafe and employees will only work in temperatures exceeding -25F degree for emergency situations.
Its proposal simply maintains the status quo; there is no
evidence of past problems to warrant changing the current wording. Because the Employer may still assign work in emergency situations "if the temperature should fall between -26F and -40F," management retains "complete control" over its right to assign work.
b. The Employer's Position
The Employer proposes that "when the wind chill factor falls
between -26 to -40 degrees, employees will be required to work
outdoors for short periods only if cold weather clothing is
provided. In this temperature range only mission essential work
will be performed."
Unlike the Union's, its proposal would ensure that mission
essential work, such as bringing vehicles or aircraft into the
garages or hangers to perform maintenance, is performed when
specified temperatures occur. This would be done while at the same time protecting employees by providing cold-weather clothing. Moreover, "when the exposure to these temperatures will exceed 15 minutes, a heated tent/shelter or vehicle is made available for warm up." Additionally, "the agency has no intention of requiring work at temperatures below -40 wind chill except when it is determined to be an emergency."
Pursuant to the authority vested in it by the Federal Service Labor-Management Relations Statute, 5 U.S.C. S 7119, and because of the failure of the parties to resolve their dispute during the course of the proceedings instituted under the Panel's regulations, 5 C.F.R. S 2471.6(a) (2), the Federal Service Impasses Panel under S 2471.11(a) of its regulations hereby orders the following:
1. Annual Leave
The parties shall adopt the Employer's proposal.
2. Working Temperatures
The parties shall adopt the Union's proposal.
By direction of the Panel.
Linda A. Lafferty
Executive Director
August 26, 1992
Washington, D.C.