SUMMARY OF DISCUSSION TRI-ANNUAL LABOR MANAGEMENT RELATIONS MEETING REGION...

SUMMARY OF DISCUSSIONTRI-ANNUAL LABOR MANAGEMENT RELATIONS MEETING

REGION IIIJUNE 8-10, 2004

A. LABOR-MANAGEMENT COMMITTEE

1. Impact and implementation bargaining over adding three employees to theDuty Officer rotation in the WH Philadelphia District Office.[Joint Agenda Item]

Attendees:George Ference, Deputy RA-WH Dave Berestecky, NCFLLDebbie DePompeo, LRO Cynthia Peist, NCFLLLucy Buzzone, LRS John Kopsic, NCFLLJoseph McKeefrey, NCFLL John Savine, NCFLL

The union presented its view that other alternatives may be available to theagency that would satisfy the need to increase the number of employeesavailable to provide duty officer coverage without requiring the West ChesterField Office staff to physically report to the Philadelphia District Office.After some discussion, the union presented the agency with five proposals.The agency declared proposal 1 to be non-negotiable; proposal 2 and 3 werealready covered by Article 27, Section H.3; proposal 4 was an existingrequirement in DPR Chapter 430, Section7.e; and the union could exercise itsrights to raise the continuation of the inclusion of additional employees in theduty officer rotation during the June tri-annual meeting. Furthermore, if theagency elected to make a change in this arrangement, it would be required toprovide notification to the RCBC. The union offered no other proposals andthe agency advised the union that it would proceed with implementation.

Action: The agency implemented its proposed change.

2. Impact and implementation bargaining over changes in the structure of theOSHA Area Offices.[Joint Agenda Item]

Attendees:Maria Cassady, Deputy RA-OSHA Dave Berestecky, NCFLLGloria Jacober, ARA-OSHA Cynthia Peist, NCFLLDebbie DePompeo, LRO John Kopsic, NCFLLLucy Buzzone, LRS Joseph McKeefrey, NCFLLJohn Savine, NCFLL

Each office where changes were being proposed by the agency were discussedindividually. The union advised the agency it had no issues with the proposedchanges in the Philadelphia Area Office and implementation could proceed.Issues pertaining to the Allentown Area Office were addressed at the locallevel between Jean Kulp, Acting AD, and Cynthia Peist, local NCFLLRepresentative, including those related to the use of beepers in that office.The only issue of concern in the Wilkes-Barre Area Office dealt with thechange involving the review of case files by the supervisors. The union wasadvised that the office’s intent was to provide verbal feedback initially to theCSHO’s when/if problems were identified and if the problems were of arecurring nature, then feedback would be more formal. The union provided averbal proposal that the errors identified based on the increased review of casefiles not be used against the CSHO’s for a period of six months to allow for atransition period. The agency advised the union that the proposal was non-negotiable. The union offered no other proposals and the agency advised theunion that it would proceed with implementation.

Action: Changes to office structures will be implemented to coincide with theinitiation of the next rating period [October 1, 2004].

B. DEPARTMENT-WIDE

Attendees:Greg Lefever, OASAM Kevin Stricklin, MSHADavid Lotz, OWCP Virginia Harper, OFCCPDebbie DePompeo, LRO Sigmund Kozierachi, NCFLLLucy Buzzone, LRS Pam Galt, NCFLLLyn Dubeck, OASAM Nancy Nolan, NCFLLJohn Kopsic, NCFLL Shelia Watkins, BLSEric Feldman, OLMS John Savine, NCFLLJohn McLoughlin, NCFLL Ronald Pinchorski, NCFLLVaughan Gartin, NCFLL Dave Berestecky, NCFLLCynthia Peist, NCFLL George Ference, WHSalvatore D’Amore, BAT Joseph Hersch, BATKarrie Gericke, ETA Marie Cassady, OSHAGloria Jacober, OSHA

1. Please provide a FY 2004 regional budget update, by agency, including but notlimited to, impact on FTEs, training and equipment. Also, any new FTEs and theoffice(s) they will be assigned. Do any agencies anticipate hiring? If so, whatpositions and at which offices?[Union Agenda Item]

Union Concern: Same as agenda item.

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Management Response:

OASAM received its FY 04 operating plan and it includes a 1% reduction. FTEis 42 (current have 40). There is no expected change in FTE for FY 05. Thetraining budget was reduced somewhat and equipment is purchased as we can. Itis expected there will be an additional reduction this summer. National Officeapproval is needed for any hiring. FY 06 will probably see some drastic cutbacks.

OSHA was funded 7 fewer FTEs (lost through attrition). Currently we have 183FTEs and were at 191. The region was advised a few weeks ago that the NationalOffice is taking 20% of funding back for supplies ($64,000) and equipment($86,000) and that will put the region in a bind for supplies. The region is lookingvery hard at training and travel and if changes not made, the region would belooking at a deficit. We are looking to cut travel where we can, but some thingscannot be postponed, for example an all managers meeting the following week inWashington. The agency is also in a “hiring pause” (not termed a freeze yet)maybe till the end of the FY or even longer.

ETA received less money in the areas of travel, training and supplies. Notincluding FLC, the region has 42 FTEs and there are currently 39 on board. Theregion is in the process of hiring and as part of that we are pursuing employees inETA offices that are closing. Also planning to replace two retirees who will beleaving in June.

BAT received a 15% reduction in travel money for this FY and most of that wasabsorbed in Washington so this is not affecting the regions too much. FTE is 21and nationwide the number of FTEs will go down.

WH has been hit tough with budget because the bulk of the funds are non-discretionary (like salary, benefits, rent) and other items (such as increase in WCF,funding 2% of the 4% pay increase) have all chopped away from flat budget. Dueto increases in rent and other costs, we have a 20% reduction in DO discretionaryfunds. The priority is to fund travel and compliance assistance activities.Training is being kept to a minimum and equipment is being replaced whendetermined necessary. There is no information available for FY 2005. Currently,the agency is in a hiring pause.

OFCCP took a reduction in funding (travel, training and supplies). Blanket travelauthorizations have been held back and travel is being approved through use ofspecific travel authorizations so the agency can monitor the money being spent.One FTE was lost and positions are not being filled. The region’s FTE is 73 and71 are currently on board. There is an expectation that the national office willpull back some additional funds.

OLMS has been given 10 Investigator slots [NULI] for Boston/NY and Buffalo.Nine have already been filled and one remains. There are no changes involving

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the NCFLL bargaining unit. Our budget is in good shape training wise. There isa need to make some space changes in Philadelphia and NY. Additional spacewas secured in NY; two moving down the hall in Phila and the DO will occupy allthe space in the suite. The building in Buffalo that houses the OLMS staff [10employees as of the end of June] is being condemned.

OWCP had no deviations for the FY 2004 budget. All positions are filled. Noinformation is available for FY 2005 or FY 2006.

MSHA has less funding for equipment, travel and supplies. The Districts justreceived their budgets the end of March [six months into the FY]. Prior toreceiving their budgets, some areas were spending at a pace higher than themoney that was ultimately received and now moving some funds to address this.For example, DO 3 purchased some new furniture for an office and now hasoverspent based on budget that was received. National Office approval to do anyhiring is required. MNM is hiring 2; DO 2 is hiring 2; DO 3 is hiring 4; DO 4 ishiring 3; and DO 5 is hiring 4. There is an expectation that some employees willleave the end of June as part of the Early-Out.

BLS as a whole (national level) took a reduction but it did not affect the regions.There was a small reduction in discretionary meeting travel. There is a smallpause in hiring in two divisions and there is one vacancy if the other division.Recently filled three new GS-13 positions [1 management and 2 technical]. Oneis in Mountainside, NJ and the other two positions are in Philadelphia. In FY2005, it is anticipated that the full cost of the pay increase will need to beabsorbed, and there is no expectation that FTEs will be reduced.

Action: None.

2. Provide a listing of agencies within the region that have conducted drug testing onbargaining unit employees for FY 2003 and FY 2004.[Union Agenda Item]


Management Response:

OASAM has not coordinated any random testing.

OSHA did testing in FY 2003 and 2004. Most of the testing was random.Agency initiated testing was conducted with promotions to TDPs (GS-11 for 018and 690 series and new hires at the 11/12 levels). In FY 2003 there were norandom testing and 2 agency initiated testing. In FY 2004 there were 16 randomtesting and 3 agency initiated testing. There was no disciplinary action taken orreferrals to rehabilitation services. Team leaders [GS-13] are in the random pool.

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MSHA conducted testing. Testing is conducted before an AR [AuthorizedRepresentative] card is issued and random testing is conducted after that up to theGS-15 level. There was one position test result in both FY 2003 and FY 2004.Discipline was imposed and employees were required to undergo rehabilitationservices.

No other agencies conducted drug testing.

Action: None.

3. Was the drug testing within the region for FY 2003 and FY 2004 random drugtesting or agency initiated drug testing?[Union Agenda Item]


Management Response: Addressed under #2 above.

Action: None.

4. Provide a listing of the number of affected bargaining unit employees from theaforementioned drug testing for FY 2003 and FY 2004.[Union Agenda Item]



Action: None.

5. Were any of these employees subjected to disciplinary actions or sent forrehabilitative services or counseling?[Union Agenda Item]



Action: None.

6. When the Ergonomic issue was big a few years ago, and OSHA was going to beenforcing Ergonomic standards, the Department made it clear that even if OSHAwas not going to be enforcing the Ergonomic regulations in private industry, thatas a “Model Workplace” ergonomics was an issue of concern, and that properergonomically correct equipment would be purchased, especially as needed. Is

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this still the policy of all agencies within the region? If so, what procedures arerequired to direct the purchase of needed equipment?[Union Agenda Item]


Management Response: There is no DOL-wide established policy.

OASAM – when the regional office moved into the Curtis Center all newequipment was purchased with ergonomics in mind.

OSHA – any furniture purchased across the region is ergonomically correct.

ETA - when the regional office moved into the Curtis Center all new equipmentwas purchased with ergonomics in mind.

BAT – if needed it is purchased.

WH – try to assure new purchases take ergonomics into consideration.Articulated keyboards were purchased for the computers and a few years backchairs were purchased for everyone with the assistance of the OASAM Safety andHealth Officer.

OFCCP – every office has purchased new furniture in the last three years andthese purchases take ergonomics into consideration. Occasionally there is aspecial request for a certain type of chair and if budget allows, it is purchased.

OLMS – bargaining unit employees are involved in the selection of furniture andergonomics is taken into consideration.

OWCP – most offices have been upgraded within the last three years and theoffices work with the local steward and group of employees. Ergonomics is takeninto consideration.

MSHA – look at needs on a case-by-case basis. Funding in the area of equipmentand supplies is down this year but the agency as a whole has tried to get betterchairs and work stations.

BLS – try to handle on an as needed basis. Recently, the agency made a fairlylarge purchase of chairs and had bargaining unit employees try out the chairsbefore purchase made.

Action: None.

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7. Has anything changed in the region in any of the agencies since February 2004regarding outsourcing/contracting out?[Union Agenda Item]


Management Response: The question alludes to competitive sourcing [notoutsourcing or contracting out]. Competitive sourcing process is a unique kind ofinitiative and is one of five of the President’s Management Agendas. OMB givesagencies a scorecard and DOL recently received the highest grade. There is a lotgoing on department-wide in the area of competitive sourcing. MSHA, OSHAand OASAM have been going through the competitive process. OASAM justwent through two competitions and won them [one in the national office and oneaffecting the regions]. An office has been created in Washington in the BusinessOperations Center (BOC) under OASAM Asst. Secretary Pat Pizzella – Office ofCompetitive Sourcing. All the activity in this area has been handled at theNational Level for all agencies.

Action: None.

C. MINE SAFETY AND HEALTH ADMINISTRATION

Attendees:

Kevin Stricklin, MSHA John Kopsic, NCFLLDebbie DePompeo, LRO Vaughan Gartin, NCFLLLucy Buzzone, LRS Ronald Pinchorski, NCFLLSigmund Kozierachi, NCFLL John Savine, NCFLL

1. Do all other MSHA offices in the Philadelphia Region, besides District 1,require all clerical/administrative personnel to attend one of these trainingsessions [the class covers the History of MSHA; GSA Vehicles; MSHAWomen in Mining and What’s New in EFS East; Tour of Mount HopeDistrict’s Air and Dust Lab; Tour of Academy’s Technical Information Centerand Library; Correspondence Training; MSHA’s Internal Safety and HealthProgram; and Computer Training – A Little About Outlook, Word andComputer Cleanup]. The clerical staff in District 1 does not want to attendthis training at the Academy since it is not mandatory. The District Managerstated that he is making this training mandatory regardless of what otherdistricts are doing. The District 1 clerical staff is asking for clarification onthis training being mandatory. If Region 3 does not consider the trainingmandatory, can the District 1 Manager say the training is mandatory inDistrict 1?[Union Agenda Item]


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Management Response: MSHA has a broad training program that coversnearly all of the major occupations and calls for 1 week every year or 2 weeksevery other year. The clerical staff is included and most of them look forwardto attending training. They are given a number of optional dates and can pickwhat week they want to go. They usually chose to go with a co-worker.

M/NM clerical/administrative personnel attend similar training sessions at theAcademy. They have also attended specialized training at the academy aboutevery other year. Although some training may be voluntary, some is not.Management can schedule employees for mandatory training that is believedessential to accomplish the agency’s mission.

In reference to the training initiative memorandum dated June 1998, theTraining Committee mandated training for all MSHA employees. District #1made training mandatory. The Academy has invested a lot of money and timeinto making sure all MSHA employees are properly trained. District 1believes that it is imperative that management supports the initiative and it’svital to the effectiveness of the agency to continue up-grading the skills of theagency’s workforce. District 5’s FY 2004 travel budget restricts participationin this and many other activities. Many scheduled business activities havebeen cancelled due to their current travel budget.

Action: None.

2. What is the status of A&CC plans to implement the accident reporting formsas part of the revised Accident Investigation Procedures?[Union Agenda Item]


Management Response: The RCBC was properly notified on February 18,2004 and no issues were raised by the NCFLL. A&CC implemented theprocedure that incorporated the Case File and Checklist forms into theAccident Investigation Procedure. Employees were notified on March 16,2004 and were given a brief overview of the implementation of the revisedforms on April 14, 2004. The actual programming of the Case File form inthe Center’s LAN-based system was completed and ready for employee useon April 16, 2004, wherein A&CC employees were formally notified via e-mail that the form was ready for use on all future Accident Investigationassignments.

Action: None.

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3. Why are there continuing problems with the new MSHA coveralls, such aspatches sewn on upside down, bad workmanship, and sizes incorrect? Ismanagement monitoring the contract? What, if any action has the agencytaken against the provider?[Union Agenda Item]


Management Response: The purchase of coveralls has recently been takenover by headquarters to take advantage of bulk purchase discounts. Thispractice has recently been adopted by CMS&H in many equipment purchasesto reduce spending on common purchases. Overall, the theory has proven tobe effective. However, due to the ongoing problems with this particularcontract, it may be reconsidered for local purchase in the future.

Action: None.

D. BUREAU OF LABOR STATISTICS

Attendees:

Sheila Watkins, BLS Dave Berestecky, NCFLLDebbie DePompeo, LRO John Kopsic, NCFLLLucy Buzzone, LRS Nancy Nolan, NCFLLCindy Peist, NCFLL Sigmund Kozierachi, NCFLL

1. Have there been any security shortcomings in IDC such as possible break-insto BLS databases by outside sources [hackers]?[Union Agenda Item]


Management Response: The BLS Organizational Chart was distributed tothe NCFLL. David Friedman in the National Office is the “go to” person fordirect access as to what happens on a day-to-day basis. There are tremendoussafeguards in place for monitoring including daily probing. To date, there areno successful hackers and appropriate security features are in place toquarantine any outside sources (worms).

Action: None.

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E. OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

Attendees:

Virginia Harper, OFCCP Dave Berestecky, NCFLLDebbie DePompeo, LRO John Kopsic, NCFLLLucy Buzzone, LRS Nancy Nolan, NCFLLCindy Peist, NCFLL Sigmund Kozierachi, NCFLL

1. Are OFCCP offices in Region III using the attached forms?[Union Agenda Item]

Union Concern: Sane as agenda item.

Management Response: The form referred to is a “Weekly Report – Statusof Current Cases.” Region III is not using this form.

Action: None.

2. Provide a break down of bargaining unit employee PIPs by office for FY 2003and FY 2004.[Union Agenda Item]


Management Response: No bargaining unit employees on PIPs for FY 2003and 2004.

Action: None.

F. VETERANS EMPLOYMENT AND TRAINING SERVICE

Attendees:

Joseph Hortiz, VETS Dave Berestecky, NCFLLDebbie DePompeo, LRO John Kopsic, NCFLLLucy Buzzone, LRS Nancy Nolan, NCFLLCindy Peist, NCFLL Sigmund Kozierachi, NCFLL

1. Provide status of office renovations in the Curtis Center.[Union Agenda Item]


Management Response: The Assistant Secretary would take over VETSoffice in a COOP situation. VETS is opening up another office and small

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conference room. The office layout and hiring of bargaining unit employeeswas discussed with Nancy Nolan.

Action: None.

G. WAGE AND HOUR

Attendees:

George Ferrence, WH Nancy Nolan, NCFLLBruce Sullivan, WH John Kopsic, NCFLLDebbie DePompeo, LRO Dave Berestecky, NCFLLLucy Buzzone, LRS Sigmund Kozierachi, NCFLLPam Galt, NCFLL

1. Recently, Wage & Hour Investigators received IBM ThinkPad laptops toreplace existing agency issued laptops. What, if any, notice to the NCFLL orthe union was provided about this change in working conditions?[Union Agenda Item]


Management Response: Notification was provided to the NCFLL [BarbaraBrandt] at the national level on February 5th and March 8th.

Action: None.

2. Since management failed to provide the required notice will managementagree to bargain over the impact and implementation of this issue? On aregional or sub-regional level?[Union Agenda Item]


Management Response: Everything was handled at the national level and theequipment was purchased nationally. The NCFLL did not request to engagein impact and implementation bargaining.

Action: None.

3. For use with the previous notebooks, WHI’s had been issued a second a/cpower adapter, and were able to plug in a keyboard directly into the computer.Both of these, the extra a/c power adapter and being able to plug in a full sizekeyboard help employees overall, but especially employees with medicalconditions such as carpal tunnel syndrome, joint and back problems. Nowemployees are being told that not only do they have to carry the computer to

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work at flexiplace, but also they now have to also carry the a/c power adapter,and the docking station in order to use the keyboard. Are they any plans tocorrect this issue for all WHI’s in the NE Region? If not, what procedureshould employees take on an individual basis? Should they seek “MedicalAccommodation?”[Union Agenda Item]

Union Concern: Can WHI keep the old laptops and continue to use them?Also, when not on a replicator there are problems with the plugs. Stores selladaptors to turn PS2 to USB port.

Management Response: The Northeast Region purchased an extra powercord and the Northeast was the only region to do so. The current budgetsituation precludes the purchase of a second cord now. Employees need to putcord on top of desk so they do not need to go under the desk to plug it in. Ifadditional funding is received, a second cord will be purchased. Offices havenot been told to send in the old laptops at this point. Currently, we are takingan inventory of what each office has and the offices were instructed to keepthe better of the laptops. Each DO has a budget and any decision to purchaseadaptors should be made by each office. If experiencing a problem with theISDN modem, the instructions are to reboot your computer and if problemcontinues, then contact the help desk.

Action: None.

4. Are these laptops leased or purchased?[Union Agenda Item]


Management Response: The laptops were purchased.

Action: None.

5. Shortcomings of the new laptops and port replicators that have affected theperformance of the W&H Investigators include: external mouse does not workwith the new laptop. The laptop does not have a place to plug in my externalmouse [PS 2 port]; and, when the external mouse is plugged into the portreplicator, the mouse simply does not work. Also, ISDN modem does notwork.[Union Agenda Item]



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Action: None.

6. How is an employee expected to inform the agency that the ESA Helpdesk hasbeen less than helpful? Has this been communicated to bargaining unitemployees? Why not?[Union Agenda Item]


Management Response: Employees should be talking to their supervisorsand the supervisors can contact Theresa Rego if there’s a problem.

Action: None.

7. After receiving help from workers on the Help Desk, W&H Investigator wasadvised that the laptop is to be brought into the Manchester, NH office to beconnected to the LAN in order for the Help Desk to fix the problems. That’s aminimum trip of 180 miles and three hours one way to Manchester, NH. Willagency management authorize travel and time for the laptop to be brought tothe Manchester, NH office? How should the W&H Investigator’s time becharged for this trip?[Union Agenda Item]


Management Response: We cannot speak to the specific instance describedin this agenda item. There are a number of options available to address thesituation.

Action: None.

8. Will the agency provide a desktop PC to each field office? (so that each officehas computer access at times when the laptop fails, and at times when thelaptop is sent out for service?)[Union Agenda Item]


Management Response: This cannot be done because of funding limits.There is a cadre of extra notebooks in Washington. If someone’s notebookgoes down, the National Office will blow in the employee’s settings, federalexpress it to the employee. The employee puts their disabled notebook in thefederal express package and ships the disable notebook back to Washington.If the help desk can not repair it, then a trouble ticket is generated.

Action: None.

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9. Will the agency send field technicians to field offices in response to computerservice needs[Union Agenda Item]


Management Response: This should not be necessary because service needsare done remotely.

Action: None.

10. What training, if any, will the agency provide to employees on the new laptopand its associated program features?[Union Agenda Item]


Management Response: Employees should read the accompanying manual.There should not be any significant differences. All the programs, etc are thesame.

Action: None.

11. If the helpdesk issues a directive to an agency employee what legitimacy orweight does it carry? Is this directive from the ESA help desk run past theNCFLL for review or comment?[Union Agenda Item]


Management Response: The help desk is the first line of contact. We do notknow what type of directive they would be issuing. It should not be anythingmore than explaining to an employee what steps to follow.

Action: None.

12. Have local managers been replaced by the ESA Helpdesk in supervising anddirecting bargaining unit employees?[Union Agenda Item]


Management Response: No.

Action: None.

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13. Is regional agency management aware of problems encountered during thismost recent roll out of computer hardware? If yes, detail the problemsencountered and reported. If not, why not?[Union Agenda Item]


Management Response: We are not aware of any systemic problems. Thebiggest issue was employees copying personal files onto a CD and some ofthe CDs were not formatted and some were not sure how to copy. The onlyother issue was lack of sound.

Action: None.

14. How many complaints were brought to management’s attention within theregion? What is the nature of these complaints?[Union Agenda Item]


Management Response: Everything went fairly smoothly. We do not have arecord of the number or nature of problems.

Action: None.

15. With respect to the notice from Theresa Rego that we cannot use the powercords from our old laptops on the new ones, and because we were given twopower cords to prevent WHIs from having to crawl under their desks andaround other equipment, will we be provided with an additional power cordfor each of the new laptops?[Union Agenda Item]


Management Response: Already addressed under previous agenda item.

Action: None.

16. At the last LMR, management indicated that DOL is considering co-locatingthe Providence BAT office with the Providence WH office (This response isnot indicated on management’s version of the minutes). What is the status ofthis co-location? GSA obtained a quote for the work and submitted the quoteto BAT, yet the Providence office has heard nothing further.[Union Agenda Item]

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Management Response: WH was approached about co-locating one BATemployee who was the sole DOL employee not within the facility. At thattime, WH had space and notification was provided to the RCBC. Since thattime, WH was informed that BAT is looking at other alternatives so as of nowthe matter has been tabled.

Action: None.

17. What are the agency’s plans to consolidate and/or close field stations or AOsthroughout the Northeast Region?[Union Agenda Item]


Management Response: None.

Action: None.

18. For those employees affected by the closing of the Area Offices, will they bepermitted to work out of their residences?[Union Agenda Item]


Management Response: Not applicable.

Action: None.

19. Would this be considered a permanent flexi-place arrangement?[Union Agenda Item]


Management Response: Not applicable.

Action: None.

20. What is the current FTE end number FTE for the close of the fiscal year forthe Northeast Region and the Big Apple Division? [Union Agenda Item]


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Management Response: Last count the total was 322 with 156 in the BigApple.

Action: None.

21. Are there any plans to hire more employees in the Northeast Region this FYor next? If yes, where will these positions be placed? How many will beassigned to the Big Apple Division?[Union Agenda Item]


Management Response: The Administrator talked about being committed to30 new hires a year. That has been fairly consistent, but right now due tocurrent budget situation, we are not in a position to say that 30 will be met.

Action: None.

22. What is the status of hiring 30 FTE WHIs [February 2004 Tri-Annualmanagement statement]?[Union Agenda item]



Action: None.

23. Has the Wage and Hour asked for waivers to backfill positions?[Union Agenda Item]


Management Response: There have been some where we have asked forthem [Philadelphia DO lost 1 clerical and the other is on maternity leave and awaiver was granted in that situation]. Where it is appropriate the regionwould request a waiver to backfill a position.

Action: None.

24. Has the Department looked at upward mobility as a means of backfillingpositions (career enhancement programs)? There are possibilities for upwardmobility in the Northeast Region to backfill some of the Investigator positionswe have lost.[Union Agenda Item]

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Management Response: This would create a domino effect. When you movesomeone up, then you create a whole somewhere else. The program has beenused in the past and would use in the future. This would also be subject to thewaiver requirement.

Action: None.

25. How many Northeast Region employees have taken or are taking the EarlyOut Retirement? How many in the Big Apple Division? How many of theseemployees are Investigators?[Union Agenda Item]


Management Response: This number is changing as we get closer to theEarly Out date. Total right now is 7 and 3 are in the Big Apple. All 7 areinvestigators. The attrition level is more than the hiring level.

Action: None.

26. Since the Oxford American Dictionary defines “moot” as “debatable,undecided,” please clarify the status of the FLS position as it exists in theNortheast Region.[Union Agenda Item]

Union Concern: Did the duties change?

Management Response: The position description for the GS-13 regionalagriculture specialist was provided to the union at the last tri-annual meeting.There are agriculture team leaders in the majority of DOs and under AOwhere a sufficient concentration of FL work can support them. The FLposition as it was known no longer exists in the NE Region. The dutiesdefinitely changed.

Action: None.

27. Provide a copy of Reg. Part 42.[Union Agenda Item]


Management Response: Distributed a copy of Part 42 regulations.

Action: None.

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28. Why isn’t the evaluation instrument for Jim Mooney the same as that for aWHI?[Union Agenda Item]


Management Response: He is not a WHI. He is in a different grade, positiondescription, and has different performance standards. The position was notadvertised and filled as an investigator.

Action: None.

29. Is Joe O’Connor’s evaluation instrument the same as Jim Mooney’s?[Union Agenda Item]


Management Response: Joe O’Connor has the same standards and WHI andhas been the same for many years. His are the same as all other WHIs in theNE Region.

Action: None.

30. What is the legal status of the authority of the Richie decision which (atReg.Part 42.21) set forth the duties of the Farm Labor Specialist?[Union Agenda Item]


Management Response: Part 42 is out dated in many respects. Many thingshave changed. Several proposed rules have been published to change them,but none have been adopted. FL enforcement for at least the last 10 years hasbeen included as part of the WH performance plan and goals and the agencyhas every intention of meeting those goals. Management is available to meetwith Mr. O’Connor and discuss his status.

Action: Follow-up to try and determine when Mr. O’Connor switched.

31. Does the OPM designated position series 0249 cover both the RegionalAgriculture Specialist and Farm Labor Specialist positions?[Union Agenda Item]


Management Response: Both positions are classified in the 0249 series.

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Action: None.

32. Are the positions of FMLA Specialist (Dodds) and Government ContractsSpecialist (Lopez-Mena, Watson) included in the 0249 series?[Union Agenda Item]


Management Response: There is no FMLA Specialist. Dodds is theenforcement coordinator incorporates FMLA. Watson is not in the 0249series. He is a 0210 series. That changed when he went from a team leader toa manager.

Action: None.

33. Do all DOL offices celebrate admin day or secretary’s week? I know that inthis office is doesn’t get recognized. Is there a special reason why?[Union Agenda Item]


Management Response: There is no edict that requires DOL offices tocelebrate admin day or secretary’s week. There is no DOL policy. It is up tothe individual. Some are more in tune than others. There is no special reasonwhy an office would not recognize it.

Action: None.

34. When extra talents are used on your job why doesn’t your boss give you meritfor it?[Union Agenda Item]

Union Concern: Two employees in NY are support staff and are being calledupon to interpret WHI interviews.

Management Response: Not sure how to address this issue. The agency triesto use the award program as appropriate. We look at our managers andwhether they are using the available programs.

Action: None.

35. If management is requiring everyone to sign in and out on the locator sheetwhen in the office or in the field, then why is it that some investigators areexempt from this office rule?[Union Agenda Item]

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Union Concern: This is occurring in the Mountainside Office.

Management Response: This should not occur but without knowing thespecifics, it’s not possible to look into the situation. Not all offices havelocator sheets.

Action: Follow-up on the Mountainside Office. [Subsequent to the meeting,contact was made with the Mountainside Office. None of the investigativestaff is exempt from the DO sign in and out requirements. Memoranda havebeen given to all staff and everyone is required to comply.]

36. At times it’s difficult to know where management is when they don’t sayanything or sign out on the locator sheet (meeting, outreach, etc.). So why ismanagement exempt from its’ own rule on signing in and out?[Union Agenda Item]


Management Response: A manager should be in the office at all times. Themanager may not be available, but it is understood that a cell phone number isavailable where they can be contacted. The manager should be somehowcontactable.

Action: Verify that the manager is somehow contactable. [Subsequent to themeeting, the office was contacted and confirmed that the DD leaves his cellphone number for individuals to call should a work emergencysituation/question come up while he is out of the office.]

37. Why does management allow certain Investigators privileges to self assigntheir own case files while most are not permitted?[Union Agenda Item]


Management Response: Investigators should not have self-assignmentprivileges and the regional office would like to know the office where this ishappening.

Action: Follow-up with DOs on this issue and re-visit to assure consistencyfrom office to office when WHI can assign cases to themselves.

38. Why does management keep assigning complex cases (H1B, H2A, MSPA,SCA, DAVIS-BACON) to the same Investigators and not fairly distribute temamong grade 12s?[Union Agenda Item]

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Management Response: Expectation that all GS-12 are capable to do the fullrange of investigations, including the specialized areas. Typically, you havesome employees who develop an expertise in a particular area and they mayget more of that type of case. Some situations are based on efficiency ofscale, EPA, HIB which are pretty specialized and not the usual case. Onceyou have someone up and running you may tend to keep those cases with thatperson so you do not have to retrain person after person.

Action: None.

39. Why doesn’t RSOL Attorneys visit outlying WH DO’s/AO’s to conductinformal JRC’s, and discuss potential litigation cases with INV’s, as was donein the past?[Union Agenda Item]


Management Response: In the history of the NE Region, NY SOL office wasthe only area that this occurred. It did not happen in the same fashion withPhiladelphia and Boston. About 7-8 years ago the NY SOL stopped doinginformal JRC in distant DOs. They continued in NYC, Long Island and areasimmediately adjacent to NY. When an attorney is otherwise in the distantlocations, they will do them while they are in the area.

Action: None.

40. Explain and discuss the reason why all references to Wage & Hour have beenremoved from the Buffalo phone books (even the US WAGE # is missing).[Union Agenda Item]


Management Response: This should not have happened and the region willlook into it. The US Wage # should be the published telephone number.Unfortunately, this will not be corrected until the phone company republishesthe directory.

Action: Look into and correct the problem. [Problem has been brought to theattention of appropriate officials to be corrected with the next publishing ofthe phone book].

41. Follow-up on the WH agenda item #21 from Feb LMR regarding theclassification of the WHISARD Case Review database as a system of records.

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In its written response, management notes that the information is exempt fromdisclosure from the Privacy Act, which presumes that the information isactually covered by the Privacy Act. Management further notes that thisrecord is considered part of the deliberative process and is therefore coveredunder OPM/GOVT-2. There is an apparent contradiction in this response andwe are seeking clarification. OPM/GOVT-2 subsection 1 note 4, 4th paragraphstates that it is the position of the Office (OPM) that supervisory notes (infoover which the agency has no control and does not require or describe in itsperformance system and which are for the sole and personal use of thesupervisor and are not provided to other persons) are not subject to thePrivacy Act. Management has stated that the Case Review database isvoluntary, not mandatory, that access is limited to the supervisor and theemployee. Is it management’s position that the Case Review database is anelectronic version of supervisory notes or it is management’s position that theCase Review database is an SOR covered by the Privacy Act? Follow-upquestions are anticipated depending on management’s response to thisquestion.[Union Agenda Item]


Management Response: The matter has been referred to the SOL office forresponse.

Action: Share SOL response when received.

42. During the February LMR, agency management confirmed that theWHISARD case review screen was a system of records (SOR) covered by thePrivacy Act. However, it was already covered under the category ofmanagers’ files on their employees. Article 21, Section 3 states that workingfiles are subject to the Privacy Act. Is it everyone’s understanding here thatthis is referring to the SOR designated “DOL/OSEC – 1, Supervisor’s Recordsof Employees?”[Union Agenda Item]




43. Follow-up on WH agenda item #21 from Feb. LMR regarding the WHISARDCase Review database. In its response, management stated that the recordscontained in the Case Review database are to be retained for one year. Please

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explain what procedure is in place to ensure that these records are expungedafter one year.[Union Agenda Item]


Management Response: The region verified that the records will beexpunged three months after the end of the FY.

Action: None.

44. Aside from the question of whether management is complying with Article21, Section 3.C, disposing of the screen after the performance evaluation, thequestion is whether the WHISARD case review program is in violation of thePrivacy Act (e.g., routine uses, matching, statistical compilations). Providesomeone to speak on this issue.[Union Agenda Item]




45. The issue of GSA vehicles has come up yet again in Wage & Hour. Regionalagency management does not seem to take into consideration any unavoidablesituations that might arise with their use. For example, in the Richmond DO,there are two vehicles (one in Roanoke and one in Norfolk). The office inRoanoke had a lull in its use due to an expired state registration. As such,regional agency management has acting impulsively and removed the vehiclesfrom their current locations.[Union Agenda Item]


Management Response: The factors raised in the item are taken intoconsideration and the region has not acted impulsively in the removal ofGOVs. A couple of years ago the region and the NCFLL negotiated an MOUon the reduction of GOVs. We are looking at GOV usage against the GSArequirements. The region will follow-up with offices where the number ofmiles is not at the benchmark [benchmark is easily retrievable based onrecords maintained]. Regional agency management has not removed anyvehicles from Roanoke or Norfolk.

Action: None.

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46. Due to the nature of investigations, the mileage and use of one GOV hasdeclined significantly which regional agency management does not take intoconsideration. Looking at the use of the GSA vehicle at one particularsnapshot in time does not give the full picture. Should there not beallowances for the fluctuation in use without fear of losing the vehiclescompletely?[Union Agenda Item]


Management Response: When reviewing GOV usage, the region does askthe DO if the number of miles is representative of the vehicles usage.

Action: None.

47. Have any clerical positions been outsourced by WH in the Northeast Region?This happened in the Cleveland W&H Office.[Union Agenda Item]


Management Response: No. And the agency is unaware of anything thathappened in Cleveland.

Action: None.

48. Provide a listing of all bargaining unit employee PIPs for FY 2003 and 2004,and performance based adverse actions taken in the NE Region, broken downby DO.[Union Agenda Item]


Management Response: There were 3 PIPs in FY 2003 and none in FY 2004.

Action: None.

49. There appears to be some confusion regarding the issuance of the CA-16 forOJIs. The supervisor’s desk reference #18 states that the CA-16 should befilled out and provided to the employee prior to receiving medical treatment(absent a critical injury requiring immediate care). However, the instructionchecklist provided to the supervisors after the filing of a CA-1 states that theCA-16 should be provided at the employee’s request. What is the procedurefor obtaining a CA-16 and how will this be communicated to management andBU employees?

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[Union Agenda Item]


Management Response: Any misinformation will be cleared up.

Action: Follow-up to see which instruction is correct.

H. EMPLOYEE BENEFITS AND SECURITY ADMINISTRATION

NOTE: UNION WITHDREW ALL THE EBSA AGENDA ITEMS THE DAY OFTHE MEETING.

1. What is the status of posting the next GS-12 for the Benefit’s Advisor?[Union Agenda Item]

2. Explain the purpose of the Gallop data merge process in the new TAIS systemand it’s impact on the BA’s performance standards.[Union Agenda Item]

3. What is the status of the “Baseline [ECP] Project?”[Union Agenda Item]

4. For brankruptcy cases, once a proof of claim is filed [PC], why isn’t the caseclosed?[Union Agenda Item]

5. In other EBSA regional offices, the Solicitor’s Office prepares the POC’s.Has there been a policy change directing investigator’s to prepare the POC’s?[Union Agenda Item]

6. What is the status of EBSA developing a training module pertaining to healthcase issues and investigations?[Union Agenda Item]

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I. OFFICE OF WORKERS COMPENSATION PROGRAMS

NOTE: DUE TO THE DECLARATION OF JUNE 11, 2003 AS A FEDERALHOLIDAY, THE UNION ELECTED TO DEFER ALL THE OWCP AGENDAITEMS UNTIL THE SEPTEMBER 2003 MEETING.

1. Provide a breakdown of bargaining unit employee PIPs by office for FY 2003and FY 2004.[Union Agenda Item]

2. When will Region III fall below the present ceilings (this fiscal year [2004] orthe following fiscal year) with people retiring under the early out? [Union Agenda Item]

3. What offices are to [targeted] receive staff for FY 2004 & FY 2005? Providebreakdown by office.[Union Agenda Item]

4. Will this address the concerns of the offices with the heaviest workloads?[Union Agenda Item]

5. When would these vacancies be announced?[Union Agenda Item]

6. What is the status of the workload reassignment at Charleston DO? Oneperson has retired and one will be retiring under the early out provisions. Willthese two positions be posted? If these positions are not going to be filled,will the workload be transferred back to Parkersburg?[Union Agenda Item]

7. In Parkersburg, one position [claims examiner] has been vacant since FY2003. Will this position be filled to reduce the workloads in that office?[Union Agenda Item]

8. Status of the problems with ACS at the regional level?[Union Agenda Item]

9. Does the hospital have to specify how long a patient is expected to behospitalized?[Union Agenda Item]

10. Why is there any review of the case after the surgery is approved throughACS? How does the claims examiner know that the claimant has had multiplesurgeries on the same injury?[Union Agenda Item]

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11. Why are the claims examiners directed to inform the claimants and providersthat ACS is the agency’s central bill pay system instead of telling them thetruth that it is a private contractor while the FECA website states that ACS is aprivate contractor?[Union Agenda Item]

J. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

NOTE: DUE TO THE DECLARATION OF JUNE 11, 2003 AS A FEDERALHOLIDAY, THE UNION ELECTED TO DEFER ALL THE OSHA AGENDAITEMS UNTIL THE SEPTEMBER 2003 MEETING.

1. What is the status of the Erie Office relocation?[Union Agenda Item]

2. Are there any offices in Region III that have shower facilities or access tosuch facilities? Please identify office(s).[Union Agenda Item]

3. Are there any offices in Region III that have locker facilities or access to suchfacilities? Please identify office(s).[Union Agenda Item]

4. For those offices that do not have shower or locker facilities, has any thought,discussion or planning been conducted to provide such facilities for thepurpose of controlling our employees, and their love ones, exposure tohazardous materials? Please share any available information with the union.[Union Agenda Item]

5. Have any surveys been conducted of our offices to evaluate the availabilityand adequacy of personal protective equipment? (e.g., waterproof boots, rainsuits, corrosive liquid resistant clothing, flame retardant clothing, weldingglasses, goggles, face shields, visibility vests, life vests, safety harnesses,respiratory protection, etc.) Please share any available information regardingsuch a survey with the union.[Union Agenda Item]

6. Is adequate protective clothing available for the prevention of exposure tohazardous and carcinogenic material? Please describe the type of clothingavailable in each Area Office.[Union Agenda Item]

7. Are there any offices in Region III that have facilities for launderingprotective clothing and/or street clothing contaminated with hazardousmaterials (e.g. washer & dryer)? Please identify offices(s).[Union Agenda Item]

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8. For the offices that do not have laundering facilities, please indicate thoseoffices that have made alternative arrangements (e.g., contract with localcleaners) for laundering contaminated clothing. Please be prepared to discussthe details of these arrangements.[Union Agenda Item]

9. For those offices that have not made any arrangements for laundering clothingcontaminated with hazardous substances (e.g., arsenic, asbestos, beryllium,cadmium, lead, manganese, coke oven emissions, blood borne pathogens, etc.)please indicate when such a program can be expected to be implemented.[Union Agenda Item]

10. For calendar years 2000 through 2004 please indicate the total number ofoffices in Region III that were drug tested, including the date of the officeswere tested.[Union Agenda Item]

11. Please identify the number of employees scheduled for drug testing in each ofthese offices and the number of employees per office that were actuallytested?[Union Agenda Item]

12. Please indicate the number of positive tests broken down by year and office.[Union Agenda Item]

13. Please provide and discuss any Regional policy for addressing the use of fouror more consecutive sick days by an employee and indicate the date suchguidelines went into effect.[Union Agenda Item]

14. Please provide the rationale behind such guidelines.[Union Agenda Item]

15. Please provide copies to the union of all rules and regulations, which supportthis policy, including laws addressing any associated privacy issues.[Union Agenda Item]

16. If no regional guidelines have been issued addressing the subject of using fouror more consecutive sick days, please provide the policy for each office.[Union Agenda Item]

17. What are the future prospects for an all-employee conference?

[Union Agenda Item]

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18. At present, how many bargaining unit employees within Region III have optedfor beryllium testing and please provide the current schedule for the berylliumtests.[Union Agenda Item]

19. Due to occasional problems with some PHS contractors’ ability to draw blood,can alternative arrangements be made for the beryllium blood draw shouldthat be an issue?[Union Agenda Item]

20. Please provide a status report on the Regional safety and health program.[Union Agenda Item]

21. Are there any plans to add additional Compliance Assistant Specialists in theRegion? If so, in what office(s)?[Union Agenda Item]

22. Please give the current number of bargaining unit employees in Region III thathave been granted a “waiver” due to their inability to pass the CSHO physical.[Union Agenda Item]

23. Please provide the number of employees in Region III currently on an“accommodation” due to failure to pass the CSHO physical.[Union Agenda Item]

24. What is OSHA’s guidelines pertaining to the photocopying of outsidedocuments that are not copy right protected?[Union Agenda Item]

K. EMPLOYMENT AND TRAINING ADMINISTRATION

NOTE: DUE TO THE DECLARATION OF JUNE 11, 2003 AS A FEDERALHOLIDAY, THE UNION ELECTED TO DEFER ALL THE ETA AGENDA ITEMSUNTIL THE SEPTEMBER 2003 MEETING.

1. What is the status of the FLCU Reorganization?[Union Agenda Item]

2. How many positions [bargaining unit and management] will be lost duringthis reorganization?[Union Agenda Item]

3. Does ETA monitor any functions of the individual computers of its employeesat the regional office?[Union Agenda Item]

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L. OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATIONAND MANAGEMENT

NOTE: DUE TO THE DECLARATION OF JUNE 11, 2003 AS A FEDERALHOLIDAY, THE UNION ELECTED TO DEFER ALL THE OASAM AGENDAITEMS UNTIL THE SEPTEMBER 2003 MEETING.

1. What is the status of implementing the AED and the associated training?[Union Agenda Item]

2. There are still employees who have been missing from the Region IIITelephone Directory for the past two years. Why? Can this telephonedirector be placed on the regional Labornet?[Union Agenda Item]

3. Please provide an update on the efforts to establish quarterly distribution oftransit passes in the Pittsburgh area.[Union Agenda Item]

4. What is the status of the OPM audit of the Department?[Union Agenda Item]

5. Please provide documentation that TSP deposits for pp 25 & 26 were in factmade retroactively (follow-up item from previous Tri-Annual).[Union Agenda Item]

6. What is the status of the Pittsburgh Occupation Tax reimbursement?[Union Agenda Item]

7. Why hasn’t the RCBC been receiving the “certificate of eligibles” for thevacancy announcements?[Union Agenda Item]

8. In February’s [2004] LMR Tri-Annual notes there were several areas that hadbeen discussed, but there was no recording of the discussion in the recentrelease of the LMR Tri-Annual notes. For instance, there is no mention in theWage & Hour question on the office closings that the agency was consideringco-locating BAT with WH in Providence. This one area was discussed atlength; it was never addressed in the written notes. Shouldn’t the discussionat February’s LMR Tri-Annual been in the notes? The question would be:why is management censoring the LMR Tri-Annual meeting minutes?[Union Agenda Item]

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SUMMARY OF DISCUSSION TRI-ANNUAL LABOR MANAGEMENT RELATIONS MEETING REGION...

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Transcript of SUMMARY OF DISCUSSION TRI-ANNUAL LABOR MANAGEMENT RELATIONS MEETING REGION...