ANOTHER WIN FOR AFGE!!! HERE ARE THE RESULTS OF THE ARBITRATION HEARING THAT NATIONAL WENT THROUGH WITH TSA OVER CONTRACT ISSUES...read below: FROM THE TSO VOICE: AFGE Achieves Important Wins in Historic Interest Arbitration at TSA AFGE achieved important wins in a historic interest arbitration case on March 17, 2014, when the panel of neutrals, or arbitrators, issued its decision regarding provisions of the contract that the parties were unable to agree upon during the negotiations. After six days of hearing in April, May and July of last year, which produced a transcript that was 1,506 pages and post-hearing briefs submitted by each party to the arbitrators that were at least 100 pages, with over 100 cases cited, the panel issued the following award and decision: TSA Must Provide Specific Information During Shift Bidding The panel agreed with AFGE’s position that the opportunity to work at a particular checkpoint or baggage location is important to the bargaining unit employees for a variety of reasons and that “[m]anagement should be encouraged to allow such bidding in those airports where it is operationally feasible.” Now, the contract places an affirmative duty on TSA to consider whether such bidding is operationally feasible. During the shift bidding process, TSA must provide information about specific terminal location in an airport that has more than one terminal, and TSA must include specific checkpoint and baggage locations where it is operationally feasible and such information is not currently included. TSA Must Establish Work Group on TSOs Bidding to Change Certifications (baggage to pax or vice versa) TSA must create a working group of bargaining unit employees and management officials to make recommendations on the feasibility of allowing employees to bid to change certifications from passenger certified to baggage certified or vice versa or obtain both certifications. If TSA fails to adopt any recommendation of the working group, the agency must provide, in writing, the reason why the proposal was not adopted. Parking Subsidies Increased at Airports Participating in the Parking Subsidy Program TSA must increase the parking subsidy provided to employees by $10 dollars at airports that participate in the parking subsidy program. The panel acknowledged that the cost of parking was a major issue in the dispute between AFGE and TSA, and that the cost at some airports is “sky high,” which imposes a financial burden on TSOs. The panel also found credible that the cost of parking affects both morale and retention of TSOs, a point that the panel noted even the agency conceded. Yet, the panel did not agree to provide free parking for all TSOs because it ruled the cost was too great with the financial constraints the agency faces. AFGE May Request the Addition of More Airports to the Parking Subsidy Program AFGE may petition TSA to increase the number of airports that participate in the parking subsidy program, so the parking subsidy is available to more employees. The panel decided that in balancing the union’s interest for free parking and the agency’s interest regarding cost, that an expansion of the parking subsidy program to more airports is “warranted.” Now, the contract will allow the union to submit a petition to TSA to add airports where it can establish that the addition of the airport meets TSA’s policy for inclusion in the parking subsidy program. TSA Must Adjust Employees’ Schedules for Representation Purposes TSA must adjust the schedule and tour of duty of the union representative or the affected represented employee to attend meetings scheduled by management or neutral third party. The Pistole Determination provides for the union representative to attend formal meetings and represent employees. As the union argued and the panel agreed, other agencies, including the Federal Aviation Administration (FAA), agreed to adjust schedules, and TSA could do the same. AFGE Must Be an Equal Partner in Selecting Employees for TSA Committees TSA and AFGE will jointly select bargaining unit employees to serve as committee members of: the National Advisory Council, the Diversity Advisory Council, Employee Advisory Councils, Safety Action Committee, scheduling committee, and other committees, tasks forces, and groups of employees that deal with topics within the scope of bargaining. New Bargaining Is Possible When TSA Makes a Change that Affects An Issue Covered by the CBA The panel imposed a provision that TSA must allow for mid-term bargaining (bargaining during the term of a CBA) if TSA makes a change to a subject that is not excluded from bargaining and that change has a collateral impact on the collective bargaining agreement. This provides the union with the ability to further protect the terms of the CBA.
Posted on: Mon, 17 Mar 2014 20:13:20 +0000