Supervisors and managers are responsible for following all applicable laws and agency regulations, as well as your office’s Collective Bargaining Agreement (CBA), in how they treat you, as the employee. If they don’t, both you and the IFPTE local that represents you have a right to seek remedy by filing a grievance.
​
Most grievances begin with a complaint from an employee. An example of a possible grievance could be a supervisor denying telework to an employee where telework in their office is guaranteed through a negotiated agreement. Certain complaints may be excluded from the grievance procedures, either by law or by specific language within your CBA. If you think you might have a valid complaint, the union can assist in identifying if a violation of law, regulation, or the CBA has occurred, as well as help in identifying possible remedies. Discussing a possible grievance is not a commitment to file a grievance, so if you believe a violation has occurred, don’t hesitate to reach out to your union representative.

Also, as a reminder, your CBA identifies specific rights for both you (as the employee) and your employer, and it should also include a well-defined process for handling grievances. If you want to better understand your rights in the workplace, ask your local union rep to provide you with a copy of your office’s CBA for your reference.

An Unfair Labor Practice (ULP) is a violation of the union-management relationship as established in law. A ULP can be filed against either the agency or against the union if a violation by either entity has occurred. Specific types of violations that are considered ULPs can be found in 5 U.S.C. 7116 (https://www.law.cornell.edu/uscode/text/5/7116).

A common type of ULP is when a supervisor fails to notify and consult the union prior to implementing changes that materially affect the working conditions of an employee who is represented by that union. Examples include a supervisor-imposed change of an employee’s work schedule or a supervisor-imposed change of an employee’s cubicle assignment. Can you think of other changes in working conditions that have been implemented in your office?

If you are aware of a possible violation that has occurred in your office, please notify your local union rep, so they can consult with you about options for filing a ULP on your behalf with the Federal Labor Relations Authority (FLRA). Note that as a bargaining-unit employee, your union is obligated to represent your interests in matters concerning ULPs (or grievances for that matter), regardless of whether or not you have made the decision to join the union. Be aware that there is a strictly-enforced 6-month time limit for filing a ULP, so don’t hesitate in reaching out!

Title 5 of the United States Code, Part III, Subpart F, Chapter 71, Subsection 7114 establishes the rights to representation in the federal sector labor organizations: “A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.”

Why is this important? This language establishes both your right as a bargaining unit employee to be represented by the union designated as the exclusive representative in your workplace (regardless of whether or not you have made the decision to join the union), and it establishes the rights and responsibilities necessary for your local union representatives (i.e., your fellow employees) to represent your interests.

So remember, if you encounter a personnel policy or other conditions of employment that you believe unfairly affect you, reach out to your local union representatives. They’ve got your back!

​On August 4, a report from Axios shed light on the Biden Administration's push to bring an end to the remote work era, as communicated in an email from White House Chief of Staff Jeff Zients to the Cabinet (source: Axios). This development has raised numerous questions and concerns among USACE employees regarding the implications it holds for existing telework arrangements.

It's important to emphasize that supervisors cannot interpret the news of Mr. Zients's email as giving them carte blanche to unilaterally modify telework policies or practices. Management in your office has an obligation to continue to operate in a professional manner, in accordance with any existing telework agreements until/unless there is an official change in agency policy followed by an opportunity for the union to bargain the implementation of those changes at the local level.

If you have any questions or concerns regarding the state of telework policy in your office, please do not hesitate to reach out to your local union representative. Your union is here to support and advocate for your rights and interests.

Statements in response from IFPTE President Matt Biggs and other IFPTE leaders can be found here.

​If you find yourself in an investigatory meeting and management begins to ask questions that you believe could lead to disciplinary action, you have the right to invoke your “Weingarten Rights.” Weingarten Rights allow bargaining unit employees (like you) the right to have their union representative present during an interview or questioning if you make a clear request for union representation.

However, statement/questions such as “I’m here without representation” or “Do I need union representation?” do not qualify as requests for a union representative. Also, be aware that management has no obligation to advise you of your rights either immediately before or during questioning. Their only obligations are to notify you of your Weingarten Rights at least once per year and to respect your request for union representation when/if you invoke it. It is up to the employee (you) to call for a pause to a meeting to invoke your Weingarten Rights when you feel it is necessary. Also note that simply invoking your rights for a union representative cannot be grounds for discipline or dismissal.

Once you have invoked your rights to have a union representative present, the employer must either grant your request, terminate the interview, or obtain your permission to continue without your union representative present. Prior to the investigatory meeting resuming, the employer also must allow your union representative a pre-interview conference with you. Your union representative can then provide “advice and assistance” during the investigatory interview once it resumes.

On 18 JUL, USACE-Headquarters put out OPORD 2023-41 with its stated mission being “USACE Civil Works will implement lock and dam remote operations on Inland Marine Transportation System (IMTS) and develop a transition and training plan for existing staff.” To advance this initiative, USACE leadership intends to establish a Governance Board led by USACE-Headquarters by 31 AUG and to provide “at least $20 million of O&M funding annually for the implementation of lock and dam remote operations” going forward.

Many lock-operator jobs are in rural areas where good jobs with benefits are hard to find, and many of these jobs are held by veterans who have dedicated themselves to protecting their fellow Americans. These lock operators provide a valuable service to the nation, serving as the eyes and ears necessary to ensure the safe transit of more than 630 million tons of cargo per year across 11,000 miles of inland waterways. IFPTE is committed to advocating for and, where possible, bargaining to protect the jobs of our fellow USACE employees.

Please reach out to your local union representative if you have questions or concerns about the future of your position with USACE.
[link to OPORD 2023-41]

The federal workforce is subject to a four-tiered pension under the Civil Service Retirement System (CSRS) and three different tiers of the Federal Employees’ Retirement System (FERS). You can find which tier you’re in by looking at Block 30 of your most recent SF-50. Within FERS, employees hired in 2013 under FERS-Revised Annuity Employees (RAE) are paying 2.3% more than those hired earlier, and those hired after 2014 under FERS-Further Revised Annuity Employees (FRAE) are paying 3.6% more. But despite paying more, neither FERS-RAE nor FERS-FRAE employees have any corresponding benefit increase.
​
To make matters worse, coding errors have recently been identified throughout DoD with many employees having been assigned to the wrong FERS tier and, as a result, receiving either an overpayment or underpayment of salary due to the difference in contribution rates.

If you’ve received a notification that you’ve been miscoded, please reach out to your local union representative for help in getting a fair resolution of the issue.

The purpose of this newsletter is to provide representational information to bargaining-unit employees of the U.S. Army Corps of Engineers (USACE) who are represented in their workplace by the International Federation of Professional and Technical Engineers (IFPTE). IFPTE is a union representing more than 90,000 working people in North America. More than 4,000 USACE employees across 16 different districts, divisions, labs, and support offices are represented by various IFPTE “locals.” If you are in one of these bargaining units, our union represents you and is committed to advocating for your interests in the workplace, regardless of whether or not you have made the decision to sign up as a member. And we want to hear from you, our fellow USACE employees.

To help us better represent your interests in the workplace and provide you with the most relevant information available, please fill out our brief survey: [link to the survey]

An ad hoc committee of federal employees from various unions and agencies are circulating the Open Letter below to build pressure to ensure Ernest DuBester's confirmation to the Federal Labor Relations Authority before the end of 2022. Here, ACEcouncil.org hosts the letter while we begin collecting signatures. Please complete this form to add your name and to pledge your support for a functional board at the FLRA.

Dear Senator Schumer,

As federal public servants and supporters, we are urging you to ensure President Biden’s nominee to the Federal Labor Relations Authority (FLRA), Mr. Ernest DuBester, is confirmed by the end of this year.

We believe Mr. DuBester is an exceptionally well‐qualified candidate. He has served as an FLRA member since 2009 including two terms as Chair and brings a wealth of knowledge and experience regarding federal labor law and the Statute to the position. He has a well‐earned reputation for fairness and respect for the law, as reflected in his nominations to the FLRA by four Presidents from both political parties and confirmations in the Senate six times with bipartisan support.

Despite Mr. Dubester’s impeccable qualifications and reputation, partisan members of the Senate Homeland Security and Governmental Affairs Committee have leveled baseless accusations against him in a calculated attempt to delay his confirmation. It has now been more than a year since President Biden nominated Mr. DuBester to the FLRA and he has yet to be confirmed. If no action is taken by the end of the year, Mr. DuBester’s FLRA appointment will expire resulting in a split FLRA, unable to function effectively for the foreseeable future. As you know, federal public servants depend on a fully functioning and fair FLRA to ensure the stability of labor‐management relations, to protect our ability to form and join unions, to bargain with agencies on working conditions, to resolve unfair labor practice complaints, and to know that our rights as workers will be protected so we can focus on serving the public.

In President Biden’s letter to the federal workforce in March of this year, he wrote, “Together, we can lead by example and show our country a way forward”. We agree. As federal public servants, we will continue to serve the public day in and day out; we are calling on you to do your part by filing a discharge petition to bring Mr. DuBester’s nomination out of committee and to the Senate floor for a confirmation vote. Mr. Dubester’s confirmation will help to ensure a fully functioning and fair FLRA and thereby set an example for the rest of the country as to what fair and effective labor‐management relationships can look like.

Signed,
Federal Public Servants & Supporters

Complete this form to add your name as a signer. As the end of the year approaches, if DuBester remains unconfirmed, we will deliver this letter to Sen. Schumer and seek any necessary support to confirm Mr. DuBester. 

President Trump's anti-Union majority at the Federal Labor Relations Authority (FLRA) remained in control for more than a year after Biden entered the White House. In early 2022, ACE Council directors authored and circulated this open letter to Chuck Schumer pressing for confirmation of President Biden's nominees to the FLRA. In May, Susan Grundmann was confirmed by the Senate, finally delivering to the Democrats the majority to which they are entitled as the party of the sitting president. That letter, along with the full list of signatory locals, is here: open_letter_to_chuck_schumer.pdf

UPDATE: As of October 2022, Ernest DuBester remains unconfirmed by the Senate. If DuBester isn't confirmed by the end of the 2022, the Democrats will again lose their majority at the FLRA.