Good morning Chapter 141,
Please see the attached Chapter Update.
Please note that we have a Chapter 141 Facebook Page. It is called “NTEU
Chapter 141.” For those who do not have Facebook, we also have a website. It is
NTEU141.com. You will have to sign up with your personal email address. Once
you are verified, you will have access to the full website.
Shift Differential on Leave
Unfortunately, there is no major updates to either of these issues. A positive note is
that NTEU has won a decision for folks on Paid Parental leave. The decision held
that employees who take paid parental leave are entitled to shift differential. CBP
still has the option to appeal the decisions. We are still waiting for an arbitrator’s
decision on leave taken on Sundays as well as taking more than 8 hours of leave in
a pay period. We will keep you updated as we get those updates.
COVID Hazard Pay
We are being told that the arbitrator is waiting for a supreme court decision of
another pending litigation matter prior to issuing his decision on COVID Hazard
Pay. We will update you when we get updates on this issue.
COVID Leave
As a front line employee, contracting COVID is assumed to have been work
related. As long as you have had contact with the general public or you co workers
in the last 30 days you are eligible to have your sick leave restored after testing
positive for COVID.
This is your reminder that if you plan on filing a CA-1 after testing positive for
COVID that the Department of Labor requires either a positive PCR test or a note
from your doctor diagnosing you with the positive test.
Essentially the process is:
Step 1- stay home on personal sick leave if you are sick/know you have COVID
Step 2- Get a positive PCR test or get a doctors note diagnosing you with COVID
Step 3- within 45 days, file a CA-1 and your sick leave will be restored as
continuation of pay
Some managers have told officers that a test is not required.
This is also your reminder to reach out to us instead of your managers, especially
when it comes to your benefits.
Ad hoc Leave/ PT FIT Grievance
There was an executive order signed in 2020 which we hope will eliminate
management playing the “we don’t have minimum staffing at ____ Port of Entry”
game that is played throughout the state.
The grievance we filed deals with ADHOC leave and PT Fit denials. An officer
requested ADHOC leave at a port of entry where staffing is usually 2 per shift. The
request would have reduced them from 3 officers to 2 for that day and the request
was denied. Later in the same pay period, the normal staffing was scheduled for 2
per shift and overtime was not authorized to bring them to 3. That grievance is
currently at the step 2 level.
Executive order 14003 allows for types, numbers, and grades to be a permissive
bargaining subject. With that in mind, we are arguing that the reasonableness of
approving ad hoc leave and PT fit is now subject to an objective standard.
Disciplinary Actions
We cannot understate the importance of having a union representative involved
when you are questioned by OPR or a local “fact finder.” Asking for a union
representative does not make you look guilty. We are there to ensure your rights as
employees are respected, we help explain the process and ensure that members are
not subjected to fishing expeditions that these investigations are often turned into.
Collectively over the last few months in 141 we have completed the following
disciplinary action cases:
14-day suspension mitigated to a Letter of Counseling
Removal mitigated to a 15–30-day suspension
Removal mitigated to a Letter of Counseling
7-day suspension mitigated to a 1-day suspension
2- day suspension mitigated to a letter of reprimand
2-day suspension mitigated to a Letter of counseling
14-day suspension mitigated to a 5-day suspension
We also have 9 additional cases we are representing members on that have yet to
come to a resolution. Those range from proposed removals to 3-day suspensions.
Hardships
There is currently a national grievance over the undue burden of employees who
have approved hardships that are not allowed to move because there are no
vacancies at the gaining port of entry. NTEU national is currently waiting for an
arbitrator’s decision on if management must send an employee if there are no
“vacancies.”
Local Bargaining
We are currently undergoing bargaining over the Jackman AOR Sick Leave
approval issue that at previously set for arbitration. We are hopeful that will be
resolved quickly.
Portsmouth/Manchester Transition
Over the last year, the Boston Field office has reassigned Portsmouth and
Manchester Ports of entry to be covered by the Area Port of Boston. In doing so,
they are also attempting to unilaterally change the overtime pools at those
locations. The area port of Boston allows all officers in the area to sign up to be in
the overtime pool at all locations within the area port. For example, an officer at
Boston Logan can sign up to work overtime at the Beverly Airport and be mixed
into their call out list. Here in Chapter 141, volunteers within that port of entry get
the first crack at overtime before it goes to a separate port of entry (if there is one
available). We are currently grieving this unilateral change and maintain the
separate overtime pools for separate ports of entry that we have in Chapter 141.
Fort Fairfield AL MOU
The officers in Fort Fairfield have decided to switch from the traditional Sunday to
Saturday AL week selection and moved to Monday through Sunday selection. This
was already being conducted at the Lubec Port of Entry and has worked well.
Depending on your CWS agreement, it may benefit your location as well.
NTEU Sponsored Training
Last week, your chapter stewards attended their annual fall training. This year we
combined with Vermont, Boston and Philadelphia to host a regional conference.
This allowed us to receive instruction from multiple different NTEU Attorneys as
well as our Chief Negotiator Ryan Soon. Training topics included: Incident
Statements, Investigatory Interviews, Advanced Grievance handling, Oral Replies,
Mental Health and Suicide Prevention, Bargaining / National Issues Update,
Reasonable Accommodation Overview.
Other than our strong membership, our stewards are our most valuable resource.
We will continue to explore ways to support them, support you. If you are
interested in becoming a steward, please reach out to us.
EAP Benefits
One of the benefits we learned about at the training was you and your family are
eligible for EAP counseling sessions for free. Issues that are covered range from
financial issues to marriage counseling to depression assistance. We wanted to
share that information with you because we were not aware of it prior to that
presentation.
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