A national storage bin agreement was signed in December, 2021. In order to prevent collisions with the sit-stand desks and overhead storage all overhead storage cabinets will be phased out. BUE’s are granted 2 hours to scan printed reference materials to retain electronically for everyday work assignments. Each workstation will get at least 2 storage units. The local agency management will solicit BUE interest and provide cubicle file hangers and desk organizers upon request. Finally, each agency should consider creating a centrally located Information Station where relevant forms and Information Notices are stocked. Please see the document for more details.
Category: National
Union’s Information on WSL Eligibility in Passport Services
We have been hearing reports from the field that many of you on WSL have received the survey requesting that you Self-Certify as high-risk for COVID-19. Many have already responded. We were just informed that this is being sent through Google Docs. This concerns us even more than before. The Union is pursuing formal redress of this matter via the Parties Negotiated Grievance-Arbitration Process and are in consultation with NFFE Legal for professional guidance.
In the interim, this leaves many of you with the question of how to act, and what will happen if you act a certain way. While many of our questions to Management remain unanswered, we hope the Q&A’s below will help you to determine which route is best for your specific circumstance. Please keep in mind, that we do not know how the determinations are made, or who is making them, we are only presenting the information below as it has been afforded to us through Q&As with PMO.
What happens AFTER I respond to the Self-Certification Form?
If you indicate that you have one or more of the conditions listed on the form, you may receive notice that you will still be eligible for WSL.
If you indicate that you do not have one or more of the conditions listed on the form, you may receive notice that you are no longer eligible for WSL as of November 16.
What happens if I do not respond to the Self-Certification Form?
A failure to respond will be counted as not meeting the requirements of self-certification and you will be not eligible to received WSL as of November 16.
If I am not eligible for WSL as of November 16, does that mean I have to report to work?
Options are available to you if you do not feel safe returning to work. The Union has listed in a previous post what those options are. Please refer to the previous posts.
Can I still qualify for WSL if I have conditions the CDC lists but are not on the survey form?
WSL eligibility will be for the conditions listed on the Department survey form only.
I am concerned about confidentiality if I reply using this form will my private information be protected?
We have posed this question and are waiting on a response.
I’ve already responded. Will my response be made part of my employee record?
Nothing has been disclosed as to how the response will be recorded, distributed, stored, or disposed of.
This form is basically asking me to certify that I have a disability. Can they do that?
This is a question we are waiting to be answered.
Can I continue to request WSL on form DS7100?
When you return to the office you may ask to complete a DS7100 regarding your prior WSL.
New Changes to WSL for Passport Services
Good afternoon,
We have been notified by Headquarters that a change to the Weather and Safety Leave Policy is being enacted beginning this week. If you are currently on Weather and Safety Leave, Headquarters intends to send you a survey to “self-certify” your status.
This survey includes a disclaimer that a response is voluntary. There is no guidance as to what will happen if you do not respond. However, at the very top is a disclaimer that Employees “may be subject to disciplinary action, up to and including separation, for any knowing and willing omission or falsification or fraudulent statement of material information.”
The Union also has concerns regarding the legality of implementation and the use of the “form” you will be “voluntarily required” to complete. We are gravely concerned as to how this may be used against employees and potential harm that can be inflicted. We cannot in good conscious endorse volunteering this information under these circumstances. However, we cannot recommend abstention, as we do not know what would result from abstaining.
If you are currently on Weather & Safety Leave you will receive a form to fill out that indicates your category of high risk to COVID-19. We have been reassured this information will remain private and on file with MED. We do have additional questions about these forms. And we are seeking answers to those questions. Additionally, we are requesting answers to questions wrapped around the categories listed below.
The form has the following categories:
*Currently have cancer
*Chronic kidney disease (GFR less than 60)
*Chronic Obstructive Pulmonary Disease (Emphysema or Chronic Bronchitis)
*Immunocompromised state (weakened immune system) from organ transplant
*Severe Obesity (BMI greater than 40)
*Serious heart condition (Heart Failure, Coronary Artery Dieses or Cardiomyopathy)
*Sickle Cell Disease
*Type 2 Diabetes
We urge everyone that we represent to remember the core values of the State Department and the organizational values of the Passport Services when filling out these forms. While we have not been told documentation will be required in the future, we encourage everyone to be prepared for the possibility that documentation may be a future requirement. As has been the case with every phase of this pandemic, changes to policy have come with very little warning.
This is the timeline laid out by Headquarters regarding the upcoming changes:
*Notification Change of Weather and Safety Leave – form to be responded to – October 30, 2020
*Response from MED back to employee – November 6, 2020
*Discussion with supervisor by employee about returning to work or not returning to work – November 9, 2020
*Those that have not been able to self-identify – return to work – November 16, 2020
As reclarification, if a category is not on the list, people are no longer being approved for Weather and Safety Leave as of November 16, 2020. To assist yourself to deal with this change, you do have other options.
Options
Personal Leave (Annual, Sick, Comp, and Award Time)
LWOP or FMLA
DRAD request
To request a reasonable accommodation (ensuring the workplace suits the needs of workers with health or physical conditions or other specific circumstances) please contact HR/OAA at oaa@state.gov or you can contact them through ReasonableAccommodations@state.gov
We have been told that the DRAD office is a small operation and may take greater than 30 days for a response. Unfortunately, management has not indicated they would allow an extension of WSL while waiting for a DRAD request.
We will continue to attempt to mitigate this issue, but felt you needed to be informed as soon as possible to prepare. Our efforts may not prevent poor implementation and we may have to remedy after the fact. As this issue develops, we will offer what we can to help you make an informed decision on how to handle this matter.
In solidarity,
NFFE1998 National Officers
Information on Returning to Work
By now, all of you have received a SAFE message re-assigning our positions as Mission-Critical. This action by the Department of State dictates our nation-wide return to work on June 11, 2020.
Some of you may have also seen the recent tweets and Press Releases by Congressman Lankford (Et al.) demanding Passport Services explore options such as telework to resume passport issuance. Multiple Senators stressed:
…We certainly do not want any federal employees returning to work until it is safe to do so, which is why it is important that all remote working options be utilized to ensure maximum productivity until the time is right.”
Unfortunately, in an unprecedented move, the Undersecretary for Management decided to re-designate Passport Services as Mission-Critical, calling on all employees to report back to work within three days with little to no information on safety and security. The premise of Congressman Lankford’s argument maintains a person-centric focus to keep employees safe. Designating all staff as Mission-Critical goes against a safe return to work, the Senator’s call to action, and OPM guidance on a safe phased return to the workplace.
The Union was given very little lead time for this hasty return to work.
We have been in negotiations with Management regarding the closure of offices and how to keep employees safe. We iterated our three priorities when negotiating a return: Ensuring a safe working environment, ensuring job quality, and ensuring job production. The Union stressed that each priority could not be touched until the previous topics had been completely confirmed. However, the above mentioned congressional interest has upended this, and bargaining has not been completed.
We are extremely frustrated by this interruption to a phased approach for returning to a safe work environment. We feel that this return is political and does not align with public calls for action. It disregards our binding Master Agreement, which holds Management accountable to ensuring a safe working environment, and to negotiate with the Union on the needs of the BUE.
Your Options:
A. Continue to stay at home on WSL be self-identifying
B. Take sick or annual leave
C. Return to the office as scheduled on June 11, 2020.
What we need from you:
As BUE, we urge you to stay vigilant. If you feel that your rights have been harmed in any way, are denied leave and/or an alternative work schedule requests, contact your local steward or reach out to the national officers at NFFE1998-NationalOfficers@state.gov.
We want to reassure you that we are working on a decisive action to combat these types of ill-advised decisions and to pressure Management to comply with our Master Agreement. Please continue to check our website for updates. We strive to publish relevant information as we receive it to keep you informed.
Agency “Cell Phone” Restrictions Are Revised, DAS Rebuilding Trust at Department of State: Passport Services
Rachel Arndt, Deputy Assistant Secretary (DAS) for Passport Services, eases restrictions with cell phone usage in passport offices for employees. She notified employees in passport offices on March 23rd, via e-mail and a revised policy Memo describing employee responsibilities under this new policy, and also reaffirming Core Values of Our People, Integrity “by boosting morale…, valu[ing] feedback and repairing trust…”
As Ms. Arndt quotes to employees, “When we launched our Core Values last fall, I initiated the process of reviewing our PED policy…These are challenging times, and this policy will allow you to be more readily accessible while at work. I know I can trust in all of you to ensure that [ information ] is safeguarded at all times. Thank you for your resilience and continued commitment to our mission and to each other.”
Back in December 2019, Union President Lee Wentz penned a letter to Ms. Arndt requesting a consideration for review of policy of prohibitions with cell phones in work spaces.
Updates on COVID-19 and Passport Services
Clearly as of Friday March 20, 2020 the US Department of state was not able to make a life affirming decision to close the domestic passport offices for each and every dedicated employee that is still showing up to work, to serve a public that is being told to not leave the United States, or get home from abroad as soon as possible.
With cities, counties, and states locking down and asking folks to not leave their homes, even though the work we all do every day is important, it seems extremely shortsighted to think that our work can’t be postponed for a week or a month. So with that being said and you don’t feel like you can self-identify for WSL then please know that you have other options to not be in the office if you feel that you should not be commuting to work in the foreseeable future.
As your National Officers argued and negotiated for workplace flexibility or close the offices all together over the last week, the final request that one of us will make each and every day is to close the offices and let us all go home.
And as the day came to an end on Friday, the last request made by your National Officers to Headquarters was to please close our offices. If the IRS can close, then there is no reason we can’t close.
Please be safe and make the decision that is most right for you.
NFFE National Officers.
Labor Day Message from NFFE-IAM National President Randy Erwin
NFFE-IAM National President Randy Erwin has a Labor day video message to share with the hard working federal employees. Please click on “Read Post” to view the video.
NFFE Litigation Round-Up
NFFE-IAM is leading the fight for federal workers in three, distinct lawsuits. Read on to learn the latest on each lawsuit, and how NFFE-IAM members can participate.Illegal Executive Order Appeal
As you may recall, the Office of Personnel Management (OPM) issued guidance requiring agencies to rescind any implementation of three anti-employee executive orders (EO) issued by President Trump on May 25, 2018. This recession was due to the successful efforts of NFFE-IAM and other federal sector unions that sued to get the executive orders overturned. Immediately thereafter, the Department of Justice appealed that decision.
NFFE-IAM is defending the decision to enjoin President Trump’s executive orders in a joint brief which was filed in mid- February. Oral arguments are scheduled for April 4, 2019. It is unclear when a decision will be issued by the appellate court. The portions of the executive orders which were declared illegal in the initial NFFE-IAM lawsuit remain enjoined while the appeal is pending.
Official Time for VA Professionals
In November 2018, the VA announced it was unilaterally eliminating official time for more than 100,000 Title 38 employees. The department invalidated significant portions of collective bargaining agreements with NFFE-IAM, among others, claiming that the practice of official time is suddenly not subject to bargaining because it is related to “direct patient care.” Eliminating official time contradicts VA’s current agreements with NFFE-IAM and others.
NFFE National President Randy Erwin stated that official time is not only beneficial for workers, but is also critical to improving outcomes at VA hospitals. “The crux of the issue is that under official time, VA employees serve as an independent voice regarding working conditions, safety issues and mismanagement,” he said. “Plus, they represent whistleblowers and other employees who make credible claims against fraud, waste, abuse and political coercion and corruption . . . The VA kicking employees off official time in this way is a clear violation of the law. It is in direct response to the unions’ successful lawsuit last June against the Trump administration that nullified three illegal executive orders that attacked civil servants working under official time.”
The NFFE-IAM legal team is currently working with the legal teams from other affected unions and the U.S. Department of Justice to devise a briefing schedule for the lawsuit. Currently, it is not known when the court will hear this critical case.
Essential Employee Furlough Wage and Hour Violations
NFFE-IAM has joined forces with Snider & Associates, LLC, and several other Unions to file a collective action lawsuit against the federal government based upon its failure to pay minimum wage and/or overtime to excepted employees who are working through the shutdown. Snider & Associates is a law firm that primarily represents unions and employees with special expertise in federal sector labor and employment law matters.
In order to be eligible to join the case, you must be designated as FLSA non-exempt and excepted status and have performed work during the shutdown. The information about your FLSA status can be found on your SF-50. We strongly encourage every employee who is eligible, to join the case. There is no cost to do so. For more information about the case or to join please visit www.sniderlaw.com/shutdown. In addition to the communications that we will be sending out, you can also monitor that website for updates on the case.
You will not automatically be added to this lawsuit, you have to affirmatively join via the website. Your fellow bargaining unit members who are not NFFE members can join as well. However, the time for them to stand on the sidelines and let you shoulder the burden of representing them is over. We are in the fight of our lives. When telling non-members about the case, please ask them to join the fight by joining NFFE. The form to join can be found here. Give it to them, ask them to fill it out and send it to newmember@nffe.org. NFFE-IAM is leading the fight for federal workers in three, distinct lawsuits. Read on to learn the latest on each lawsuit, and how NFFE-IAM members can participate.
Illegal Executive Order Appeal
As you may recall, the Office of Personnel Management (OPM) issued guidance requiring agencies to rescind any implementation of three anti-employee executive orders (EO) issued by President Trump on May 25, 2018. This recession was due to the successful efforts of NFFE-IAM and other federal sector unions that sued to get the executive orders overturned. Immediately thereafter, the Department of Justice appealed that decision.
NFFE-IAM is defending the decision to enjoin President Trump’s executive orders in a joint brief which was filed in mid- February. Oral arguments are scheduled for April 4, 2019. It is unclear when a decision will be issued by the appellate court. The portions of the executive orders which were declared illegal in the initial NFFE-IAM lawsuit remain enjoined while the appeal is pend
ing.
Official Time for VA Professionals
In November 2018, the VA announced it was unilaterally eliminating official time for more than 100,000 Title 38 employees. The department invalidated significant portions of collective bargaining agreements with NFFE-IAM, among others, claiming that the practice of official time is suddenly not subject to bargaining because it is related to “direct patient care.” Eliminating official time contradicts VA’s current agreements with NFFE-IAM and others.
NFFE National President Randy Erwin stated that official time is not only beneficial for workers, but is also critical to improving outcomes at VA hospitals. “The crux of the issue is that under official time, VA employees serve as an independent voice regarding working conditions, safety issues and mismanagement,” he said. “Plus, they represent whistleblowers and other employees who make credible claims against fraud, waste, abuse and political coercion and corruption . . . The VA kicking employees off official time in this way is a clear violation of the law. It is in direct response to the unions’ successful lawsuit last June against the Trump administration that nullified three illegal executive orders that attacked civil servants working under official time.”
The NFFE-IAM legal team is currently working with the legal teams from other affected unions and the U.S. Department of Justice to devise a briefing schedule for the lawsuit. Currently, it is not known when the court will hear this critical case.
Essential Employee Furlough Wage and Hour Violations
NFFE-IAM has joined forces with Snider & Associates, LLC, and several other Unions to file a collective action lawsuit against the federal government based upon its failure to pay minimum wage and/or overtime to excepted employees who are working through the shutdown. Snider & Associates is a law firm that primarily represents unions and employees with special expertise in federal sector labor and employment law matters.
In order to be eligible to join the case, you must be designated as FLSA non-exempt and excepted status and have performed work during the shutdown. The information about your FLSA status can be found on your SF-50. We strongly encourage every employee who is eligible, to join the case. There is no cost to do so. For more information about the case or to join please visit www.sniderlaw.com/shutdown. In addition to the communications that we will be sending out, you can also monitor that website for updates on the case.
You will not automatically be added to this lawsuit, you have to affirmatively join via the website. Your fellow bargaining unit members who are not NFFE members can join as well. However, the tim
e for them to stand on the sidelines and let you shoulder the burden of representing them is over. We are in the fight of our lives. When telling non-members about the case, please ask them to join the fight by joining NFFE. The form to join can be found here. Give it to them, ask them to fill it out and send it to newmember@nffe.org.
Gutting of Federal Workers’ Pay and Retirement in Trump Budget a ‘Race to the Bottom’ for All Americans
Washington, D.C. – Today, the National Federation of Federal Employees (NFFE) strongly condemns the fiscal year 2020 budget proposal from President Trump that decimates pay and retirement security for 2.1 million federal workers in a misguided attempt to lower the federal deficit on the backs of working people after passing deficit-exploding tax cuts for millionaires and billionaires.“President Trump again sacrifices the middle-class families on behalf of the wealthy through his proposed pay freeze and needless cuts to earned benefits for federal workers,” stated Randy Erwin, NFFE national president. “We saw during the 35-day shutdown earlier this year that many federal workers live paycheck to paycheck. To freeze pay and cut earned benefits while charging employees more for less is unconscionable.”
The Trump budget proposal includes an elimination of cost of living adjustments (COLA) for FERS employees, a reduction of .5% in COLAs for CSRS employees, and elimination of the FERS special retirement supplement for those who retire before they are eligible for social security. In addition, it proposes lowering annuity calculations through a basis change from high three to high five of earning years, and it aims to increase employee contributions to retirement plans with no added benefits.
As in previous budgets, Trump has proposed cuts to pensions totaling at least $148.9 billion over the next 10 years, which equates to approximately $75,000 per federal employee. As the nation’s largest employer with 85% of its workforce located outside of the Washington, D.C. metropolitan area, these cuts would decimate the pay and retirement security of residents in local economies across the country. In recent years, federal workers have already endured more than $182 billion in financial losses because of pay freezes and cuts to earned benefits.
“Federal employees have endured what was asked of them during austere times, but to destroy the pay and retirement security of millions of Americans to make way for tax cuts for the super-wealthy is unacceptable,” Erwin continued. “Instead of using failing private sector retirement benefits as an excuse to slash federal sector benefits, President Trump should challenge both the private and public sectors to strengthen pay and retirement. This horrific budget proposal represents nothing more than a shameful race to the bottom for all Americans, not just federal employees.”