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Category: Policy
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.
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.
Grievance Filed for FLSA Violation
Earlier this month of March, 2019, a grievance was filed at the Dallas Passport Center on behalf of union steward Antonio Crestotholos. While on his break and on his own personal time, Mr. Crestotholos engaged a colleague in conversation. Management, making the assumption Mr. Crestotholos was conducting official Union business, proceeded to use the opportunity to unjustifiably reprimand the union steward for no apparent purpose other than provoking a reaction. Filed in response to a violation of Articles 20 and 28 of the Master Agreement, the grievance is intended to address management’s failure to adhere to FLSA requisites and in response to such unnecessary provocation.