OPINION The Federal workforce has been used as a political football for decades. Feds know the drill: A politician from either party needs to win points with the folks back home on the issue of cutting government. S/he makes sweeping over-generalizations about federal pay, federal employee performance or competence, unions or any one of a hundred other issues, and neatly avoids any admission of complicity in the problem. The “unelected nameless, faceless bureaucrats” are always to blame. If only they could be forced to work and the bad ones fired, our government’s problems would vanish, the sun would shine, and there would be peace in the world. The Fed-bashing has risen to unprecedented levels in recent years. Let’s take an inventory. It has been 43 months (January 2010) since Federal employees have received a general pay raise. Just this week the House voted to allow Senior Executives to be suspended without pay when accused of wrongdoing. Not found guilty of wrongdoing – just accused. They voted to allow anyone to record any conversation with a Federal employee without the employee’s consent. It isn’t just one party either. A bipartisan majority voted to pass the “Stop Playing on Citizen’s Cash Act” to restrict conference spending. Other bills are pending to cripple Federal unions, deny Feds bonuses for outstanding performance, cut Federal retirement benefits, and more. While that kind of rhetoric may be useful in politics, it is destructive for governance and the people who make up our government. There are no nameless, faceless bureaucrats. There are people. They have names. They have faces. They have families, feelings, hopes and dreams. They also have vital skills the government needs to operate effectively. More important for the government as an employer – they have choices and are free to leave. How long will it take before we crush the Federal workforce? What happens if

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Chief Steward’s Report

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Labor History Page 4

Benefit Highlights: Holiday Deals!

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Labor Voice American Federation of Government Employees ● Local 1273 ● AFL-CIO

Department of Veterans Affairs Medical Center and Regional Office, Boise, Idaho

Autumn 2013 Volume 2/Issue 3

Inside this Issue

How Long Does it Take to Crush a

Federal Employee?

we do? The damage has started already. Federal retirements are up and continuing to rise. Employee responses to the Federal Employee Viewpoint Survey are showing increasing unhappiness. Virtually every question related to morale and engagement showed a decline from 2011 to 2012. Every Chief Human Capital Officer I’ve spoken with believes the numbers will be lower – much lower – in the next round of the survey. HR offices are reporting more difficulty in recruiting and hiring talent. How easy is it to recruit a new star employee when all you can offer as a motivator is the opportunity to serve and do interesting work? No pay raises and constant bashing by politicians are not exactly strong recruiting incentives. The potential damage is compounded by the fact that morale-induced turnover tends to drive the highest performers out of organizations. They are typically the most marketable and most able to take advantage of new opportunities. Even if you believe government is too big and federal employees are overpaid, is this a good approach to

(Continued from page 1) reducing its size? I have never found a credible leader who believes employee abuse is a legitimate management tool. When I was HR Director for the Defense Logistics Agency, we did extensive in-depth analysis of our employee survey data. One finding that stuck with me was how long it took new hires in a bad environment to

become disillusioned with their jobs. One field office that had particularly bad ratings had great feedback from employees for the first two years. After that, the ratings dropped like a rock. Based on that admittedly limited data point, it appears it takes 2 years to crush an employee. After that, the damage becomes more difficult to repair. As the

attitudes become more ingrained, they are harder to change. We cannot simply start giving pay raises again and stop bashing the workforce and expect everything to be right with the world again. Study after study shows the corrosive effects of poor morale in the workplace. Productivity goes down, leave use goes up, discretionary effort goes down, and

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Labor Voice Newsletter AFGE Local 1273 ● Volume 2, Issue 3 ● Autumn 2013

The following is a sampling of cases and issues handled by AFGE Local 1273 over the past three months. The dates indicate the date the case was closed and added to the report. Representation for the following was handled by the various officers and stewards of AFGE Local 1273 with coordination by Travis Riggs, Chief Steward/Vice President and Mike Kepner, President. Membership dues were used to finance the training for the various representatives. June 27, 2013 – A member was having difficulty with employees in their work group, additionally it was discovered that the supervisor of the work group was not following established protocol for annual leave as outlined in the Local Supplemental Agreement. AFGE Local 1273 met with the employee’s supervisor and corrected the AL issue; additionally the union met with other employees in the work group and convinced them to attend mediation. June 27, 2013 – A member was having communication

difficulties with their supervisor over elements of their performance appraisal, their mid-year review and how to best accomplish an outstanding rating. AFGE Local 1273 was able to intervene on the employee’s behalf and assist is fostering open and constructive dialogue. June 27, 2013 – An employee was subject to a Weingarten Interview over allegations of ethical violations. A steward from AFGE Local 1273 was sent to assist the employee. As of this entry no further details were communicated by management about potential disciplinary action. June 27, 2013 – An employee was terminated during their probationary period; AFGE Local 1273 requested all the information pertinent to the termination from the agency and found the agency did not violate law, rule, regulation or the contract. July 3, 2013 – A group of nurses approached AFGE Local

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Chief Steward Report

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I have never found a credible leader who believes employee

abuse is a legitimate management tool.

Labor Voice Newsletter AFGE Local 1273 ● Volume 2, Issue 3 ● Autumn 2013

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1273 about mandatory overtime and the 12 hour rest break between shifts. The past practice of the agency is to allow the nurse to report for their next shift in less than 12 hours if they volunteer to do so. If the nurse requests 12 hours before their next shift the nurse is permitted to use leave. This is an issue that AFGE National VA Council is currently working on as it impacts nurses across the country. July 3, 2013 – A group of title 5 employees requested that AFGE Local 1273 research why they do not get paid Saturday premium pay. The employees were informed that Title 5 employees are not entitled to Saturday premium pay. This is a public law and must be changed through an act of Congress. July 12, 2013 – A member received a written counseling for sick leave. The employee was instructed to file for protection under the Family Medical Leave Act to avoid any further discipline. July 12, 2013 – An employee failed to complete a required training course. Due to the failure to complete training the agency was forced to reassign the employee to another position. Attempts to appeal the decision were unsuccessful. July 16, 2013 – AFGE Local 1273 attempted to assist a member with an unspecified issue with their supervisor, however the member did not show up for the scheduled meetings. As of this report no further action was taken. July 16, 2013 – A member was having issues with attendance. The member’s supervisor contacted AFGE Local 1273 to discuss the issue. The union was able to assist the member with resources to help them at work and at home and was able to intervene before disciplinary action became necessary. July 17, 2013 – A member was approached by their supervisor regarding an interaction they had with a patient that another employee found to be unprofessional. AFGE Local 1273 assisted and prepared the response for the member. As of this report the agency has not proposed any disciplinary action in relation to their investigation.

(Continued from page 2) July 24, 2013 – An employee was placed on a Sick Leave Certification even though the employee had over 1,000 hours of sick leave on the books and had medical documentation. AFGE Local 1273 was able to convince the supervisor to rescind the sick leave certification without the need to file a formal grievance. July 24, 2013 – Two employees were writing each other up for minor infractions, the union was able to intervene and explain to both employees that in these types of situations both employees would likely be subject to discipline. There have been no more reports of write-ups as of this report. July 24, 2013 – An employee was requesting a lateral transfer to another position in the same department; the department supervisor had planned to post the position to internal and external applicants. AFGE Local 1273 intervened and the position was posted to internal candidates first. August 7, 2013 – An employee was the subject of a Weingarten investigation. AFGE Local 1273 assisted the employee with answering questions and met with their supervisor. As of this report no disciplinary action has been proposed by the agency. August 7, 2013 – An employee was placed on sick leave certification by their supervisor. AFGE Local 1273 met with the employee and their supervisor and obtained the records for sick leave for each and every employee in the same work unit. The employee that was placed on sick leave certification had a pattern of sick leave abuse and the sick leave certification was found to be fair and equitable treatment of the employee. August 7, 2013 – An employee was the subject of a Weingarten investigation. AFGE Local 1273 assisted the employee with answering questions and met with their supervisor. As of this report no disciplinary action has been proposed by the agency; thought he union does anticipate some level of discipline to be proposed. August 7, 2013 – A change in department for two employees indicated that they would no longer be included in the bargaining unit for AFGE Local 1273 (covered by the contract with a right to union representation). The union immediately halted the

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Labor Voice Newsletter AFGE Local 1273 ● Volume 2, Issue 3 ● Autumn 2013

September 10, 1897 Striking immigrant anthracite coal miners raise an American flag and march on the still-open mine in Lattimer, Pennsylvania. They were met by the local sheriff and Coal and Iron Police deputies. The sheriff ordered the workers to disperse and the deputies opened fire, killing 19 and wounding as many as 49 others. All those killed in the Lattimer Massacre were shot in the back; the sheriff and 73 deputies were arrested, tried, and acquitted.

September 14, 1929 During the Loray Mill strike in Gastonia, North Carolina, National Textile Workers Union members driving back from a meeting are ambushed by a group of armed men. Organizer Ella Mae Wiggins was shot in the chest and died; five mill employees were arrested, but acquitted of her murder, despite there being 50 witnesses who saw it all in broad daylight. [Photo: Wiggins’ children stand beside their mother’s grave on the day of her funeral.]

September 16, 2004 The Farm Labor Organizing Committee signs a collective bargaining agreement with Mt. Olive Pickle Company and its growers, ending a successful five-year long nationwide boycott. The contract – which covered workers on more than 1,000 North Carolina farms who had previously been paid piece rate and worked and lived under deplorable conditions – marked the first time a U.S. labor union represented guest workers.

September 21, 1991 550 workers at the Frontier Hotel and Casino in Las Vegas go on strike over wages and benefits. The

longest hotel strike in U.S. history lasted 6 years, 4 months, and 10 days and when it was over, the 9th Circuit Court of Appeals awarded the workers $3.5 million in back pay and pension credits.

October 3, 1967 Folk singer-songwriter Woody Guthrie dies at the age of 55 from complications due to Huntington’s disease. Many of Guthrie’s songs were born from his experiences and his travels with migrant workers during

the Great Depression. “I am out to sing songs that will prove to you that this is your world,” he said. “I am out to sing songs that make you take pride in yourself and your work.”

October 16, 1859 Abolitionist John Brown leads 18 men in an attack on the Harpers Ferry armory. The raid to seize the weapons failed and Brown was captured, tried, and hung. At his trial, Brown said: “Now, if it is

deemed necessary that I should forfeit my life for the furtherance of the ends of justice, and mingle my blood…with the blood of millions in this slave country whose rights are disregarded by wicked, cruel, and unjust enactments, I submit; so let it be done!”

October 20, 1926 Eugene V. Debs, U.S. labor leader and socialist, dies in Elmhurst, Illinois. ”Too long have the workers of the world waited for some Moses to lead them out of bondage. I would not lead you out if I could; for if you could be led out, you could be led back again. I would have you make up your minds there is nothing that you cannot do for yourselves.” -Eugene V. Debs

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Labor History—at look back at where we’ve been

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Labor Voice Newsletter AFGE Local 1273 ● Volume 2, Issue 3 ● Autumn 2013

exclusion and discovered an additional 15 employees that were excluded improperly. AFGE National was contacted and petition for clarification of unit was filed with the Federal Labor Relations Authority. August 13, 2013 – An employee was placed on a Performance Improvement Plan (PIP) which was nearly concluded when the union became aware of it. Several aspects of the PIP violated the master agreement and the Code of Federal Regulations. AFGE Local 1273 met with the employee’s supervisor and the supervisor agreed to rescind the PIP and work with the union to develop a new one should one be deemed necessary. August 16, 2013 – An employee was issued a reprimand for allegedly altering an FMLA document. The employee maintained, and AFGE confirmed, that another employee had altered the document. The document in question was not used to grant FMLA. The agency violated Federal law in obtaining evidence against the employee. AFGE Local 1273 filed a step 3 grievance on behalf of the employee and prevailed, the agency rescinded the reprimand. August 26, 2013 – An employee was issued a written counseling. AFGE Local 1273 was able to identify some of the issues causing the behavior that led to the written counseling and assisted the employee with correcting the problem.

(Continued from page 3) August 26, 2013 – An employee was issued a 3-day suspension for failure to follow instructions following a previous admonishment for the same issue. AFGE was successful in reducing the 3-day suspension to a 2-day suspension in the employee response process, the employee elected not to pursue a grievance. August 29, 2013 – An employee needed assistance with rescinding a letter of resignation; because they were a member AFGE Local 1273 was happy to assist the employee with this task. The employee successfully rescinded their resignation. August 29, 2013 – A member was issued a written counseling for beginning work prior to the beginning of their tour of duty without first obtaining proper permission from their supervisor. AFGE Local 1273 represented the member during the Weingarten investigation and response to the written counseling. A written counseling is usually removed after a period of 6 months unless a repeat similar infraction incurs, then the written counseling can be retained for a period of one year. Names and departments were removed to protect the identity of the employees involved. Not all representational work by AFGE is represented here, only those cases assigned to the Chief Steward’s office.

Q: What is a Sick Leave Certification? A: A Sick Leave Certification is a tool used by the agency to verify that abuse of sick leave is not occurring. The agency is required to issue a letter of counseling prior to placing the employee on a sick leave certification, however the Boise VA typically issues the letter of counseling to the employee just moments before placing them o the sick leave certification. An employee on a sick leave certification is required to provide a note from a healthcare provider for each and every absence due to illness. A sick leave certification typically may last up to one year, however it may be reviewed by the supervisor and discontinued at that time.

Q: What does the agency look for when determining if an employee should be placed on a sick leave certification? A: The agency typically looks at two factors when determining if an employee should be placed on a certification: is there a pattern of leave usage (for example: did the employee call in sick on payday, did the employee call in on certain days of the week, did the employee call in in conjunction with a day off or holiday); and amount of sick leave used (the average use of sick leave by a federal employee is around 60 hours). Amount of total leave use is not the only determining factor; an employee cold have less that 60

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Frequently Asked Questions: Sick Leave

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Labor Voice Newsletter AFGE Local 1273 ● Volume 2, Issue 3 ● Autumn 2013

Union Meeting Schedule

There is a cash drawing at each meeting; you must be

present to win. If the person whose name is called is

not in attendance the drawing increases by $50 until it

reaches $500 where it remains until won. Meetings are

every fourth Thursday at noon in the LRC (unless

indicated otherwise) and open to members.

November 21, 2013 December TBD

January 23, 2014 February 27, 2014

6

attention to detail is often non-existent. In her book “Good Company” author Laurie Bassi says “The trademark of a worthy employer is the ability to masterfully manage the tension between employees as costs and employees as assets.” I think that is a great standard – one that the Federal government is failing to meet. The political battles today completely disregard the employees as assets and go beyond treating them as costs to the point where they are pawns in a political chess game. If we truly want to have a government that functions efficiently and effectively, it is time for the Fed bashing to stop. Have the debates regarding the power and reach of government, but stop treating the Federal workforce as though they are the problem. They are not and they can only take so much before their spirit, dedication and willingness to serve are crushed beyond repair. © 2013, Jeff Neal and ChiefHRO.com, All rights reserved. Used by permission of the author.

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hours of sick leave used but called in for 5 consecutive payday weekends.

Q: If I bring in a doctors note each time I use sick leave can the agency place me on a leave certification? A: No. If you bring in a note from a healthcare provider for each time you are sick the agency may not use those instances against you in order to place you on a sick leave certification. Citing the previous example: if you have used less than 60 hours of sick leave, and have called in for 5 consecutive paydays and provided a healthcare providers note for each instance, the agency does not have grounds to place you on a sick leave certification.

Q: Can the agency place me on a sick leave certification if I am on FMLA (Family Medical Leave Act)? A: Yes, in some instances. The agency cannot place you on a sick leave certification for absences related to the reason you requested FMLA. For example: if you are on maternity or paternity leave, or having surgery, and are out for an extended period of time the agency may not place you on a sick leave certification. If you requested FMLA on an intermittent basis (for example: to undergo chemotherapy treatment or physical therapy) and also call in sick in addition to your FMLA-protected absences and your non-FMLA absences are excessive or demonstrate a pattern then the agency may place you on a certification if you did not provide a healthcare provider’s note for the non-FMLA absences.

Q: Am I required to use FMLA for reoccurring, intermittent absences? A: No. The Master Agreement between the Union and the Agency allows the employee to provide a note from their healthcare provider for reoccurring, intermittent absences. (Article 35, Section 5).

Q: How many days of sick leave can I use without providing a note from my healthcare provider? A: Three consecutive days, on the fourth day your supervisor may request that you provide a note from your provider or request that you provide a letter explaining why you did not see a provider.

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Labor Voice Newsletter AFGE Local 1273 ● Volume 2, Issue 3 ● Autumn 2013

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Department of Veterans Affairs 500 W Fort Street, Bldg. 88 Boise, ID 83702

October 24, 1940 The Fair Labor Standards Act of 1938’s mandate of a 40-hour work week with time-and-a half overtime pay for hours of work beyond that goes into effect. The legislation was passed to eliminate “labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and the general well-being of workers.”

November 1, 1835 Workers in Philadelphia organize a successful general strike for a 10-hour workday. Three hundred armed Irish longshoremen marched through the streets calling workers to join them on strike. 20,000 leather workers, printers, carpenters, bricklayers, masons, city employees, bakers, clerks, and painters joined in. Within a week, the city government announced a 10-hour workday for its employees; three weeks later, private employers followed suit.

November 11, 1887 Albert Parsons, August Spies, George Engel, and Adolph

(Continued from page 4) Fischer, framed for the Haymarket bombing in Chicago, are executed. Spies’ last words — “The day will come when our silence will be more powerful than the voices you are throttling today” — are engraved on the Haymarket Martyrs’ Monument in Chicago’s Forest Home Cemetery.

November 18, 1993 Flight attendants at American Airlines go on strike over staffing, scheduling and work rules, and health benefits. The strike was quickly settled through binding arbitration, in the workers’ favor.

November 21, 2009 The Genetic Information Nondiscrimination Act of 2008 goes into effect. The law prohibits the use of genetic information in making employment decisions and restricts employers from requesting, requiring, or purchasing genetic information about their employees. It also prohibits discrimination in health coverage based on genetic information.