May 1 2019 FEA Stateside Newsletter
JANE LOGGINS - FEA Director for DDESS
BEN HUNTER - FEA-SR General Counsel
ANGELIA STUBBS - FEA-SR General Counsel
Illegal Implementation -- FEA-Stateside Region is proceeding to arbitration over management's efforts to illegally and unilaterally impose a new contract on stateside schools, including its dictate forcing Stateside employees to work extended hours without added compensation in violation of the current valid contract. Dates for the pending arbitration should be set soon. We have seen many schools flip-flop on how to implement these illegal extra hours. Schedules have been changed multiple times as EDAs have been impacted. Some of our educators have had to resign their EDAs due to the addition of the extra 24 hours. These educators were told by the agency that they would not be paid for any of the EDA even though they have completed three-fourths of the duty. FEA SR has filed a grievance over the agency's refusal to pay members for the time and work they completed. If the agency does not resolve this grievance, FEA SR will invoke arbitration. Please also remember to record any extra hours worked due to the implementation of the bogus contract. The tracking form can be found at the link below.
VERA VSIP for Stateside -- On April 23 the agency notified FEA SR that VERA VSIP for stateside employees and Guam ended. Below if the number of offers made to stateside members.
VERA/VSIP - Offered: 17 - Accepted: 11
VSIP ONLY - Offered: 10 - Accepted: 8
VERA/VSIP - Offered: 4 - Accepted: 2
VSIP ONLY - Offered: 3 - Accepted: 1
VERA/VSIP - Offered: 1 - Accepted: 1
VSIP ONLY - Offered: 0 - Accepted: 0
DPMAP Certified - In July 2016, the agency proposed changes to DDESS Regulation 3000.1 to align the DDESS performance regulation with the DoD-wide DPMAP performance appraisal regulation. In November 2018, FSIP issued an order resolving the disputed provisions in bargaining over changes to the regulation. The parties executed a final MOU in accordance with the FSIP order. However, there are several issues regarding the new performance appraisal system that remain unresolved before the agency may legally implement DPMAP.
Early Intervention for Performance issues
During negotiations, the agency offered language regarding a pre-PIP performance assistance period. The agency withdrew its proposal prior to submitting its final proposals to FSIP. FEA-SR filed a grievance alleging the agency withdrawal constitutes bad faith bargaining. The grievance has yet to be resolved.
New Elements and Standards
The MLA and newly signed DPMAP MOU both require the agency to meet its bargaining obligations prior to making changes to the Performance Elements and Standards. The agency informed FEA-SR of changes to the Elements and Standards; however, management has refused to meet to bargain. FEA-SR has filed a grievance over the refusal to bargain. The grievance has yet to be resolved.
The MOU requires the agency provide FEA-SR notice and bargain any training offered relating to the new performance appraisals system. The agency has yet to provided notice of training for the certified bargaining unit; however, is currently requiring bargaining unit employees participate in training. FEA-SR has filed a grievance over the illegal implementation of training. The grievance has yet to be resolved.
DPMAP ESP/Classified - FEA-SR has filed a grievance over the implementation of standards and elements that do not reflect the current responsibilities for bargaining unit employees in the Education Support Professional (ESP) bargaining unit. During impact and implementation bargaining over changes to the performance appraisal system for the ESP unit, the parties agreed the agency would consider FEA-SR's feedback on draft elements and standards (that were written by a contractor) to ensure the published elements and standards would be appropriate for the each position. The agency did not consider FEA-SR's feedback and as a result the elements and standards adopted by the agency appear to be written by someone who is unfamiliar with the valuable work our ESPs do. The grievance has yet to be resolved.
The agency has also failed to provide notice and complete its bargaining obligations prior to implementing the new DPMAP training. FEA-SR will be taking legal action over the implementation of training.
Red for Respect -- Now more than ever educators need to continue wearing RED for RESPECT. We continue to show our solidarity by wearing RED. All educators deserve RESPECT. We are the heart of our schools. We make a difference in students' lives every day. Please keep sending me pictures of our members showing their RED!
Know Your Rights -- MLA Article 8 Section 4 - Pay Records.
a In the event that a unit employee's paycheck is not received on the established payday, upon the unit employee's request, the Agency will request from the servicing finance office that a replacement check be issued as soon as possible. The Agency agrees to pay interest on any pay received more than thirty (30) days beyond its due date as provided by law, rule, or regulation.
b Unit employees are encouraged, but not required, to maintain official documents they receive related to pay and leave and to carry such documents with them when they are transferred or reassigned.
c When the finance records of a unit employee are lost, destroyed, or delayed in conjunction with a reassignment or transfer, the Agency agrees to accept the unit employee's most recent "Leave and Earnings" statement or Standard Form 50, Notification of Personnel Action, as evidence of the proper basis for payment until the actual pay records have been reconstructed or received.
MLA Certified -The MLA remains in full force and effect until a new agreement is legally implemented. An update about the status of contract bargaining can be found at feaonline.org.