In a recent decision and big victory for Overseas educators, the Federal Labor Relations Authority (FLRA) granted FEA’s motion for reconsideration of their ruling on DoDEA’s implementation of the Defense Performance Management and Appraisal Program (DPMAP) on Overseas employees and reaffirmed an arbitrator’s decision that DoDEA’s implementation violated an agreement with FEA.
Context
In 2019, an independent arbitrator ruled that DoDEA acted illegally and committed an Unfair Labor Practice when it violated an agreement it has with FEA. That agreement designates the Educator Performance Appraisal System (EPAS), which the Association and Agency had negotiated, as the proper evaluation tool for the Overseas unit. The arbitrator’s decision stated DoDEA violated the terms of that agreement when it unilaterally implemented the Defense Performance Management and Appraisal Program (DPMAP) on Overseas employees. The arbitrator ordered DoDEA to reinstate EPAS. DoDEA then appealed that arbitrator’s ruling to the Federal Labor Relations Authority (FLRA), which granted management’s request to vacate, or set aside, the ruling.
This past December, the FLRA issued a decision granting FEA’s motion for reconsideration of that previous FLRA decision. The FLRA overruled its 2018 decision and reaffirmed the arbitrator’s decision that DoDEA had violated the agreement by implementing DPMAP. Additionally, the FLRA rejected the Agency’s arguments that the agreement was somehow open or not in effect at the time it implemented DPMAP.
A 'Huge Victory'
H.T. Nguyen, the former FEA Executive Director and General Counsel and one of two attorneys who represented the Association before the Arbitrator, spoke about the significance of this win:
“This case is a huge victory for FEA members in the Overseas bargaining unit. I am glad justice prevails. Adversely impacted educators must be made whole! I will update educators when more information regarding the implementation phase becomes available.”
FEA and DoDEA will now discuss implementation and next steps on a new performance appraisal system. Educators need a system appropriate for the nuances and subjective nature of education, which is different from the often-objective nature of much work in the DoD. The issue is likely to be part of the new negotiated agreement for educators in the Overseas bargaining unit that is currently being negotiated by FEA and DoDEA.
