Good afternoon Chapter 141,
While speaking with the membership, it was discovered that you wanted us to get back to doing a chapter update. Additionally, members who do not have Facebook also indicated that the felt left out of the loop.
We will be posting the same information in 2 places; the NTEU Chapter 141 Facebook group and the 141 Blog on the website. We have created the website to give those members without Facebook the ability to receive the same information. The website will also allow for us to develop other resources for all members as well. The website is not complete, but we want to launch it to get the blog up and running as soon as possible. The long-term plans of the website are to include retirement tips, coordinate volunteer efforts, JAC awards tips, steward resources and whatever else you suggest.
The website address is www.nteu141.com. You will have to register using your personal email. Members will be verified and then you will gain access to the full site.
If you have any trouble or have any suggestions, please email me at email@example.com or call 207-717-6455. We are also looking for photos to use for the website. If you have any you are willing to share, please reach out.
The following is the chapter update:
Portsmouth Duty Officer Program Negotiations
In early 2021, Portland management deviated from a verbal agreement in the Portsmouth office. Going against this agreement, Portland management changed the Portsmouth officer’s schedules start and end times in order to cover the Manchester Airport. As a result of this we filed a grievance that went to step 3, where we prevailed. As a result, Manchester Airport will now be turned over to Boston Logan Airport.
Portland Ag CWS negotiations
Portland, Maine recently hired a 2nd agriculture specialist. As a result, management wished to have 7 day a week coverage year around instead of the current 5 day coverage they have had for years. We were able to negotiate a new 5,4,9 CWS schedule for the Ag specialists in Portland with peak coverage of every other Saturday and no Saturdays during the off season.
Jackman Overtime Cancelation
A Jackman officer properly reported for their overtime shift at midnight and was advised
at 2355 they were advised that the overtime shift was canceled. As the officer was preparing to leave, the manager came out and said “we’ll offer you a 2 hour overtime shift” to which the officer correctly declined. In essence, stating that they were creating a B.S. overtime assignment. They did not compensate the officer for properly reporting for an overtime assignment that was canceled. An officer is entitled to 2 hours of compensation in situations outlined above. Compensation meaning you do not have to work the 2 hours. We filed the grievance and got the officer compensated their 2 hours of overtime.
We won’t go into details but we are representing employees for 6 proposed suspensions and 2 proposed terminations within the last 4 months. Know that if you were to find yourself facing these challenges at work, you will not be alone. Please keep us involved any time management starts any of these disciplinary action processes.
The contract states that you are ineligible to transfer via NROB or participate in PT FIT while facing “disciplinary action.” It also clearly states that “actions where a decision has been made are not pending.” We have officers who have been issued their decision letter, and the employee has elected to exercise their rights to defend themselves.
Management has incorrectly determined that they are allowed to deny officers PT FIT because they think they are still “facing disciplinary action.” This includes the time employees are forced to wait, at no fault of their own, to exercise their due process outlined in the contract. Management has taken the incorrect position that you are guilty until proven innocent. They have punished employees for exercising their rights to request oral replies, a process that takes months from start to finish.
Daylight Savings Grievance
During daylight savings time, management unilaterally deviated from past practice and
violated your CWS agreements all in the same breath. They forced officers to leave early in an effort to save an overtime for daylight savings. You are entitled to work until the end of your negotiated shift. What management did was the equivalent of calling you in at 1100 for your 1200 shift just to send you home at 2300 instead of your negotiated 2400 to save an hour of overtime. This grievance is currently at the step 3 level, and we will let you know when we have further updates.
COVID guidance has been inconsistent from the beginning, especially over the past few months. Please check out the new NTEU141.com website for the latest guidance we have as well as nteu.org/faqs.
Hazard Pay/Differential for Annual/Sick Leave and Sundays
NTEU National filed a grievance concerning CBP’s decision to not pay either Hazardous Duty Pay or Environmental Differential Pay to those employees that are exposed to COVID-19 because of their work for CBP. Following CBP’s denial of the grievance and the arbitrator’s favorable decision denying CBP’s motion to stay an arbitration hearing on the matter, the Parties held that hearing on September 1, 2, 3, and 20, 2021. Following the submission of post-hearing briefs on November 4, 2021, the Parties requested that the arbitrator issue a decision as quickly as possible and preferably by the end of 2021. NTEU recently learned that a decision from the arbitrator is likely to be issued in February 2022. Although we all hoped for a decision by now, the delay is understandable given the legal and factual complexity of the case, the extent of testimony, and volumes of exhibits presented at the hearing. As soon as we receive a decision from the arbitrator or any further status updates, we will share that information with you.
Additionally, NTEU National has also filed a grievance over the Sunday/Annual leave shift differential issue. That is also still pending litigation and we will update you when we hear what has happened.