American Federation Of Government Employees

American Federation Of Government Employees Local 2145 And Department Of Veterans Affairs Medical Center Richmond Virginia

UNITED STATES OF AMERICA

Office of Administrative LawJudges

WASHINGTON, D.C. 20424-0001

MEMORANDUM DATE: November 4,2005

TO: The Federal Labor RelationsAuthority

FROM: PAUL B. LANG

SUBJECT: AMERICAN FEDERATION OFGOVERNMENT

EMPLOYEES, LOCAL 2145

RICHMOND, VIRGINIA

Charging Party

Pursuant to Section 2423.34 ofthe Rules and Regulations 5 C.F.R. §2423.34, I am herebytransferring the above case to the Authority. Enclosed are copiesof my Decision, the service sheet, and the transmittal form sent tothe parties. Also enclosed are the transcript, exhibits, and anybriefs filed by the parties.

Enclosures

Office of Administrative LawJudges

WASHINGTON, D.C. 20424-0001

NOTICE OF TRANSMITTAL OFDECISION

The above-entitled case having beenheard before the undersigned Administrative Law Judge pursuant tothe Statute and the Rules and Regulations of the Authority, theunder-signed herein serves his Decision, a copy of which isattached hereto, on all parties to the proceeding on this date andthis case is hereby transferred to the Federal Labor RelationsAuthority pursuant to 5 C.F.R. §2423.34.

PLEASE BE ADVISED that the filingof exceptions to the attached Decision is governed by 5 C.F.R.§§2423.40-2423.41, 2429.12, 2429.21-2429.22, 2429.24-2429.25, and2429.27.

Any such exceptions must be filedon or before

Office of Case Control

1400 K Street, NW,2ndFloor

Washington, DC 20005

Office of Administrative LawJudges

WASHINGTON, D.C. 20424-0001

Statement of the Case

ORDER

American Federation Of Government Employees

The American Federation of Government Employees is an American labor union representing over 670,000 employees of the federal government, about 5,000 employees of the District of Columbia, and a few hundred private sector employees, mostly in and around federal facilities. AFGE is the largest union for civilian, non-postal federal employees and the largest union for District of Columbia employees who report directly to the mayor . It is affiliated with the AFLCIO.

Gsa Signs Labor Agreement With American Federation Of Government Employees

WASHINGTON The U.S. General Services Administration and the American Federation of Government Employees signed a new three-year labor agreement today that will cover the 3,500 GSA employees who are AFGE members.

I want to extend my sincere thanks for a job well done, Administrator Lurita Doan said at a signing ceremony. Both sides will benefit from this fair and forward-looking contract.

Also present for the signing ceremony were AFGE President John Gage, GSA Chief Human Capital Officer Gail T. Lovelace, and members of the GSA and AFGE negotiating teams.

The GSA negotiation team was led by Director of Labor Relations Art Valero, Deputy Regional Administrator George Prochaska of GSA’s Greater Southwest Region and other representatives from the Office of the Chief Human Capital Officer, the Office of the General Counsel and GSA’s New York, Kansas City and San Francisco regional offices.

The contract includes new language on performance awards for eligible employees, clarification of the grievance and arbitration processes, ethics training and a point of contact for employees as well as computer-based management training on the new labor agreement.

Did You Know? GSA has several programs designed to ensure a continued tradition of strong leaders. One such offering, the GSA Leadership Institute, provides a week of training in delegation, performance management and conflict resolution to new GSA supervisors.

Last Reviewed: 2017-08-13

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American Federation Of Government Employees Local 1840 And Carol Eyermann

UNITED STATES OF AMERICA

OFFICE OF ADMINISTRATIVE LAW JUDGES

WASHINGTON, D.C. 20424-0001

On June 30, 1995, the General Counsel of the Federal LaborRelations Authority , by the Acting RegionalDirector, Dallas Region, issued a complaint and notice of hearing.The complaint alleges that the Respondent violated section7116 and of the Federal Service Labor-ManagementRelations Statute by rescinding its earlier decisionto take an employee’s grievance to arbitration because the employeewas not a member of the Respondent.

The complaint specifically advised the Respondent that itmust file an answer with the Dallas Regional Director no later thanJuly 25, 1995. The complaint also stated that, “f the Respondentdoes not file an answer, the Authority will find that Respondenthas admitted each allegation. See 5 C.F.R. § 2423.13.”

On August 11, 1995, Counsel for the General Counsel filed amotion for summary judgment on the ground that the Respondent hadnot filed an answer and had, therefore, admitted all theallegations set forth in the complaint pursuant to 5 C.F.R. §2423.13.

The allegations of the complaint having been admitted, thereare no genuine issues of material fact and the General Counsel isentitled to summary judgment. U.S. Department of Treasury,Customs Service, Washington, D.C. and Customs Service, Region IV,Miami, Florida, 37 FLRA 603, 610 . Accordingly, theGeneral Counsel’s motion is granted, and I make the followingfindings of fact, conclusions of law, and recommendations.

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How Do I Know If Im Eligible To Join Afge

• Government employees are eligible for union membership if there is an AFGE-affiliated union at their worksite.
• If you dont know if AFGE is at your worksite, and select the AFGE District where you work. Contact the National Vice Presidents office and tell them youd like to join, but arent sure you are represented.
• If the District office is unable to assist, contact the AFGE Membership and Organization Department at 639-6410.

Citing Resources In The Web Archive

Citations should indicate: Archived in the Library of Congress Web Archives at www.loc.gov. When citing a particular website include the archived website’s Citation ID . Researchers are advised to follow standard citation guidelines for websites, pages, and articles. Researchers are reminded that many of the materials in this web archive are copyrighted and that citations must credit the authors/creators and publishers of the works. For guidance about compiling full citations consult Citing Primary Sources.

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Welcome To The Afge Local 1658

• US Army Tank-automotive and Armaments Command , Detroit Arsenal, Warren, MI & Selfridge Air National Guard Base, MI
• Program Executive Office, System of Systems Engineering and Integration, Warren, MI
• Program Executive Office, Combat Support & Combat Service Support, Warren, MI
• Program Executive Office, Ground Combat Systems, Warren, MI
• US Army Tank Automotive Research, Development & Engineering Center, Warren, MI
• Army Contracting Command Warren, Warren, MI
• US Army Garrison Detroit Arsenal, Warren, MI & Selfridge Air National Guard Base, MI
• Network Enterprise Center Detroit Arsenal, Warren, MI
• Military Medical Readiness and Occupational Health Center, Warren, MI
• Defense Commissary Agency, Selfridge Air National Guard Base, MI
• Joint Systems Manufacturing Center Lima Army Tank Plant, Lima, OH

A brief history of our Union

Born in the depths of the Great Depression, AFGE formed in 1932 at one of the most uncertain periods in our nations history. Elected officials had crippled the civil service, wage cuts and furloughs were on the rise, and promotions and leave privileges were hard to come by. Back then, federal employees lacked many of the basic rights they enjoy today like health insurance, overtime pay, and weekends without work.

American Federation Of Government Employees Local 2463 Smithsonian Institution

The Local 2463 of the American Federation of Government Employees is a Labor Union that represents employees of the Smithsonian Institution. It is affiliated with the AFL-CIO.

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The Proposal Impermissibly Affects Management’s Right To Direct Employees And Assign Work Under Section 7106 And Of The Statute

In American Federation of Government Employees, HUD Council of Locals 222, Local 2910 and U.S. Department of Housing and Urban Development, 54 FLRA 171 , the Authority clarified the sequence of analysis it will use to resolve negotiability disputes where the parties disagree as to whether a proposal comes within the terms of section 7106 or section 7106. Where an agency claims that a proposal affects a management right or rights under section 7106, and a union claims that the proposal is within the duty to bargain under section 7106 and/or , or is electively negotiable under section 7106, the Authority will first resolve those claims that would determine if a proposal is within the duty to bargain, and then, if necessary, address those claims that would determine if a proposal is electively negotiable. See alsoAmerican Federation of Government Employees, Local 1917 and U.S. Department of Justice, Immigration and Naturalization Service, New York, New York, 55 FLRA 228, 236 .

B The First Two Sentences Of The Proposal Are Properly Before The Authority And The Third Sentence Should Be Dismissed

The Authority has found, however, that where a modification of a proposal consists of the addition of terms to the sections of a proposal alleged to be nonnegotiable, it will consider the negotiability of the sections originally in dispute and dismiss the petition only as to the modification. SeeNational Federation of Federal Employees, Local 1482 and U.S. Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Production Center, Louisville, Kentucky, 45 FLRA 1199, 1200 . See alsoNational Association of Agriculture Employees and U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Washington, D.C., 48 FLRA 1323, 1324 n.* . Cf.American Federation of Government Employees, Local 1426 and U.S. Department of the Army, Fort Sheridan, Illinois, 45 FLRA 867, 871 .

Accordingly, we find that the disputed first two sentences of the proposal are properly before the Authority. We dismiss the petition for review as to the third sentence without prejudice to the union’s refiling as to that sentence at a later date should the union meet the conditions for review.

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B Analysis And Conclusions

There are two prongs to the Authority’s test used to determine whether a proposal concerns the methods or means of performing work. First, the proposal must concern a “method” or “means” as defined by the Authority. In this regard, the Authority construes the term “method” to refer to how an agency performs its work. See, e.g., General Services Administration and American Federation of Government Employees, Council of GSA Locals, Council 236, 54 FLRA 1582, 1590 n.6 . The term “means” refers to what an agency uses to perform its work. Id. Second, it must be shown that: there is a direct and integral relationship between the particular methods or means the agency has chosen and the accomplishment of the agency’s mission and the proposal would directly interfere with the mission-related purpose for which the methods or means was adopted. See, e.g., Association of Civilian Technicians, Arizona Army Chapter 61 and U.S. Department of Defense, National Guard Bureau, Arizona National Guard, 48 FLRA 412, 420 .

Legal Actions And Litigation

American Federation of Government Employees Local 2463 v Smithsonian Institution

In 2020, a $7 million settlement was reached regarding the AFGE‘s FLSA & Overtime Grievance filed against the Smithsonian in 2015. According to the settlement, which reflects the Smithsonian Institution’s “cooperation and commitment to compliance with the FLSA,” the Smithsonian agreed to pay $7 million to resolve Local 2463 AFGE union claims on behalf of aggrieved current and former employees who were not properly compensated for time worked. Certain employees had been incorrectly determined by the Smithsonian as exempt from the FLSA, and not properly paid for overtime labor.

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