3.5% PAY HIKE
NOW LAW
OPM RELEASES 2005 PAY TABLES
President Bush has signed an executive
order implementing the 3.5% average pay raise for the first full pay
period in 2005. Employees assigned to the Merrillville POD will
receive a 3.75% raise. Most of the rest of the state is governed
by the "rest of the U.S" and will have a 3.26% raise. The pay
raise percentage for Indianapolis (including Carmel, Greenwood,
Columbus and the
Call Site) is 3.33%. Employees won't see the increased pay until
the pay day of January 31
for those with direct deposit (a few days later for those not on direct
deposit).
Click here for the
"Rest of the U.S." pay chart (Indiana except Indianapolis and
Merrillville)
Click here for the
Indianapolis pay chart, including the Call Site, Carmel, Greenwood
& Columbus.
Click here for the
Merrillville pay table (Chicago area).
MANAGEMENT
RESCINDS R.O. MEMOS
Management
has recently issued some memoranda to Revenue Officers that NTEU
objected to in the strongest terms. Now, IRS has agreed to pull
back on those offending documents. There was an October 29,
November 18 and November 19 memo concerning inital taxpayer
contact and issuance of Notice 1058. Here's NTEU National
President Colleen Kelley's statement...
NTEU vigorously
objected to
management issuance of these memoranda, since management’s action
obviates our
statutory and contractual rights. Accordingly,
management has agreed to rescind the memoranda,
effective
immediately. Should management decide to
pursue these matters, it will provide appropriate quarterly
notification to
NTEU, as required by the National Agreement.
I am very
pleased that management has decided to
rescind these memoranda and to implement them only following
appropriate notice
to and bargaining with NTEU
RO HIGHER GRADED
DUTY
GRIEVANCE SETTLEMENT
On December 6, 2004, Chapter 49 signed an agreement
to settle the RO mass grievance for higher graded duties.
The grievance was filed
because Indiana
Collection group managers were down-grading cases with no explanation
of why in
the case histories. Nor were discussions
about the downgrades being conducted with the ROs.
When ROs attempted research to find out why, the IRM
information
indicated that the section regarding changing of case grades was
obsolete.
The new
manual section IRM
1.4 replaced the obsolete IRM 114.1, but did not contain any changes. The case information that was obtained from
the Revenue Officers by former Chief Steward Karen McKibben was
reviewed and if
the case grade criteria applied, most did meet the criteria to be
reduced in
grade. Although most group managers did
not indicate the reasons for the down-grade in the case histories, that
ultimately did not change the fact that the cases did meet the criteria
to be
downgraded.
Unfortunately, this means
that we had to concede that we did not have enough information to
secure higher
graded duty pay for a majority of the Revenue Officers in the state.
A memo from Territory
Manager, Indianapolis
1 that was provided to management during the grievance meeting
indicated that 4
employees did work over their grade level for a 120 day period. These employees will be awarded a temporary
promotion to the next higher grade level for 120 days.
In addition to this remedy,
it was agreed that all group managers will have a case down-grading
discussion
during a future group meeting. It will be explained to Revenue Officers
how the
decisions to downgrade cases are made. It
will also be explained to Revenue Officers that they need
to discuss
any disagreements over the downgrading of a case with the manager.
If this does not happen, NTEU
needs to know.
If the downgrade criteria is
applied correctly and you are spending over 25% of your direct case
time on
higher graded cases, NTEU needs to know.
DENTAL, VISION BENEFITS
ON THE WAY
As Congress begins winding up its work for this session, one
measure that appeared dead just a few weeks ago has arisen and has been
approved by the House and Senate. This legislation will authorize
the creation of a dental and vision benefit for federal employees
outside the FEHB health insurance system. Employees will have to
pick up the entire cost of the program, but the large pool available
should provide competitive rates and coverage for those choosing to
participate. The program is not expected to be up and running
until 2006.
Click here
for more on this.
Click
here for NTEU's view.
MORE ON PRIVATE TAX
COLLECTORS
Even though legislation providing for private sector
collection of federal taxes has been signed into law, NTEU continues
the fight to rollback this very bad public policy idea.
Click
here for more on this.
NTEU WINS ARBITRATION OVER
2003 AWARDS
PAYOUTS
NTEU has once again won an important arbitration case at the
national level. This case is over the amount of money IRS
paid-out in the fiscal-year 2003 to rank-and-file employees. The
arbitrator agreed with NTEU that management did not hold up its part of
the contract to fund the awards program fully. Here's more on
this from NTEU National President Colleen Kelley....
We charged that the IRS did not properly fund the program
because it wrongly calculated the amount of money that employees were
due. Our evidence was based on the bargaining history established at
the hearing and the IRS’s spreadsheets showing the arbitrator what they
actually paid versus what they should have paid. The arbitrator
accepted all of our arguments on this issue and ordered the IRS to pay
$6.67 million in retroactive awards money to unit employees just for FY
2003. If we were to apply this interpretation to the pending grievance
over the FY 2004 distribution, that would add approximately $2 million
more to the amount that must be paid retroactively.
The arbitrator is giving the parties 30 days to negotiate how to
distribute these funds. If they cannot reach agreement, he will issue a
decision on how to do so.
We'll let you know when the distribution of money is
decided. This is just another example of why your NTEU membership
is so valuable. The money it takes to press cases like this comes
from the membership. If you are a member of NTEU, you should be
proud of being a part of an organization that gets things done for
you. If you're not a member, check with any Chapter 49 steward
and we'll get you into the only institution with your interests in
mind.
MID-TERM BARGAINING BEGINS
The National Agreement is a (5) five-year contract.
Halfway through the five-years, mid-term bargaining is conducted.
Both the union and management may open a limited number of articles in
the contract for bargaining. Those negotiations have begun in
Washington.
Here
are some of the proposals NTEU is making at the bargaining table....
-the right to bargain for you on any loss of free parking
-prohibit call site leads from doing employee evaluations
-revise the way Critical Job Elements are examined by NTEU prior to any
bargaining
-move performance appraisals back to the regular grievance procedure
-limit IRS' right to appoint outside job candidates before internal
candidates are considered
-terminate internal barriers to applying for positions
-simplify and improve awards, incorporating more fairness into the
system, equitably distribute QSIs and increase bilingual awards to $450
-protect employee rights in any reduction in force (RIF)
-increase to 3 (three) the number of credit hours that could be worked
in one day and expand the right of employees to start work before 7:00
AM
-make a number of changes in the grievance procedure to expand the
rights of employees to use the system
-liberalize rules for flexiplace.
Here are management's proposals
-force all "field"
employees (mostly ROs and RAs) to share workstations on a 5-1 ratio
-lower the manager responsibilities when attempting to lower CJE scores
-give Call Site Leads the authority to prepare performance appraisals
(evaluations)
-give management the unilateral right to set times for learning curves
-allow managers to convert seasonals to full-time permanent without
competition
-limit awards to those with outstanding ratings (mostly those with
straight 5s)
-abolish bi-lingual awards
-take out all contract language on RIFs and refer only to management's
regulatory right to run a RIF
-prohibit more workers from using a work start time before 7:00 AM
-remove workers from alternative work schedules for unspecified
performance issues with no due process
-limit the matters that can be grieved
-limit where employees may work flexiplace
-require workers on flexiplace to give managers keys to their homes
On top of all that, IRS wants to insert a number of contract provisions
making it much more difficult for NTEU to represent you on workplace
issues.
As you can see, the NTEU bargaining team has its work cut out for
it. We will keep you posted on any developments as we get
information on the progress of these talks.
SQUELCHING RUMORS
There has been a rumor circulating in a number of different
forms that claims to know that the federal government is about to
eliminate the CSRS retirement system. There is only one thing
wrong with this rumor. It's not true.
OPM has taken steps to consolidate CSRS and FERS retirement system data
in one electronic database. According to OPM, the purpose of this
effort to modernize their systems is to improve the processing time for
determining employee retirement eligibility. In addition, this is
expected to allow OPM to calculate employee annuities in a much shorter
period of time. Currently, new retirees often receive estimated annuity
payments for several months before they begin receiving the correct
retirement annuity. The electronic database is intended to permit OPM
to process retirement eligibility and payments in a matter of weeks
instead of months.
Some employees expressed concern that OPM was taking these steps in
order to eliminate the CSRS. In fact, for purposes of paying annuities,
the CSRS and FERS retirement systems are already combined as one
account. When the newer FERS retirement system was adopted, federal
employee representatives insisted that the CSRS and FERS trust funds be
joined. This joining of the trust funds guaranteed that even as the
number of CSRS participants dwindled, there would still be sufficient
funding to cover retirement benefits for CSRS retirees.
NTEU GETS IRS TO SETTLE CASE ON
COMPETITIVE
SOURCING
Some time ago, NTEU filed a national action against IRS over
competitive sourcing (that's when private companies are allowed to bid
on our jobs). IRS suddenly stopped briefing NTEU or allowing us
to be involved in competitive sourcing decisions. That's a major
change from past practice and resulted in NTEU filing the action.
Now we are told that IRS has agreed to a settlement of this case.
Under the settlement, the IRS has agreed to adhere to the
following procedures:
• promptly brief NTEU on the outcome of any business case analyses
(BCA);
• share competitive sourcing documents with NTEU before they go out so
the union can make sure they are clear and accurate;
• provide NTEU copies of the BCA reports, redacted only to the extent
required by law; and
• furnish NTEU with the names, grades, series, and locations of any
bargaining unit employees within the scope of a competitive sourcing
study promptly after completing the BCA.
Here's what NTEU National President Colleen Kelley says about this
settlement...
The IRS had strayed from these practices recently causing
confusion and concern among the bargaining unit employees. I am pleased
that the IRS is reaffirming its commitment to follow the effective
procedures we worked out with it in the early days of the
administration’s competitive sourcing initiative. These procedures keep
the union “in the loop” throughout the competitive sourcing process,
enabling us to provide the best representation possible to employees
going through a competitive sourcing study.
This is a major victory for NTEU. The
settlement allows us to be involved in protecting your interests when
your job is put up for bid to the private sector.
COMP TIME
MEASURE SIGNED INTO LAW
President Bush has signed into law a bill allowing federal
employees to earn compensatory time off in situations not allowed
by the law before.
This compensatory time for travel provision will permit federal
employees who have to travel on their own time, and outside their
normal working hours, to receive compensatory time for official
business travel time. Under the provisions of the legislation,
employees eligible for this compensatory time will not be permitted to
receive payment for this time if they find they are unable to schedule
its use. Nonetheless, NTEU has worked to secure this type of
legislation for many years and we are pleased that the compensatory
time for travel provision has been signed into law.
The Office of Personnel Management (OPM) now has 90 days to
write regulations to implement this law provision. We'll keep you
posted on this.
IRS FINALLY LIVES UP TO
CONTRACT
AGREEMENT
When we negotiated the National Agreement, we thought we had some clear
language on rebuttals to performance appraisals (job
evaluations). Then management put a goofy spin on what had been
(we thought) settled at the bargaining table. Finally, management
has settled this issue. Here's how National President Colleen
Kelley describes the settlement of the controversy......
As part of a recent grievance
settlement, NTEU and the IRS have agreed to modify Article 12, Section
4H of the term contact. The IRS had taken the position that if an
employee writes a rebuttal to an appraisal, the employee loses the
right to file a grievance over that appraisal and therefore gets no
official time to prepare a grievance. This was one of the many
incorrect interpretations that its bargaining team distributed after we
reached the last agreement.
Once this dispute got to the arbitration level, we were able to
convince national management negotiators that their interpretation was
not only wrong, but poor policy. Consequently, we settled the grievance
by modifying the existing contract language.
Pursuant to this modification, an employee can have time to write a
rebuttal and, if unsatisfied by the response to the rebuttal, the
employee can file a second step grievance and get time to prepare it.
This interpretation meets everyone’s goal of trying to reduce the time
these grievances take while also attempting to produce a settlement
short of a grievance.
MITS
WORKERS GET RIF DEAL AFTER NTEU COMPLETES HARD BARGAINING WITH IRS
It was always just a matter of fairness. MITS employees
with jobs on the management chopping block were only asking that
management do what was within its legal authority to lessen the pain of
the cloud hanging over their collective heads. For a long time,
IRS management refused to provide anything, in some cases even claiming
it didn't have to follow the clearly-written law to respect employees'
rights.
Now, after months of difficult bargaining, and with the help of a
mediator, NTEU and IRS management have hammered out an agreement to
help these MITS employees. A job swap system will be
implemented. Outplacement services will be provided during work
time. There are many other details included in this pact to help
MITS workers. Chapter 49 President Duncan Giles has provided the
details to all our members benefiting from this document.
The message here is this - NTEU is doing everything in its power to
help and protect employees such as those facing the RIF in the MITS
organization. Both Chapter 49 and the national union are fighting
every day on your behalf. This is just one major example.
TAX
LAW PHONE ADVICE OUTSOURCING SHELVED BY IRS MANAGEMENT
IRS has decided not to continue
with outsourcing telephone tax law help due to a reorganization
underway in the area of the Service. But results of the test done
last year produced results that should make any IRS tax law telephone
assistor smile. Here's part of the statement to IRS chapter
presidents from NTEU National President Colleen Kelley.....
The IRS selected Spherix Inc., a vendor based in Maryland, to
participate in a pre-feasibility study of the Toll-Free Tax Law unit.
The reason for the eight-week study was to (1) determine whether a
vendor could provide tax law assistance at the same quality or accuracy
level as the IRS currently provides and (2) to obtain customer
perception to receiving tax law advice from a vendor rather than the
IRS. The pre-feasibility study took place during the 2004 tax season
(February 2004–April 2004).
The IRS has now made some decisions regarding the study. The agency has
decided to not move forward with an A-76 competition in the Toll-Free
Tax Law function at this time. This decision, however, does not come as
a result of the pre-feasibility study conducted this past filing
season. Within the past several months, the IRS has decided to combine
the SB/SE CAS organization with the W&I CAS organization. In order
to ensure the maximum opportunity for success in that newly merged
organization, the agency has determined that there is no need to move
forward with any A-76 consideration of the Tax Law function at this
time.
The IRS has decided that the reorganization should be implemented prior
to deciding whether to move forward with the Business Case Analysis
(BCA). However, the pre-feasibility findings by the agency are worth
highlighting. In terms of vendor accuracy, IRS employees scored an
accuracy rating at a level almost two (2) times higher than the private
contractor (82.4% versus 44.6%). In terms of customer perception,
taxpayers responding to the survey expressed concerns about receiving
tax law advice from non-IRS employees. Additionally, the taxpayers also
expressed concerns about confidentiality and privacy of their taxpayer
information.
While the IRS has determined that it will not move forward with any
A-76 competition at this time due to the merger of the Customer
Accounts organization, it is NTEU’s belief that the information
gathered in this test provides compelling reasons for the agency to not
move forward with an A-76 competition of this function in the future.
We are pleased that this vendor test confirms what IRS employees knew
all along, that IRS employees are the best source for providing this
IRS service to the taxpayer.
IRS FORMALLY
SAYS
NO MORE
HIRING WITHIN
A DIVISION
You may recall a few weeks ago we told you that IRS management had
committed to stop the practice of announcing job openings as available
only to employees within one operating division of IRS. NTEU is
happy to announce that IRS has finally confirmed this in writing.
Click
here to read the management memo.
BILQUE FAMILY
THANKS
(Chapter 49 Communications Steward Larry Lannan sent George Bilque's
family a copy of the memorial newsletter for George, as well as
comments from many of you about the late former long-time president of
this chapter. The following letter was sent to Larry)
Dear Larry,
Thank you very much for forwarding the NTEU Bulletin with all the
comments from the people with whom George worked, and also the
individual letters.
These letters and memoir anecdotes regarding their working experiences
with George are very heartwarming and a consolation to us his family.
They serve to give us an insight as to the type of work he was involved
with and the high regard in which he was held by the organization, and
we take pride in knowing that he was respected, not only for his
capability
in his job, but also for his willingness to insure that others were
treated
fairly in accordance with the provisions of the organization and the
union.
We would appreciate, greatly, anything you could do to transmit our
thanks to those individuals who took the time to provide us with their
feelings and thoughts concerning George, as we do not have an address
for them. They have been of tremendous help for all of us to
formulate an image of his value and worth for the intervening time in
which we were not in contact with
him.
God Bless you all.
George Sr., Jan, Marcie & Linda Bilque
NTEU GOES TO COURT TO
PROTECT OUR
RIGHT
TO BARGAIN
FOR YOU
A recent decision by the Federal Labor Relations Authority
(FLRA) could narrow the ability of federal unions to bargain on behalf
of federal workers. NTEU has joined with another federal union in
going to court to challenge this potentially damaging FLRA decision.
Click
here to read more about it.
OVERTIME RULES -
NOT FOR US -
