NTEU Calls Upon Senate to Approve Financial Reform Bill

NTEU is strongly urging members of Congress to support Financial Regulatory Reform Legislation (Dodd-Frank Act.)    The final legislation does not include all of the recommendations NTEU made. However, as we have witnessed, the legislative process is all about compromise.  One that NTEU has not compromised on, however, is ensuring legislative safeguards and protections for Federal Employees.   For example, many OCC employees in the compliance area are concerned about the creation of the Consumer Finance Protection Agency (CFPA) and what this may mean for them.  There are certain facts we all should be aware of:

1. Even though the CFPA will be housed in the FRB and not a separate agency, all CFPA employees will be Federal Employees and therefore will have collective bargaining rights.
2. The legislation includes language that precludes CFPA from taking anyone they want.  The CFPA will have to negotiate any transfer of OCC bargaining unit employees.
3. No employee transferring to the CFPA will lose any currently accrued stature, pay, or benefits.

For some employees, the creation of the new CFPA is likely to create significant new opportunities particularly for employees that already possess the desired skill sets and regulatory experience.  Consequently, NTEU believes that sufficient safeguards are in place that protect any employee from losing their job (subject only to inadequate or nonperformance of duties) and that no employee will suffer a loss in pay or benefits. 

We are encouraging all readers of Chapter Chatter to ask their Senators to vote for approval of this legislation.  You can assist in this process by visiting NTEU’s Capwiz legislative website, which you can access through the OCCNTEU Home Page, in the bottom left column.  Once you click on the Capwiz link, click on the item listed as Yes on HR 4173, The Dodd-Frank Wall Street Reform and Consumer Protection Act.

Be sure to use your home computer and private email account.  DO NOT USE AN OCC COMPUTER OR OCC EMAIL ADDRESS!   From your home computer, you can also go to the OCCNTEU Home Page or go to the following web link directly: 

http://capwiz.com/nteu/issues/alert/?alertid=15196121&type=TA

It will take you only two or three minutes of your personal time to send a message to both of your Senators.

Congresswoman Visits OCC Field Examiners

On June 21^st Congresswoman Jackie Speier (D-Ca 12^th) met with employees from both lines of business in the San Francisco Field Office.   The event was hosted by NTEU Chapter 301 and was in a town hall type format.   The meeting was well attended and, as expected, OCC examiners readily shared opinions and offered observations.  We believe this may be a first at the OCC outside of headquarters, where a member of Congress spent two hours meeting with front line OCC employees, asking questions, and listening to employee concerns. 

Congresswoman Speier is a freshman on the House Financial Services Committee (HFSC), which has 71 members.  However, she is taking her role very seriously.  "It creates a culture where people don't have to show up," she says about the combination of the committee's size and the ever-pressing fundraising concerns.  She says she began to think she was stupid for showing up to every single hearing when she first arrived on the Hill. "I don't know if it's just an unspoken rule around here -- because I'm still very new -- but it appears you don't have to show up for the hearing. You just show up to vote... I think for really thoughtful discussion and review to take place, you have to be an active participant. You can't just be the vehicle to whom one of the special interests throws an amendment with a statement attached and feel that you're doing the people's work."

The Congresswoman asked questions about the role of political influence on our work, the adequacy of staffing and resources, succession planning, our relationship and role with the other financial regulators, and thoughts on the reform bill.   She inquired about the credit crunch, noting that bankers always blame it on the regulators.  The event was well attended and employees willingly offered their thoughts and insights. 

When informed that this is the first known time that a member of Congress has met with front line employees and asked their opinions, she commented; “Well I will need to encourage my colleagues to get out and meet with you.”  

We can only hope so!   

Update on FERS Buy-Back

As previously reported in Chapter Chatter, legislation was passed last fall that would allow FERS employees who left the federal government and later returned to “buy-back” or recapture their previous federal government service time through a FERS redeposit.   Unfortunately, OPM has been extremely slow in getting this program off the ground.  Any employee who wishes to recapture their previous time can submit a request.  OPM is now accepting forms but does not yet have the system ready to process a redeposit.   OCC employees who wish to know more about this should visit the following:  http://occnet.occ/OCCnet/employee/FERS-Redeposits.pdf.  NTEU has recently notified OPM of employee concerns regarding their need to get this system up and running.   For additional information, contact your OCC HR representative.

OPM Issues Rules Modifying “Family Member” and Leave Usage.

The Office of Personnel Management (OPM) issued on June 14, 2010 final regulations to modify definitions related to "family member" and "immediate relative" in the context of its rules governing absences and leave (Family Friendly Leave Act.)  Under these new regulations, same-sex domestic partners of federal employees will be treated the same as other family members for purposes of sick leave, funeral leave, and similar workplace benefits. 

The new regulations, which take effect July 14, 2010, cover the circumstances under which an employee is entitled to take sick leave to care for a “family member” and to take funeral leave in connection with the funeral or memorial service of an “immediate relative.”   Both of those terms are already defined broadly to include individuals who have a close association with the employee akin to a family relationship.  OPM has now added additional examples to make explicit its intent that the terms be defined expansively.  It lists grandchildren, grandparents, step-relatives, legal guardians, legal wards, and those who stand “in loco parentis” to the employee.  In addition, OPM includes same-sex domestic partners, as well as the parents and the children of the domestic partners. 

Equally important on June 22, 2010, the US Department of Labor has clarified the definition of “son and daughter” under the Family and Medical Leave Act (FMLA) to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.  The FMLA entitles an employee to 12 work weeks of leave for the birth or placement of a son or daughter, to bond with a newborn or newly placed son or daughter, or to care for a son or daughter with a serious health condition.  The definition of “son or daughter” under the FMLA includes not only a biological or adopted child, but also a “foster child, a stepchild, a legal ward, or a child of a person standing "in loco parentis.” 

Employee Right to Representation

In the June 28^th What’s New at the OCC, the following announcement appeared:

Attention bargaining unit employees: Go to OCC News to read the notice of your right to union representation at investigatory examinations.

One of the many advantages of the union is the right to have a representative or witness present at any investigatory examination.  But what does this exactly mean?  Rules exist for formal meetings and investigations.  In general, if a meeting is formal the union must be notified and provided an opportunity to be present.  With respect to an investigation, a manager must allow a representative into the meeting "if" the employee requests representation and reasonably believes disciplinary action will result from the meeting.  There entitlements are referred to as the Weingarten rights.  In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc.,  420 U.S.  251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. 

Before Weingarten rights are applicable, the employee must be subjected to an investigation.  Usually this means the employee is questioned about some matter or issue that has arisen in connection with the job.  As an example, if an employee is to be questioned as to why they were late for work because they were suspected of misusing official time, this would trigger their Weingarten rights.  An employee’s belief or concern that disciplinary action may result is usually sufficient.  However, the employee MUST request representation. 

The reason for the OCC notification is that the announcement is required by the Collective Bargaining Agreement.  Beyond that announcement management is not required to apprise the employee of their rights at an investigatory examination.  The burden is on the employee to know their rights.   The best advice, obviously, don’t get into trouble.   But when it doubt, ask for representation!  

How Long is a Temporary Appointment?

NTEU National President Colleen Kelley provided testimony before a House Committee on the abuses of temporary appointments at Federal Agencies.  According to a GAO report, as well as from affected workers, temporary employees are being hired year-after-year, under different appointments, allowing agencies to maintain a workforce with neither commitments nor benefits given to those employees. 

“With 180,000 temporary employees representing 10% of the federal civilian workforce, it is our duty as citizens to rectify a situation where many of these employees are being treated as second class workers,” said Chairman Stephen Lynch (D-MA).  “Although reforms have been made, we must sharpen our regulations and oversight to lessen any abuses that may be occurring.  If the federal government is to truly shine as a model employer, we must treat all our employees with the upmost fairness and respect.” 

“While temporary employment status can be useful to an agency when properly applied, it is also a status that lends itself to abuse and can be an unfair working condition for an employee,” NTEU President Colleen M. Kelley said in her testimony. 

Employees classified as temporary do not participate in the Federal Employees Retirement System (FERS) and lack the right to family and medical leave, as well as leave for military service.  Although regulations are clear that agencies are prohibited from using temporary status to avoid the costs of employee benefits, to extend the probationary period, or to avoid competitive hiring, NTEU is concerned that these regulations are often ignored.

Ms. Kelley highlighted a situation at the Federal Deposit Insurance Corporation (FDIC), which hired thousands of temporary employees during the 1980s to manage and liquidate the assets of failed banks and savings and loans.   “They served in continuous one-year appointments with thousands of them serving longer than five years and many renewed yearly for over fifteen years,” Kelley said. “These employees were clearly temporary only in name.”

With the passage of legislation creating FERS, federal employees without retirement credit (because they had years in temporary status) were able to buy back credit for the years prior to 1989 by paying for the retirement deductions that were not taken.  But the former temporary FDIC employees were not allowed to buy back credit for temporary service after 1989.  The result is that valuable service time from January 1, 1989, until the date that they actually became eligible to participate in FERS and have deductions made was essentially lost or forfeited.  “I don’t think it is too much to ask, for those very men and women who are working so hard as bank examiners, liquidation specialists, and credit union consumer compliance specialists”,  testified Ms. Kelley.

NTEU is also aware of many “temporary appointments” situations at the OCC, most notably in the CAG, RTS and ITS areas.   Chairman Lynch stated it best, “we must treat all our employees with the upmost fairness and respect.”

OCC Sponsored Retirement Party – What is the Policy?

Many OCC employees have noticed what seems to be a large disparity in the type of retirement party that one retiring employee receives versus another retiring employee.   Comments generally concern the perceived disparity between retiring employees at HQ and the field.  However, there are also differences between districts, field offices within the same district, and differences within the same field office.   Consequently, NTEU did some research on what is the OCC’s policy on Retirement Events.

PPM 3130-25 specifically authorizes the payment of “food, beverages, and site fees (e.g., rental of a banquet hall at a hotel) purchased in association with retirement receptions for employees below the Executive Committee (EC) member level.  Food and beverages are limited to finger foods, cookies, cake, punch, and the equivalent.”  

There is additional guidance that states “All expenditures of retirement expenses must be incurred for a purpose that directly or indirectly facilitates the discharge of the Comptroller’s duties and relates to the OCC’s mission.  OCC employees are expected to conduct OCC business in a prudent manner and exercise good judgment when incurring miscellaneous allowable expenses.  Deputy Comptrollers and above, or their designees, are authorized to approve the purchase of goods and service covered by this interim policy for their respective units.  These expenses must be approved in writing and in advance, and may be incurred only in accordance with the Procedures section of this policy document.”

The document continues, “Through the budget process, Deputy Comptroller and above, or their designees, are allocated funds annually to cover the reimbursement of miscellaneous allowable expense, including retirement expenses.  They are responsible for reviewing and approving (in writing) all requests to charge retirement expenses to their budgets prior to the expenditure of funds; and ensuring that retirement expenses are justified.”

Upon further questioning on the application of this policy, NTEU learned the following:  the guidance applies to all OCC locations.  One of the goals in developing the guidance was to ensure that it is appropriate for all units, while still recognizing that the wishes of individuals who are retiring should be honored.  Some employees request small events with very few attendees, while others are pleased to have larger receptions.

At HQ, receptions that are arranged on-site through the OCC’s HQ dining facility have a choice of two standard options for food that falls within the above guidance.  The cost for each option works out to a cost of less than $7 per person.  If managers choose to provide additional foods beyond the standard options, they do so out of personal funds.  Business units are also free to have employees bring their own food contributions.  Also, employees from the field who know the retiree and who are at HQ on a temporary assignment are also encouraged to attend.  Gifts for departing employees, including flags flown over the Capitol, are funded through personal funds, and there is no policy that restricts family members from attending retirement receptions. 

So what we have learned is:   (1) there is money allocated in the budgeting process for retirement receptions, (2) those expenditures are subject to Deputy Comptroller preapproval, (3) at HQ the average expense is less than $7 per person based upon the costs of the cafeteria.

So how does this information apply to the type of retirement receptions that are occurring in your location?  NTEU is interested in knowing whether the policy is being applied consistently and whether OCC employees believe the existing policy is sufficient?    While retirement expenses currently falls under the Comptroller’s sole discretionary authority under “compensation and benefits”, as we have witnessed in the past, NTEU can sometime be persuasive in getting management to change its policies based upon meaningful input received from its employees.   Therefore we are requesting that you please write us at this website www.occnteu.us and share with us your thoughts, observations, experiences or opinions.   Responses will be anonymous, and we will publish all. 

As always we want to hear your feedback, good, bad or indifferent. Write us at this website.

A seat at the table, professionalism and fair and equitable treatment of employees…union values that you can count on (through out the year)!!!