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The Local President's Update
Incentive Awards
April 8, 2004
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As everyone knows, AFGE Local 2128 filed a Union Grievance over the agencies unfair and unequal administration of the DCMA Incentive Awards Program several years ago and went to arbitration where we won. The arbitrator ordered DCMA West to correct deficiencies with its Incentive Award Program and he ordered DCMA West to negotiate some of these improvements with AFGE Local 2128. DCMA West has been trying to completely avoid carrying out the terms of this arbitration award. They filed exceptions to the arbitrator's award with the FLRA and lost. They then insisted on negotiating bargaining ground rules, which we did. We exchanged written proposals and agreed to meet for face to face negotiations. When the day came to meet for negotiations, DCMA "postponed" the meeting saying that the Local's authority to negotiate with DCMA was in question. DCMA Headquarters is now attempting to undermine this arbitration award as it is apparent that they wish to proceed with conducting awards utilizing the same old unfair and unequal tactics they have historically used. I am now in contact with the AFGE National Office in an attempt to have them intercede and convince DCMA Headquarters that the agency must comply with this arbitration order.
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On a related note, AFGE Council 170 filed a Union Grievance over DCMA's unfair and unequal administration of the agency Incentive Awards Program and because of DCMA's refusal to negotiate in good faith with Council 170 over agency changes to the Awards Program. After Council 170 invoked arbitration, DCMA entered into a Grievance Settlement Agreement with Council 170. Within this settlement agreement, DCMA Headquarters agreed to return to the bargaining table to negotiate improvements to the agency Incentive Awards Program and they agreed to apply those improvements retroactive for the CY 2002 Awards and all future awards. DCMA Headquarters representatives met with Council 170 representatives one time and then called an impasse when the parties only had one unresolved bargaining proposal left. Since that time, DCMA Headquarters has failed and refused to return to the bargaining table to complete the terms of the Settlement Agreement. DCMA Headquarters now claims that there were no tentative agreements reached during the prior bargaining session. DCMA Headquarters has gone back on their word and they now intend to proceed with issuing CY 2003 awards utilizing the same ole unfair and unequal criteria they have always used.
AFGE Council 170 filed a second Union Grievance in an attempt to enforce the first Grievance Settlement Agreement and DCMA refused to respond to it. When arbitration was invoked and the integrity of DCMA Headquarters brought into question, the DCMA Director and the Council's President got their heads together and made some kind of a deal. Since there is no written document to show what kind of settlement agreement these two arrived at, there is no way of telling what they agreed to do. From DCMA's recent actions, it would appear that DCMA Headquarters has absolutely no intention of keeping their word or negotiating improvements to the Incentive Award Program with Council 170. If this is true, then retroactive application of those improvements to the program as agreed to in the settlement agreement will be equally nonexistent.
Did our Council President let the agency off the hook and allow DCMA Headquarters to go back on their word? I believe this is another situation where AFGE can be held liable for the Council President's actions under a violation of the union's duty to provide fair and equitable representation (Unfair Labor Practice, ULP). Its one thing that DCMA Headquarters gives their word and then breaks it, its quite another for our Council President to side with the agency and give away hard fought and deserving settlements.
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