In my last update, I explained that on June 24th, the Union filed a grievance concerning Secretary McDonough’s 50% in-office attendance policy. As expected, Secretary McDonough denied the grievance. In response, the Union has filed a Notice to Invoke Arbitration. This action preserves our right to have the matter decided by an arbitrator, a neutral third party. Here’s a brief explanation of the process:
- The Union and the Department (“the parties”) will select an arbitrator by July 26th.
- The parties and the arbitrator will then select a hearing date, hopefully within the next three months. It will likely be a one-day hearing.
- The parties typically submit post-hearing briefs within 30 days of receiving the transcript.
- The arbitrator is expected to issue a decision within 30 days of our submissions.
In other words, do not expect a decision until at least December 2024. Furthermore, if the Union prevails and the Department appeals the arbitration award to the Federal Labor Relations Authority, any remedy cannot be effectuated until the appeal is resolved.
In the meantime, you are required to comply with all directives concerning your telework agreements and workstation assignments, despite these directives violating the Master Agreement signed by Secretary McDonough last year. Complying with directives that violate a collective bargaining agreement aligns with the well-established principle of “comply now, grieve later.”
To view our Notice to Invoke Arbitration click the button below: