After two consecutive arbitration losses, one might expect Board leadership to reassess its approach and learn from its mistakes. However, the pattern of missteps continues, raising serious concerns about leadership’s ability to respect the law and fulfill its obligations under the Master Agreement.
Back-to-Back Arbitration Losses
In recent years, the Board has faced two arbitration losses over the same issue: unilaterally altering the critical “Productivity” element in the performance plans for over 1,000 attorneys, without fulfilling their obligation to bargain with the Union. The result? Two findings that the Board’s actions were unlawful, and two decisions that should have served as a wake-up call for leadership.
In 2023, Arbitrator Elliot Shaller ruled that the Board had committed an unfair labor practice by imposing new requirements on attorneys without proper bargaining. The Board tried to mandate pre-hearing briefs for attorneys without negotiating with the Union first. Though the Board initially proposed this change, it quietly withdrew the proposal, only to covertly implement it without the required negotiations.
In 2024, Arbitrator James Bilik upheld the Union’s grievance against the Board’s attempt to impose “on pace” performance metrics, which affected promotions, waivers, and Performance Improvement Plans (PIPs). The outcome? A status quo ante remedy, back pay, and the rescinding of improperly issued PIPs. This case was another clear example of how the Board violated both the Master Agreement and federal labor laws.
The Latest Misstep: New, Unlawful Changes to the “Productivity” Standard
Despite these defeats, the Board has continued to implement unlawful changes. In October 2024, Senior DVC Chris Santoro announced a new, rigid productivity requirement: attorneys must meet their pro rata goal by April 5, 2025, or risk being placed on a PIP, the first step in potentially removing an employee from federal service for performance issues. This policy is a significant departure from the previous, more flexible approach that allowed minor delays to be caught up before mid-year reviews were conducted.
Even more troubling is that this change was implemented without prior notice to the Union, violating the 15-day notice requirement outlined in the Master Agreement and federal labor law. This decision further undermines the credibility of the Board’s leadership.
Disregard for the Law and Core Values
The Board’s repeated violations of the Master Agreement and the Statute demonstrate a disturbing pattern of disregard for the law and the Department’s core values – Integrity, Commitment, Advocacy, Respect, and Excellence (I-CARE). These repeated missteps have led to unnecessary litigation, wasted taxpayer dollars, and a growing erosion of public trust in the Department’s leadership.
The Union Stands Strong for Attorneys
Despite the Board’s persistent mistakes, the Union remains committed to advocating on behalf of the attorneys we represent. We have filed another grievance challenging these unlawful changes to the “Productivity” element and are pushing for a status quo ante remedy – meaning that we are demanding a return to the former policy, which allowed for a more flexible approach to mid-year reviews and performance expectations. This is not just about fixing a specific issue; it’s about ensuring that leadership understands its obligations and is held accountable for failing to uphold them.
Your Voice Matters
We understand that this new policy has created unease. To strengthen our advocacy, we want to hear from you. Your feedback is critical in helping us represent your concerns effectively. Please take a moment to answer the following questions:
Your responses will guide the Union’s efforts to advocate on your behalf. Please share your thoughts and concerns with us, we’re here to ensure your voice is heard.
If you would like to see the grievance, it is available below.
Grievance-3-Board-ULP-once-again
