11/16/2009 The Credit Hours Arbitration will be held in Los Angeles on November 23-24, 2009. Originally NFFE 1450 filed a Grievance of the Parties (GOP) on this matter on November 6, 2008. Although the Agency asked the Arbitrator to dismiss the case, NFFE 1450 prevailed on the motion.
The Union advanced in the GOP that Article 20, Section 20.05 of the HUD Region IX-NFFE Local 1450 Labor Management Agreement (LMA) was violated as well as Article 38, Section 38.02.B and C of the LMA for not notifying the Union to negotiate a change in a past practice of not having restrictions on the availability of credit hours.
Because the Union was not notified to bargain this change in a past practice and working condition, we also alleged that HUD committed an Unfair Labor Practice in violation of 5 U.S.C. § 7116(a)(1) and (5). The Union noted that it has the right to file an Unfair Labor Practice through the negotiated grievance procedure in accordance with 5 U.S.C. § 7116(d).
Union believes that it is clear from Article 20, Sections 20.01.E and 20.05.A of the LMA and the Fair Labor Standards Act that credit hours are not overtime/premium pay under the contract and law. Credit hours are merely a shifting of an employee’s work schedule as extra hours worked are used to take time off.
NFFE 1450 will be represented by President Ricardo Miranda and National Business Representative Jan Thompson.
