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Washington, D.C.- The Securities and Exchange Commission's (SEC) allegation that the nationwide bargaining unit organized by the National Treasury Employees Union (NTEU) is inappropriate, is nothing more than a delay tactic to derail the Sept. 14 union election, according to NTEU President Colleen M. Kelley.
"Everything was set for the Sept. 14 election," said Kelley. "NTEU and the SEC had agreed on election specifics as of July 16. Ballots were to be mailed Aug. 13. But now the Commission is backing down from its agreement with no explanation or justification for its actions."
The SEC, in fact, is doing more than backing down from its verbal agreement with NTEU, which was made before the Federal Labor Relations Authority (FLRA) and is supported by correspondence. The SEC is backing away from its documented response to the election petition-a letter to the Federal Labor Relations Authority (FLRA) that stated "the Commission does not challenge the appropriateness of the unit identified ...." The FLRA is the impartial body that oversees federal union elections and ensures compliance with the law.
Under the law, there are three criteria that must be met for a bargaining unit to be found "appropriate." First, the unit must ensure a clear and identifiable community of interest among the employees. Second, the unit must promote effective dealings with the agency involved. Third, the unit must promote efficiency of the operations of the agency.
"NTEU has met the criteria," Kelley said, "and we are committed to making sure the SEC honors the will of its employees who want NTEU's collective bargaining protection."
The nationwide unit in question would be composed of SEC headquarters, district and regional employees in Alexandria, Va.; Atlanta; Boston; Chicago; Denver; the District of Columbia; Fort Worth, Tex.; Los Angeles; Miami; Philadelphia; Salt Lake City; and San Francisco.
NTEU and SEC officials are tentatively scheduled to meet with the FLRA later this month to resolve the conflict. Meanwhile, NTEU promises there will be an election, which the SEC is legally bound to hold.