NTEU Seeks Third-Party Intervention After NCUA Refuses to Engage in Meaningful Bargaining

Press Release October 28, 2004

Washington, D.C.—The National Credit Union Administration (NCUA) is thwarting the clear will of its employees—and its obligation under federal law—by refusing to engage in meaningful collective bargaining to provide those employees with even the basic rights available to other unionized federal workers, leading the National Treasury Employees Union (NTEU) to file an unfair labor practice (ULP) today.

NTEU President Colleen M. Kelley charged that NCUA “is stalling and resisting” every reasonable effort to reach agreement on a labor contract covering NCUA employees. NTEU won a representation election at NCUA last June and represents some 740 bargaining unit employees there.

The union filed the ULP against NCUA with the Federal Labor Relations Authority (FLRA)—and has appealed the agency’s actions to the Federal Service Impasses Panel (FSIP). In addition to its multiple requests to NCUA under the Freedom of Information Act for data the agency is obligated to provide, NTEU previously sought the services of the Federal Mediation and Conciliation Service (FMCS) in this matter.

The union’s unfair labor practice assertions are that NCUA has violated its obligation not to “interfere, restrain or coerce any employee in the exercise of any rights” under Title 5, Sec. 7116 of the U.S. Code, and that it not “refuse to consult or negotiate in good faith.” Chapter 71 of Title 5 governs federal sector labor relations.

“By failing to negotiate an agreement containing even basic rights for employees, the agency is refusing to meet its obligations under federal labor law,” President Kelley said.

NTEU submitted formal bargaining proposals to the agency in August. These include adding binding third-party arbitration as the final step of any employee grievance; expanding the present narrow, restrictive scope of matters subject to the grievance procedure; establishing ground rules for negotiation of all future agreements, including an agreement dealing with performance and promotion systems, leave rights, discipline procedures and reassignment rights; and installation of a system of local representatives with a process for representing employees in the workplace.

“By their vote this summer,” President Kelley said, “NCUA employees made it clear they want a say in the personnel decisions affecting them, along with a professional, collective voice to help protect them from arbitrary treatment by managers.”

She added: “Years of experience with unions in the federal sector, including NTEU’s representation of employees in financial regulatory agencies, show this is the best way to ensure that an agency functions effectively and efficiently on behalf of the American people.”

NTEU is the largest independent federal union, representing 150,000 employees in 30 agencies and departments.

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