INTERNAL REVENUE SERVICE NATIONAL GRIEVANCE & ARBITRATION REPORT
(Current as of September 3, 2008)
ISSUE/REMEDY
8/6/08 – Denial of laptop
computers to employees
who would otherwise be able
to use flexiplace or
telecommute.
Remedy- Restore leave to
those who but for the denial of
flexiplace would have been
able to avoid the leave,
reimburse travel expenses,
cease and desist current
practice, grant flexiplace to
those otherwise entitled.
7/16/08 – Illegal unilateral
implementation of GERS
without notice and
opportunity to bargain.
Remedy- Cease and desist;
provide notice and bargain;
status quo ante; remove
negative evaluations or
recordations; attorney’s fees
7/14/08 – Illegal Piecemeal
Bargaining of NPAA.
Remedy- Management will no
longer demand that NTEU
bargain over changes to the
NPAA program separate from
the rest of the term contract
discussions.
ASSIGNED
STAFF
MEMBER
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
Grievance meeting pending.
No
Anna Gnadt
Grievance step meeting held 8/18/08.
Yes
David Vaughn
Bob Finer
Raven Hall
Meeting held on 8/15/08.
Yes
Jerry Ross
Julie Barry
Christina
Ballance
Grievance in abeyance pending
parties’ discussions regarding
whether issue will be addressed at
term table.
Robey Hatfield
ISSUE/REMEDY
ASSIGNED
STAFF
MEMBER
6/25/08 – Increased Caseload
of TAS Case Advocates.
Remedy- Begin bargaining;
correct employee performance
evaluations negatively
impacted by increase; makewhole
Alexa Rukstele
6/20/08 – Improper and/or
Illegal administration of
religious compensatory
time.
Remedy- Cease and desist
from further violations; return
to status quo ante; reinstate
time forfeited and/or repay with
interest; remove negative
evaluation; posting of violation;
separate notice of violation to
employees; attorney’s fees
6/19/08 – Improper and/or
Illegal Implementation of
HSPD-12 Identification Cards
MOU dated May 30, 2008.
Remedy- Cease and desist
from holding volatile 7114
meetings; provide required
web site links; hold new
compliant 7114 meetings; post
violation; separate notification
of violation to employees;
attorney’s fees
3/25/2008 – Unilateral
Implementation of TREES
Naming Convention within
TE/GE.
Remedy- Return to status quo
ante; make whole for any
damaged employee.
Anna Gnadt
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
Grievance meeting scheduled for
9/10/08.
Yes
Jeanne Vonhof
Grievance Meeting held 7/8/08.
Yes
Lisa Kohn
AGENCY CONTACT
Larry Emert
Awaiting decision.
Anna Gnadt
Grievance response - denied
8/18/08.
Yes
Joshua Javits
Diana Stallard
Christina
Ballance
IRS denied grievance 6/23/08.
Yes
Roger Abrams
Eileen Jimenez
October7, 2008
ISSUE/REMEDY
2/6/2008 – Breach of Article
10 and Unfair Labor
Practice; Processing Dues
Revocations in Violation of
the Nat’l Agreement.
Remedy- Cease and desist
from further violations;
reimbursement of back dues;
11/01/2007- TAS Unilateral
Change in Delegated
Authority and Case
Inventory.
Remedy- Return to status quo
ante and make whole for any
damaged employee
10/26/2007 Career Ladder
Promotion Effective Date.
NTEU contends that many
employees were promoted a
pay period late and are due
back pay.
Remedy- Back pay, interest,
attorney’s fees
10/26/2007 Performance
Evaluation. IRS issued two
manuals to managers
instructing them how to do
evaluations and we believe
these documents contained
many changes from what the
contract requires.
Remedy- Return to status quo
ante, re-write of employee
appraisals, back pay for those
affected
ASSIGNED
STAFF
MEMBER
Ken Moffett
Alexa Rukstele
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
Step meeting concluded.
hearing date delayed due to related
case before FLRA.
Yes
Jerome Ross
Arbitration hearing is on-going.
Yes
Josh Javits
AGENCY CONTACT
Julie Barry
Rob Steeves
June
24,
2008;
September 3, 2008
Alexa Rukstele
Ken Moffett
Grievance denied.
Yes
David Vaughn
Debbie Oldewurtel
(formerly Moore)
Settlement discussions ongoing
Yes
Josh Javits
Debbie Oldewurtel
ISSUE/REMEDY
10/24/2007 Unilateral
Changes in the SB/SE
Divisions. Seven different
changes we challenged, e.g.,
credit hours for instructors,
printers for ROs on flexiplace,
IDRS access outside work
hours, etc.
Remedy- Return to status quo
ante, reimbursement for any
compensation employees may
have lost, etc.
10/23/2007 Leave Bank
Administration Grievance.
Remedy- Return to status quo,
reimbursement to anyone
denied leave, damages under
statute, and posting
ASSIGNED
STAFF
MEMBER
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
Anna Gnadt
Awaiting arbitration
Yes
Lisa Kohn
Kevin Fagan
Settlement is pending. The parties
have created a joint committee to
move to one national leave bank
board operating under jointlydeveloped guidance.
Yes
Roger Abrams
IRS denied grievance.
Yes
10/31/2007 Retention of TaxRelated Letters of
Reprimand.
Remedy- Cease
implementation of the program,
inform employees, and any
appropriate action to remedy
Kevin Fagan
9/11/2007 Instructor
Selection and Misuse of
Reemployed Annuitants.
Remedy- This case was filed
to force management to
finalize a joint procedure for
selecting instructors and to
force management to follow
the strict letter of the law and
Kevin Fagan/
Christina
Ballance
AGENCY CONTACT
Rob Steeves
Debbie Oldewurtel
October 17,
2008
Roger Abrams
Deanne Sobczak
Will be conducted by
brief exchange; briefs
are due on Oct. 23,
2008
The arbitrator ruled against NTEU.
We are now considering an appeal to
the MSPB on the prohibited
personnel action aspect.
Yes
Leroy Clark
May 8, 2008
Julie Barry
ISSUE/REMEDY
regulations on reemploying
annuitants if they are going to
limit these assignments to
former executives.
09/10/2007 Flexiplace and
Campus Mailing ProceduresManagement changed these
procedures unilaterally.
Remedy- Return to the status
quo ante
8/31/2007 Warehouse RIFProper procedures were not
followed and employees were
denied save pay and save
grade protection.
Remedy- Return to the status
quo ante with back pay.
08/30/2007 TAS Flexiplace—
We are challenging the across
the board prohibition on the
use of flexiplace by TAS
employees.
Remedy- Allow the broad use
of flexiplace and reimburse
employees for lost
compensation.
08/28/2007 Pertinent
Experience and training
Points- Were these points
properly awarded in the
Campus offices?
Remedy- Undo any harm done
through priority considerations
and correct processes
ASSIGNED
STAFF
MEMBER
Raven Hall
Christina
Ballance
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
Grievance meeting week of March
24, 2008. Grievance denied and
hearing pending.
Yes
David Vaughn
Grievance meeting pending
Yes
Jerry Ross
AGENCY CONTACT
Jim Donovan
Jennifer Grabel
November 13, 2008
Kevin Fagan
Arbitration hearing finished, briefs
submitted, awaiting decision.
Yes
Lisa Kohn
Dee Jarrett Dow
May 28, 2008
Raven Hall
Preparing Post-Hearing brief which is
due September 15, 2008
Yes
David Vaughn
April 24, 2008; June
26, 2008.
Mark Wines
ISSUE/REMEDY
ASSIGNED
STAFF
MEMBER
2/8/07. Employee Discipline
System.
NTEU is charging that
management is violating
several civil rights laws by the
way it administers the
discipline system.
Remedy- IRS cease and
desist from administering the
system the way it currently
does; monetary award under
Title VII; attys fees.
12/21/06. Unilateral Changes
in Local Practices Related to
Forms.
Remedy- A return to the
Status Quo Ante
Ken
Moffett/Anna
Gnadt
12/21/06. Unilateral Changes
in Local Practices Related to
Pilot Projects.
Remedy- Return to status quo
ante.
Kevin
Fagan/Ken
Moffett
12/21/06. Unilateral Changes
in Local Practices Related to
Guard Service.
Remedy- Return to status quo
ante.
Sharon Quinn
Harris
Raven Hall
CURRENT STATUS
ARBITRATION
INVOKED?
Step 1 meeting held; parties to
reconvene to complete meeting on
March 12, 2008.
Yes
Waiting for arbitration decision.
Yes
ARBITRATOR/DATE
Jeanne Vonhof
AGENCY CONTACT
Eileen Collins
Oct. 28-30,
2008
Lisa Kohn
Sharon Gipson
Oct. 3, 2008
This grievance was denied as not
meeting the grievance “specificity”
requirement of the contract. We did
not file exceptions. Case closed.
Yes
Jerry Ross
Wade Klein
Oct. 30, 2007
Yes
Josh Javits
Diane Kier
ISSUE/REMEDY
ASSIGNED
STAFF
MEMBER
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
12/21/06. Unilateral Changes
in Local Practices Related to
Work Assignments and
Adjustments.
Dennis
Schneider
This case was withdrawn due to a
lack of evidence.
Yes
David Vaughn
Pamela Langston-Cox
12/21/06. Unilateral Changes
in Local Practices Related to
Reassignments and
Realignments.
Mike McAuley
This case was withdrawn due to a
lack of evidence.
Yes
Jerry Ross
Bonnie Edwards
05/04/04- IRS OFFICE OF CHIEF
COUNSEL DISCRIMINATION IN
DISTRIBUTION OF AWARDS
(2004-06) Did the IRS Office
of Chief Counsel distribute
awards in a discriminatory
manner?
Remedy- NTEU seeks a
discontinuation of this unlawful,
discriminatory employment
practice and back pay for
those employees adversely
impacted by the employment
practice.
07/26/05 DENIAL OF TRAVEL
TIME FOR TRAINING. Did IRS
commit an unfair labor practice
and violate law, contract, and
past practice by refusing to
provide official time for travel to
and from approved NTEU
training?
Remedy- As a remedy, NTEU
requests that employees be
reimbursed for any and all time
Wendy Lucas
Pisman
On September 9, 2004, NTEU filed a
grievance alleging discrimination in
way IRS Office of Chief Counsel
distributes awards. NTEU is working
to schedule a meeting. NTEU
recently amended this grievance to
bring in subsequent years.
Yes
Margery Gootnick
Kevin Fagan
(Negotiations
Department)
The arbitrator upheld the grievance
and ordered those who traveled to be
reimbursed.
Parties have been negotiating
settlement since April 10, 2007.
Yes
Roger Abrams
June 22, 2006
Julie Barry
Jeanne Morrison and
Sharon Gilpin
ISSUE/REMEDY
spent traveling to and from
training, a notice be posted for
60 days, acknowledging the
illegal conduct and signed by
the Commissioner, attorney
fees be provided, and that any
and all additional appropriate
remedies be ordered.
SANITIZED LETTERS. Did the
IRS violate Article 38, Section
8(A)(2) and Article 39, Section
7(A)(2) of the National
Agreement by implementing a
system of sanitizing
documents sent to NTEU?
Remedy- NTEU demands, as
a remedy, that in tax cases,
letters sent to NTEU before a
case has been filed should be
redacted only as to specific
information included in the tax
return. In nontax cases, letters
shall not be redacted except as
to employee name.
12/20/05- MITS EOS
REORGANIZATION AND RIF. Did
the IRS violate Article 4,
Section 2, Article 8, Section
1(D), Article 13 and Article 16
of the Term Agreement and
Articles 6 and 12 of the
relevant MOU when it: withheld
key information from current
employees while giving
unwarranted preference to
outside applicants; failed to
give copies of commitment
letters to appropriate chapters;
failed to give first consideration
to current employees for open
ASSIGNED
STAFF
MEMBER
Janine Davitian
Wendy Lucas
Pisman
ARBITRATION
INVOKED?
ARBITRATOR/DATE
Settlement discussion underway and
potential fruitful; however, case may
be invoked shortly to force closure.
Yes
Roger Abrams
As of January 14, 2008, the parties
are engaged in an information
disclosure dispute which the arbitrator
will resolve before a third hearing
date is scheduled.
Yes
CURRENT STATUS
AGENCY CONTACT
March 12, 2009
Jerry Ross
August 7-8, 2007 and
October 2, 2007
Bob Finer
ISSUE/REMEDY
b/u positions; failed to give
NTEU notice of its choice to
concurrently consider outside
employees for open positions;
involuntarily detailed people to
positions for up to 6 months;
failed to adhere to the agreed
upon Reassignment
Preference Process; and failed
to create and/or use a
Reemployment Priority List as
agreed?
Remedy- NTEU demands as a
remedy that the IRS cease and
desist from taking any further
detail actions that violate
Articles 4, 8, 13 and/or 16 of
the Term Agreement as well as
Articles 6 and 12 of the MOU
covering the EOS
reorganization and RIF; (ii)
rescind any and all detail
actions in EOS that have been
implemented in violation of the
aforementioned Articles; (iii)
make all employees whole by,
among other things, a) placing
them in the positions they were
in prior to the violations, and
offering positions to current
and former IRS employees
affected by the initiative who
would have been offered
positions absent the violations;
(iv) pay attorneys’ fees; and (v)
provide to NTEU and impacted
bargaining unit employees any
other remedies that are
appropriate.
ASSIGNED
STAFF
MEMBER
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
ISSUE/REMEDY
02/13/06- HIRING PRACTICES.
Does the IRS engage in
unlawful hiring practices with
regard to its reliance on
improper criteria to conduct
category ratings, the use of a
telephone assessment test and
using interview questions that
do not meet the requirements
of contract, law or regulation.
Remedy- Immediate cessation
of the illegal hiring practices.
03/09/06- APPEALS COMPUTER
REFRESHMENT AND HARDWARESOFTWARE PROFILES LOU: Did
the IRS commit a violation by
implementing the HardwareSoftware Profiles LOU in a way
that differed from explicit
language and agreed
interpretation of language in
the LOU?
Remedy- As a remedy, NTEU
requests that the IRS: 1)
immediately cease and desist
implementation of this
initiative; 2) immediately
reinstate the status quo ante,
including, but not limited to the
immediate return of any
peripherals removed from an
employee’s workspace; 3)
reopen the Appeals HardwareSoftware Profiles LOU and
complete bargaining to the
extent required by the National
Agreement and all applicable
laws, rules and regulations; 4)
send notice to all members of
the bargaining unit explaining it
ASSIGNED
STAFF
MEMBER
Ken Moffett
Wendy Lucas
Pisman
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
NTEU filed this grievance on
February 13, 2006.
Hearing postponed over denial of
requested information.
Yes
M. David Vaughn
Mark Wines
NTEU invoked and scheduled
arbitration, but postponed the hearing
pending completion of a settlement.
Yes
Josh Javits
Rob Mirkov
CURRENT STATUS
ISSUE/REMEDY
ASSIGNED
STAFF
MEMBER
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
Yes
Roger Abrams
Bob Finer
violated the law and the
parties’ agreements, and
assuring employees that it will
refrain from doing so in the
future; and 5) provide any
other remedy deemed
appropriate.
06/20/06- APPEALS OVERTIME
GRIEVANCE- Did Appeals
commit a violation when it sent
overtime work normally
performed by APS employees
in Fresno and Memphis to nonAppeals employees in
Philadelphia without first
offering the work to the APS
employees?
10/29/07- NATIONAL
PERFORMANCE AWARDS (FY2007). NTEU IS CHALLENGING
Kevin Fagan
The parties have signed a settlement
agreement that requires the Agency
to pay the impacted employees the
full back pay awarded by the
Arbitrator.
March 15, 2007
Steve Keller
Jerome Ross
Mark Wines
Jan. 2-14, 2009
THE MECHANICS OF THE AWARD
DISTRIBUTION.
REMEDY- BACK PAY.
10/18/06- NATIONAL
PERFORMANCE AWARDS (FY2006). Did the IRS violate
Article 18 of the National
Agreement, the NPAA, and
other related agreements and
past practices between the
parties by under-funding the
Awards program, improperly
configuring the Awards pools,
incorrectly applying the Awards
formula, and failing pay the
proper Award amounts?
Remedy- NTEU seeks to have
the Service disburse
retroactive payments of the
Steve Keller
(Negotiations
Department)
NTEU filed its Institutional Grievance
on October 6, 2006. IRS failed to
schedule a grievance meeting, NTEU
invoked arbitration on October 24,
2006.
Hearing has been postponed pending
settlement discussions concerning
resolution of the 2005 grievance.
Yes
Jerome Ross
Jan. 2-14, 2009
Mark Wines
ISSUE/REMEDY
ASSIGNED
STAFF
MEMBER
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
Invoked arbitration on 10/30/06.
Settlement discussions close to
resolution.
Yes
David Vaughn
Mike Salyards
Raven Hall
This case is being withdrawn and
replaced with a newly filed grievance
that reflects the current reality of this
program.
Yes
Joshua Javits
Debbie Cahill
Ken Moffett
We are in settlement talks with IRS
about improving the money given
bilingual employees.
No
Kevin Fagan
NTEU won this case and is in the
process of getting employees to
resubmit their suggestions for
payment.
Yes
Kohn
Bonnie Edwards
CURRENT STATUS
correct awards amounts plus
any accrued interest.
09/05/06- IMPAIRED HEARING
EMPLOYEES. Did the IRS
violate statute and contract in
failing to provide Sign
Language Interpreters as a
required accommodation?
Remedy- Compliance with
regirements and contract and
make whole remedy for harm
suffered including
compensatory damages
06/08/06- CONTACT RECORDING.
Did the IRS violate law and
contract by failing to complete
bargaining prior to
implementation of Contact
Recording in Field Assistance
(W&I)?
6/28/06- BILINGUAL EMPLOYEES
Did the IRS discriminate
against bilingual Hispanic
employees by failing to provide
them with extra pay for using
their bilingual skills on the job?
Remedy- Back pay.
11/02/06- SUGGESTION
AWARDS. NTEU HAS CHARGED
THAT THE AGENCY HAS NOT
CONSIDERED ALL EMPLOYEE
SUGGESTIONS UNDER THE
NEGOTIATED PROGRAMS.
REMEDY- We will request a
25% share of all savings from
suggestions accepted outside
the program.
Gretchen
Paulig (Austin
Field Office)
April 19, 2007
ISSUE/REMEDY
04/16/07- INCENTIVE PAY
SYSTEM. DID THE IRS VIOLATE
ARTICLE 47, SECTIONS 2-4 AND 5
USC 7116 (A)(1AND 5) WHEN IT
ASSIGNED
STAFF
MEMBER
Raven Hall
CURRENT STATUS
Hearing in abeyance pending
production of more information.
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
Yes
Ross
Patricia Langston-Cox
August 6-7, 2008
FAILED TO COMPLY WITH VARIOUS
NATIONAL AND LOCAL
AGREEMENTS INVOLVING HE
INCENTIVE PAY SYSTEM?
REMEDY- BACK PAY.
THE FOLLOWING
CASES ARE AWAITING
FLRA DECISION AS
INDICATED:
12/13/06. Seasonal
Employment Agreements.
NTEU is challenging
management’s practice of
negotiating these agreements
with individual employees
rather than with NTEU.
Remedy- An agreement to
bargain Seasonal Employment
Agts with NTEU and back pay
to those employees who would
have worked longer periods
but for the illegal unilateral
changes in their agreement.
11/17/06. Term
Negotiations. NTEU is
alleging that management has
engaged in a pattern of bad
faith bargaining over the
ground rules for this
negotiation.
Remedy- That ground rules
bargaining be restarted
Kevin Fagan
Arbitrator ruled against NTEU. NTEU
has filed exceptions with the FLRA.
Yes
Jerome Ross
Mark Wines
July 26, 2007 and
concluded
September 5, 2007.
Kevin Fagan
NTEU won and management filed
exceptions. This case has now been
settled and withdrawn as part of the
agreement to sign new ground rules.
Yes
David Vaughn
March 5 & 14, 2007
Julie Barry
ISSUE/REMEDY
TERMINATION OF PARTNERING-ASSIGNMENT TO WORK TEAMS,
NOTICE OF FORMAL MEETINGS,
ETC. W ERE THESE CONDITIONS
ASSIGNED
STAFF
MEMBER
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
Arbitration held.
Exceptions by IRS now before FLRA.
Arbitrator ruled in favor of NTEU.
Yes
Roger Abrams
Julie Barry
Ken Moffett &
Jonathan
Levine
(Negotiations
Dept.)
Arbitration held. Arbitrator ruled
against NTEU. NTEU has filed
exceptions with the FLRA and is
awaiting decision.
Yes
Kevin Fagan
Arbitrator denied the grievance, but
ordered that the IRS owes NTEU
certain information that was not
supplied pursuant to NTEU’s
information request. Awaiting
decision by FLRA on exceptions.
Both parties have filed exceptions to
the arbitrator’s award.
Hearing held February 7, 2007. Briefs
filed March 3, 2007. The arbitrator
ruled in NTEU’s favor, but denied the
most significant remedies we sought.
NTEU filed exceptions with the FLRA.
on June 6, 2007.
Yes
Ken Moffett
CURRENT STATUS
May 11, 2007
IN THE NATIONAL AGREEMENT AND
IN PARTNERING AGREEMENTS
TERMINATED WITHOUT PROPER
NEGOTIATIONS?
REMEDY- Reinstatement of all
prior practices and/or
provisions that are negotiable.
PROMOTION AWARD POINTS. DID
MANAGEMENT VIOLATE THE LAW
AND CONTRACT BY UNILATERALLY
IMPLEMENTING A NEW PROCESS
FOR ASSIGNING PROMOTION
POINTS TO INCENTIVE AWARDS
ONCE IT DECLARED THE PRIOR
CONTRACT SYSTEM ILLEGAL?
REMEDY- All promotions actions
be recalculated using either
the former system of a new
system the parties agree upon.
2006 EMPLOYEE SURVEY
PRACTICES.
REMEDY- Notice posting,
cease/desist, purge employee
files of inappropriate
references, attorney’s fees
CASE PROCESSING AND
INSOLVENCY RIFS. Did the IRS
violate anti-discrimination
statutes and regulations by
conducting these RIFs, and did
the IRS commit a violation by
failing to conduct an Adverse
Impact Analysis prior to
conducting the RIFs?
Kevin
Fagan/Ken
Moffett
Josh Javits
Michael Salyards
March 6, 2007
David Vaughn
Julie Barry
Jan. 18, 2007
Yes
Joshua Javits
Feb. 7, 2007
Julie Barry
ISSUE/REMEDY
Remedy- NTEU seeks to
have the IRS rollback
implementation to status quo,
conduct adverse impact
analyses, take alternative
action or mitigating strategies
to conduct an adverse impact
analysis, send notice to all
members of the bargaining
unit, and attorneys’ fees.to
abate the adverse impact,
negotiate with NTEU over any
proposed alternative action or
mitigating strategies, provide
NTEU all relevant data
EMBEDDED QUALITY. Did IRS
violate law and contract when
it unilaterally implemented an
Embedded Quality program for
Accounts Management and
Compliance Services?
Remedy –
IRS should stop this
implementation until bargaining
is complete and undo any
harm done employees in the
interim.
WAGE & INVESTMENT
REDUCTION OF INVENTORY DAYS
AT CALL SITES.
REMEDY - NTEU seeks an
order directing the IRS to: 1)
immediately cease proceeding
with implementation of the
initiative until it fulfills its
bargaining obligation; 2) post a
notice in an appropriate place
that the Agency has violated
the law and the parties’
agreements; 3) pay reasonable
ASSIGNED
STAFF
MEMBER
Ken
Moffett/Kevin
Fagan
Raven Hall
CURRENT STATUS
Adverse decision from arbitrator.
NTEU filed exceptions with FLRA.
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
Yes
Jerome Ross
Deanne Sobczak
February 22, 2007
The Arbitrator granted the grievance.,
The Agency filed exceptions to the
Arbitrator’s decision with the FLRA
and NTEU filed an opposition to the
Agency’s exceptions.
Yes
Vaughn
February 1, 2007
Eileen Jimenez
ISSUE/REMEDY
ASSIGNED
STAFF
MEMBER
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
David Vaughn
Julie Barry
attorneys’ fees; and 4) provide
any other remedy deemed
appropriate.
DUES WITHHOLDING AND
STATUTORY VIOLATIONS. DID
IRS VIOLATE LAW AND OUR
Ken Moffett
(Negotiations
Department)
Exceptions to the arbitrator’s ruling
denying NTEU the remedy it sought
have been filed.
Yes
Steve Keller
(Negotiations
Department)
The arbitrator granted the grievance,
which should mean back pay for
many employees. The IRS, however,
has filed exceptions with FLRA.
Yes
Arbitrator decided against NTEU.
The Union has filed exceptions with
the FLRA.
Yes
Nov. 22, 2006
CONTRACT BY NO LONGER
REQUIRING THAT AN 1188
CONTAIN THE SIGNATURE OF A
CHAPTER LEADER.
REMEDY - Status quo ante,
notice and opportunity to
bargain, reimbursement of all
dues lost on account of the
Agency’s illegal actions, and a
posting.
NATIONAL PERFORMANCE
AWARDS (FY-2005). Did the
IRS violate Article 18 of the
National Agreement, the
NPAA, and other related
agreements and past practices
between the parties by underfunding the Awards program,
improperly configuring the
Awards pools, incorrectly
applying the Awards formula,
and failing pay the proper
Award amounts?
Remedy- NTEU seeks to have
the Service disburse
retroactive payments of the
correct awards amounts plus
any accrued interest.
LOCAL BARGAINING: Did the
IRS violate the contract by
refusing to bargain locally
initiated proposals?
Remedy - Bargain locally
Ken Moffett
Roger Abrams
Nov. 20 and 21, 2006
Bryan Allen
Mary Ann Van Horn
Mark Wines
Roger Abrams
Julie Barry
November 20, 2006
ISSUE/REMEDY
ASSIGNED
STAFF
MEMBER
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT
August 21, 2006, Arbitrator sustains
grievance and orders parties to file
remedy briefs. In October 2006,
Arbitrator orders all remedies
requested by NTEU. Parties
subsequently submit briefs on issue
of attorney fees. Agency has filed
exceptions with FLRA and we have
opposed the exceptions.
Yes
Roger Abrams
Deanne Sobczak &
Debbie Moore
Arbitrator Abrams found in the
Service’s favor on April 15, 2006.
NTEU filed exceptions to the ruling
with the FLRA on May 22, 2006 and
amended its exceptions on May 31,
2006. NTEU is awaiting a decision
from the FLRA.
Yes
Arbitrated ruled in NTEU’s favor,
Agency filed exceptions. Opposition
has been filed.
Yes
CURRENT STATUS
initiated proposals.
Union Representative
FLEXIPLACE GRIEVANCE. NTEU
Ken Moffett
ALLEGED THAT MANAGEMENT
VIOLATED THE LAW AND
CONTRACT BY DENYING UNION
REPRESENTATIVES THE RIGHT TO
PERFORM OFFICIAL TIME
ACTIVITIES WHILE ON FLEXIPLACE.
REMEDY- All appropriate
remedies, including
reimbursement for any
expenses that would not
otherwise have been incurred
CREDITING PLANS. Has the IRS
violated contract, regulation,
and law in creating local
"crediting plans" that have
been used to rate candidates
for promotion?
Remedy- IRS should stop
using these improper crediting
plans and re-rank any
packages in which they were
used to determine which
candidates were entitled to
priority consideration
FLEXIPLACE (COMMUTING
AREA): Did the IRS violate the
contract and law by not
bargaining implementation of
flexiplace with restrictions to
“at or near commuting areas?
Remedy - Cease/desist.
Permit employees to work out
of flexplace/telework locations
outside commuting area. Post
Kevin Fagan
Ken Moffett
May 12, 2006
Roger Abrams
Robert Finer
Eldridge Rice
Jan. 18, 2006
Jerry Ross
January 29, 2007
Debbie Moore; Wade
Klein
ISSUE/REMEDY
notice, reimburse damages,
attorney fees.
ASSIGNED
STAFF
MEMBER
CURRENT STATUS
ARBITRATION
INVOKED?
ARBITRATOR/DATE
AGENCY CONTACT