INFORMATION REQUEST 2 PROMOTION DRESS CODE GRIEVANCE

March 23, 2009

From: Howard Egerman, AFGE Local 3l72 Designee
To: Bobbie Summers, Region 9 Designee

Sub: Information Request 2 on Modesto Dress Code Grievance

The following information is requested in accordance with section 7ll4b4 of the statute and is needed in order to prepare the presentation on the Modesto Dress Code Grievance filed on March 18, 2009. Once the material is received we will present the grievance.

1. Copies of all Modesto District, Cal Central Area, Region 9 and National Data indicating the degree to which the Harrington edict applies in terms of clothing needed to be worn for promotion. To be specific, AFGE wishes copies of all District, Cal Central, Region 9 and National Data indicating if business like apparel refers to outer and inner garments as well as jackets, sweaters, etc which may or may not be worn prior to starting work and after completing work.. AFGE requests similar data in terms of brands indicating whether products made by and not limited to the following Companies or Stores that have their own Jeans brands: Levy Strauss ,Lee Jeans, Gloria Vanderbilt Jeans, J. C. Penny’s; Brooks Brothers; the Limited, Avenue, Saks Fifth Avenue, Neil Marcus, Nordstrom’s; Old Navy; Macy’s; Calvin Klein, Hedi Klum; Ditto Jeans; Sergio Valenta, Sassoon, Chic, Bonjour, Guess’ Dittos; Buffalo David Britton; Bloomindales; Bergdorf Goodman, Barney’s New York; Holt Renfrew, Lord and Taylor; Mankind, Silver Jeans, TAG, Taverniti So Jeans, True Religion, Miss Me, 1921 Jeans, Agave, AG Jeans, Antik Denim; Blue Way Jeans; Brooklyn Bandit Jean Citizens of Humanity; Cheap Monday, Chip and Pepper, Dorinha Jeans Wear; Earnest Sewn, J rand; Lucky Jeans, Nudie Jeans, Miss Sixty Jeans , Red Scorpion Jeans, Samurai Jeans; French Connection Jeans Edun Jeans; Gap Jeans are acceptable and if there is a difference between generic jeans, American jeans made by companies in the United States and represented by UNITE/Here, jeans sold in union shops represented by UFCW, jeans sold by companies which use American labor, jeans made sweat shop workers.

UNION’S PARTICULARIZED NEED: This information will assist AFGE in understanding the Harrington Edict. AFGE wishes to find out if the Harrington edict applied only to generic jeans, designer jeans, store name or other brands and if the merchandise listed above, some of which sells for more than a suit of clothing for women or men applies in terms of promotional opportunities for employees.

AFGE as a part of the House of Labor, the largest non postal union in the AFL-CIO needs this information in order to determine if the jean products either approved or disapproved by Modesto management or SSA management are union made and also in terms of sweat shops if the workers who produce the goods which may or not be worn by workers seeking promotion are working either to stimulate President Obama’s goal of stimulating the economy and at the same time assisting in ensuring the solvency of the trust fund, a goal of SSA Commissioner Michael Astrue.

2. Copies of all Modesto District, Cal Central, Region 9 and National Policies, Instructions and manuals describing any clothing related questions that on promotional panels for Modesto or elsewhere. Such questions can include but are not limited to the following;

a) Have you ever owned a pair of jeans or tennis shoes?
b) If yes, are such products currently in your closet or your home?
c) If yes, when do you wear such products—to work, on weekends, evenings?
d) What are the brands of such products?

In addition, copies of all Modesto, Cal Central , Region 9 and National policies and procedures calling for Modesto Management, Cal Central officials, Region 9 or National management as well as FPS officers, contract security guards and any other officials to go to promotional employee’s homes and make closet inspections as well as all documents stipulating what action is taken after such individuals get out of the closet with such garments and if a clothing confiscation contraband policy will result in any payment to employees whose clothing is taken by agency officials or their designees. AFGE also wishes all instructions, memos, etc that indicate where any confiscated clothing will end up such as donations to Goodwill, Salvation Army, St. Vincent DePaul or homeless shelters.

UNION’S PARTICULARIZED NEED: AFGE needs this information in order to determine the extent of the information given to employees by Management official Harrington and if his edict is so extensive that promotional questions are asked regarding one’s clothing as opposed to one’s qualifications. AFGE is concerned about the adherence to the U. S. Constitution and various privacy rights given employees in terms of any clothing home inspections or confiscations and this information will assist AFGE Local 3l72 in understanding the scope and extent of the Harrington promotional clothing edict. AFGE needs the information about where any confiscated clothing ends up in that it represents employees whose job duties include making referrals to agencies such as Goodwill, Salvation Army and homeless shelters and members serve in various capacities in the Combined Federal Campaign and other charity organizations.

3. Copies of all Modesto District, Cal Central, Region 9 and National Policies and procedures dealing with the wearing of jeans and tennis shoes on overtime Saturdays and other days/or times in which a field office is not open to the public. Also copies of all instructions dealing with the wearing of tennis shoes to an office and a change to high heels or other shoes once the employee reaches the office.

UNION’S PARTICULARIZED NEED: It is AFGE’s understanding that no reference to overtime was made by Mr. Harrington in his presentation and this information will assist AFGE Local 3l72 in determining whether there is a public/non jean/non tennis shoes nexus with respect to overtime on Saturdays, Sundays or late evenings. The information about employees wearing tennis shoes to work and then changing them once they get to the office will enable AFGE to determine if women and men who either walk, run, take public transit to work or use tennis shoes to get to work will have the same rights as people in such business like situations as the Financial District of San Francisco where many people in Dress for Success outfits can be seen walking from BART or Muni in tennis shoes, carrying regular dress shoes in bags or boxes.

4. Copies of all Modesto, Cal Central, Region 9 and SSA national policies, procedures and instructions that explain whether employees in promotional training classes will have inspections, where the employees will “fall out” for said inspections, who the inspecting officers or officials will be, the method of clothing inspections and whether the regulations used by TSA screeners will be followed in said inspections. In addition, copies of all Modesto, Cal Central Region 9 and SSA policies, procedures and instructions describing any “Table of Penalties that is in place for any clothing infractions or clothing malfunctions and whether such a table if existing is similar to the table of penalties for sanction violations with such infractions including, but not limited to such situations as jeans worn, tennis worn, slip showing, shirt tail out, shirt ,blouse buttons or tie, not properly aligned, creased not showing, belt buckles not shined ,shoes not shined, holes in socks, socks or stockings of different colors being worn, plaids and solids not properly matched, poor color selection. AFGE also wishes to see how copies of all Modesto, Cal Central, Region 9 and National Instructions, procedures and policies noting if there will be any clothing amnesty days, or a situation similar to that of the California criminal justice system of three strikes in which after 3 clothing infractions a trainee or employee on probation for a promotion is let go as a result of either clothing infractions or clothing malfeasance.

UNION’S PARTICULARIZED NEED: This information AFGE in determining the full scope of Mr. Harrington’s business clothing proclamation as promulgated during his presentation of the Modesto Clothing Promotion Nexus and will enable AFGE to assist the employees it represents in dealing with due process if they don’t process their clothing choices to meet Mr. Harrington’s business attire policy.

5. AFGE also requests copies of all Modesto, Cal Central, Region 9 and National policies, procedures and instructions explaining whether the concept of casual Fridays which are utilized in some businesses in Modesto and elsewhere will be applicable in Modesto for employees seeking promotion.

UNION’S PARTICULARIZED NEED; in his meeting with employees, ADM Bob Harrington mentioned business apparel and apparel in businesses within the community. If said businesses utilize a casual Friday, AFGE wonders then why a Friday could not be designated as such in the Modesto office with employees wearing jeans or tennis shoes on such a day being permitted to do so without the fear that their apparel would be hindering their possibility of attaining a higher level position within the agency.

6. AFGE also requests copies of all training materials, videos, instructions and manuals from the Modesto District, Cal Central ADO, Region 9 and National SSA setting forth the agency’s training program on fashion including color selection, designers and other material. AFGE wishes to see documents indicating if such training includes mandatory viewing of DVD or videos of such films as the Devil Wore Prada with Meryl Streep and Anne Hathaway, the new documentary on the designer Valentino who was featured in the Meryl Streep film, required weekly viewing of programs America’s Top Model, Project Runaway and Dancing With the Stars as well as commercials on television featuring Hayward California resident George Zimmer of the Men’s Wearhouse.

UNION’S PARTICULARIZED NEED; AFGE needs this information to determine if employees with limited knowledge of “business like” fashions will be able to receive the training they need in order to attain the fashion standards mandated by ADM Harrington in his staff meeting.

Additional requests may be forthcoming.

Thank you.


Howard Egerman
AFGE Union Rep
C/O SSA
7200 Bancroft Ave Ste 263
Oakland Ca. 94605