November 2, 2007
Mr. Pete Spencer
SSA Regional Commissioner
Box 4200
Richmond Ca 94804
Dear Mr. Spencer,
I have been designated by AFGE Local 2879 President Sandra Matthis and AFGE Council l47 President Katrina Lopez to handle this issue. Below you will find the grievance I am filing on this issue.
I will send it to you via fax and mail a signed copy of this grievance
Section 10 Dress Code San Diego DO
The following constitutes a Union/Management grievance filed on behalf of the employees in the San Diego District Office concerning the establishment of a dress code/and or discussions/meeting with employee(s) on the wearing of certain apparel within the confines of the San Diego DO.
An oral presentation is requested and will be made orally and in written form once the information that I will request in accordance with section 7ll4b4 of the statute is received by me from either yourself or your designee. That request will be formally made once I know who will be handling this grievance.
Following is a description of this grievance.
On October 19, 2007 I became aware that an employee of the San Diego DO who is also an AFGE Union representative was called into the office of ADM Gabe Garcia and questioned about her clothing. The employee was questioned about the wearing of “sweats” and indicated that she was wearing an Addidas suit. At the same time this discussion indicated the existence of a dress code by making a reference to a “casual Friday” and also the wearing of jeans within the office apparently only on Fridays.
On that same day I wrote to DM PJ Robles requesting clarification on this matter. I wrote again from Baltimore on October 25, 2007 with the hope that the issue could be resolved informally.
On October 30, 2007 I spoke to DM Robles about this matter and was told that the employee had a “chat” with ADM Garcia about the concern that the employee allegedly did not normally dress in this matter. I also for additional clarification and again on November 1, 2007 and received no response. Hence this grievance is filed today.
The following articles are under consideration
Article 3 and Article 3, Section 2A in particular states that all employees shall be treated fairly and equitably in all aspects of personnel management and without regard to political affiliation, race, color, religion, national origin, sex, sexual orientation, marital status, or disabling condition; and with proper regard and protection of their privacy and constitutional rights.
Employees in the San Diego DO are being treated differently than other workers with respect to their attire. It is our understanding that another employee previously had been talked to regarding the wearing of “sweats”.
In addition there were allegations of a so-called casual Friday in terms of dress or attire and the appearance is that other field offices in Region 9 treat all days equally in terms of the type of attire that can be worn within those facilities—in that there is no dress code.
Article 3 Section 1 gives all employees the right to assist the Union. As will be noted the employee called into Mr. Garcia’s office was an AFGE Local 2879 official.
Article 2 and Article 2 section B states that the administration shall not restrain nor interfere with representatives of the Union. It will be noted during the presentation that the employee had official time on the day she was wearing her Addidas clothing.
Article 9, Health and Safety and in particular section 15 which deal with stress that the agency is to recognize and minimize and deal with coping with stress. It will be noted that concern about clothing worn on the varied days of the week in San Diego can maximize not minimize stress.
Article 18 deals with EEO and the issue of non discrimination applies here in terms of the issue of sex and disability. Article 21 performance applies in terms of the issue of appraisals and the way in which clothing will apply to the standards on which employees in the San Diego DO are appraised. Article 23 disciplinary action in terms of possible penalties for wearing clothing on particular days either other than Fridays or Addidas or work out clothing or “sweats”. Article 24 refers to the grievance article stated above.
Again, an oral presentation is requested. A written presentation will be made.
We look forward to the response on this matter.
Sincerely,
Howard Egerman
AFGE Council l47 Designee
C/0 SSA
7200 Bancroft Avenue Ste 263
Oakland, Ca. 94605
510-273-6009
Fax 510-273-7161
Email Howard. Egerman@SSA.Gov