SECTION 10 PROMOTION/DRESS CODE GREIVANCE
March 18, 2009
From; Howard Egerman, AFGE Local 3l72 Designee
To: Pete Spencer, Regional Commissioner Region 9
Sub: Grievance
The following constitutes a grievance filed in accordance with Article 24,
Section 10 of the National Agreement. I have been designated to handle this
issue by Local 3l72 President Sylvia D. Norman. Both an oral and written
presentation will be made. Once I learn Mr. Spencer if you or a designee will be
hearing this grievance, I will be making an information request under section
7ll4b4 to the appropriate person and we hereby request that the presentation be
delayed until I receive the requested material.
AFGE Local 3l72 has just become aware of a staff meeting in the Modesto,
California field office where ADM Bob Harrington said on 2/19/2008 the
following, according to people whose name or names we are not required to
disclose.
“Even though we don’t have a dress code, we expect you to dress in an acceptable
fashion which would be consistent with other businesses in the area.”
He further went on to state that wearing jeans and tennis shoes is not
considered business attire.
He also went on to say “If you want to be considered for promotion in this
office, you might want to consider dress appropriately, if any of you have
aspirations of going further in your career.”
This statement seems to AFGE Local 3l72 to be an ongoing and continuing
violation of several sections of the contract.
Article 3 deals with employee rights in their entirety. There is no dress code
or code of dress to get promotions noted in this provision. AFGE Local 3l72 will
argue with respect to this provision that employees in the Modesto District are
being treated in a desperate manner. Some employees as a result of their
religion, their disability, their height or weight may have to dress in a
different manner than other workers. AFGE 3l72 will note that the agency is to
be a model employer of disabled individuals. Having a dress code that might not
take into consideration for promotion such factors as someone having to wear
support hosiery or socks as a result of arthritis is not in the spirit of this
provision.
Furthermore, AFGE Local 3l72 will note that some individuals are color blind and
their choice in clothing may be impacted by their color blindness. In addition,
neither the Modesto District nor Region 9 as far as AFGE Local 3l72 has been
able to determine does not provide employees with clothing allowances, personal
shoppers or individual designers to assist them in their clothing choices.
Article l6 deals with training and career development. Clothing choices are not
mentioned here. Article l8 Equal Employment Opportunity—not all employees have
money to dress for success; Article 19 Upward Mobility the same thing—as far as
AFGE Local 3l72 has been able to determine a person’s progress up the career
ladder is not impacted by the type of clothing on the employee’s back and
whether or not said clothing snags or becomes entangled as the individual climbs
the career ladder.
AFGE Local 3l72 intends to note that job announcements deal with such issues as
time in grade and not such factors as the type of garments an individual is
wearing or whether the person if female wears a specific type of panty hose or
if male a specific type of shirt in order to make an application for promotion.
AFGE Local 3l72 will note that job announcements for varied districts in Region
9 and throughout the country do not seem to provide anything in terms of
clothing choice guidance or even whether said clothing is made in the United
States or is purchased from a clothing company affiliated with UNITE-HERE.
Article 24 Grievance procedure applies here as well in terms of filing such a
grievance.
Additional articles may be stated later.
Once again I am designated to file this grievance, which I will sign, fax, mail
and email.
I look forward to a decision shortly after I receive the information we request.
Thank you.
Howard Egerman
AFGE Local 3l72 Designee