BEFORE ARBITRATOR PATRICK J. HALTER

American Federation of Government

Employees, (AFL-CIO)    

Local 2505   

(Union)

                 v.                             CASE NUMBER

                                           DF 2007-R-0005

Social Security Administration

(Agency)

UNION OPENING STATEMENT

This arbitration is the result of a Section 10 grievance filed by the American Federation of Government Employees (AFGE) Local 2505 which represents Social Security Administration (SSA) Field Office employees in the state of Oklahoma against the Social Security Administration on December 28, 2006.

Peggy Hutcherson transferred from Social Security in Texas to the Bartlesville, OK SSA District Office which is in the jurisdiction of AFGE Local 2505. SSA failed to notify the Union of Ms Hutcherson’s reassignment within 5 working days. SSA failed to notify the Union of the orientation session Bartlesville management had with Ms Hutcherson. SSA failed to send Ms Hutcherson’s Union dues to AFGE Local 2505. The Union did not know that Ms Hutcherson had transferred until the Union received a payroll deduction form for Ms Hutcherson which was returned to the Union by Regional Office because there was insufficient information for SSA to process the request to have her dues withheld.

The aforementioned failures of SSA constitute an Unfair Labor Practice. SSA failed to provide the Union notice of the formal discussion / orientation it held with Ms Hutcherson. SSA failed to properly withhold Union dues. The aforementioned failures of SSA constitute violations of Articles 1, 2, 6 and 11 of the National Agreement.

The Union invoked Arbitration on its Section 10 grievance on February 16, 2007. SSA’s untimely and contractually inadequate grievance response was hand-delivered to the Union on March 5, 2007. As noted in the Union’s Motion to Sanction Agency and Strike Agency Defenses, SSA’s untimely and contractually inadequate grievance response violates Article 24 of the National Agreement.

To remedy the above violations, the Union asks the arbitrator for several remedies, upon which it will elaborate in the post hearing brief. Those remedies will include: (1) Sanctions against the Agency; (2) A Posting and Notice to All Employees as would be issued by the Federal Labor Relations Authority; (3) Payment to AFGE Local 2505 for the Union dues which were not properly sent to AFGE Local 2505 (4) For the Arbitrator to retain jurisdiction for 120 days after the Award becomes final and binding for the sole purpose of resolving any disputes that may arise out of the implementation of his Award.

Respectfully Submitted,

Ralph C. de Juliis

President

AFGE Local 2505

25 June 2008