Representation

A major function of our Local is representation. Sometimes we talk to Local management. Most often, we must employ more formal procedures, such as grievances, ULPs, EEO Complaints, appeals to the MSPB or OSC charges.

Under the current contract, the Union does NOT represent employees in EEO complaints as representatives of AFGE Local 2505.  Officers do, however, represent employees in EEO complaints in an individual capacity.

The Union can file ULPs (a/k/a Unfair Labor Practice Charges against SSA) with the Federal Labor Relations Authority.

Frankly, going to the FLRA isn't very effective for the Union or employees. (The EEOC isn't much better: Employees only win about three percent of the cases they bring through the EEO process. MSPB isn't much better either. The OSC does a better job prosecuting employees for Hatch Act violations than it does protecting Whistleblowers.)

They look for reasons NOT to do anything. For instance, if we ask SSA for information and SSA doesn't respond, we file a ULP. The FLRA reads the info request with a fine tooth comb looking for a loophole NOT to issue a complaint.

I have made repeated requests to the FLRA to provide training to Local 2505 representatives and offered to PAY for the FLRA attorney / agents to come to us. The FLRA did not even have the courtesy to acknowledge the Local's repeated requests.

(I'll send them a link to this web site to see if public castigation generates a reaction).

SSA would have been disbanded and privatized long ago if we provided as poor public service as the FLRA provides.

Sigh…ANYWAY…

In the 90s, SSA agreed to enter into a partnership with AFGE. It did work in some cases and there was an effort in some places to resolve disputes at the lowest level. Today, as long as SSA proposes and the Union says, "Yep! Whatever!", the partnership between AFGE and SSA still exists. I don't believe our members need a Union that rolls over to have its tummy rubbed. If the dog just eats and sleeps and won't get off the porch, it ain't any good. The officers and representatives of Local 2505 are good. We don't look for excuses NOT to represent our members and OK SSA employees!

Most of our time is spent with grievances. Grievances can be effective even if one doesn't win. The Local represented two employees in McAlester who got lousy awards. We went through steps 1, 2 and 3 and invoked arbitration. The next year both employees got the same money amounts as their co-workers.

The Local represented an employee who lost use-or-lose annual leave on the National Day of Mourning for President Ford. SSA denied the grievance at steps 1, 2 and 3. SSA couldn't believe the Local would spend $1,500 - $2,000 to recover less than $180 of lost annual leave. Prior to the arbitration, the Union sent SSA's attorney / representative its witness list and explained to what each would testify. SSA verified and settled forty-eight before the hearing.

What can we say? Except for a weeklong suspension, removal or demotion, the Local will NEVER recover more money than it spends. The Local could have done a cost analysis. The impression of the officers is that our members want the Union to stand up for them and their rights. For the record, the officers of Local 2505 do NOT take members' money except as reimbursement for documented and vouchered expenses. We are NOT in it for the money. If we don't stand for something, we'll fall for anything. We believe in the Union and believe in standing up to management for the rights of our members! (In loftier terms, we fight for "industrial justice")!

By the way, in the National Day of Mourning Grievance, after settling, Local management made another employee whole (i.e., restored their lost use-or-lose). That employee was not part of the grievance and didn't even file a grievance. So, sometimes, having been caught, SSA actually does the right thing and a good thing!

If you are unhappy with something SSA has done, you need to contact an officer. Just the threat of us coming, has made some managers actually talk to employees and take their wishes into consideration!

Now what about the vicious rumor that grievances are career enders? Honestly, it depends on you and the grievance. I have represented an employee who filed an EEO complaint against the manager for giving him the "evil eye." THAT is a career ender; but, the employee was ready to retire anyway and wanted to be left alone in his twilight years of employment. I've represented employees in reasonable accommodation and non selection matters. The employees got their reasonable accommodations, and were subsequently promoted. The employees with non selection matters were promoted. The employees who grieved their awards subsequently received awards.

If you show fear, management will bully you. If you lack self-confidence or have a bad attitude (not-my-job; I work hard only when watched closely, I don't want to learn; I am the only one in my office/unit who works hard; I am the only one who knows anything; etc., ), it is NOT any grievance you may file that is holding you back!

Anyway, in this section you can read about employees who stood up for themselves. I hope it gives you ideas and gives you confidence in your ability to stand up for yourself, in your rights under the contract, and in YOUR LOCAL to be there fighting for you. They built us tough because we sail in harm's way for YOU!

Whether talking or fighting, the Union always tries to use the most appropriate means to reach the desired end. For instance, when SSA would not allow Frank Allard to work-at-home, the Union wrote then SSA Commissioner Shirley Charter. SSA allowed Frank Allard to work-at-home until a "clean room" could be built in his office for him. Could that have been obtained by fighting? Considering the cost of a clean room, probably not. A bonus was that the Region discovered a new found desire to work directly with he Union Rep locally, to whom they said that if there was anything else, please contact RO directly because they NEVER wanted me writing the Commissioner about them EVER AGAIN!
 

So, representation doesn't always mean taking the most confrontational approach.

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