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Arbitration WIN Retired Rep Email Access!
Updated On: Feb 02, 2021

 Award in Communications case- FMCS Case No. 200507-06043

From: Dejuliis, Ralph <Ralph.Dejuliis@ssa.gov>
Date: Mon, Feb 1, 2021 at 5:08 PM
Subject: Arbitration WIN Retired Rep Email access!
 

Council 220 has been trying to get access for years for retired reps, like Local 1923 and Local 1760 did! We’ve talked about it and asked SSA for years to no avail. Council 220 arbitrated it finally AND WON!!! (see the attached)

AWARD

  1. Agency violated Article 11.5 and 6.A when it denied access to its premises and to agency’s communications systems, to retired union officials.
  2. This is a contractual violation of the Union’s contractual right to engage in representational activities, under Article 2.B.
  3. Agency’s denial of access also interfered with the Union’s Statutory right to engage in representational activity, under 5 U.S.C. 7114 (a) and results in a violation of 5 U.S.C. 7116 (a) (1).
  4. Agency shall cease and desist from denying use of agency communications systems, which it contractually provided to the Union. 
  5. Agency shall grant access to the list of representatives submitted by the Union in this case, upon receipt of this Award.
  6. Agency refused to provide information to the union that was relevant in the performance of its representational duties in this matter.
  7. This constitutes a failure to bargain in good faith and constitutes an unfair labor practice in violation of the Statute at 5 U.S.C. 7116 (a) (5).
  8. Agency shall cease and desist from refusing to provide information that is properly requested and necessary to the representational duties of the Union.

The arbitrator's fees and expenses will be shared equally by the parties.

KUDOS to Pete for this incredible victory!!

Ralph


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