This letter is for the FACREP that is dealing with an ATM that doesn't want to negotiate credit hours on a recurring basis (pre-approved). Enjoy!
You need to tell your manager two things.
Article 34 Section 8 was written to provide for the opportunity
to negotiate
recurring basis credit hours. Failure to negotiate in good faith
with you (ie., a statement to the effect that he won't approve
ANY) is grounds for a ULP for bad faith bargaining. 7714(b)
reads, "The duty of an agency and an exclusive
representative
to negotiate in good faith under subsection (a) of this section
shall include the obligation--
(1) To approach the negotiations with a SINCERE resolve to reach a collective bargaining agreement."
His failure to do so is a ULP. I would also file a grievance for violation of Article 7 and the Preamble.
His failure to negotiate also places the issue
before you at impasse, in which case you should file the ULP and
grievance,
declare impasse and forward the entire issue to your RVP.
You can tell your manager that facilitys
NATIONWIDE are now, and will continue in the future, to negotiate
recurring basis
credit hours. At CLE, for instance, I believe the agreement just
reached provides for automatic approval between 0700-2300.
Advise your manager that the Authority will look closely at the
body of evidence nationwide ((evidence, by the way, that you
are under NO OBLIGATION to share with him at this point)) in
determining his malfeasance with respect to this issue.
If he persists in his mistaken impression that
he is under no obligation to negotiate with you, I would
recommend the ULP and
the grievance. You might also file an information request for
whatever he has that he used in making that unilateral
determination.
On the stealthy side since I'm not there, I
don't know if credit hours work more to your benefit or theirs,
but I would seriously
consider telling all good union troops one of two things:
1. Lose the enthusiasm for credit hours,.or for
anything not associated with your primary duties, for that
matter. Or ... if
people are gonna work 'em anyway.
2. Everyone who is not AT work, call whenever
possible to check on the availability of credit hours. Over and
over and over.
For example: At 0200:
"Hello, Chief? John here. Today's my RDO. 'Can I
come in for Credit Hours?"
"Why yes, John, you can. What shift do you
want?"
"Uhhhhhhh. None ... I just wanted to see if they
were available. Thanks for the information. Bye."
At 1400:
"Hello, Chief, John again. Are credit hours
available?"
"Mumble, mumble."
"Ahhhhhhh, forget it. I just remembered I've got
other plans. Thanks."
Document cases where they were available.
(Every Friday afternoon? Every Monday morning??) This will form
the basis
for your allegation that recurring basis credit hours are
available, and management refuses to negotiate them in good
faith.
It's NEGOTIATIONS. Like I told
the manager here at CLE, referring to OJT:
"Can you guarantee people 40 hours of OJT a
week?
No, you can't.
"Can you guarantee people ONE MINUTE of OJ'r per
week? One LOUSY minute?"
Why, yes, you can. SO!!!!! The truth lies somewhere
between one minute and forty hours. Find the truth, and implement
it."
Your job........ and HIS ... is to find the
truth of the matter, which is that there is XXXXXXXXXX hours
during any given
day/week/month when Credit Hours can be automatically approved on
a recurring basis.
With respect to what you can do: Job actions
are against the law. Don't have one. Creative civil disobedience
is not, and can
be very rewarding in it's own right.
xxxooo,
JTB