Below is an e-mail from NTEU Lead Negotiator Steve Keller concerning the FDIC’s implementation of the Comp Time for Travel (CTT) Policy. What an irony? Congress passes a law to eliminate Federal employees having to do official travel on their own time. The FDIC implements the law so that their employees will actually have to travel more on their own time. It is good thing that we are the "employer of first choice."

As you can see, Steve Keller is considering the possibility of filing an unfair labor practice or a group grievance against the "employer of first choice," concerning the FDIC’s semi-unilateral implementation of the CTT Policy.

I will keep you posted on this issue

Ralph

From:* Steve Keller [mailto:steve.keller@NTEU.ORG]
Sent:* Thursday, March 16, 2006 4:05 PM

I just spoke to Mary Laverty and Donna Stein:

They indicated that DSC has "rescinded" Shumway. I told them that NTEU had NOT agreed to this. As you know, there is no mention of this in either the Comp Time policy we negotiated nor in the "side letter" - the only reference relating to this is #3 in the side letter, which states:
"To the maximum extent possible, employees will be traveling during normal duty hours. For example, for DSC examiners, on the first and last day of the examination, an employee normally will be traveling during normal duty time to and from his home to the financial institution being examined."

During our negotiations, NTEU was told that this was being done so as to eliminate the need for employees to claim comp time on the first and last day of the exam. Of course, NTEU had no problem with that. However, now, upon implementation, DSC is saying (1) that the "on-the-clock" travel is limited to time and circumstances under which the employee would be eligible for comp time (which therefore excludes (a) all trips to assignments within a 50-mile radius of the FO, and (b) commuting time on trips to assignments outside the 50-mile radius); and (2) that the 1-hour limit on personal time travel (found in Shumway) no longer applies to any of these trips excluded from comp time eligibility.

Again, I clearly informed them that this was not agreed to, not ever discussed, during the course of bargaining (DSC did not participate in the bargaining, so DSC only spoke to the management reps, and never directly to NTEU). As such, rescinding Shumway constitutes a unilateral change in working conditions, which could be the basis for a union grievance and/or unfair labor practice charge, in addition to employee grievances. I also told them that they are likely to have a revolt on their hands when word gets out among examiners about what DSC is doing.

The told me that they would be sending me some Q & As, perhaps tomorrow, with clarification and guidance on comp time for travel issues. Perhaps they will get with DSC and re-think their position before then. If not, I told them to expect many grievances, or perhaps one big one.
The other issue that we discussed (in the context of discussing the accuracy of the Boston-prepared grid) is the need to clarify some of the distinctions in the treatment of FLSA exempt versus non-exempt employees; since non-exempt employees have broader eligible for overtime, there are circumstances in which exempt employees get comp time but non-exempt employees do not (but only because they are getting overtime for these same hours - this applies in some cases for Sunday travel, or for one-day trips outside the 50-mile area). I do not see any dispute here.

Once I get something in writing that confirms the agency's position, such as their Q & As, I expect that Colleen will send out a memo about this which includes our plans for attacking this.

NTEU Chapter 275 Newsletter

March 8, 2006

This article was sent from another NTEU Chapter. It was received by an employee from their Field Supervisor.

We are beginning to get some interpretive guidance on the whole comp time travel (CTT) issue as we wade through the very confusing policy, so please continue to bear with us. We have been told that there will be some Q&A guidance soon. In the meantime, here are some general guidelines that should help you understand.

In calculating CTT eligible time, you always subtract your normal commuting time to the FO. (I acknowledge there is still some conflicting information out there on this point.)
The policy says that, to the maximum extent possible, employees will travel during normal duty hours. Therefore, at the beginning of most CTT eligible assignments, I expect you to leave your house at the normal time you would leave if you were heading to the FO, and you would get to the assignment when you get there. At the end of such assignments, you would leave at such a time that would get you home at the same time as if you were commuting from the FO. However, if business reasons require you to get there earlier or stay later, you would do so (with advance supervisory approval) and earn CTT.
CTT cannot be claimed for any time during your normal work hours. (If your normal work day is 8:00 to 5:30, you cannot claim CTT during those hours you are already being paid for).
CTT cannot be claimed for time after you have already arrived at the temporary assignment.
CTT never applies to assignments within a 50 air mile radius of the FO. Even if you stayout on one of these assignments (example, a bank that is 40 miles from your home and FO), you are not eligible for CTT.
CTT for intervening weekends applies only to a stayout assignments where you are required to return to your residence for the weekend, e.g., a job where you are less than 100 miles from your FO or home. For assignments beyond the 100 miles, the 90 minute rule applies instead. (There is conflicting information on whether this is 100 road miles or air miles.)
There will be occasions where an individual might choose to alternate staying out and commuting on the same assignment. In these situations, my guess is that the operative determinant for otherwise eligible CTT intervening weekend travel will be whether the individual stayed out on the night immediately preceding or immediately following the weekend.
You will have until 4-14-06 to do a backclaim for any previously incurred CTT since 1-28-05, and Washington is supposedly in process of developing a spreadsheet to help you. We aren’t in any hurry to receive these from you as we prefer that you have all the additional guidance you need to submit correct information.
Going forward, you need to get advance approval for anticipated CTT. Unanticipated CTT will be approved on an exception basis only.

Attached is a table that may be of help.

Clarification by Steve Keller - 50 mile radius

The key words in the statute are "in travel status away from the official duty station of the employee." The office duty station is not just the office - the law, and OPM regs, give agencies broad discretion to define the official duty station as the area around the office with a radius of up to a 50 miles, and this is the standard used by virtually all, if not all, agencies. That is the basis for excluding travel to such locations from comp time under the statute and OPM regs.

There is therefore no inherent inconsistency between the statute and the FDIC policy. As I've said previously, we proposed that the FDIC use the standard field office boundary used for stay-out purposes for comp time (generally, 30-35 miles), but they refused. Since the 50 mile radius is used by most other agencies, and was already in the FDIC policies for overtime (which comp time is a form of), we made the assessment (in consultation with the FDIC chapters) that were were unlikely to win on this issue before the pro-management Federal Service Impasses Panel, and that the fight would simply delay implementation of this program for another six to nine months.

Given the time it may take to travel in many metro areas within the 50 mile radius of the FO, I agree that this is not a "fair" result. However, it is consistent with the statute and regs, and how the policy is being implemented in every other agency that I am aware of.

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