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Your Biweekly NVAC Negotations Update
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Week of August 15
Edition No. 06
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Articles Introduced
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Articles Left to Negotiate
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The Negotiating Team just concluded our sixth meeting with the VA at the VA Central Office in D.C, and we won’t lie: the VA has been fighting us every step of the way, and not negotiating in good faith. In the 46 days we have been at the bargaining table, we have discussed 8 articles, exchanged 50 proposals, and filed 2 national grievances and 2 negotiability appeals.
We have reached 0 agreements. We were promised that the VA would renegotiate in good faith, but after pushing back on every worker-centered proposal we have offered, it’s clear the VA is not prioritizing its workers nor the veterans we serve.
Despite President Biden’s labor policy to empower workers, expand collective bargaining rights, and make VA a “model employer,” the VA’s negotiators continue to advance many of the same proposals we fought against in the previous administration. Chief Negotiator, Kurt Martin, is not fulfilling President Biden’s pro-worker promise to empower federal employees and strengthen collective bargaining rights, and we are calling on Secretary McDonough to #ReplaceKurt.
VA negotiators, led by Mr. Martin, challenged NVAC’s proposals to incorporate President Biden’s executive orders in the contract because the “next administration may have different priorities.” Instead of working to expand our rights, VA negotiators continue to advance proposals that weaken our contract and make it easier to fire federal employees. VA and AFGE/NVAC have met for over 12 weeks this year to renegotiate just 12 articles from the Master Collective Bargaining Agreement, and the parties have not reached agreement on a single article.
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Article 22 (Investigations)
Background: During investigations, VA officials may ask employees for oral or written testimony about workplace disputes or other incidents. We want to ensure that all employees have access to union representation before giving any statements and that investigations are conducted fairly and consistently.
VA Position: The VA refuses to entertain any substantive changes to Article 22. They insist that employees will know, without being told, that they are entitled to union representation during investigations. They also refuse to accept proposals that include language providing basic protections for employees despite the same language being included in VA policies.
NVAC Response: We’ve proposed that the VA must notify the union in advance of all investigations that it is conducted to ensure that employees have strong representation. We also proposed that the VA regularly notify employees about their right to union representation. Employees should know their rights, but the VA clearly does not want us to.
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Article 27 (Performance Appraisals)
Background: As a key part of our contract, we have been asking the VA to regularly and consistently explain performance expectations to employees to ensure that supervisors are training workers to fulfill their potential. We want to ensure that VA workers are set up for success and that they are given the chance to improve their performance before disciplinary action is taken against them.
VA Position: The VA reopened this article to make it easier to discipline employees that they decided have not performed up to their standards. The current timeframe to evaluate employee performance is 90 days, but the VA wants to reduce this to just 30 days. That is merely a month to decide whether or not an employee will retain their job even if you have been an excellent employee for 10 years. They have also proposed to fully eliminate performance improvement plans (PIPs) as currently written in the Master Agreement, which gives employees the chance to meet their performance metrics. Although employees overwhelming pass their PIPs, the VA does not believe the data.
NVAC Response: We will not allow the VA to unfairly evaluate employees. This bad faith bargaining does not align with President Biden’s policy that the federal government should be a “model employer.” We will continue to push back and let the VA know that, in order to retain its employees, they must give us the chance to learn and grow on the job.
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Article 47 (Mid-term Bargaining)
Background: This article determines how AFGE-NVAC and local unions participate in mid-term negotiations with the VA.
VA Position: The VA wants to reduce the amount of time that employees have to review any changes to VA policy and procedures in order to voice their concerns through their union representation. In a significant change to the current Master Agreement, VA wants to provide the union with mere days to review new policies and present proposals to the Department, or else the union will have “waived” its right to bargain. The VA also wants to eliminate all existing agreements at all levels, for no good reason at all.
NVAC Response: We want to ensure that all employees have sufficient time to review VA policies with their union officials and discuss health and safety concerns that may arise through the implementation of new policies. NVAC will also fight to maintain existing agreements at the local and national levels because these contracts provide a culture of stability, fairness, and respect for VA workers.
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Article 66 (Technology)
Background: This article outlines procedures governing the use of technology to administer, track, and/or measure the work of VA employees.
VA Position: President Biden has directed federal agencies to negotiate with unions over the subject of “technology.” But the VA is hesitant to allow employees and their union to be involved in the design and implementation of technology and computer systems used to monitor and evaluate work.
NVAC Response: We want employees to receive proper training when the VA introduces new technology to the workplace and ensure that workers are empowered to challenge inaccurate electronic records of work performed. NVAC also wants to make sure that employees are properly trained on new technology and have the ability to review automated reports that may impact their job performance and evaluations.
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