Department of the Treasury s7

DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE WASHINGTON, DC 20224

March 22, 2010

MEMORANDUM FOR VICKI LIGHTFOOT, PRESIDENT, NTEU CHAPTER 48

FROM: George W. King Senior Commissioner’s Representative (SCR) Mid-Atlantic

SUBJECT: Step 2 Response ALERTS #2010-6899

This memorandum is in response to the mass grievance dated February 1, 2010, and amended on February 18, 2010, filed on behalf of employees – known and unknown – in Virginia who were affected by the inclement weather conditions on February 1, 2, 5, 8, and 10, 2010. The grievance cites violations of Articles 5, 27, and 36 of the National Agreement, Title 29 of the Code of Federal Regulations, and Title VII of the Civil Rights Act of 1964.

The grievance requested the following remedy:

a. for any employee that did not report on February 1, 2, 5, 8, and/or 10, grant administrative leave; and b. for any employee who did report and stayed the whole day, part of the day, or left early, grant 4 hours of administrative leave to be used at a later date; and c. if anyone physically fell and hurt themselves or any damage to employee vehicles, that they be monetarily compensated by the Agency; and d. establish a meaningful group that includes other relative management officials and NTEU involvement into the actual decision making process for weather.

The second step meeting was conducted on February 18, 2010. Those in attendance at the Richmond Federal Office Building (RFOB) located in Richmond, Virginia, were Linda Young, Administrative Officer; Vicki Lightfoot, President, NTEU, Chapter 48; and Renee White and Carolyn Moseley who served as witnesses providing testimony regarding the weather conditions at the RFOB. Annemarie Atchison, Acting SCR, and Linda Brewer, Human Resources Specialist, participated in the meeting via teleconference call.

The meeting began with your allegation that management did not exercise good judgment concerning the safety of the employees located at the Richmond Federal 2

Office Building (RFOB) during the February winter snowstorms. You opined that decisions for delayed openings were not made in a timely manner and you questioned management’s decision to open the facility during severe weather conditions. In fact, you referenced other areas within the area that had closed their facilities in view of the hazardous weather conditions. Testimony from Ms. White and Ms. Moseley was also given to attest to the icy sidewalks and dangerous road conditions in Richmond during this time period. You also informed that you felt specific procedures should be in place for the decision-making process to ensure the safety of the employees and you felt NTEU should be a part of that process. You further indicated that you felt employees were not treated fairly in the approval of administrative leave or granting of liberal leave for late arrivals and/or early departures.

During your discussion with Annemarie, she asked that you forward any information or documentation to Ms. Young for review in consideration of this grievance. You subsequently forwarded pictures of the snow accumulation around the RFOB and several newspaper articles. As for your concerns concerning leave approval, this issue should be addressed with the managers of the individual employees.

First and foremost, let me state that the safety and welfare of all employees is a priority consideration in making any decision. As the SCR tasked with the decision concerning opening or closing the facility during inclement weather, many factors are considered in the decision-making process. All available resources are explored and analyzed as early as possible. Every situation and every POD must be considered individually in making a decision that is in the best interest of the affected employees.

I have reviewed all issues pertaining to this grievance and have concluded that at no time was a decision made without consideration for the safety and welfare of the employees. Therefore, this grievance is denied in its entirety and no remedy is granted. You may appeal this decision to binding arbitration. Such an appeal should be filed with the Human Capital Officer and the Director, Workforce Relations Division, via email to [email protected].