Memorandum of Understanding Between the U. S. Department of Labor, Occupational Safety and Health Administration and The National Council of Field Labor Locals, AFGE, AFL-CIO
Introduction
This Memorandum of Understanding (MOU) is entered into between the U.S., Department of Labor (DOL) and The National Council of Field Labor Locals, AFGE, AFL-CIO (NCFLL) in accordance with the applicable provisions of the master DOL-NCFLL Agreement.
Subject
This MOU concerns the redistribution of Occupational Safety and Health Administration (OSHA) Whistleblower Investigators (WBIs).
Background
On July 31, 2024, OSHA provided notice to NCFLL of its plan to redistribute whistleblower investigators and supervisors to better meet the needs of the agency based on workload analysis. The plan will impact Whistleblower Investigators (WBI) and Regional Supervisory Investigators (RSI). The plan will follow two distinct transition paths as OSHA strives to rebalance the whistleblower workforce. The first path will be directed reassignments to address equity in Regional staffing levels. The second path will be the creation of a Tiger Team focused on whistleblower backlogs.
Terms of the Agreement
1. The parties agree the reassignments will be effective no earlier than September 30, 2024.
2. To be considered for reassignment, WBIs who are GS-9 to 12 from the designated regions (Boston, Denver, New York, Philadelphia, San Franscisco) and whose most recent performance rating was “Successful” or higher will be eligible to volunteer. The NCFLL will solicit volunteers from the pool. If more WBIs volunteer than are needed, seniority will be the determining factor in selection. Volunteers must be identified by September 20, 2024. Selection of the WBIs for reassignments will first be chosen from volunteers.
3. If there are not enough volunteers, regional management will select WBIs from the pool for reassignment.
4. Management will determine the members of the Tiger Teams in Boston and Kansas City. The members of the Tiger Team will be reassigned at a later date.
5. No WBI affected by this directed reassignment will lose employment with OSHA, pay, grade, career-conditional or career status as a result of this reassignment.
6. No WBI will be furloughed or subject to a Reduction in Force (RIF) as a result of this reassignment. This is to include members of the “Tiger Team” who may be reassigned to the regions.
7. For the purposes of this OSHA reassignment, there will be no impact to bargaining unit status.
8. WBIs who are currently in a position with career ladder potential will retain the career ladder potential of their position.
9. For the purpose of the OSHA reassignment, Management will give every consideration to the affected WBI’s previously approved documented leave requests. If the previously approved leave must be cancelled for exigencies of public business, the WBI will be informed in writing and the leave will be restored if unable to be taken during this calendar year.
10. The parties agree that management will adhere to Article 43, Section 7 of the Parties’ CBA and corresponding articles of any successor CBA.
11. The Parties will adhere to the provisions outlined in Article 29 of the CBA and corresponding articles of any successor CBA.
12. Once the reassignments are complete, OSHA will continue to follow Departmental policy regarding remote work for BUEs.
13. This reassignment will have WBIs and supervisors working in various time zones. For scheduling purposes, management will adhere to and be cognizant of the time bands in all time zones for the affected WBIs.
14. The parties agree to adhere to Article 47 of the CBA and corresponding articles of any successor CBA.
15. Performance reviews are based on the work conducted by WBIs. They will not be held accountable for work they have not been given an opportunity to perform.
16. For investigators being reassigned, their existing caseloads will be reallocated upon the effective date of the reassignment. Their new work assignments will come from and be submitted to their new supervisor.
17. Performance standards will apply in accordance with Article 43 and DPR 430. A WBI ’s performance evaluation will not be negatively impacted for any case delay occurring before assignment.
18. The Performance Ratings of the OSHA WBIs affected by this reorganization will not be adversely impacted. WBIs will receive a close out rating of record for FY24 including all the work done through September 30th, 2024, by their current supervisor. Nothing in this term will impact the effective date of the reassignment.
19. Management agrees to adhere to Article 18 of the CBA and corresponding articles of any successor CBA.
20. If position descriptions are changed as a result of the reassignment in order to meet
the mission of the agency, OSHA will abide by Article 43 Section 2 and corresponding articles of any successor CBA. 21. Management will ensure all WBI employees receive the necessary training required to perform successfully.
22. Management does not intend to relocate WBI workstations as a result of this reassignment. Any changes in workspace shall be in accordance with Article 11 of the CBA and corresponding articles of any successor CBA.
23. All union representation by the impacted Locals will remain the same.
24. The parties to this MOU shall meet every 6 months upon the NCFLL’s written request to review the progression of the new assignments and any issues or concerns that may arise due to the implementation of the reassignment of WBI until the Tiger Teams have been fully and finally reassigned.
25. This Memorandum of Understanding (MOU) shall remain in effect and carry over after the ratification of the new contract between the parties involved. The terms and conditions outlined in this MOU will continue to be binding and enforceable until such time as a new agreement is reached and supersedes this MOU. Both parties agree to honor the commitments and obligations set forth in this MOU, regardless of any changes or updates to the main contract.
26. OSHA will electronically distribute this MOU to all WBIs and a copy will be posted to LaborNet.
27. The effective date of this MOU will be upon final signature.