Seriously for a bunch of trained and barred attorneys, this is the scariest bunch of feds I’ve seen post. |
Ok, so let’s say you get flagged for violating the CBA rules on hours, for example by only being there 8 hours because you take your lunch at the very end of the day. Do you really think that you arguing that, because the SEC ended telework, you no longer have to obey any other provisions of the CBA would work? |
I don't think anyone's saying that. I think PP is referring to the agency heads who violated the CBA. |
There clear implication from that post and many earlier ones was that employees don’t need to follow CBA rules because they believe the agency didn’t follow the CBA re telework. |
This is not a violation of the CBA. It is a violation of the Agency’s time and attendance requirements. |
It is part of the CBA. Article 7, Section 14. https://www.secunion.org/article-7-work-schedules |
You are correct, thanks for the citation. Both things can be true. The CBA mirrors Agency policy. If an employee were reprimanded the agency would not cite a violation of the CBA. They would cite non compliance with schedule and attendance. |
Ah, I see — the CBA for me but not for thee. Got it. Thanks for clarifying. If I violate the CBA, does the agency have to go through a multi-year grievance and arbitration and appeals process? |
You didn’t answer my question, and I wasn’t saying whether it was fair or not. I was just asking if you thought it would actually be an effective defense to say that I am allowed to violate the CBA because of what the agency did on telework. |
DP, but this is contract law question isn't it? If one party to a contract breached, can the other party now breach? I seem to remember perhaps yes, esp if the second breach is related/as a result of the first breach. But of course not sure if we as members are actually considered parties. |
| the rto does get some getting used to. like everyone else i have to take vacation to leave early to pick up kids. am less productive than before because of all the commute time and don’t answer any emails once i leave the office. |
Correct me if I’m wrong here, but I think there is language in the CBA that specifies the usual contract type language that if one section/article/etc. is null/void/breached the rest remains in place. I get the question. I just don’t think this is a viable path. The union’s position is that the SEC repudiated the contract illegally. We will see what happens in arbitration on that point. |
| Does anyone know when the final steps of the arbitrary will happen? When we will get a decision? I feel like it would be helpful if the union told us that. |
Ask your steward, they know. |
| Not a single question to PA about breaking the CBA by committee members to whom he’s testified. Pathetic. |