AFGE Local 2113
Official-Time ULP of July 2001

On 5 July 2001, Alan Lunin, Labor Relations specialist for Capt D. R. Gagnon, Commanding Officer, NAWCTSD, wrote a letter to Lorraine Tuliano, president of AFGE Local 2113, giving notice that no further official time would be authorized for union activities until new negotiations had been completed with regard to official time. On or about 10 July 2001, Alan Lunin held a meeting with supervisors at which he directed them not to authorize any further official time for any union activities until further notice. Subsequent to that meeting, supervisors began denying official time for any and all union activities.

It was Local 2113's position that the Command's new violated numerous statutes and sections of the LMA and the agreement of 15 February 2001 between Management and Local 2113 reaffirming intent to abide by the LMA. This position was explained in a letter, dated 10 July 2001, from Lorraine Tuliano to Capt Gagnon, which cited these statutes and sections of the LMA and urged Capt Gagnon to immediately rescind the new policy. Captain Gagnon refused to withdraw the new policy, and he articulated this in a letter dated 11 July 2001.

Preliminary efforts to resolve this matter were unsuccsessful, and on 20 July 2001, a complaint of an Unfair Labor Practice was subsequently issued by the Atlanta Regional Director of the Federal Labor Relations Authority (FLRA) against NAWCTSD in connection with this matter. A hearing was scheduled to be held before an administrative-law judge in Orlando on 21 Aug 2001.

On _______________, a settlement was reached. _____________________ __________________________ __________________________

may help to develop a form or forms for this purpose.
  • If official time is denied, then request annual leave or leave without pay (or do it on your own time). Again, do this in writing, preferably on form __________, and include in the Remarks block that the request is for leave is in order to perform union activities for which official time was denied.
  • If official time is approved, keep a record of this as well, and note what matters are approved for official time and what matters are not approved.
  • Do not discuss details with Management beyond that which is necessary to qualify your request as one for which official time should be authorized. The law and the LMA authorize use of official time for many union activities, and they have not changed. No further detail should be necessary now in order to obtain approval for official time than was necessary before Management's new policy was instated. Management is not permitted to participate in management of union operations and has no right to know many details of union matters.
  • When you do your timesheet, distinguish between leave taken for union activities for which official time should have been approved but was denied and leave taken for other purposes. In pay periods when you take leave for other purposes, this may result in two entries which have the same PID and P&S Code. These may indeed get combined and entered as a single entry when the data is keyed in, but if we are going to get reimbursed it is important to keep clear records concerning how much time is used and for what purposes.
  • Keep records of requests and denials, leave used for union purposes, timesheets, Leave And Earnings statements, and submit copies to Lorraine for inclusion with our claim. Keep records of what you actually do with this time. Not all union activities may be done on official time.
  • Again, until this matter is finally resolved, no assurances can be given as to how or when it will be resolved. Though we cannot guarantee that personal time used for such matters will be restored, it is reasonable to assume that in order for it to be restored, some documentation of how much time is involved will be needed. We are hopeful that this matter will be resolved well before the end of calendar year 2001, but again, there can be no guarantee that it will be, and several uncertainties remain at this time. For example, it is not clear at this time how use-or-lose leave might be treated if the resolution and restoration does not occur in time for such leave to be used before the end of the calendar year. Intuitively, it seems that it should be easier to get annual leave restored or leave without pay paid for than to get paid for time used in excess of full-time work, but it must be recognized that the ultimate resolutions of such questions are often different from that which is expected. If we recover payment for time used for work in excess of 80 hours per pay period, we do not know whether such pay would be at the full-time rate, overtime rate, at some premium above full-time or at some other rate, if such payment will include interest or at what rate, or whether we will get paid at all for such time. If use-or-lose leave is not restored in time to be used, we do not know if it can be paid for or at what rate.

    In the meantime, keep up the good work! Do be assured that this matter is getting a lot of attention at district and national levels, both within AFGE and FLRA.
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    This page was last updated on July 22, 2001