Posted per Local President Gerard Tcheumani:
(March 17, 2018)
Dear members,
Last summer VBA management made changes to the Output metric of the Veterans Service Representatives’ (VSRs) performance standards without completing its bargaining obligations with the NVAC. The NVAC filed a national grievance over this unilateral implementation on July 25, 2017. We are pleased to report that this week the NVAC and the VA reached a settlement of the national grievance. A copy of the settlement agreement is attached. Pursuant to the terms of the settlement, management is prohibited from issuing any performance based actions against VSRs premised on deficient work performance for work performed in FY17 (Oct. 1, 2016 – September 30, 2017). No new discipline of this type should be proposed after the effective date of this agreement, March 13, 2018. If there is any such discipline issued (i.e. discipline based on deficient performance of work during FY17), local officers should contact the NVAC Legal Team at nvacattorney@afge.org. This settlement does not affect performance based actions premised on deficient work performed during the current fiscal year. It does not affect disciplinary action premised on an employee’s conduct.
This settlement follows the gains made at the bargaining table with respect to the same changes to the Output element of the VSR performance standards. On January 10, 2018, your VBA mid-term bargaining committee negotiated the attached MOU with the Agency on this subject. The provisions of this MOU are made retroactive to the implementation date of the modifications to the Output element and continue in full force and effect for VSRs going forward.
The NVAC Legal Team had also filed a complaint with the Office of Special Counsel alleging that VBAs performance assessment system for VSRs FY17 violated merit system principles. OSC disagreed with the merits of our complaint and declined to further investigate the allegations. But going forward, performance data from FY17 should not be used to support disciplinary actions according to the terms of the settlement reference above.
If local officers have any questions about the information contained in this briefing please email the NVAC Legal Team at nvacattorney@afge.org.
MOU re VSR Performance Standards Modifications to Element 3 Output (1-10-18)