Author: Gary Locken

TAKE ACTION NOW TO ENSURE A VOICE ON THE JOB!

Call the Senate hotline at 202-410-7717 and the House of Representatives hotline at 202-519-0122

Tell your Senators and your Representatives in Congress to:

1. 1  Co-sponsor the VA Employee Fairness Act and demand that Secretary. McDonough supports HR 1948 (House Bill) and S 771 (Senate Bill) to give RNs full collective bargaining rights to ensure that RNs have a voice to advocate for our veterans,
2. 2  Demand Secretary McDonough immediately signs our contract as agreed to by the VA and the NNOC/ NNU bargaining teams in 2018, and
3. 3  Fully implement President Biden’s Executive Order, Protecting Federal Workforce and revoke the USC 7422 decision letter on official time for Title 38 employees.

On the floor of the House @RepMarkTakano reveals 185 VA staff, including doctors and nurses, have tested positive for #COVID19

(@DeptVetAffairs has not been posting employee counts)

571 veteran patients also have been infected. 9 deaths
https://t.co/eUk3IehrNM

— Aaron Glantz (@Aaron_Glantz) March 27, 2020

Weather and Safety Leave During COVID-19 Pandemic 

WEATHER AND SAFETY LEAVE

The U.S. Department of Veterans Affairs (VA) is the nation’s largest healthcare system.  The American Federation of Government Employees National VA Council (AFGE/NVAC) represents approximately 260,000 bargaining unit employees at the VA.  As a result of the VA’s response to the COVID-19 pandemic, AFGE/NVAC received a substantial number of inquiries from front-line employees concerning Weather and Safety Leave (WSL).  We understand your concerns and have developed this guide to summarize the issue of WSL and address some of your frequently asked questions.  

What Is WSL?

The Administrative Leave Act of 2016 created four types of administrative leave, one of which is WSL.[1]  There are also government-wide regulations[2] and VA policy[3] regarding the use of WSL.

WSL is a form of discretionary, paid leave that may be provided to eligible federal employees when weather or safety-related conditions prevent them from safely traveling to or safely performing work at an approved location due to an act of God, terrorist attack, or other applicable condition.  

Does COVID-19 Qualify As An Applicable Condition?

Yes, federal agencies may grant WSL in connection with the COVID-19 pandemic.[4] 

Who Is Eligible For WSL?

The law permits the VA to grant WSL to most employees.  However, “intermittent employees” are not eligible and those designated by the VA as “emergency employees” (i.e., critical to VA operations) may not be eligible. The VA must notify “emergency employees” of this designation as far in advance as possible.[5]  Please note the designation of “emergency employees” is distinct from the designation of “essential employees.”

When Should The VA Grant WSL?

The VA’s decision to grant or deny WSL is discretionary.  For example, WSL may be granted when: 

• An asymptomatic employee is subject to movement restrictions or quarantine;
• An asymptomatic employee is “at risk for serious illness from COVID-19” per CDC guidance;
• An asymptomatic employee is ordered, by the VA, not to report to work.

What About Telework?

If you participate in a telework program, the VA may direct you to telework and deny a request for WSL.[6]  Please consult your AFGE Local President to ensure you have adequate telework resources. 

Further Assistance & Additional COVID-19 Resources

On behalf of AFGE/NVAC, we thank you for all that you do to support the mission of the VA.  If you need further assistance, please contact your AFGE Local President.  Additional COVID-19 resources: 

• AFGE members-only website: www.afge.org/coronavirus. 
• OSHA: https://www.osha.gov/SLTC/covid-19/
• CDC: https://www.cdc.gov/coronavirus/2019-ncov/index.html

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[1] 5 U.S.C. §6329c.  

[2] 5 C.F.R. Part 630, Subpart P (Weather and Safety Leave).

[3] VA Handbook 5011/34 (Hours of Duty and Leave), Part III, Chapter 2.

[4] OMB Memorandum M-20-13 (March 12, 2020). 

[5] 5 CFR 630.1605(b).

[6] 5 CFR 630.1605(a). 

Please review the attached Informational brochure from the national Council

HELPFUL WEB SITES FOR WORKERS COMP     

• Federal Employee Compensation ACT:  

https://www.dol.gov/owcp/dfec/regs/compliance/feca550q.htm

• Department of Labor:    

https://www.dol.gov/

• The Ecomp system:        

https://www.ecomp.dol.gov/#

• Publication CA-810:       https://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/CA-810.pdf

• AFGE Health and Safety site:  

https://www.afge.org/member-benefits/health-and-safety/

The google calendar has been updated to reflect current general membership meetings and events for Local 1061.

Also located at https://glaunion.com/upcoming-meetings-and-trainings/

Our local 3943 is moving in a new direction and will be consolidated into AFGE Local 1061.  Please rest assured that Local 1061 has many years of representing Veterans Affairs employees and has a long history of advocating for federal workers.  More information about this exciting prospect to follow as it becomes available.

During this transition, all your rights as a represented union worker still apply.  Should you need assistance or are called to a meeting with management or supervisor please remember to invoke your Weingarten rights.  You have to actively assert your Weingarten Rights for the rights to apply. Please read the following statement if called to a meeting by management:  If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative or steward be present at this meeting. Until my representation arrives, I choose not to participate in this discussion. 

If you do not request this right out loud in these words, you could face an unfair disadvantage if your union rep is not there to assist you.  After reading this statement management must give you the union representation you have requested before proceeding.  If the management personnel in charge fails to provide you with your union rep after your invoke your  Weingarten rights, they have committed an unfair labor practice that can have legal consequences and your union  rep can potentially use to mitigate adverse actions taken by management. 

Remember to invoke all your rights as a worker, even as we transition into a new organization.  We look forward to representing more workers in this new phase of our union.  Thank you as always for allowing us to work for you.   

Gary Locken VP for the Northern Clinics Local 3943 and Webmaster. Signing off of now, at least in my current form.  I hope to keep working on your behalf and it has been a pleasure serving you. 

To: All Local Members

From: President AFGE/NVAC

Subject: 25 Worst VAMC’s

There is a survey in the field where stations are stating “it’s not a survey”. Management is requesting bargaining unit employees to name the 25 worst VAMC’s. DO NO RESPOND TO THIS REQUEST. The National VA Council believes this request is designed to have the BUE’s be responsible for shutting down VA’s etc. Again DO NOT RESPOND!!