FACT FINDING:  What is it?  What are your rights?

According to Dictionary.com a fact finder is a person who searches impartially for the facts or actualities of a subject or situation, especially one appointed to conduct an official investigation, as in a labor-management conflict.  Recently, the Nursing Service at VA Maryland has adopted the fact finding approach to investigating issues and concerns that arise.  The purpose is to gain insight into the situation and determine the course of action required.  You have a right to Union Representation at the fact finding.  It should be during duty time or you should be compensated for your time if it must be done during unscheduled time.

These steps identify the process for notification of the need for your participation in a FACT FINDING inquiry.  First, the supervisor/Nurse Manager (NM) will inform you that they would like to meet with you to do fact finding, and they should tell you what the fact finding is in relation to, and inform you that you have a right to Union Representation during the meeting.  Next, you should contact your Union Representative to inform them, and determine availability of meeting times; your representative will contact the supervisor/NM and schedule a time for the meeting confirming what the fact finding is in regard to.  Commonly, you and your representative will meet (in person or on the phone) prior to the meeting to discuss the any concerns you have related to the meeting.  During the meeting the Supervisor/NM will ask specific questions to determine the FACTS.  You may be asked to complete a report of contact in addition to your participation in the meeting; you should comply with this request.  Many times you will not be the “subject” of the fact finding, you may have been present or witness to events that are being investigated and your input helps to clarify the entire situation.  That may be the end of the process for you, or there may be a next step.

• ·         If it is the end of the process you are done, there is no record of this in your personnel file, it is not discipline, and it is DONE.   
• ·         The information may lead to corrective action. Corrective action can be education, in-service, or verbal/ written counseling (or a combination) and it is not a part of your personnel file.  You have a right to representation for any meetings related to the proposed and actual counseling.
• ·         There may be proposed disciplinary action resulting from the fact finding.  Disciplinary action will be proposed formally in writing and you have the right to representation at this meeting.  Your rights to respond the disciplinary action are included in the proposal and you may elect to have union representation throughout this process.
• ·         A Board of Investigation may result from the fact finding.  You will be notified in advance, formally in writing if you need to appear before the board for testimony; you have a right to union representation at this inquiry.

REMEMBER, you have the right to representation throughout all parts of this process.  If you are notified you should contact your Union Representative before you begin participating in the process.  If informal conversation begins, invoke your Weingarten Rights stating “If this conversation could in ANY way result in adverse or disciplinary action I would like to have Union Representation present before we continue”.   The Union feels fact finding is essential to fair and equitable treatment and is here for you throughout the process.

 

In 1975 the Supreme Court decision in the case of J. Weingarten Inc. established precedent allowing employee’s the right to Union representation during an investigatory interview.   Since this decision the right to representation is referred to as Weingarten Rights. It is the responsibility of the employee to initiate the request for representation.
Investigatory interviews are as simple as conversations in which a Supervisor questions an employee to obtain information which could be used as a basis for discipline, OR if the Supervisor asks an employee to defend his/her conduct.   If an employee has a reasonable belief that discipline or discharge may result from what s/he says, the employee has the right to request Union representation.
Weingarten rights come with rules:

 

1.  The employee must make a clear request for Union representation before OR during the interview. The employee CANNOT be punished this request

2.  After the employee makes the request, the Supervisor has 3 options

• ·         Grant the request and delay the interview until the Union representatives is  available and has a chance to consult privately with the employee
• ·         Deny the request and end the interview immediately
• ·         Give the employee a choice

1.  Continue the interview without representation
2.  Ending the interview

 

3.  If the Supervisor denies the request and continues to ask questions, this is an unfair labor practice and the employee has a right to refuse to answer the questions/remain silent. The employee will not be disciplined for refusal to answer, but must sit there until the interview is terminated by the Supervisor to prevent a charge of insubordination.

Employees need to know their rights and responsibilities and USE them. When in doubt, please seek advice from a NAGE representative.

 

The dealine for applications is May 18, 2012.

In continuing NAGE's commitment to helping members and their families achieve their educational goals and dreams, NAGE is proud to announce the 9th Annual NAGE Scholarships program.

Each year, fifty scholarships in the amount of $500 each are awarded in a lottery.

Applicants for the lottery drawing scholarships must be planning to attend or already be attending a two- or four-year college, trade or technical school to be eligible.

Scholarships are available to members of NAGE, IBPO, IBCO, and IAEP, and the member's spouse, child, grandchild, niece, nephew, or significant other. The application, which is available by clicking the link below, takes about 3 minutes to complete.

Scholarships will be awarded without regard to the sex, race, religion, national origin, sexual orientation, age, or disability of any applicant.

NAGE Scholarship applications must be postmarked (or received if submitted electronically) no later than May 18, 2012. Scholarship recipients will be chosen in a random drawing at the June 2012 National Executive Board meeting; winners will be announced on this web site no later than one week after the June 2012 National Executive Board meeting.

Please visit www.NAGE.org for more details and an application.

The National Association of Government Employees (NAGE) continues to provide a Recruitment Bonus.  For each new member you recruit you will receive a $25.00 recruitment bonus.  If you refer a new member, please remind the newly recruited member to list the person who referred them on their NAGE R 3-19 application.  The recruitmant bonus is paid directly to the recruiter from NAGE National.

Many of our members have been following the VA Back Pay case.  Earlier this week the plaintiff's lead Counsel, Ira Lechner, sent out a mass email message providing an update status report .

In case you did not directly receive a copy of Mr Lechner's message, a copy is below.

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An update message on July 11, 2011 from Ira M. Lechner, Court Appointed Class Counsel who represents all claimants in the United States Court of Federal Claims in the case of Quimby et al. v. United States:

 

Dear Claimants: Here is the latest update with respect to the case which we won in the United States Court of Federal Claims.  As you know, the Judge ruled that since 1995 RNs are entitled to 25% Saturday premium pay whenever RNs used paid leave instead of working scheduled Saturday shifts; the Judge also ruled that Title 38 Hybrid employees are entitled to Saturday premium pay and night differential when they used paid leave instead of working a scheduled shift.

 

VA is still deciding whether to accept the Court's decision, or whether to appeal to the United States Court of Appeals for the Federal Circuit in Washington, D.C.  I suspect it will be a month or more until we hear the VA's decision. Back pay and interest is growing with each passing day.

 

In addition, last week I won a second decision from a different Federal Judge in the Court of Federal Claims in a case involving Nursing Assistants at the VA.  The Judge rejected all of the same VA's arguments on precisely the same issues that are involved in your case. I believe that this second opinion from another judge should help to persuade VA that it will lose if it appeals either decision.  An appeal will cost VA much more money in back pay, interest, attorney fees, and administrative fees as well as discourage so many of its skilled health care employees who have been waiting for years because an appeal could result in an additional year of unnecessary delay.  So many of you have expressed the belief that it is time to resolve this issue and move forward.

 

Please remain patient as I have always cautioned that these cases take a very long time to resolve. Please do not call or email me as there are over 60,000 claimants in this case and you can imagine how swamped I would be if many of you tried to reach me individually.  

 

I will be in touch with you as soon as I have additional news to report. Thank you for your patience and your continued support.

 

 

Ira Lechner

 

 

 

 

 

Can 12 hrs be beneficial to resident as well as to nurses?
 
This is the question that has been lingering around member’s minds at the Loch Raven/CLC (formally known as BRECC) site. For years nurses at this site struggled to keep up with their work load and having adequate numbers of staff available to provide care.    Like most Nurses, our members at this site are well dedicated providing excellent and outstanding care to our veterans.  There is no question in the minds of these professional nurses, about giving back with a deep sense of caring for those whom risk their lives through services to this great nation.  Nurses at this site face a day by day struggle to carry out the VA mission, facing many times the disappointment and frustration, low morale, and sense of powerless.  Since the opening of this facility, RNs on CLC1 were permitted the opportunity to work 12hr shift and until today they have kept it. Recently members working on CLC2 requested a trial implementation of the 12 hour tours.  In a combined effort NAGE members seek the support of their coworkers (nursing assistances, health technicians and LPNs). They created a signed list along with trial schedule with those wanting to work 12 hour tours. Interesting, NAGE was apprised that some of the first line supervisors were not opposed to the possibility of granting a trial period for the compressed work schedule.  More interesting was the fact of seeing a group of employees working together for a common goal and brief boost of morale while do so. On May 25th 2011 CLC/BRECC II Nursing Staff received an e-mail communication from management stating that 12hrs tours will not be available to them as per guidance from Nursing Administration.    During a staff meeting in June 8th 2011, the disheartening news was delivered to the CLC nursing staff, a trial period of 12 hour tours were being denied. Although multiple reasons, i.e. absenteeism, and staff vacancies, were given; NAGE believes that Nursing Administration truly has multiple misunderstandings and misconceptions regarding the value of a compressed work schedule.    Currently, there is one vacancy for a Registered Nurse and 4 Nursing Assistants. NAGE advocates for a trial period. A trial period would provide an opportunity for evaluation as opposed to operating under assumptions and speculation.  A trial period may boost morale, increasing the sense of ownership, and support the principles of shared governance.

 

May 6 marks the beginning of NURSES' Week.

It is often stated that Nurses are the backbone of the hospital. At NAGE, we know that not only are NURSES the backbone, they ARE the HEART and SOUL.

Just as NURSES' Week rapidly approaches, it will pass quickly --- Let us not forgot or take for granted the great value YOU do throughout the entire year, your career, and your lifetime.

In a recent conversation with NAGE National President, David Holway, about Nurses, he is quoted:

" Nurses deserve more recognition as healers. Ask anyone who’s ever had a great nurse or trusted a family member to the care of nurses. Their devotion to their patients and constant interaction with them is as vital to patient wellbeing as any prescription or procedure. During National Nurses Week, let’s thank the nurses who have cared for our loved ones and stand up for them the way they stand up for us".

NAGE takes honor in serving the NURSES of many of our nation's VA facilities.

NAGE Local R 3-19 is extremely proud to be an integral part of protecting the rights of the VAMHCS Nurses.

A couple of days ago Congress held hearings on pay and benefits of federal workers. NAGE was paying close attention to the hearing and the distorted picture it painted. President Holway has issued a statement on the hearing which addresses some of our concerns.

The following statement was issued by NAGE National President David J. Holway in response to the March 10 hearing by the House Subcommittee on Federal Workforce, U.S. Postal Service, and Labor Policy titled “Are Federal Employees Underpaid?”

"Studies presented by the Heritage Foundation, the American Enterprise Institute, and Republican members of the Subcommittee at the March 10 hearing repeated the false claim that federal workers are paid more than comparable workers in the private sector. These claims ignore the fact that in many cases federal workers are better educated and perform more complex jobs than their private sector counterparts. "

"Public researchers, doctors and nurses fighting disease, engineers, scientists, police officers at military installations and on our borders are all jobs vital to the public’s safety, health and welfare. The studies compare vitally important jobs such as these with private sector entry-level workers and arrive at a grossly distorted picture of federal compensation."

"The Bureau of Labor Statistics and OPM have been gathering pay data for decades. Their analysis compares private and government jobs with similar educational needs and levels of responsibilities. Comparisons of like jobs showed that federal workers are paid 22 percent less than workers in the private sector."

"The nation has dealt with high deficits and debt in the past. Yet, ultra-conservative think tanks, politicians and media are now using federal workers as a political punching bag by linking federal workers’ pay to the current budget deficit."

"NAGE recognizes the nation’s legitimate budget and deficit concerns. We welcome the opportunity to have an honest debate on workers’ pay and benefits. Unfortunately, the federal workforce, its pay, benefits, and size, have been the target of unjustified criticism based on misleading information. These dishonest political attacks on America’s federal employees do not advance the debate and serve our nation very poorly. NAGE stands ready to help create productive solutions to our nation’s problems."

There is no doubt about it; Federal workers are under attack. We have been wrongly vilified and the price you will pay will impact your pay, benefits, and rights as a worker. NAGE and federal workers everywhere, need to fight back.

HR 1 is the continuing resolution budget resolution needed to keep the government running. Congress is debating it now. There are quite a few amendments proposed for HR 1. The ones most directly impacting federal employees are outlined here. I’m listing the amendment number, what it would do, and who proposed it.
Amendment 185 would prohibit federal employees from using official time to collectively bargain. (Rep. Gingrey, GA 11)

Amendment 209 would also prohibit spending agency funds on official time for union officials. (Rep. Rokita, IN 4)

Amendment 210 would prohibit funding any federal pay above base pay (i.e. raises, step increases, premium pay, bonuses, and possibly locality pay). (Rep. Rokita, IN 4)

Amendment 569 would prohibit funding step increases. (Rep. Issa, CA 13)

These are obviously critically important issues facing thousands of our federal sector members. Keeping in mind the constraints of the Hatch Act, we encourage all of our members to contact their respective House member asking that they vote against these amendments. While it is important to call all members, We will need votes to defeat the amendments.

If members don’t know how to contact their House member they can use the following link to find them https://writerep.house.gov/writerep/welcome.shtml. You will need to enter their state and zip code to be directed to their Representative’s web site. You will be able to find telephone numbers or send an e-mail from there.

It is important that our members make voices heard. Their efforts will help NAGE, and our allies in and out of Congress, to fight for them.

NAGE Local R 3-19 expresses disappointment to President Obama’s announcement of a two-year pay freeze for civilian federal workers.

We understand the purpose of shared sacrifice. But federal employees and their families once again are being singled out. NAGE is disappointed to see civilian federal employees singled out in an effort to reduce the federal budget deficit. We understand that the budget deficit is very large, and that everyone has to do his part, but freezing civilian federal pay is the wrong way to address this problem. This action comes at a time when the federal government can ill afford to put recruitment and retention at risk. In fact, freezing or cutting pay sends the wrong signal to the best and brightest workers federal agencies will need in these difficult times.

The Office of Personnel Management reported in October that private-sector workers earn more than 24 percent more than federal employees in 2010, two percentage points higher than in 2009. The Society for Human Resource Management estimated in September that salaries in the United States would increase by an average of 2.91 percent in 2011.

Based on research by Mercer, a human resources consulting firm, from more than 1,100 mid-size and large employers across the United States, more than 98 percent of companies plan to award base pay increases in 2011. Only 2 percent of companies are planning across-the-board salary freezes next year.

In light of the growing number of critical challenges being shouldered by federal workers, the government cannot afford to make substantial reductions to the earned compensation of individuals who have dedicated their careers to public service. As expressed by NAGE National President David Holway, “NAGE has major concerns about what this will mean for federal services like caring for veterans, protecting our borders, and maintaining our military readiness. Over half the federal workforce is at or near retirement age, and NAGE fears we could reach a tipping point as a result of a pay freeze where federal employees start retiring in droves. A wave of federal employee retirements would cause a brain drain throughout the federal government. If thousands upon thousands of federal employees walk out the door in a short period of time, the American people will lose invaluable institutional knowledge that can never be replaced. This pay freeze could do irreparable harm to the functioning of the federal government.”

As Nurses on the front line of health care for the Nation’s Veterans, we serve a critical and crucial function to our Nation’s wounded warriors. As Nurses, we have seen firsthand the impact on those we serve when the resources at point of care decreases. NAGE Local R 3-19 believes the system is already stretched beyond our ability to provide safe quality care to those most so well deserving of such. As a VA Nurse most of us feel a sense of duty to serve the veterans and our country. Working for the VA is not about the money, as Nurses there is better salary paid outside of the VA. The President’s decision to freeze federal employees’ salaries has potentially far reaching consequences for the nation’s veterans. For those reason, we urge the president to reconsider this ill-advised decision.