NG-4/21/17 (Community Care Contracting Out): Settlement
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August 10, 2020On April 21, 2017, NVAC filed a National Grievance against the Agency regarding the contracting out of bargaining unit work. In sum, without satisfying its bargaining obligations with NVAC, the Office of Delivery Operations within the Office of Community Care converted bargaining unit work to contractor performance. This violates our contract and constitutes an unfair labor practice. On July 13, 2020, the Parties signed the attached Settlement Agreement. The Agency admitted that it failed to provide NVAC with notice and an opportunity to bargain prior to contracting out bargaining unit work to a private company, Signature Performance, Inc. The Agency also agreed to distribute an electronic notice posting to affected bargaining unit employees. The posting was distributed by email on July 31, 2020.
On April 21, 2017, NVAC filed a National Grievance against the Agency regarding the contracting out of bargaining unit work. In sum, without satisfying its bargaining obligations with NVAC, the Office of Delivery Operations within the Office of Community Care converted bargaining unit work to contractor performance. This violates our contract and constitutes an unfair labor practice.
On July 13, 2020, the Parties signed the attached Settlement Agreement. The Agency admitted that it failed to provide NVAC with notice and an opportunity to bargain prior to contracting out bargaining unit work to a private company, Signature Performance, Inc. The Agency also agreed to distribute an electronic notice posting to affected bargaining unit employees. The posting was distributed by email on July 31, 2020.
SETTLEMENT AGREEMENT
Between
U.S. DEPARTMENT OF VETERANS AFFAIRS
And
NATIONAL VETERANS AFFAIRS COUNCIL,
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
National Grievance, NG-4/21/17
VA Central Business Office – Contracting Out
I. Introduction
The American Federation of Government Employees, AFL-CIO, National Veterans Affairs Council (“the Union”) and the Department of Veterans Affairs (“VA” or “the Agency”) (collectively referred to as “the Parties”) hereby agree to settle all disputes arising out of the Union’s National Grievance, dated April 21, 2017 (“NG-4/21/17”), regarding the Agency’s decision to contract out work in the VA Chief Business Office, which has since been reorganized as the Office of Delivery Operations within the Office of Community Care (“VAODO”). Specifically, this Agreement arises from the Agency’s contract with Signature Performance, Inc. to provide claims processing support to VA-ODO under contract number VA791-14-D-0028.
II. Terms of the Settlement
A. The Agency did not notify the Union and provide it with an opportunity to bargain prior to contracting out the above-referenced work.
B. The Agency agrees to distribute the attached remedial notice posting within thirty (30) calendar days. The posting will be distributed by email to all AFGE bargaining unit employees serving as Claims and Voucher Examiners within VA-ODO. The Agency will also distribute a copy of the posting to the undersigned representatives.
C. The Agency agrees to fully comply with applicable laws, rules, regulations, and collective bargaining agreements concerning the contracting out of work.
D. The Union agrees to voluntarily waive any and all actions, claims, complaints, lawsuits, grievances, appeals, or proceedings of whatever nature arising from the underlying facts and circumstances that form the basis of NG-4/21/17, with the exception of any grievances that may arise by reason of breach of any term of this Agreement.
III. Stipulations
A. The Parties have entered into this Agreement freely and voluntarily.
B. The obligations of the Parties, identified above, constitute consideration sufficient to render this Agreement enforceable by either party.
C. Either party may submit the Agreement as evidence of waiver of any and all actions, claims, complaints, grievances, appeals, or proceedings of whatever nature arising out of the underlying facts and circumstances that form the basis of NG-4/21/17.
D. This Agreement constitutes a joint effort by the Parties and should not be construed against either party.
NOTICE TO ALL EMPLOYEES
POSTED PURSUANT TO A SETTLEMENT AGREEMENT
EXECUTED BETWEEN THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, AND THE
U.S. DEPARTMENT OF VETERANS AFFAIRS
This notice resolves a National Grievance filed by AFGE/NVAC against the U.S. Department of Veterans Affairs concerning the Agency’s decision to contract out work in the VA Office of Delivery Operations, Office of Community Care. You are receiving this email because you may have been affected by this issue.
No further action is required by local union officials or local management. In the future, the Agency agrees to fulfil its obligation to provide notice and an opportunity to bargain to the Union concerning changes in conditions of employment arising from its decision to contract out work.
Please do not reply to this email. If you have any questions about this notification, please contact your local AFGE representative.
The Agency will not interfere with, restrain, or coerce employees, or their designated representatives, in the exercise of rights assured by law.
