internal revenue service national grievance ... - NTEU Chapter 48

INTERNAL REVENUE SERVICE NATIONAL GRIEVANCE/ARBITRATION AND FLRA 

ULP REPORT 

ISSUE/REMEDY 

6/9/2010 – National Grievance 

over the National Leave Bank 

Board 

Remedy – Cease and desist; 

return to the status quo ante; 

make whole all bargaining unit 

employees negatively 

impacted; post a notice of 

wrong doing. 


over the Failure to Invite NTEU 

to EEO Settlement Meetings 


immediately begin following 

the contractual provisions 

regarding EEO settlements. 

The IRS must provide NTEU 

with all EEO settlements 

entered into since the 2009 

National Agreement became 

effective; NTEU will review 

these contracts for compliance 

with the National Agreement, 

and the IRS must reverse any 

settlements which are not 

subsequently approved by 

NTEU. 

ASSIGNED 

STAFF 

MEMBER 

Christina 

Ballance 

(Current as of July 8, 2010) 

CURRENT STATUS 

• 6/29/2010 - Parties held grievance meeting; 

• Awaiting IRS answer, due 7/28/2010. 

IRS STAFF ASSIGNED, AND, IF INVOKED, 

ARBITRATOR 

IRS: Michelle Chandler 

Alexa Rukstele • 7/27/10 – Parties will hold grievance meeting. IRS: Eldridge Rice 

1 | P age 

Arbitrator: David Vaughn

ISSUE/REMEDY 

5/20/10 – ULP Over Breach of 

5/6/09 MOU Regarding the 

(TAS) Revisions to IRM 13.2, 

Processing Advocacy Issues 

Initiative 

Remedy – Return to the status 

quo ante; from this time 

forward, the IRS must follow 

the 5/6/09 MOU. 


Over the Inputting of Manual 

Refunds by TAS Case 

Advocates in non-Service 

Center TAS Offices 






wrong doing. 


Over the IRS’ Discipline of 

Employees for Failure to Use 

the Interactive Tax Law 

Assistant 






wrong doing. 


Alleging Unilateral 

Implementation of Retention 

Allowances 

Remedy – Bargain with NTEU 

over this initiative, and make 

whole any employees 

negatively impacted. 

ASSIGNED 

STAFF 

MEMBER 


Alexa Rukstele • FLRA Investigating – telephone interview 

scheduled for 7/14. 

2 | P age 


ARBITRATOR 

IRS: Jim Falcone 

Alexa Rukstele • 7/28/10 – Parties will hold grievance meeting. IRS: Dom Murgo 

Bryan Knowles • 6/28/10 - Parties held grievance meeting; 

Wendy Lucas 

Pisman 


• 5/26/2010 – Supplemental information request 

submitted to the IRS; 

• 6/18/2010 – Parties held grievance meeting; 

• Resolution to grievance meeting: the information 

requested by NTEU will be received by 7/18/10; at 

that point, NTEU will determine whether to invoke 

arbitration or schedule a second grievance 

Arbitrator: Jeanne Vonhof 

IRS: Bobbie Tosca 

Arbitrator: Joshua Javits 

IRS: Dom Murgo 


ISSUE/REMEDY 

5/10/10 – ULP Filed for Failure 

to Provide Information for 

Awards Data for the Years 

2004-2010 

Remedy – Provide NTEU with 

all data requested. 


Over the Denial of 

Occupational Flexiplace to 

Revenue Agent Reviewers 

Remedy – Comply with Article 

50 and permit RARs to work 

Occupational Flexiplace; other 

remedies as established by 

law. 

ASSIGNED 

STAFF 

MEMBER 

Wendy Lucas 

Pisman 

meeting. 


• 5/27/10 – FLRA conducted initial investigation; 

• 6/8/10 – IRS Office of Chief Counsel submitted a 

position paper; 

• 6/18/10 - IRS provided responses to NTEU’s 

information requests; NTEU advised the IRS that 

the information received was not complete because 

it did not include overall award ratings; 

• 6/30/10 –NTEU advised the FLRA that although the 

IRS provided NTEU with information, the 

information was not complete and therefore did not 

settle the Unfair Labor Practice NTEU filed against 

the IRS. 

Anna Gnadt • 5/11/10 – Parties held grievance meeting; the 

Parties agreed to a continuation of the grievance 

meeting; 

• 5/27/10 – Parties held a continuation of the 

grievance meeting; grievance meeting held open 

for further discussion. 

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ARBITRATOR 

IRS: Jenny Grabel 

IRS: David Krieg

ISSUE/REMEDY 

3/2/2010 – ULP Over 

Unilateral Implementation of 

Compliance Data Environment 

(CDE) in IRS SB/SE 



provide notice and bargain with 

NTEU; post a notice of wrong 

doing. 

11/2/09 – ULP Over Unilateral 

Implementation of Case 

Closing Letters in IRS SB/SE 

Collection Field function 





doing. 

8/10/09 – ULP over Unilateral 

Implementation of Electronic 

Offer in Compromise and 

Installment Agreements 





doing. 


Over IRS’s Failure to Comply 

with the Rehabilitation Act 

Remedy – Make whole all 

bargaining unit employees 

adversely affected by this 

practice. Set a goal of 

‘universal access’ for all new 

programs in order to ensure 

compliance with the 

Rehabilitation Act. 

ASSIGNED 

STAFF 

MEMBER 


4 | P age 


ARBITRATOR 

Anna Gnadt • FLRA investigating. IRS: Aaron Bennett 

Anna Gnadt • FLRA investigating. IRS: Jim Falcone 

Anna Gnadt • 9/15/09 - NTEU submitted witness and evidence 

list; 

• The FLRA investigated the grievance and issued a 

settlement offer; 

• The IRS issued a counter offer; 

• 7/1/2010 – NTEU contacted the IRS to discuss 

settlement options. 

Luke Chesek • 1/20/10 – Additional information requested; 

• 3/12/10 – Agency requested extension of time to 

respond to information requests; granted; 

• 5/11/10 – Agency requested an additional 

extension of time to respond to information 

requests; granted under agreement that grievance 

meeting would no longer be delayed; 

• Grievance meeting scheduled for the week of July 

IRS: Sharon Gibson-Allen 

IRS: Roxane Posada

ISSUE/REMEDY 

6/2/09 – Unilateral 

Implementation of ICS 

Windows in SB/SE 





doing. 

6/25/09 – A Challenge to the 

IRS Decision to Establish 

Multiple Career Ladders for the 

Same Positions 

Remedy – The IRS must bring 

all Revenue Agent career 

ladders into alignment. The 

IRS must then make whole all 


adversely impacted by the 

establishment of multiple 

career ladders. 

ASSIGNED 

STAFF 

MEMBER 

26, 2010. 


Anna Gnadt • 7/24/09 – Evidence and witness lists filed; 

• FLRA investigating. 

Luke Chesek • 3/8/10 – Parties held grievance meeting; 

• Information requests submitted following the 

grievance meeting; 

• The IRS failed to submit a timely answer following 

the grievance meeting; 

• 5/24/2010 – NTEU invoked arbitration; 

• 6/21/10 – The IRS responded to NTEU’s 

information requests; 

• 7/1/10 – NTEU contacted the IRS and Arbitrator 

Ross to finalize commitments for an October 1, 

2010 arbitration date; 

• 7/7/10 – The IRS requested a November arbitration 

date; the Arbitrator suggested November 9, 2010; 

NTEU agreed to the November date; the IRS is 

waiting for responses from their witnesses prior to 

agreeing to a November 9, 2010 date. 

5 | P age 


ARBITRATOR 

IRS: Jim Falcone 

IRS: Richard Weitsen 

Arbitrator: Jerome Ross

ISSUE/REMEDY 


Over Transhipment of Work 

From Andover, Kansas City, 

and Fresno Campuses to 

Other Campuses and TACs 




NTEU; and make whole all 


adversely impacted. 

8/6/08 – Denial of Laptop 

Computers to Employees who 

Would Otherwise be Able to 

Use Flexiplace or 

Telecommute 

Remedy- Provide laptops to 

those employees who had their 

laptops wrongfully replaced 

with desktops, and provide 

laptops to those denied 

through the loaner laptop 

program. 

6/25/08 – Increased Caseload 

of TAS Case Advocates 

Remedy – Begin bargaining; 

correct employee performance 

evaluations negatively 

impacted by increase; makewhole 

bargaining unit 

employees adversely 

impacted. 

09/10/2007 – Management’s 

Unilateral Change of 

Flexiplace and Campus 

Mailing Procedures 



post a notice of wrong doing. 

ASSIGNED 

STAFF 

MEMBER 


Raven Hall • 5/17/2010 – Parties held grievance meeting; NTEU 

agreed to provide the Agency with an extension for 

submitting an answer until NTEU could confirm or 

amend its grievance claim; 

Christina 

Ballance 

Alexa Rukstele 

Raven Hall 

• 6/21/2010 – NTEU advised the IRS that the 

grievance would not be amended, but would be 

pursued as is; 


• 6/29/2010 – The IRS submitted a settlement offer; 

• NTEU is drafting a counter proposal. 

• 3/15/10 – Briefs filed; 

• Awaiting Arbitrator’s decision. 

• 3/28/08 – Parties held grievance meeting; 

grievance denied; 

• Arbitration is scheduled for 9/21/10, pending the 

Parties’ approval. 

6 | P age 


ARBITRATOR 

IRS: David Krieg 

IRS: Michelle Chandler 

IRS: Tim Heinlein 


IRS: Rob Mirkov 


ISSUE/REMEDY 

2/8/07 – Administration of 

Discipline System in Violation 

of Civil Rights 

Remedy – Cease and desist 

from administering the system 

the way it currently does; 

provide monetary awards in 

accordance with Title VII. 

4/20/06 – Unlawful and 

Unilateral Implementation of a 

Policy Requiring Employees on 

Flexiplace to Flex within Their 

Assigned POD’s Commuting 

Area 

Remedy – Restore leave to 

those who, but for the denial of 

flexiplace, would have been 

able to avoid the leave and 

travel expenses; provide back 

pay to those employees denied 

promotions as a result of the 

policy. 

05/04/04 – IRS Office of 

Counsel Discrimination in 

Distribution of Awards (2004- 

06) 

Remedy – NTEU seeks a 

discontinuation of this unlawful, 

discriminatory employment 

practice and back pay for 

those employees adversely 

impacted by the employment 

practice. 

ASSIGNED 

STAFF 

MEMBER 


Anna Gnadt • 3/22/10 – Post-hearing briefs filed; 

Christina 

Ballance 

Wendy Lucas 

Pisman 

• Awaiting Arbitrator’s decision. 

• NTEU has returned this case to Arbitrator Ross for 

resolution and the parties have asked Arbitrator 

Ross to schedule the arbitration for dates in 

September, 2010. 

• 9/9/04 - NTEU filed a grievance alleging 

discrimination in the way in which the IRS Office of 

Chief Counsel distributes awards. 

• NTEU filed a motion to compel with Arbitrator 

Gootnick which resulted in a split decision ordering 

Counsel to provide some information (but not all of 

the information NTEU requested); 

• 1/25/10 - A revised 7114/FOIA request was filed 

requesting information for the award years in 

question; 

• 6/18/10 – The IRS submitted the information 

requested, but did not include overall performance 

ratings; 

• NTEU’s review of the data showed that in one of 

7 | P age 


ARBITRATOR 

IRS: Eileen Collins and Greg Prophet 


IRS: Mark Krull and Jeff Morris 

Arbitrator: Jerome Ross 

IRS: Julie Barry 

Arbitrator: Margery Gootnick

ISSUE/REMEDY 

09/05/06 – Failure to Provide 

Sign Language Interpreters for 

Impaired Hearing Employees 

Remedy – NTEU requests 

compliance with the 

requirements of law and 

contract; as well as to make 

whole all bargaining unit 

employees for harm suffered, 

including compensatory 

damages. 

7/13/06 – Dues Withholding 

and Statutory Violations – No 

Longer Requiring an 1188 To 

Contain the Signature of a 

Chapter Leader 

Remedy – Return to the status 

quo ante and bargain with 

NTEU; reimburse all dues lost 

on account of the Agency’s 

illegal actions; post a notice of 

wrong doing. 

6/28/06 – Discrimination 

Against Bilingual Hispanic 

Employees by Failing to 

Provide Supplemental 

Payment for Utilizing Bilingual 

Skills While On the Job 

Remedy – Back pay. 

ASSIGNED 

STAFF 

MEMBER 

Gretchen 

Paulig (Austin 

Field Office) 


the years provided, the IRS issued referral awards 

to four bargaining unit employees. Referral awards 

are not defined in either the CCDM or the Contract 

between the Parties; 

• 7/1/10 – NTEU requested additional information 

with regards to the referral awards, as well as the 

overall award ratings. 

8 | P age 


ARBITRATOR 

• Settlement is being discussed. IRS: David Krieg 

Ken Moffett • Arbitrator Vaughn’s ruling denied NTEU the remedy 

it sought; NTEU filed exceptions with the FLRA; 

Ken Moffett 

• 5/28/2010 – The FLRA issued an adverse decision; 

• NTEU is deciding whether to appeal the decision to 

Federal Court. 

Arbitrator: David Vaughn 

IRS: Julie Barry 


• Waiting approval of settlement. IRS: Mark Wines

THE FOLLOWING 

CASES ARE AWAITING 

FLRA DECISION AS 

INDICATED: 

ISSUE/REMEDY 

Termination of Partnering- 

Assignment to Work teams, 

notice of formal meetings, 

etc. – Were these conditions of 

the National Agreement and 

partnering agreements 

terminated without proper 

negotiations? 

Remedy- Reinstatement of all 

negotiable prior practices 

and/or provisions. 

Embedded Quality Program 

for Accounts Management 

and Compliance Services – 

Did the IRS violate law and 

contract when it unilaterally 

implemented this program? 

Remedy – 

The IRS should stop this 

implementation until bargaining 

is complete and undo any 

harm done employees in the 

interim. 

Wage & Investment 

Reduction of Inventory days 

at Call Sites 

Remedy - NTEU seeks an 

order directing the IRS to: 1) 

immediately cease proceeding 

ASSIGNED 

STAFF 

MEMBER 

Ken Moffett 

Ken 

Moffett/Kevin 

Fagan 


• Arbitrator ruled in favor of NTEU, IRS filed 

exceptions with the FLRA; 

• Awaiting FLRA decision. 

• Adverse decision from arbitrator, NTEU filed 



Raven Hall • Arbitrator ruled in favor of NTEU, IRS filed 



9 | P age 

IRS STAFF ASSIGNED, OR, IF INVOKED, 

ARBITRATOR AND HEARING DATE 

Arbitrator: Roger Abrams 

May 11, 2007 

Arbitrator: Jerome Ross 

February 22, 2007 


February 1, 2007

with implementation of the 

initiative until it fulfills its 

bargaining obligation; 2) post a 

notice in an appropriate place 

that the Agency has violated 

the law and the parties’ 

agreements; 3) pay reasonable 

attorneys’ fees; and 4) provide 

any other remedy deemed 

appropriate. 

10 | P age

internal revenue service national grievance ... - NTEU Chapter 48

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