Interim Agreement

Article 1: Notices, Representatives, Access

• Designates OPEIU Representatives and gives them access to IFES property for union meetings

• Designates Shop Stewards - more on this later

• Provides the IFES Staff Union the ability to hold Bargaining Unit (BU) meetings on IFES property (on non work hours)

• Guarantees union orientation for new staff

• Allows staff to use IFES equipment (in accordance with the HR Handbook) to attend bargaining sessions, negotiate our collective bargaining agreement (CBA), and service the IA

Article 2: Discipline and Discharge

• Discipline and discharge are subject to just cause.

• Requires HR to notify employees of their Weingarten Rights (right to union representation in any meeting that could lead to discipline)

• Provides a formalized progressive discipline process with the following steps:

  • Step 1: Counseling

  • Step 2: Verbal Warning

  • Step 3: Written Warning

  • Step 4: Performance Improvement Plan

Article 3: Grievance and Arbitration

• Provides formalized process for filing grievances

• Requires response from manager/HR (depending on step) within 10 business days

• Allows parties to utilize mediation to settle grievances

• Provides the ability to take grievances over discipline, discharge, or the terms of the IA to Arbitration

• Requires both parties (management and the union) to reopen negotiations on Article 3 in 6 months (to ensure the policy responds to staff needs)

Definitions and Frequently Asked Questions

What is a grievance?

A grievance is any dispute, complaint or controversy related to any discipline or termination issued by the Employer, working conditions, or any dispute between the parties involving interpretation or application of any provisions of this Interim Agreement 

What is arbitration?

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

What happens if HR does not notify me of my right to representation?

If HR fails to notify an employee of their right to union representation, any meeting held without said representation will be disregarded and the meeting will be rescheduled. Please note the union must notify HR of their intent to reschedule a meeting on these grounds within 10 business days so if this happens to you notify a shop steward right away!

When does the IA go into effect?

The IA is in effect as of June 20th, 2023

What if I have a dispute and would like to file a grievance based on something that happened prior to the implementation of the IA? What if I was recently issued discipline that does not align with the new progressive discipline process?

Reach out to a show steward or union representative to discuss what options may be available.

Can I use my IFES laptop to observe bargaining?

YES! Just make sure you do this on non-work time.

How long is the IA in effect?

The IA will be in effect until we finalize our full collective bargaining agreement.

What comes next?

Now that the IA is finalized the CBC has returned to negotiating articles for the full CBA - in the next few weeks we will be providing updates on what is outstanding, what proposals we plan to draft and introduce next, and how you can help with the process!

• The Interim Agreement included language regarding a "side letter" regarding Gina Chirillo, senior global gender specialist and union leader, who was unlawfully terminated in March 2023. While OPEIU and the IFES Staff Union had agreed to the language in the Interim Agreement, the Employer neglected to share the contents of the side letter, which was not agreed to by OPEIU or the IFES Staff Union. The side letter included a provision that predicated the withdrawal of Ms. Chirillo's unfair labor practice (ULP) as a condition of the Employer executing the Interim Agreement, which is not a legal position. The Employer also made withdrawing the ULP a condition of arbitrating Gina’s case, something that the Union had made clear since April that it would not do.
  
  

• On August 11, the Union informed the Employer: “While IFES and the Union have been engaged in discussions since March 2023 about processing the dispute over Ms. Chirillo’s termination through arbitration, to date the parties have been unable to reach agreement on such an arbitration process. In the meantime, the Union pursued the only reasonably available other remedy through the filing of an Unfair Labor Practice (ULP) charge with the NLRB. Because the timeline for processing ULP charges varies widely and it was unclear when the NLRB might return a finding on the matter, the parties were engaged in good faith discussions about an arbitration process.”
  
  “It is undisputed that attempts to reach agreement on an arbitration process have been unsuccessful, despite the parties’ discussions for roughly five months on the matter. Therefore, given that the NLRB has now notified the parties of its findings of merit on the allegations, the Union believes the matter can be resolved most expeditiously through the NLRB process. We hope and trust IFES agrees that reaching a speedy resolution to this now five-month dispute is in the interest of both parties, as many IFES staff (both bargaining unit and non-bargaining unit) are eager to see this high-profile termination matter resolved.”

• On August 18, the Employer informed the Union that if we did not agree to arbitrate Ms. Chirillo's case, the Employer would no longer be obligated to implement the Interim Agreement. Essentially, the Employer is trying to skirt the consequences of an unlawful termination (along with two other related charges) by holding the bargaining unit hostage by refusing to implement the protections the Union included in the Interim Agreement around the ability to file grievances and the requirement to arbitrate cases related to discipline and discharge. At the same time the Employer refused to execute the Interim Agreement, the Employer laid off bargaining unit staff.