NEWS RELEASE

National

Treasury

Employees NTEU Chapter 44 433 N. Summit St Rm 220, Toledo, Ohio 43604

Union (419) 213-5170 www.bright.net/~nteu44/index.html

CHAPTER 44

For Immediate Release Contact: Don Pfouts (419) 213-5170

September 30, 2005

Chapter 44 Wins Job Back Through Arbitration Decision

Toledo, Ohio— It’s not as if it was unexpected, it just took longer than we would have liked. Chapter 44 has prevailed in an arbitration case and won back the job of an IRS Employee who has been out of work for months. The arbitrator’s decision orders IRS to “promptly reinstate Grievant to his former position with no loss of seniority.”

NTEU Staff attorney Thomas Coates presented the Employee’s case in this arbitration, which was prepared by Mr. Coates and Don Pfouts, Chapter 44 President. Larry Kerstiens, Chapter 44 Vice President and Steward, also provided assistance with this case.

NTEU argued that in removing Grievant, the IRS relied upon guidelines that were inapplicable to the situation, and the arbitrator agreed, stating in the decision, “(the IRS Executive) is not shown to have the authority to impose her own interpretations of rules”. NTEU also argued that IRS Management, while obligated to consider mitigating circumstances (these “Douglas Factors” are listed in your union contract), did not do so. The arbitrator again agreed with NTEU, stating in her decision that “I find (IRS Executive)'s consideration of certain of the Douglas factors to be seriously at fault.”

The arbitrator continued, “I conclude (IRS Executive)'s account of her consideration of (several) Factors exaggerated, mis-stated or disregarded important aspects of the case. (Other) Factors ... should weigh heavily in favor of imposing an alternative to removal, but (IRS Executive) rejected their significance. (IRS Executive)'s application of the Douglas factors violated Grievant's Article 39 rights.”

NTEU further argued that an important allegation made by IRS Management was not only false but also totally unsubstantiated. Again, the arbitrator agreed with NTEU, stating in her decision that, “the tenuous and unsubstantiated nature of this assertion makes it entirely inappropriate as a basis to ignore an alternative to removal.”

This was a lengthy and time-consuming case for Chapter 44, yet we were eager to see the process through to right the injustice that had been done. You can be assured that NTEU, both locally and nationally, is prepared and equipped to defend your rights as an IRS employee.