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NTEU Chapter 172 Concerns

NTEU Chapter 172 believes that everyone should be able to make their own decisions regarding their health.

The president's fact sheet says " anyone who does not attest to being fully vaccinated will be required to wear a mask on the job no matter their geographical location, physically distance from all other employees and visitors, comply with a weekly or twice weekly screening testing requirement, and be subject to restrictions on official travel."


In regard to "physically distance from all other employees and visitors";

  • How are we able to physically distance in our job when this is a face-to-face job? Primary booths are not 6ft apart. Computer workstations are side by side. If we say that we can't work because the computers are too close, will we be disciplined (actual reprisal) for it?

  • How will we be able to go to range if we can't physically distance?

  • What about transports when we must drive to other terminals? We can't go on transport if we’re not vaccinated.

  • What if we’re assigned to work the cell? We can't physically distance from detainees.

  • The interview rooms in SIU are not big enough to physically distance. How can we do this without violating the Presidential announcement?

  • If we cannot do our core functions to this Presidential announcement, can we telework?

  • If management wants us to violate the Presidential announcement, wouldn't that make them in violation of the contract (Article 7, Section 2 H)? Which states Section 2. In accordance with 5 U.S.C. § 2302, the Employer shall not

H. Take or fail to take or threaten to take or fail to take a personnel action with respect to any employee or applicant for employment as reprisal for: (1) A disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences: (a) A violation of any law, rule, or regulation; or

So that would mean if they threatened to discipline me. This means I have to report this violation to the JIC and go under whistleblower protections for fear of reprisal.

In regard to "comply with a weekly or twice weekly screening testing requirement";

  1. How many tests are exactly required? 1 or 2?

  2. How is this going to be paid for?

  3. Is this going to be done on official time? Will we need to put in an OT ticket if we have to go on our own time.

  4. Who is going to regulate this requirement? Is this management? How are they going to regulate it?

  5. What kind of testing will be required to do? Nasal or something else?

  6. Is there going to be a medical professional that tests us on site?

  7. What if an employee receives damage from the frequent swab tests? Should a CA1 be filed?

  8. How will positive tests be treated? Do we stay at home or required to take sick leave?

  9. Is management keeping track of our weekly results or storing it in a database? What are the protections for privacy? Also, would not those records be subject to FOIA requests?

In regard to "be subject to restrictions on official travel";

  1. Will we be restricted from being ordered to a border TDY or volunteer for TDY?

  2. Will we be restricted from attending academy training or any other training?

Other questions:

  1. Are there any considerations for religious, medical, cultural, racial, or ethic vaccine refusal grounds?

  2. Is the refusal to take the vaccine a possible cause for a termination proposal?

  3. What if we already had Covid?

  4. What if we are pregnant?

  5. What if we are already 100% masked at work?

 

Of course, many of us have already been vaccinated, but each employee should be allowed to make their own decision on the disclosure of their vaccination status.

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