GAO ANALYSTS NEWS CENTER: 1/29/10 Special Union News - January 29, 2010
Union and Management Plan to Go to Personnel Appeals Board (PAB) to Resolve Performance-Based Compensation (PBC) Pay

The GAO Union and GAO management have not reached agreement on Performance Based Compensation (PBC) pay, so as a result, both parties will ask the Personnel Appeals Board (PAB) to help resolve the disagreement. We believe that management did not provide an adequate PBC level that recognizes the extraordinary contributions of GAO Analysts and staff, and which is within GAO’s available budget. The Union Assembly unanimously voted to go to the PAB in order to seek a fairer PBC and to preserve the ability of current and future GAO analysts to have a relevant, independent voice. While this process could take some time, when PBC is determined, it will be paid retroactively to January 3, 2010.

The difference between management’s standing offer of a 2.2% PBC budget factor and those of the past two years is significant. But more importantly, management has not been willing to work with GAO employees to reach a fair agreement. In December, management proposed going to the PAB, but the Union instead suggested mediation as a possible solution, to which management agreed. During mediation, which was held on January 26 and 27, management refused to move from their prior position, even though the Union negotiating team demonstrated a willingness to negotiate our position further and come to an agreement.

* GAO management assured the Union that their refusal to further negotiate PBC is not due to budgetary reasons. GAO management has stated that, in addition, it could also increase pay to non-analyst staff as a result of further negotiations with the GAO Union—which we support.
* GAO management proposed a higher level of performance pay for 2010 than last year to the Congress. Budget documents that GAO provided to our appropriations committees showed that GAO intended to spend more money on PBC merit-based increases in FY 2010 than in FY 2009.
* The Union negotiating team continues to highlight the extraordinary performance of GAO employees during FY 2009 as a basis for determining the appropriate PBC budget factor. In addition to noting that GAO met or exceeded our agency-wide performance measures, we have stressed the contributions of the many GAO employees who were involved in unprecedented and extremely demanding oversight efforts of ARRA and TARP, and other employees who continued to carry out the high profile and challenging “regular” workload of the agency.
* GAO management stated that negotiations were at an impasse on December 22, 2009, and then set PBC pay the for non-analyst GAO staff. Management’s action to determine PBC pay for non-analyst GAO staff just after pay negotiations began is, in our opinion, not in the spirit of working collaboratively with employees.

GAO management has argued that higher PBC performance pay is not appropriate in these dire economic times. However, the portion of pay reflecting the economy — the across-the-board pay adjustment — has already been negotiated and ratified for FY 2010. This across-the-board pay adjustment agreed with the President and Congress’ assessment of an appropriate annual adjustment that is substantially lower than prior years, and reflected all economic factors.

The next step is to go to the Personnel Appeals Board (PAB), which has a multi-step process for resolving such issues, which may include arbitration. The Union negotiating team and the Union Assembly would have preferred to have come to a negotiated agreement with Management as we have done in past years, but we are confident that we can provide a compelling case to the PAB.