February 2012

Discrimination Found in FDIC Awards Program
In January 2012, we received a very favorable decision from the arbitrator in our national discrimination grievance over the distribution of the FDICís Corporate Success Awards (CSAs) for contribution year 2004.

This is a long-fought battle with the FDIC that began when NTEU filed a grievance in 2005, alleging that the FDICís distribution of its Corporate Success Awards violated Title VII and the Age Discrimination in Employment Act. After a hearing in 2006, the arbitrator ruled against NTEU, and we filed exceptions with the FLRA. The FLRA ruled on our exceptions in December 2010, holding that the arbitrator had misapplied the law. The FLRA sent the matter back to the arbitrator to apply the law correctly, and we submitted a new round of briefs to the arbitrator in the fall of 2011.

This time around, the arbitrator ruled in NTEUís favor. On remand, the arbitrator held that NTEU had met its burden of proving that the FDIC discriminated against African Americans and employees age 40 and over in its distribution of the CSAs for contribution year 2004. The arbitrator also found that the FDIC had failed to prove the defenses that it had argued.

The FDIC filed exceptions to the arbitratorís decision on February 17, 2012. On February 27, NTEU filed a motion to dismiss the exceptions on the grounds that they are premature. NTEU will also file a full opposition to the exceptions in March.

While the road to victory has indeed been a long one, this is a significant win for FDIC employees.