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January 26, 2022
Update on National Grievance Regarding Hazardous/Environmental Differential Pay
Updated On: Jan 04, 2022

            SUMMARY: Updated information is provided regarding the status of NTEU’s national grievance concerning CBP’s refusal to pay Hazardous Duty Pay or Environmental Differential Pay to eligible employees.

As you know, NTEU filed a national grievance concerning CBP’s decision to not pay either Hazardous Duty Pay or Environmental Differential Pay to those employees that are exposed to COVID-19 because of their work for CBP. Following CBP’s denial of the grievance and the arbitrator’s favorable decision denying CBP’s motion to stay an arbitration hearing on the matter, the Parties held that hearing on September 1, 2, 3, and 20, 2021. Following the submission of post-hearing briefs on November 4, 2021, the Parties requested that the arbitrator issue a decision as quickly as possible and preferably by the end of 2021. 

NTEU recently learned that a decision from the arbitrator is likely to be issued in late January 2022 or early February 2022. Although we all hoped for a decision by now, the delay is understandable given the legal and factual complexity of the case, the extent of testimony, and volumes of exhibits presented at the hearing. As soon as I receive a decision from the arbitrator or any further status updates, I will share that information with you.  


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