The Capital Area Council of Federal Employees, Council 26, American Federation of State, County & Municipal Employees, AFL-CIO (“AFSCME Council 26″) hereby submits this brief, by and through counsel, pursuant to the Notice and Invitation issued January 24, 2005, regarding procedures, frameworks and standards to be applied in cases alleging reprisal and intimidation under section 207 of the Congressional Accountability Act, 2 U.S.C.1317(a) (“CAA”). Council 26 believes that the standards for reprisal and intimidation cases under the CAA should be as simple and employee-friendly as possible, in order to effectuate the intent and purposes of the Act and to discourage illegal reprisal and intimidation by employers.
I. STATEMENT OF INTEREST
AFSCME Council 26 is the exclusive representative of approximately 400 employees of the Architect of the Capitol who are covered by the Congressional Accountability Act. It has represented these employees in a wide variety of cases under the Act since 1997, both before the OOC and in federal court, including equal pay, race, gender and disability discrimination cases, and reprisal and intimidation cases, as well as collective bargaining negotiations, unfair labor practice cases, negotiability appeals, and health and safety cases. Among the cases it has successfully litigated are Harris et al. v. Architect of the Capitol (D.D.C. 2002), and Johnson v. Architect of the Capitol, _ F.3d (Fed. Cir. 2004). It also represents two bargaining units at the Library of Congress, who often raise safety and health complaints with the General Counsel of the OOC, and occasional experience reprisal for raising those complaints.
It is very common for our members, officers and stewards to experience reprisal and intimidation for their involvement in these cases, whether based on discrimination, anti-union animus or some combination of both. For example, Local officers have often been disciplined and reprimanded for raising complaints about safety, short staffing, pay discrimination and unfair labor practices by the Architect over the years.
