Section 1: Annual Base Pay Increase - Home - NTEU Chapter 335



COMPENSATIONSection 1: Annual Base Pay IncreaseAll eligible bargaining unit employees will receive merit pay increases in the following manner: Effective Pay Period (PP) 1 in 2021, the Bureau will provide bargaining unit employees with an increase in base pay of 1.9 2.5 3.5% of their base pay as of September 30, 2020. Effective Pay Period 1 in 2022, the Bureau will provide bargaining unit employees with an increase in base pay of 2.1 2.5 3.5% of their base pay as of September 30, 2021. Effective Pay Period 1 in 2023, the Bureau will provide bargaining unit employees with an increase in base pay of 2.3 2.5 3.5% of their base pay as of September 30, 2022. The merit increase will be calculated using the individual’s base salary of record as of September 30 of the relevant performance year and will be added to the employee’s base salary of PP26 of that year to be effective on PP1 of the following year. Employees will not receive salary increases that take their salaries above the maximum of the pay band. Any amount in excess of the pay band max will be paid out in a one-time lump sum payment, reported on a W-2. Eligibility Criteria:Employees must have a rating of record of “accomplished performer” or equivalent. An employee who is placed on a Performance Improvement Plan (PIP) less than 90 days before the close of the appraisal period, but successfully completes the PIP and receives a rating of record of “accomplished performer” or equivalent, will be eligible for a merit increase upon successful completion of the PIP. Employees must have an entrance on duty date of June 30, 2020 (or earlier) to receive a 2021 merit increase.Employees must have an entry on duty date of June 30, 2021 (or earlier) to receive a 2022 merit increase. Employees must have an entry on duty date of June 30, 2022 (or earlier) to receive a 2023 merit increase.The employer has determined that a Union representative will receive an annual appraisal provided the Union representative has worked enough time to be rated, i.e., performed at least 120 hours of ratable work based on assigned duties included in their position description. Employees who do not receive a rating of record as a result of their duties representing NTEU will not be provided a merit increase. Section 2: Lump Sum PaymentsEffective Pay Period 1, 2021 the Bureau will provide all eligible bargaining unit employees who receive a performance rating of “accomplished performer” with a lump sum payment equal to 3% of their total salary as of September 30, 2020. Effective Pay Period 1, 2022, the Bureau will provide all eligible bargaining unit employees who receive a performance rating of “accomplished performer” with a lump sum payment equal to 3% of their total salary as of September 30, 2021. Effective Pay Period 1, 2023, the Bureau will provide all eligible bargaining unit employees who receive a performance rating of “accomplished performer” with a lump sum payment equal to 3% of their total salary as of September 30, 2022. Each employee will receive this lump sum payment as a percentage of his/her salary in accordance with the eligibility criteria outlined in Section 1 and the guidelines outlined below. Lump Sum Guidelines:Lump sum awards are prorated by month based on the employee’s start date during the performance year. Lump sum awards are prorated for LWOP, part-time, and intermittent employees.Employees in LWOP status for more than 80 hours in the applicable performance year for any discretionary reason other than medical reasons or parental leave used in connection with the birth or placement of a child are eligible for a full merit increase and a pro rata supplemental lump sum award based on the number of LWOP hours in excess of 80 hours during the applicable performance year. The supplemental lump sum will be prorated for part-time or intermittent employees based on the scheduled number of hours in each pay period relative to 80 hours.Employees must be employed by CFPB on the effective date of the lump sum payment in order to receive it.Proration Schedule:Proration Schedule for Supplemental Lump SumStarting MonthDayPerformance CreditProrationOctoberAny Day12 Months100%NovemberAny Day11 months92%DecemberAny Day10 months83%JanuaryAny Day9 months75%FebruaryAny Day8 months67%MarchAny Day7 months58%AprilAny Day6 months50%MayAny Day5 months42%JuneAny Day4 months33%JulyAny DayNot EligibleNot EligibleAugustAny DayNot EligibleNot EligibleSeptemberAny DayNot EligibleNot EligibleSection 3: Locality Pay Rates CFPB will continue to use the Locality Pay Areas (LPAs) defined by the Office of Personnel Management (OPM) in order to determine the LPA an employee should be assigned to and, therefore, the employee’s locality percentage rate. Beginning PP 1 of 2021, and in each subsequent year that this Agreement remains in effect, the locality percentage rate for each locality pay area will be determined as follows, using data on private sector pay and locality pay gaps determined by the Bureau of Labor Statistics for use in the federal locality pay program: CFPB Target Rates for Locality Pay will be set based on the rates identified in the chart in subsection C below. In addition, the CFPB Target Rates in the chart in subsection C below will be increased each year (beginning in 2021) by the increase in the locality pay rate for that area (LPA) provided to employees under the General Schedule (GS). Changes to the locality pay rate for each LPA will be made annually as follows In 2021 the locality pay rate will increase by the difference between the CFPB target rate identified in the chart and the current CFPB locality pay rate, up to 4.50%.In 2022 the locality pay rate will increase by the difference between the CFPB target rate and the 2021 CFPB locality pay rate, up to 4.0%.In 2023 the locality pay rate will increase by the difference between the CFPB target rate and the 2022 CFPB locality pay rate, up to 3.5%. There will be no phase-in of San Diego. The full target rate will be put into effect starting 2021.Once a locality area achieves the target locality rate, each locality pay area’s rate will continue to increase by the annual increase to the corresponding locality area’s rate for employees on the General Schedule (GS). In no case will the annual increase for any LPA be less than the increase in GS locality pay for the corresponding area. Locality Pay rates will not be reduced below the rates provided for in the prior year. When the boundaries of a LPA are redefined by the PPA, then employees within the new boundaries will receive the rate applicable for that redefined LPA. Changes to locality pay rates (LOC%) for newly established LPAs or LPAs where CFPB employees have not previously been assigned will be made as follows: Compare the “GS target gap” (currently identified as the “disparity to close”) from the most recent Annual Report of the President’s Pay Agent (PPA) for the “Rest of U.S. (RUS)” LPA to the target gap for the Washington, D.C. LPA to determine the relative difference between the Washington, D.C. target rate and the RUS locality target rate Example:(1 + DC GS target gap)/ (1 + RUS GS target gap)(1.7854)/ (1.273) = 1.4025 Compare the GS target gap for the new area to the target gap for RUS to determine the relative difference: Example:Atlanta: (1 + Atlanta GS target gap)/ (1 +RUS target gap)(1.4373)/ (1.273) = 1.1291 Compare the relative difference between the gap between RUS and DC and the gap between RUS and the new city. Example:Atlanta:(Relative difference between RUS and Atlanta)/ (Relative difference between RUS and DC)(.1291)/ (.4025) = .3207 For Atlanta, the CFPB target rate would be set by adding .3207 (32.07%) of the difference between the RUS target locality pay rate (3.5%) and the DC target locality pay rate (22.26%) to the RUS rate: ((.3207) x (18.76)) + 3.56.016 + 3.5 = 9.52% CFPB Locality Rates:CFPB Duty StationCurrent CFPB RateTarget Rate*2021 Rate*2022 Rate*Atlanta, GA3%9.52%7.50%9.52%Boston, MA18%24.63%22.50%24.63%Charlotte, NC3%9.75%7.50%9.75%Chicago, IL13%15.12%15.12%15.12%Cincinnati, OH3%6.23%6.23%6.23%Cleveland, OH3%6.76%6.76%6.76%Columbus, OH3%9.23%7.50%9.23%Dallas, TX8%14.40%12.50%14.40%Denver, CO8%16.10%12.50%16.10%Southfield, MI13%15.07%15.07%15.07%Hartford, CT8%13.78%12.50%13.78%Houston, TX8%17.54%12.50%16.50%Indianapolis, IN3%5.02%5.02%5.02%Kansas City, KS3%7.77%7.50%7.77%Los Angeles, CA23%25.84%25.84%25.84%Miami, FL13%14.87%14.87%14.87%Milwaukee, WI8%9.82%9.82%9.82%Minneapolis, MN8%14.24%12.50%14.24%New York, NY33%39.85%37.5%39.85%Trevose, PA (Philadelphia)13%15.45%15.45%15.45%Pittsburgh, PA3%8.84%7.5%8.84%Portland, OR3%11.55%7.5%11.50%Phoenix, AZ8%8.83%8.83%8.83%Raleigh, NC3%8.55%7.50%8.55%Richmond, VA3%9.42%7.50%9.42%Sacramento, CA8%15.05%12.50%15.05%San Diego, CA13%25.89%25.89%25.89%San Francisco, CA (San Jose)33%40.16%37.5%40.16%Seattle, WA18%20.91%20.91%20.91%Washington, DC18%22.26%22.26%22.26%RUS-Rest of US3%3.5%3.50%3.50%Alaska3%5.70%5.70%5.70%Buffalo, NY3%8.91%7.50%8.91%Dayton, OH3%9.27%7.50%9.27%Hawaii3%9.48%7.50%9.48%Huntsville, AL3%11.01%7.50%11.01%Las Vegas, NV3%9.72%7.50%9.72%*NOTE: CFPB Target Rates and actual CFPB locality rates for each year will be adjusted to reflect increases in GS locality pay rates for each area, as provided under subsection B.1, above.Section 4: BenefitsThe Bureau will offer the current Federal government-sponsored and agency specific benefits including those listed below and will contribute a portion of the premiums to the extent required by law or regulation, except as modified by the terms of this section:Retirement Benefits;Thrift Savings Plan;Federal Reserve System Thrift Plan;Federal Employees Health Benefits (FEHB);Domestic Partner Health Insurance Subsidy;CFPB Dental and Vision Plan;Federal Employees Dental and Vision Insurance Program (FEDVIP);Flexible Spending Account (FSA);CFPB and FEGLI Life Insurance Programs;Death in Service Benefits in accordance with OPM requirements;Long Term Disability;Short Term Disability;Federal Long Term Care Insurance Program;24-Hour Personal Accident Insurance;Business Travel Accident Insurance; Physical Exam Program; andWorkLife services including Employee Assistance Program and emergency back-up dependent care. Beginning the next administratively available Pay Period of 2021, the Bureau shall provide an additional subsidy to the employee’s share of the FEHB premium (up to the maximum amount of the employee’s share) not to exceed $70 75 per pay period.The Bureau will continue to provide eligible employees with a $1,000 taxable cash payment effective pay period 1 of each year. For new eligible employees, the taxable cash payment will be deposited into the employee’s account within 30 days of the employee’s start date. An employee is eligible for this benefit if they meet the following criteria:On a career appointment for more than one year;Either on a full-time work schedule or a part-time work schedule of at least 30 hours per week; and Earns $130,000 125,000 (base salary with locality) or less per year. D. Pilot Student Loan Repayment Program 1. The Bureau will establish a pilot Student Loan Repayment Program for 2021, funded with a budget of $500,0001,600,000 for bargaining unit employees. All eligible employees with qualifying loans will receive an equal (pro rata) share (up to the balance of their loans) of the available funds.2. The procedures concerning this program will be developed within 60 days following the effective date of this agreement.3. The Parties will collect and share information on employee participation during this pilot period.4.. No later than November 1, 2021, the parties will commence bargaining on whether to continue or expand the pilot program for the duration of the Agreement. Section 5: Pay Setting for Promotions Prior to Bureau-wide Salary Reset Upon promotion, an employee’s salary will be set at an appropriate level within the pay band to which he/she has been promoted that is 8.5% above the employee’s prior salary. The resulting salary for any type of promotional increase may also not be less than the pay band minimum or more than the pay band maximum. As a general rule, CFPB sets pay for promotions as follows: Effective Pay Period 1 of 2021, single pay band promotional increase: Up to 8.5% of employee’s base salary depending upon the employee’s current salary and the salaries of comparable peers as determined by OHC. In unique circumstances, amounts in excess of an 8.5% promotional increase may be considered when it is determined by OHC that the 8.5% increase would result in a salary that is significantly lower than the salary levels of existing employees in similar roles with comparable years of experience.Following the Bureau-wide salary reset, all pay for promotions will be set using the pay matrix as identified in Attachment B. Section 6: Pay Band increase prior to Bureau-wide Salary Reset Effective PP 1, In 2021, the Bureau will raise the minimum and maximum pay rates of each pay band at a rate of 0.5% 1.25%.Effective PP 1, 2021, the CFPB will increase the salary cap(s) to $255,000.Section 7: Pay Band Structure Following Bureau-wide Salary ResetPay band ranges for employees in pay bands CN-53 and below will be adjusted and set at the rates shown in Attachment A as soon as practicable after salaries for employees in those pay bands have been determined.The Bureau will adjust the minimum and maximum pay rates of each pay band that has been adjusted by the salary review and reset process annually at a rate of 2 percentage points less than the merit increase percentage (assumes no negative pay band structure adjustments).Effective PP 1, 2022, the CFPB will implement revised pay bands, included as Appendix A.Effective PP 1 of each succeeding year of this Agreement, the CFPB will increase the minimum and maximum amounts for each pay band and the salary cap(s) by 2% less than merit. Section 8: Pay Setting Process for Bureau-wide Salary Reset and Subsequent Pay SettingsThe Bureau will use the Pay Matrix tool included in Attachment B to set salaries for new hires, for promotions to bargaining unit positions, and during a Bureau-wide salary reset, which is expected to take place during calendar year 2021.The Bureau will use only the following as pay-setting factors: (1) direct experience at level and (2) indirect experience. The Bureau will no longer rely on “comparable peers” to determine salaries. The Bureau will credit advanced degrees as equivalent to job experience where those degrees are directly relevant to an employee’s job duties, as follows: (a) For employees in attorney positions, a Juris Doctor or similar degree will be credited with 6 years of CN-51 experience, in addition to appropriate crediting for post-degree job experience and (b) employees with a Ph.D. in a field that is directly relevant to their job duties (including economists, research scientists, and research psychologists) will be credited with 17 years of CN-52 experience, in addition to appropriate crediting for post-degree job experience.The Bureau has determined that it will include management subject matter experts (SMEs) from Divisions and Offices to assist in determining applicable experience for certain positions.Employee names, geographic location, and education institution names will be redacted from any resumes or experience data used in pay setting.For internal promotions to bargaining unit positions that have been adjusted by the salary review and reset processfollowing the Bureau-wide salary reset, the Bureau will credit 50% of experience from the employee’s previous, lower pay band?as “direct experience at level” for placement in the new pay band.? If an internal promotion according to the Pay Matrix tool results in a salary that is less than 6% above the employee’s former salary, the employee will receive a lump sum payment equal to the difference between their new annual salary and 106% of their old annual salary, paid in the first administratively available pay period after the promotion becomes effective. Grievances concerning pay setting determinations will be considered timely when filed within the grievance deadline from the bargaining unit employee’s most recent paycheck.Section 9: Bureau-wide Salary Review and ResetThe Bureau will conduct a Bureau-wide salary review and reset during calendar year 2021, and will implement resulting salary increases no later than pay period one of 2022.Submission of Updated Experience Data The Bureau will will develop a form with content agreed to by the partiesprovide a form developed jointly by the Parties for employees to enter their updated experience data. Employees will receive at least 60 days to submit this form. Any deadline will be extended for any employee on extended leave or who has not had the opportunity to complete the training identified in #2, below.The parties will develop written guidance and provide training that employees may elect to participate in during regular work hours to explain the salary review process and provide information on describing and submitting their job experience. Employees will also be granted up to 4 hours of regular work time to update their experience data and employees will notify their supervisor in advance of using the time. All employees are required to submit experience data forms via email to the following email box, CFPB_Compensation@, in accordance with the instructions below. The Compensation Director or their designee will acknowledge receipt of all updated experience data forms within two business days of submission.Updated Experience Data Each employee’s experience data should include all of the following information for each position held:The official position title (including series and grade if a Federal job); duties (including specific descriptions); the start and end dates for each employment in Month/Day/Year format (e.g., “10/15/2005 to 11/15/2010”); and the full-time or part-time status (and, for any part-time position, hours worked per week). Determining length of direct experience at level and indirect experience is dependent on the above information and failure to provide all of this information may result in an inability to receive appropriate credit for that experience. Any employee who does not submit updated experience data cannot seek an appeal of the crediting decision on the basis that management did not take into account information that the employee did not submit and NTEU is precluded from submitting such information during the appeal process set forth below. However, an employee may clarify information related to previously identified experience during the expedited appeal process referenced below in section H.Certification of Information Accuracy All applicants must certify that the information submitted is true, correct, and provided in good faith. Any information may be subject to verification. Experience Review and Crediting Step One: Initial Experience Review and CreditingThe Compensation Team will conduct a preliminary review of each employee’s experience as either directly related, indirectly related or other experience.Employee names and geographic location will be redacted from any updated experience data. Educational institution names will be redacted from submitted education data.The Compensation Team will provide the crediting outputs from the preliminary review to the Committee. Crediting Outputs will include job title, pay band or federal grade (if applicable), advanced degree meeting criteria in this section’s paragraph C, employer, start date, end date, direct experience, indirect experience, other experience, total experience, and any comments. Step Two: Committee Experience Review and Crediting The Committee will consist of two members who are appointed by NTEU and two members appointed by management. NTEU members will be granted reasonable official time while serving on the committee. The parties will develop guidance for Committee members to assist them in the crediting of direct and indirect mittee members may seek advice from SMEs to help make decisions. The Committee will conduct a de novo review of the anonymous experience data for Bargaining Unit Employees and the crediting outputs described in Step One above. It is the Committee’s responsibility to make a recommendation on the crediting of each employee’s experience. If the Committee agrees on the crediting of experience, they will provide their joint crediting recommendation and comments to the Compensation Director for final approval of pay setting based on the experience crediting recommendations, in accordance with the pay setting matrix. If the NTEU and management members of the Committee cannot agree on a joint recommendation, the Committee will submit two separate crediting recommendations (the NTEU recommendation and the management recommendation) to the CHCO. Step Three: CHCO Review (if applicable)The CHCO or designee will review the two separate crediting recommendations and make a final crediting and pay setting decision. The reason(s) for the decision will be made in writing and provided to the Committee and the employee.Employee NotificationEmployees will be notified via email once their experience crediting has been completed (e.g., upon hiring, promotion or salary reset) and will be provided a Results Report of the findings. This Results Report will include: The final crediting of the employee’s experience, including which positions were credited, and for how much direct, indirect, and other experience for each position.Any input provided by SMEs. The names of compensation team members, subject matter experts, and committee members who participated in the reviewThe anonymized version of the employee’s experience submission that was evaluated by the reviewersNon-Grievability Crediting determinations made pursuant to the Salary Review and Reset under this agreement are not subject to the negotiated grievance procedure, and NTEU may not submit the issue to binding arbitration except as set forth below. Expedited Appeal Process In cases where the CHCO does not adopt NTEU’s crediting output recommendation, the Parties agree to select a third-party neutral arbitrator to decide all appeals by NTEU. Unless the parties agree otherwise, they will select the next arbitrator on their joint standing panel list to hear the appeals. Any appeal must be filed with CFPB_Compensation@ within 30 days of the CHCO’s decision and will include a detailed statement explaining the specific disagreement with the crediting output decision. The parties shall equally bear the cost of the arbitrator and a court reporter, should either party elect to have one.For each appeal, the chosen arbitrator will receive a copy of the employee’s updated experience data, the crediting recommendations of each party, and the CHCO’s decision.Each party will have up to 10 minutes to describe orally to the arbitrator why their position should be adopted. Each party may also provide the arbitrator with documents supporting their position. The arbitrator will then have up to 20 minutes to ask clarifying questions before issuing a bench decision. The arbitrator’s authority is limited to selecting between the two crediting recommendations.Provided the arbitrator chooses one of the crediting recommendations, the arbitrator’s decision shall be final, binding, and not grievable or appealable.No Retroactivity All crediting adjustments will apply prospectively and not retroactively. Non-Precedential These guidelines and the crediting decisions have no precedential effect. A crediting decision may not be used as a basis, by any person(s), to justify the same or similar crediting decisions in any other matter or forum, except for whether experience in the same position qualifies as direct or indirect experience for a particular position. The crediting process set forth herein is a one-time, non-recurring event.Salary Setting for Above-Target EmployeesThe parties recognize that as a result of the salary review, the actual salary of some bargaining unit employees may be higher than their target salary (i.e. the salary determined by the Pay Matrix tool). There will be no reduction in salary or limit on future salary for any employee as a result of the salary review and reset.K. After the pay resetting during the first year of this Agreement, the Bureau will make pay setting decisions following the criteria set forth in this Agreement, and the Committee shall thereafter conduct annual audits of new hires and promotions (e.g., employee who did not go through the salary reset), to assure continued application of, and compliance with, the identified pay setting criteria and to reset salaries to increase pay in accordance with the pay setting criteria by evaluating their resume on file with CFPB. L. Disclosure language will be included in offer letters regarding the pay setting criteria, and options for recourse through the Committee reviews and the grievance procedure. Example: (e.g., your offer is $__ base salary, based on your direct experience of __ years and indirect __ and education __)Section 10: Annual Report During the first calendar quarter of 2021, 2022, and 2023, the Bureau will provide the following information to NTEU, for each bargaining unit employee:NameLocality payBase salaryTotal salaryPay band TitleDivisionOffice Over/under 40RaceGender Disability statusEducation credited (in 2022 and 2023)Experience credited (in 2022 and 2023) No later than 30 days following the determination of final salaries, the Bureau will provide the above information in an Excel spreadsheet to NTEU for each BUE employee reviewed under the pay reset process, plus the following:Base salary prior to pay reviewBase salary following pay reviewPay increase resulting from pay reviewNames and titles of resume reviewers who evaluated and determined experience creditedSection 11: Recruitment Incentive The Bureau may pay a recruitment incentive of up to 25 percent of annual basic pay to an individuals who are seeking employment with the Bureau and have received a written offer to become appointed by the Bureau upon a determination that the position is likely to be difficult to fill in the absence of an incentive and/or the individual has high or unique qualifications for the position.The rate of basic pay is before deductions and exclusive of additional pay, such as locality pay. The recruitment incentive is a one-time payment and will not be considered a part of an employee’s rate of basic pay for any purpose. The recruitment incentive will be paid prospectively once the individual has come on-board as a Bureau employee.The Bureau has determined that it will consider the following factors when determining whether a recruitment incentive should be paid:The success of recent efforts to recruit high quality candidates for similar positions including indicators such as offer acceptance rates, the proportions of positions filled, and the length of time required to fill similar positions.Recent turnover in similar positions.Labor market factors that may affect the Bureau’s ability to recruit internal or external candidates for similar positions now or in the future (may include such factors as salary range of comparable positions, scarcity of skills, emerging technology, etc.).Special qualifications needed for the position.Funding availability.The position is subject to a government-wide direct hiring authority by the Office of Personnel Management D. A recruitment incentive and a retention incentive cannot be authorized for the same individual at the same time.Before a recruitment incentive may be paid, the employee must sign a Recruitment Incentive Service Agreement, which requires completion of a specified period of employment with the Bureau. The length of the required employment for a recruitment incentive is as follows: up to 15 percent of salary - six twelve months; over 15 percent of salary - 1224 months. An employee who fails to satisfy the period of employment established under a service agreement will be indebted to the Bureau and will be required to repay the recruitment incentive on a pro rata basis. Section 12: Retention Incentive The Bureau may pay a retention incentive of up to 25 percent of annual basic pay to an eligible employees. The rate of basic pay is before deductions and exclusive of additional pay, such as locality pay. The retention incentive is a one-time payment and will not be considered a part of an employee’s rate of basic pay for any purpose.An eligible eEmployees will be eligible for a retention incentive if they occupy a position with documented recruitment and/or retention issues, and where the departure of qualified employees would negatively affect the accomplishment of the mission of the Bureau. is defined as an employee who is currently employed by the Bureau who has unusually high or unique qualifications or there is a special need of the Bureau for the employee’s services and the employee would be likely to leave the Bureau in the absence of a retention incentive.Retention incentive payments will be provided to all employees who occupy the same position. The Bureau may offer a retention incentive to either an employee or a group of employees.The Bureau has determined that it will consider the following factors when determining whether a retention incentive should be paid:The success of efforts to recruit and retain high quality candidates for similar positions. Special qualifications of the employee.Bureau need for the positionemployee’s services. Funding availability.The position is subject to a government-wide direct hiring authority by the Office of Personnel Management A recruitment incentive and a retention incentive cannot be authorized for the same individual at the same time.Before a retention incentive may be paid, the employee must sign a Retention Incentive Service Agreement, which requires completion of a specified period of employment with the Bureau. The length of the required employment for a retention incentive is as follows: up to 15 percent of salary - six 12 months; over 15 percent of salary - 1224 months. An employee who fails to satisfy the period of employment established under a service agreement will be indebted to the Bureau and will be required to repay the retention incentive on a pro rata basis. The amount to be repaid will be determined by providing credit for each full month of employment completed by the employee under the service agreement.Section 13: Enhanced Pay The Bureau may provide a non-base pay differential of up to 10% of total salary (including locality pay) for all current employees in hard-to-recruit positions or positions that require special skills or qualifications upon making a determination that a position is likely to be difficult to fill in the absence of an enhanced pay differential.The Bureau has determined that it will consider the following factors when determining whether an enhanced pay differential should be paid:The success of recent efforts to recruit high quality candidates for similar positions including indicators such as offer acceptance rates, the proportions of positions filled, and the length of time required to fill similar positions.Recent turnover in similar positions.Labor market factors that may affect the Bureau’s ability to recruit internal or external candidates for similar positions now or in the future (may include such factors as salary range of comparable positions, scarcity of skills, emerging technology, etc.).Special skills or qualifications needed for the position. The position is subject to a government-wide direct hiring authority by the Office of Personnel Management. The position is subject to government-wide excepted service hiring procedures as designated by OPM regulationsFunding availability.The enhanced pay differential may be removed if recruiting challenges subside or when staff transition out of the position for which the differential has been approved. The pay differential will be removed prospectively beginning with the next available pay period. Section 14: Annual ReportAdditional Provisions on Recruitment and Retention Incentives and Enhanced Pay For each of the three programs (Recruitment Incentives, Retention Incentives and Enhanced Pay), the Bureau will provide the Union with an annual report, no later than January 30 of each year, on recipients under each of these programs. These reports will identify, for each program, the recipients (by name for bargaining unit employees, by unique identifier for non-bargaining unit employees), division, office, field or headquarters location, position title, pay band, race/national origin, age (over/under 40), gender identity, disability status, amount of payment and reason for payment. Within ten (10) work days of the receipt of each report, the Union may request a briefing.Within twenty (20) workdays of the receipt of each report or the holding of the briefing (whichever is later), the Union may reopen negotiations to address any issues or concerns regarding any of these programs. Section 15: Paid Parental LeaveA. The Bureau will provide eligible employees with a maximum of 12 administrative workweeks (i.e. 480 hours) of paid parental leave (PPL) in connection with the birth, adoption, or foster placement of a child. B. To be eligible for PPL, the employee must – 1. Meet the definition of employee at 5 U.S.C. 6301(2); 2. Have experienced the birth, adoption, or foster placement of a child on or after January 1, 2020; and3. Use the PPL only for periods when the employee is at home or otherwise spending time or bonding with the child. C. PPL must be used within 12 months of the birth, adoption or placement of the child. PPL shall expire after one year from the birth, adoption or foster placement of a child. PPL shall have no monetary value and is not eligible for payout at separation, donation or transfer to another employee. D. The PPL may be used consecutively or intermittently with supervisory approval within the one-year period. Employees are not required to use other leave (e.g. sick or annual leave) before accessing their PPL. E. An employee using PPL must sign a service agreement to work for the Bureau for not less than twelve (12) weeks following their return from PPL. If the employee fails to return from PPL, the Bureau may recover an amount equal to the total amount of contributions paid on behalf of the employee for maintaining the employee’s health coverage during PPL.F. RetroactivityEmployees who had a qualifying birth, adoption, or placement between January 1, 2020 and September 30, 2020 will be eligible to use PPL in the following ways: Employees may use the twelve weeks of PPL, or any remaining portion thereof, within twelve months of the birth, adoption or placement, or within six months of the effective date of this agreement, whichever is later. Employees who used paid leave (such as annual or sick leave) will receive PPL for that leave. Annual leave that is forfeited at the end of the 2020 leave year which ends January 2, 2021, due to using PPL in lieu of annual will be restored to the employee. Employees who used paid or unpaid FMLA leave in 2020 for a qualifying event will receive PPL for the FMLA leave associated with a birth or placement of a child (children). Employees who change previously used paid or unpaid FMLA to PPL will be entitled to invoke FMLA and use it within 12 months of the birth, adoption, or placement. Employees who received short-term disability benefits associated with the birth of a child between January 1, 2020 and September 30, 2020 may not replace LWOP with PPL for 40% of the time period for which the employee received the short term disability payment. An employee must work with his or her timekeeper to submit timecard corrections in WebTA within 1 month of the effective date of this agreement. Retroactive corrections of an employee’s timecards through WebTA may only be completed up to 25 pay periods before the current pay period. Any entitlement to retroactive PPL that cannot be corrected beyond the 25 pay periods due to system limitations will be paid out via lump sum payment as opposed to a timecard correction. The leave for which employees are reimbursed via a lump sum payment will not be replaced.Section 16: Comparability StudiesA. The CFPB is required by law to seek to maintain comparability of compensation and benefits with the Federal Reserve Board of Governors (FRB) and FIRREA agencies. See Title X, Sections 152(d)(3)(A) and 1013(a)(2)(B) [codified in 12 U.S.C. § 5493(a)(2)(B)] of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, and Title XII, Section 1206(a) of the Financial Institutions Recovery and Enforcement Act of 1989, as amended [codified in 12 U.S.C. § 1833b(a)]. Compensation and benefits comparability with these agencies, as well as market-based comparability with benchmark private-sector competitors, enables the CFPB to attract, retain, reward, and motivate qualified personnel, and facilitates workforce stability, all of which are necessary for the CFPB to fulfill its mission and statutory requirements.B. Starting no later than the end of calendar year 2022 the CFPB will perform a study (Comparability Study) of the compensation and benefits provided by the CFPB, the FRB, the Federal Deposit Insurance Corporation (FDIC), the Office of Comptroller of the Currency (OCC), the National Credit Union Administration Board (NCUA) and all other agencies identified in the laws and regulations referenced in paragraph A above, as well as a study of compensation and benefits of benchmark private-sector competitors, comparing pay and benefits in each of these other agencies and entities to CFPB (collectively hereinafter referred to as the “study”).C. The study shall be conducted by an independent third party jointly selected by CFPB and the National Treasury Employees Union (NTEU). The study will be paid for by CFPB as part of its obligation to comply with statutory requirements. The third party will work equally with CFPB and NTEU to ensure neutrality.D. The study should, at a minimum, include but not be limited to, items similar to the FRB’s FR 29a compensation and salary survey as well as the following items, in its scope for (1). each class of employee, and (2). each employee, by: position title, job family, job series, grade level, division, and locality for the calendar year:(a). The amount (including %), methodology, frequency, and pay distribution (i.e., how it is paid out) of each category of salary adjustments, including the median and the mean, (other than those in (b) through (f) below);(b). The locality pay rates (if applicable) and the amount of any adjustments thereto (including the frequency of such adjustments), and the underlying methodology (ies);(c). The actual base pay, and mean and median base pay (if applicable);(d). The actual salary, and mean and median salary;(e) The structure of pay grades or pay bands, and the positions covered by each grade or band;(f). The maximum, midpoint, and minimum ranges, and salary caps, for (1) base pay bands (if applicable) and (2) salary, and any adjustments thereto (including the frequency of such adjustments);(g). The amount (including %), methodology, frequency, and pay distribution (i.e., how it is paid out) of each category of bonuses, lump sum payments, or other cash compensation, including the median and the mean;(h). The amount (including %) and methodology for pay setting for promotions and any adjustments thereto (including the frequency of such adjustments);(i). A full description of, and copies of, compensation policies and practices, benefit programs, and related Collective Bargaining Agreement provisions (if applicable), and any changes thereto; and(j). A cross-reference chart of CFPB position title and job family by grade level for each division to the equivalent job families, job series, position titles, and grade levels (if applicable), etc. of each entity included in the scope of the study for each class of employee.E.The third party will provide regular updates and make underlying material/data equally accessible to both the NTEU and the CFPB allowing for review of material/data prior to a Finding being finalized.F. Upon completion of the study, but no later than June 1, 2023, the CFPB shall provide to the NTEU the study, all related underlying supporting documentation (e.g., surveys, questionnaires, and their results, etc.), and any recommendations by both the third party and CFPB regarding compensation and benefits based on the study, including but not limited to for each class of employee by position title, job family, job series, grade level, division, and locality. G. All actions with respect to implementation of Findings from the study will be subject to bargaining between NTEU and CFPB. Either party may initiate bargaining within 60 days after completion of the study. In no case will there be a reduction in compensation and benefits as a result of the study. H. The CFPB shall maintain a record of any and all adjustments to compensation and benefits resulting from the study for each calendar year by position title and job family for each grade level, division, and locality for each class of bargaining unit employees, and for each bargaining unit employee, that is detailed enough to permit the reconstruction of such adjustments and share these results with the union annually. Section 17: Duration This agreement will expire on December 31, 2023 and will have no force and effect on future agreements absent mutual agreement. The Parties will commence negotiations on ground rules for a new agreement on or about April 1, 2023, with the goal of starting negotiations on the new agreement on or about June 1, 2023.Either party may reopen this Article within 60 days of enactment of any legislation that changes the Bureau’s funding level. If either party elects to reopen due to changes to the Bureau’s funding level, the provisions regarding annual increases to base pay (Section 1), lump sum payments (Section 2), and locality rates (Section 3) in each subsequent year will cease to have any force or effect until the parties reach a new agreement. ______________________________________________________________Ari TaraginStephen J. KellerChief NegotiatorSenior Counsel for Compensation NegotiationsConsumer Financial Protection BureauNational Treasury Employees UnionAppendix A: Current BandsProposed BandsBandMinMaxBandMinMax3038,62765,7023052,07680,7184049,16294,5554061,00394,5555166,87196,9625171,461110,7645278,107113,2555283,711129,7525390,053136,9495398,061151,9946094,647172,57060114,871178,05071111,209206,73871134,563208,572 Attachment B: Proposed pay setting matrix tool ................
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