Negotiated Agreement
Labor-Management Contract
Between the
Department of the Interior
Office of the Special Trustee for American Indians
and the
Indian Educators Federation
Local 4524
American Federation of Teachers AFL-CIO
TABLE OF CONTENTS
Page
Article 1 - Unit Description, Recognition, and Coverage 1
Article 2 – Definitions 2
Article 3 - Employee Rights and Responsibilities 3
Article 4 - Employee Assistance 7
Article 5 - Management Rights And Obligations 8
Article 6 – Partnership – Labor/Management Relations 10
Article 7 – Consultation And Negotiation Procedures 11
Article 8 – Official Time 13
Article 9 – Union Office Space 15
Article 10 – Voluntary Allotment Of Union Dues 16
Article 11 – Leave 17
Article 12 – Grievance Procedure 24
Article 13 – Arbitration Procedure 29
Article 14 – Disciplinary And Adverse Actions 33
Article 15 – Training 35
Article 16 – Merit Promotion – Vacancies – Reassignments 38
Article 17 – Reduction In Force 42
Article 18 – Job Descriptions And Position Classification 44
Article 19 – Performance Evaluation And Awards 45
Article 20 – Hours Of Work 47
Article 21 – Overtime 51
Article 22 – Working Conditions 53
Article 23 – Contracting Out 55
Article 24 – Publication And Distribution Of The Agreement 57
Article 25 – Duration Of Agreement 58
Preamble-
It is the intent and purpose of the parties to this agreement to maintain a constructive and cooperative relationship and to promote and improve efficient administration of the Office of the Special Trustee for American Indians, and the well-being of the employees in the unit as described in Article 1. This cause, we believe, is advanced by the bilateral establishment of a mutual understanding of personnel policies, practices, and procedures affecting the terms and conditions of employment of unit employees.
In this regard, the parties believe that effective labor-management relations require a clear and concise statement of the respective rights and obligations of the parties hereto, as set forth in the agreement that follows.
Article 1
Unit Description, Recognition, and Coverage
Section 1. Exclusivity
The Indian Educators Federation, AFT, AFL-CIO, is the exclusive representative of all employees in the unit as certified by the Federal Labor Relations Authority on August 20, 1999. In accordance with that Certification of Representative, the Union is responsible for representing the interests of all unit employees with respect to grievances, personnel policies, practices and procedures, and other matters affecting general working conditions of the U.S. Department of the Interior, Office of the Special Trustee for American Indians (OST).
Section 2.
This negotiated agreement applies to and covers all current and future eligible employees of OST as follows:
Included in the unit: All professional and nonprofessional employees employed by the Office of the Special Trustee for American Indians, U.S. Department of the Interior.
Excluded from the unit: All management officials, supervisors, confidential employees, employees engaged in personnel work in other than a clerical capacity. Any other employees described in 5 U.S.C. 7112(b)(2), (3), (4), (6) and (7).
Section 3.
Disputes over individual determinations regarding the appropriateness of positions being either included or excluded from the bargaining unit, where contested, may be resolved through rules, regulations, and procedures of the Federal Labor Relations Authority.
Article 2
Definitions
When used in this agreement, the following terms have the following definitions:
1. Days – Days are defined as and mean calendar days unless otherwise stated.
2. Adverse Action – Adverse actions are defined as suspensions of 15 days or more, removals, performance and conduct-based changes to lower grade/demotions, and furloughs of 30 days or less.
3. Disposable Pay – Disposable pay means net pay due an employee.
4. Periods of Calendar Days – When a period of calendar days is applied, for example, the period of time allowed to file a grievance after a letter of reprimand is issued, that period begins on the day following the matter at issue, e.g., from the issuance of the reprimand.
Article 3
Employee Rights and Responsibilities
Section 1. Freedom of Association
Each employee shall have the right to form, join, or assist the Union, or to refrain from such activity, freely and without fear of penalty or reprisal. Employees also may act for a labor organization in the capacity of a representative, and the right, in that capacity, to represent the views of the labor organization to heads of agencies or other officials of the executive branch of the Government, the Congress, or other authorities.
Section 2.
Employees shall have the right to engage in collective bargaining with respect to conditions of employment through representatives of the Union and shall be protected in the right to do so.
Section 3. Review of Information
An employee and/or their designated representative shall, upon request, be permitted to review, during duty hours, any information appearing in their Official Personnel Folder (OPF), Supervisor’s Employee Performance Folder (SEPF), and Time and Attendance Records a reasonable number of times each year. Employees will be allowed to enter into their OPF additional information or documents that are appropriate, relevant, and work related as determined by the Servicing Personnel Office.
Section 4. Privacy
When Management or Union representatives have personal meetings or discussions with an employee regarding conduct, performance, or other concerns, such discussions will be regarded as confidential and held in private. When possible, and as space allows, telephone conversations will be in private.
To ensure privacy, the employee and their Union representative will be allowed duty time (consistent with agreed upon official time and representational procedures) to meet at a suitable location away from the immediate worksite, as work allows.
Section 5. Confidentiality
All personal and personnel records are confidential, and shall be viewed and disseminated by officials only with a legitimate administrative need to know.
Section 6.
Employee records will be maintained in accordance with applicable statutes, administrative guidelines, and the provisions of the article.
Section 7. SEPF
Employees will be given an opportunity to read and initial information entered into or attached to the SEPF that may reflect adversely on the employee’s conduct or performance. Employees may request and will be provided copies of information maintained in the SEPF.
Section 8. Initialing of Documents
The supervisor will explain to the employee that it is not a requirement to initial anything. Initialing does not confer agreement, but acknowledges the employee is aware of the entry or document. Refusal to sign/initial will not be used as the basis for discipline. The supervisor will indicate the employee did not sign/initial the document.
Section 9. Service of Court Documents
To the extent possible, the employer will attempt to have employees being served with a warrant, subpoena, or other such documents, served in private.
Section 10.
If an employee is asked to sign a document, which they do not understand or agree with, the employee may sign as “Received Only,” which will acknowledge receipt.
Section 11.
Employees will not be forced or coerced to sign blank documents or evaluations against their will.
Section 12. Lawful Disclosures
Employees shall be afforded protection in accordance with governing statutes for the lawful disclosure of information which the employee reasonably believes evidences a violation of law, rule, or regulation; or evidences mismanagement, waste of funds, an abuse of authority, or a danger to health or safety.
Section 13. Fair Treatment
All employees shall be treated fairly and equitably in all aspects of personnel management, without regard to political affiliation, race, color, sexual orientation, religion, national origin, sex, marital status, age, or disabling condition and with regard and protection of their privacy and constitutional rights and the Equal Pay Act.
Section 14. Annual Weingarten Notice
The employer will annually inform all employees of their rights under 5 U.S.C. 7114(a)(2)(B) by providing a copy (hard copy or electronic) of a notice of such rights to each employee.
Section 15. Weingarten Entitlement
The Union shall be given the opportunity to be represented at any examination of a unit employee in connection with an investigation by a representative of the agency if for any reason the employee reasonably believes that the examination may result in disciplinary action against the employee, AND the employee requests representation. If representation is requested, no further questioning will take place until the Union has been given a reasonable opportunity to provide representation. The meeting may also be cancelled.
Section 16.
Managerial and supervisory employees cannot hold office in, or act for, the Union in the capacity of a Union representative.
Section 17.
The Union will not represent or attempt to represent a non-unit employee in any proceeding(s).
Section 18.
Management will not act as a representative for any bargaining unit employee in any proceeding(s).
Section 19. Direct Deposit
The employer agrees to pay employees on designated paydays. All employees will receive pay by Electronic Funds Transfer (EFT), commonly referred to as Direct Deposit. Employees are responsible for reviewing their leave and earning statements and timely notifying their supervisor of any unexplained discrepancy. When an employee does not receive timely pay (within 3 days), the employee will become eligible for supplemental pay (a supplemental paycheck). Employees are responsible for timely notifying the Servicing Personnel Office or Employee Express of any changes in banking information.
Section 20. Supplemental Pay
Under existing guidelines, supplemental pay will total at least 80 percent of actual pay. Should a change in the percentage take place, the Union will be advised prior to implementation. On occasion, this amount may be less than an actual whole salary, because various withholdings and pay calculations in supplemental pay computation is not as accurate as normal pay computation.
Section 21.
All employees are eligible for supplemental paychecks.
Section 22. Receipt of Pay
Any employee who does not receive timely pay is responsible for timely notifying their supervisor that they have not been paid. Subsequent to receiving such notification, the supervisor will make arrangements for a supplemental paycheck and initiate action to determine the reasons for non-receipt. Employees are free to contact the Servicing Personnel Office directly when they do not receive timely pay.
Section 23. Recoupment Procedure
When the employer initiates procedures to recoup overpayment or collect a debt, the employee will be provided accurate information on waiver requirements. The employer agrees to suspend collection action upon timely receipt of a waiver request from the affected employee.
Section 24. Debt Collection
When collection efforts are started, but later stopped due to the granting of a waiver, monies recouped will be returned in order to make the employee whole. Current debt collection procedures (Debt Collection Improvement Act) require notice to employees of the initiation of debt collection.
Section 25. Limitations
When the employer recoups by payroll deduction monies owed, recoupment will not normally exceed 15 percent of disposable pay unless the recoupment is from final pay or lump sum leave settlement, and no involuntary deduction for the specific debt has previously occurred. In these cases, recoupment may be up to the entire amount of disposable pay.
Article 4
Employee Assistance
Section 1.
An employee shall be afforded the right to contact a Union representative concerning any aspect of this Article. The parties agree to support efforts to assist and educate employees with respect to the prevention and treatment of personal problems.
Section 2.
The parties agree to assist employees in seeking assistance for personal problems which impact job performance and conduct. The parties agree to advise employees of the availability of Employee Assistance Programs. The parties agree that the diagnosis of substance abuse, medical, or psychological problems should be left to trained professionals.
Section 3.
Employees who have professionally diagnosed and documented emotional or substance abuse problems will be afforded the opportunity to rehabilitate themselves and seek and obtain treatment and counseling. Seeking treatment does not provide a basis for deferring or withholding discipline.
Article 5
Management Rights And Obligations
Section 1. Prohibitions
In accordance with 5 U.S.C. 7106, management officials of the OST fully retain the right:
a. to determine the mission budget, organization, number of employees, and internal security practices of the agency; and
b. to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade, or pay, or take other disciplinary action against such employees;
c. to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted
d. with respect to filling positions, to make selections for appointments from among properly certified candidates for promotion, or any other appropriate source; and
e. to take whatever actions may be necessary to carry out the agency mission during emergencies.
Section 2. Reserved Rights
Nothing in this article or the contract shall preclude the agency and any labor organization from negotiating:
a. at the election of the agency on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work.
b. on procedures which management officials of the agency will observe in exercising any authority under this section; or
c. appropriate arrangements for employees adversely affected by the exercise of any authority under this section
Section 3. Impact Bargaining
Whenever bargaining occurs to alleviate the adverse impact of matters which substantially affect working conditions of unit employees, such negotiations will focus on alleviating or easing the transition or impact by addressing how a decision will be implemented and not what the decision will be. This type of situation is envisioned to include bargaining on appropriate arrangements and matters covered by section 2 (c) above.
Section 4. Exercise of Management Rights
Nothing in this agreement shall be deemed to limit Management in any way in the exercise of regular and customary functions of Management. This includes the right to apply acceptable standards of ethical conduct as cited in the Code of Federal Regulations and determine the substance of critical results/elements and performance requirements/ indicators. In the administration of all matters covered by this agreement, the parties and employees are governed by existing and future law, department-wide rules or regulations, government-wide rules and regulations, and other future rules or regulations to the extent required by law.
Section 5.
The management rights listed above may not be abridged, violated, infringed upon, or modified by any outside authority or third party.
Article 6
Partnership – Labor/Management Relations
Section 1. General
The parties recognize that the entrance into a formal collective bargaining agreement is but one step towards a constructive labor-management relationship. The parties also recognize the value in working together in a relationship where both parties are comfortable and where interests are shared and discussed. A structured forum is one means of achieving this goal. The parties, therefore, agree in concept to consider exploring the option of meeting periodically, at mutually agreeable times, for the purpose of improving communications and fostering a relationship based on trust and integrity.
Section 2. Focus of Meetings
Meetings, as discussed above, may evolve as the parties to this agreement become better acquainted with one another, and are, therefore, better able to identify and discuss mutual interests and concerns. These meetings will not, however, be used as a forum for airing individual grievances or disputes. Issues addressed will instead focus on creating a positive and productive work environment. The meetings will also not be used as a means of circumventing ongoing bargaining or dispute resolution unless mutually agreed upon.
Section 3. Agendas
Participants will include persons who have decision-making authority, either direct or delegated. Agendas will be exchanged at least thirty (30) days in advance.
Section 4. Scope
These meetings, if any, are not intended to replace traditional negotiating or bargaining unless mutually agreed upon, though they can be used to fulfill labor and management consultation obligations.
Article 7
Consultation And Negotiation Procedures
Section 1. General
It is agreed that the following procedures are applicable concerning changes in working conditions within the scope of authority of OST affecting members of the Bargaining Unit when such changes result in substantive changes in conditions of employment.
Section 2. Changes in Conditions of Employment
a. Substantive Changes - When Management proposes a substantive change in conditions of employment or the establishment or implementation of a new policy, practice, or procedure that changes substantially conditions of employment, Management will provide the Chief Steward or designee with 14 calendar days advance notification. Notification will normally be from or through the Servicing Personnel Office in writing. The 14-day advance notification will commence on the first full calendar day following the date on which notification is provided. Written notification may be accomplished by electronic mail (email) or communication or written/hard copy correspondence.
b. Bargaining Waiver - Failure of the Union to timely respond and/or enter a bargaining demand within 10 calendar days or request for an extension will be considered acceptance of the proposed change or implementation and a waiver of the right to bargain. A Union negotiating demand must include written proposals, including the identification of the adverse impact of a Management proposal or action when a 5 U.S.C. 7106(b)(3) matter is involved. Upon timely request by the Union, the parties shall promptly enter into good faith negotiations regarding the impact and implementation of the proposed changes.
Section 3. Procedures
Negotiations, when necessary, will be conducted as follows:
a. Negotiations will normally commence within 5-10 calendar days, but no later than 15 calendar days following timely receipt of a Union bargaining demand.
b. Union participants will be authorized official time for negotiations, including attendance at impasse proceedings, if necessary.
c. Negotiations will be held “on site.”
Section 4. Brevity
The parties recognize and agree that most negotiations will be completed quickly and without the formality involved in contract negotiations. Specifically, most negotiations will involve 1-2 representatives from each party and will be handled during brief meetings.
Section 5. Agreements
Agreements reached during negotiations may be verbal, though the parties recognize the value and prudence of a written agreement or memorandum of agreement/ understanding.
If not otherwise mutually agreed, agreements will be reduced to writing.
Section 6. Past Practice
It is agreed and understood that any informal agreement(s) between a supervisor and an individual employee, which is contrary to this contract, law, or regulation, shall not be binding or precedent setting. Any past practice, which is found to be prohibited by this contract, law, or regulation, shall be terminated immediately without recourse.
Section 7. Limits
The interpretation and application of articles within this agreement will not be in contradiction with any existing laws or government-wide regulations.
Section 8. Supplements
a. A supplement/amendment is the addition or deletion of material or a provision of this agreement. Supplements/amendments to this agreement may be required if mutually agreed upon. When required and mutually agreed upon, the parties will meet within 30 days of agreement to bargain.
b. Approval procedures for supplemental agreements will be the same as those used for the contract.
Article 8
Official Time
Section 1. Approval
Union representatives will leave their work areas to perform representational functions or otherwise engage in representational activity only subsequent to receiving written approval for official time from their immediate supervisors.
Section 2. Official Time Form
All Union stewards will use the Official Time Request Approval Form when requesting approval for the use of official time. All approvals or disapprovals of official time utilizing the Official Time Request/Approval Form will result in the involved Union representative being given a copy of the form at the time of the request and approval or disapproval. Reasons(s) for disapproval will be noted.
Section 3. Workload Balancing Test
Official time approval or disapproval will be based on a balancing test that examines workload requirements and the right of the Union to perform representational functions. The employer will consider alternative assignments on a case-by-case basis for accomplishing assigned duties. Such consideration will include, but not necessarily be limited to, adjustments to accomplish the workload, cross-training, and temporary coverage by other staff members. Reasonable efforts will be made to accommodate official time requested. Release from work to perform representational duties will not be a negative factor in performance evaluation. When appropriate, the Union representative and their supervisor will discuss, to the extent necessary, the status of existing and current work requirements.
Section 4. Amounts
When in a duty status, all duly elected or recognized Union stewards and officers will be authorized official time in amounts that are “reasonable and necessary” consistent with the workload balancing test cited in this article.
Section 5. Chain of Command
On those occasions when the immediate supervisor is not available, the Union representative will contact the next appropriate supervisor in the chain of command
when the issue requires attention.
Section 6. Representation Right
The use of official time will not be denied with the intent of preventing the Union from performing representational duties.
Section 7. Chief Steward
The Chief Steward will be granted up to five hours of official time weekly to be scheduled by mutual agreement between the Chief Steward and his/her supervisor. Consistent with the workload balancing test cited in this article, the Chief Steward will be authorized additional official time that is “reasonable and necessary” or required by statute (Unfair Labor Practice (ULP) investigations or hearings, contract or other negotiations, impasse proceedings, mediation involving the Federal Mediation and Conciliation Service (FMCS), etc.) or arbitration hearings when the Chief Steward is the Union’s designated representative.
Section 8. Stewards
a. The Union will provide the Servicing Personnel Office (SPO) in writing on a current basis a complete list of designated stewards and representatives, their telephone extension, and organizational area of representational responsibility. Union stewards are authorized to perform and discharge representational duties and to consult and negotiate with managers and supervisors and to conclude agreement on appropriate matters. Union stewards prior to leaving their work area to perform representational duties will seek approval from their supervisor. When it is necessary for a Union officer or steward to visit an employee or another Union officer or steward in their work area, the officer or steward will secure permission from the supervisor of the officer/steward/employee who is receiving the visit before entering the work area.
b. During the first year of the contract, the Union may designate a reasonable number of stewards not to exceed 11 stewards throughout the organization. The Union may also designate one Chief Steward, for a total of 12 stewards.
c. In the second year of the contract, the Union may designate an additional 3 stewards. The Union will notify the SPO, as provided above.
Section 9. Official Time for Training
The Union will be granted each Fiscal Year a bank of 160 hours of official time for designated Union representatives to attend Union-sponsored training or seminars. The 160 hours bank of time is the total amount of official time allowed annually for Union-sponsored training or seminars. Approval of official time for training or seminars is contingent upon the timely submission of a request from the Union, which must contain a training agenda or a written description of the training or seminar, and the dates and location of the training. Agency funds will not be used to pay training or travel expenses associated with any such training. Approval of training requests will be based on the workload-balancing test cited in this article. Such request will be submitted at least two weeks in advance of the scheduled training or conference. All requests will be submitted to the Servicing Personnel Office by the Union.
Article 9
Union Office Space
Section 1. General
The Union will be provided an office for its use as exclusive representative. The office will be a minimum of 8 feet by 10 feet. The office will be private with walls (not partitions) and for the exclusive use of Union officials. The office will be provided in the building with the largest number of employees in the bargaining unit.
Section 2. Specifications
The Union will be allowed to use a common copier for reasonable use in connection with Union representation for OST. The employer will provide the Union with access to one Internet capable line/cable. The employer will provide the Union with one telephone line/extension to be used exclusively for the purpose of authorized OST Labor/ Management business. The Union will not be provided access to the Local Area Network.
Section 3. Office Use
Union representatives who are not OST employees may work in the Union office on an “as-needed” basis when meeting and addressing OST-Union issues with OST stewards or OST employees, supervisors, or managers.
Section 4. Equipment
The Union office will be equipped with a private, locking door. Equipment and furniture will be provided at no cost, and will include a desk and padded chair, two guest chairs, a locking 4-drawer or equivalent file cabinet; a computer, monitor, printer, and access to email via Internet in accordance with established agency policy. To the extent space is available, the Union office will be located in an area accessible to unit employees.
Section 5. Bulletin Boards
The OST will provide bulletin boards for the Union at every worksite. For those worksites with more than one floor, OST will provide a bulletin board on each floor.
Article 10
Voluntary Allotment Of Union Dues
Section 1. Authorization
The Union agrees to timely furnish SF-1187s, “Request for Payroll Deductions for Labor Organization Dues,” and SF-1188’s, “Cancellation of Payroll Deductions for Labor Organization Dues,” forms to eligible employees desiring to authorize or cancel withholding of dues from their pay. Allotments for Union dues must be authorized on SF-1187. The Union is responsible for informing its members of the allotment program, its voluntary nature, the agreed upon terms governing cancellation, and the use and availability of the standard forms. The forms will be processed through the Servicing Personnel Office (SPO).
Section 2. Processing
Cancellation of payroll deductions shall be processed through the SPO. Requests to initiate dues deductions shall be forwarded to the SPO by the Union, and must be received at least five (5) working days prior to the beginning of a pay period to become effective for that pay period. A request for dues deductions received in the SPO less than five (5) working days prior to the beginning of a pay period will become effective the following pay period.
Section 3. Cancellation
An allotment may not be revoked for a period of one (1) year from the date the allotment was first made. Although an employee may request cancellation at any time, such cancellation will not be effective until the beginning of the first pay period following the anniversary date of the date the allotment was first made.
Section 4. Changes in Dues
It is agreed that the amount/percentage of dues to be withheld shall remain unchanged until the Union provides written certification to the SPO that the amount of dues has changed for a particular member or members, showing the specific amount (percentage of dollar amount) of the new deduction. Such changes shall not be made more frequently than once every 12 months, counted from the date of the last change made by the Union. Notification of dues changes must be received by the SPO five (5) days prior to the beginning of the pay period for which the change is effective.
Section 5. Automatic Termination
Union dues will not be withheld when an employee’s net salary for the payroll period involved is insufficient to cover the dues after the legal and required deductions have been made. Dues withholding will be terminated when the allotter dies, retires, is separated from the Federal Service, is transferred from an organization serviced by the SPO, moves, is reassigned to an organizational segment which has not been accorded exclusive recognition, upon loss of exclusive recognition by the labor organization, or when the agreement providing for dues withholding is suspended or terminated by an appropriate authority.
Article 11
Leave
Section 1. Annual Leave
a. Employees have the right to accrue annual and sick leave in accordance with government-wide rules and regulations, and employees are entitled to reasonable opportunity to take leave consistent with the operating needs of the office. The earning of annual leave is a right of the employee and provides for annual vacation periods and for short periods of personal and emergency situations. The timing and amount of leave used is subject to the approval of the immediate supervisor. Annual leave usage is in increments of 15 minutes.
b. Employees will schedule leave to avoid forfeiture at the end of the leave year. Those employees projecting use or lose annual leave will schedule and use that leave throughout the year to avoid excessive use of annual leave at the end of the leave year, which can create an undue hardship on the organization.
c. Short periods of annual leave are approved subject to workload requirements and fairness to employees. The employee will notify the immediate supervisor (or official designated to receive leave requests in the absence of the immediate supervisor) as soon as the need for emergency or unscheduled leave arises. The mere reporting of an absence or a last-minute request for annual leave does not guarantee leave approval. Approval of emergency and unscheduled leave is not automatic upon notification, but rather is contingent upon the employee’s justification for the absence and the needs of the agency.
d. If there is a conflict within the same work unit between two or more employees regarding the scheduling of annual leave, the supervisor will endeavor to resolve the conflict so that all employees are treated fairly. If the conflict cannot be resolved by mutual agreement, a rotational system will be used based on length of service. The most senior employee will have first opportunity to schedule up to two weeks leave until all employees have been allowed to schedule. The following year, the most senior employee will move to the bottom of the previous year’s ranked list, with the rest of those employees on the list moving up accordingly.
e. When requested by the employee, and consistent with mission and workload requirements, supervisors will allow the employee to schedule at least two consecutive weeks’ vacation time.
f. Employees may be permitted to change their annual leave schedule when it does not conflict with the choice of another employee or hamper the mission of the organization.
g. If scheduled annual leave is cancelled due to work exigencies or mission needs, the supervisor will timely advise the employee of the reason for cancellation. If an acceptable qualified volunteer is available who is willing and able to work or reschedule their leave to alleviate this situation, a volunteer may be used.
h. When an employee cannot request leave in advance due to an emergency situation, the employee will contact the supervisor no later than two (2) hours after the beginning of the tour of duty each day of the absence unless otherwise approved. The employer reserves the right to disapprove a request for emergency annual leave and may place the employee in an unapproved or absent without leave status. The status may be changed upon the employee’s return to duty if the employee provides acceptable justification for the unplanned absence.
i. The reasons for the use of sick and annual leave is a confidential matter between the supervisor and the employee.
j. Annual leave to be earned during a leave year may be advanced and used subject to supervisory approval and compliance with governing laws and regulations. Otherwise, annual leave will be used at a rate which does not exceed that accrued.
Section 2. Sick Leave
a. When requesting sick leave, the employee will notify the immediate supervisor (or official designated to receive leave requests in the absence of the immediate supervisor) as soon as the need for sick leave arises, but no later than two (2) hours after the beginning of the tour of duty each day of the absence unless otherwise approved or compliance is not possible due to emergency.
b. Sick leave usage is in increments of 15 minutes. When requesting sick leave, the employee will specify the number of hours or days needed. If it is later determined that more time is required, the employee must contact the immediate supervisor (or designated alternate) and request the additional time prior to the expiration of the previously approved sick leave.
c. When possible, and to minimize use of sick leave, employees will schedule medical, dental, and optical appointments outside of duty hours or on a regularly scheduled non-work day. Where this is impractical, requests for sick leave to cover such an examination or appointment will be submitted as far in advance as possible.
d. An employee who becomes ill while on annual leave may have annual leave changed to sick leave, provided that the employee notifies the supervisor on the first day of the illness, and complies with requirements for sick leave, and abuse is not suspected.
e. For just cause, a supervisor may disapprove a sick leave request and place an employee in an unapproved or absent without leave status since sick leave approval is not automatic. Basis for denials will be in writing. Employees may be required to furnish a medical certificate to substantiate a sick leave absence for more than 3 days.
f. The parties agree that the Employer has the authority and responsibility to insist on medical certification if and when sick leave abuse is suspected. If circumstances warrant, an employee may be placed temporarily (6 month increments) on sick leave restriction. Sick leave restriction is a status whereby an employee receives written notification from their supervisor that they must verify each sick absence with acceptable medical documentation from an attending physician. While on sick leave restriction, in order to have sick leave approved, an employee must timely provide an acceptable medical certificate from a licensed practitioner which includes a diagnosis, date and time the employee was seen and evaluated, and the period of incapacitation for each sick absence. Sick leave will be denied, and employees may be placed in an AWOL status, if compliance with sick leave restriction requirements are not met. When an employee’s sick leave account is exhausted, placing an employee in a leave without pay status is discretionary based on the needs of the agency.
Section 3. Leave Without Pay (LWOP)
a. When other leave use is not possible due to an exhausted leave balance, the granting of LWOP is appropriate:
1. For use by a disabled veteran for medical treatment related to a service connected disability.
2. When requested by a Reservist or National Guard member for annual training or other military duties required by appropriate military orders, provided their military leave has been exhausted.
3. When requested by an employee who has suffered an incapacitating job-related injury or illness and is awaiting approval or adjudication of a claim for employee compensation by the Office of Workers’ Compensation Program (OWCP).
4. When the granting of LWOP is appropriate under the Family and Medical Leave Act.
5. An employee who is temporarily disabled and receiving OWCP benefits when it is likely that the employee will return to duty within one year or less.
b. Supervisors will consider LWOP requests that are reasonable and/or necessary.
c. LWOP may also be granted for employee job-related educational purposes in accordance with the above guidelines and other governing statute and regulation.
d. Subject to workload requirements and the ability of the employer to find a suitable, qualified replacement, an employee may be granted LWOP to engage in Union activities (on a national or local level) or to work in Union-sponsored programs (to include the AFL-CIO and AFT), upon written request, provided no adverse impact is suffered by the employer.
Such requests will be submitted to the Servicing Personnel Office for coordination with the appropriate Management official. If allowable by statute and regulation, an employee shall continue to accrue benefits in accordance with applicable law(s) and regulation(s). Approval of LWOP in these situations will not subject the employer to any additional expense or require the agency to expend funds not normally paid. LWOP for this purpose is limited to one year, but may be extended at management’s discretion, if requested by the employee.
Employees placed on LWOP will be returned, when possible, to a like or similar position within their commuting area at the expiration of the LWOP. Employees in such situations will not suffer a break in service. If the employer cannot guarantee to return an employee to a like or similar position in their commuting area, the LWOP request will be denied.
Section 4. Blood Donation
Employees may be excused from duty for up to four hours without charge to leave for travel, donation, and recuperation purposes immediately following an uncompensated blood donation. Denials of donating privileges will be based on work-related reasons.
Section 5. Voting Leave (Excused absence)
a. Employees are encouraged to vote prior to or following their normal tour of duty. In those instances when voting leave is needed, the employee will request excusal from duty in advance.
b. Employees may be excused from duty to vote in an amount of excused absence which will permit them to report to work up to three (3) hours after the polls open or leave work up to three (3) hours before the polls close, whichever requires the lesser amount of time. Employees on flexible work schedules can be excused only for that time which cannot be accommodated by their schedule. Where release of an employee at the beginning or end of the work day would impair operations, the supervisor, when possible, may allow the employee a reasonable amount of time during the work day to vote.
Section 6. Court Leave
a. Court leave will be granted to an employee who is summoned or subpoenaed in connection with a judicial proceeding of a court to serve as a witness or juror without charge to leave or loss of pay in the following instances:
1. For jury duty
2. To appear as a witness on behalf of the United States Federal Government, District of Columbia, or state or local government
3. To appear as a witness on behalf of any party in connection with any judicial proceeding when one of the parties is either the United States, the District of Columbia, or state or local government
b. Employees are entitled to keep monies paid for expenses related to witness and jury service.
c. An employee excused or released from service as a witness or juror for any day or a substantial portion of a day is expected to return to duty when there are at least two or more hours remaining in the work day (excluding travel time.)
Section 7. Religious Compensatory Time
Insofar as practical, management may allow employees wishing to observe religious holidays time off for that purpose and charge the absence to annual leave, leave without pay, or accrued compensatory time. An employee may also request to perform compensatory overtime work for the purpose of taking compensatory time off, in lieu of annual leave or LWOP, when his/her personal religious beliefs require the abstention from work during certain periods of the work day or work week. An employee, when previously approved by the supervisor, may work such compensatory time before or after the grant of compensatory time off.
Section 8. Advanced Sick and Annual Leave
a. When circumstances warrant, an employee may be advanced all annual leave that will accrue up to the end of the leave year. Annual leave will not be advanced to any employee if there is a likelihood that the employee will retire, be separated, or resign before the date the employee will earn (and repay) leave advanced. Upon separation, employees will make the employer whole for any remaining advanced annual leave.
b. Upon request, sick leave may be advanced to an employee in cases of serious illness or disability, including pregnancy, up to no more than two hundred forty (240) hours, provided the employee’s accrued sick leave has been exhausted, medical documentation supports the request, no pattern of sick leave abuse exists, and reasonable evidence of the employee’s return to duty is timely provided. Prior to an advance of sick leave, the employee must use all annual leave subject to forfeiture at year’s end.
c. All sick and annual leave advances will be subject to applicable law and agency regulation.
d. Denial of written advance leave request will be timely provided to the employee, and will contain a specific explanation of the reason for the denial.
Section 9. Voluntary Leave Transfer and Leave Bank
In accordance with applicable law and regulation, employees are eligible to donate and receive leave for medical emergencies.
Section 10. Excused Absence Due to Inclement Weather
Depending on weather conditions, tardiness not in excess of two (2) hours may be excused because of an unavoidable delay in reporting to work due to adverse weather. The reasons for tardiness will be evaluated by the supervisor, taking into account the distance between the employee’s residence and place of work, mode of transportation, severity of the weather condition, and other factors, as appropriate.
Section 11. Family Friendly Leave And Family And Medical Leave
Family Friendly Leave and Family and Medical Leave will be administered in accordance with government-wide rule and regulation and agency policy.
a. Family Friendly
Eligible employees may be authorized up to one hundred four (104) hours of sick leave each leave year for the following:
1. To provide care for a family member who is incapacitated by a medical, physical, or mental condition or attends to a family member receiving medical, dental, or optical examination or treatments. Examples of appropriate uses of sick leave under this article include caring for a family member who is incapacitated due to injury, illness, pregnancy, or childbirth.
2. Makes arrangements necessitated by the death of a family member or attends the funeral of a family member.
3. Family Members are defined as:
(a) Spouse or parents thereof
(b) Children, including adopted children, and spouses thereof
(c) Parents
(d) Brothers and sisters and spouses thereof
(e) Any individual related by blood or affinity whose close association with the employee is the equivalent of a family member
4. Under this Act, and in accordance with government-wide regulations, employees may be able to use up to twelve (12) weeks of sick leave during a twelve (12) month period for family care and bereavement purposes. The amount of sick leave to which part-time employees are entitled is a pro-rated amount of full-time employees’ entitlement, in accordance with government-wide law and regulation.
b. Family and Medical Leave Act
Subject to the conditions of the Family and Medical Leave Act, unit employees who have completed at least twelve (12) months of service and are not employed on a temporary or intermittent basis are entitled to twelve (12) weeks of leave without pay during a twelve (12) month period for the following reasons.
1. The birth and care of a child.
2. The placement of a child with the employee for adoption or foster care.
3. The care of a family member of the employee with a serious health condition. Family member is defined as a spouse and parents thereof, children, including adopted children, and parents of the employee.
4. A documented serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position.
Employees will provide at least thirty (30) days’ notice (or as much advance notice as practical) before leave is to begin in the cases above, when planned medical treatment is involved.
Subject to the conditions of the Family Medical Leave Act, 5 CFR, Chapter 1, part 630, Subpart L, leave requests under (3) must be supported by certification in accordance with the Family and Medical Leave Act in any case where leave is foreseeable based on planned medical treatment. The employee will make a reasonable effort to schedule the treatment so as not to unduly disrupt the Employer’s operation.
Article 12
Grievance Procedure
Section 1. General
The purpose of this article is to establish a procedure whereby employees may secure at the lowest level possible, equitable and expeditious solutions to their grievances. This negotiated procedure shall be the sole and exclusive procedure available to employees for settlement of grievances.
Section 2. Definition of a Grievance
A grievance is defined as any complaint:
a. By an employee concerning any matter relating to the employment of the employee;
b. By the Union concerning any matter relating to the employment of the employee;
c. By the employee, the Union, or Management concerning the effect or interpretation or a claim of breach of this agreement or any supplement to this Agreement; or any claimed violation, misinterpretation or misapplication of any law, rule, or regulation affecting conditions of employment;
d. or by a group of employees acting as individuals for relief in a matter of concern or dissatisfaction.
Section 3. Right to Present Grievances
Any employee or group of employees in the unit may present grievances to Management and have them adjusted, without the representation or intervention of the Union, as long as the adjustment is not inconsistent with the terms of the Agreement, and the Union has been given an opportunity to be present at grievance meetings involving unit employees and to make known the views of the Union at the appropriate time.
Section 4. Group Grievances
When a group of employees has an identical grievance, it will be considered as an individual complaint of one employee and may be processed as a single grievance in the name of one employee designated by the others to act for them. All employees joining in the grievance must be identified in writing. There will be only one representative for the group. The final grievance decision will apply to all members of the group.
Section 5. Identical Grievances
Grievances identified at any step by the Union or jointly by the parties as identical will be combined and processed as a single grievance. The outcome of the instant grievance will be binding on all involved employees.
Section 6. Representational Rights Of Employee
No employee shall be required to meet with management officials or a supervisor at any step in the grievance procedure without representation.
Section 7. Time Limits
All time limits set forth in the procedure may be extended only by mutual consent, but if not so extended, they must be strictly observed. Union request(s) for extensions will be submitted to the Servicing Personnel Office. Management request(s) for extensions will be submitted to the local Albuquerque Union office of the Indian Educators Federation.
Section 8. Grievance Termination
A grievance will automatically be terminated on request of the Union or upon the death of the employee or resignation or separation for reasons not connected with the grievance, provided there is no question of pay involved or other relief that could be granted to the employee or his/her estate.
Section 9. Employee Protection
The fact that a grievance is raised by an employee shall not be recorded in the employee’s personnel file or in any file or record utilized in the promotion process; nor shall such fact be used in any recommendation for job placements. An employee shall not be placed in jeopardy or be subject to reprisal, restraint, coercion, or discrimination for having followed this grievance procedure.
Section 10. Official Time
In conjunction with employee grievances, reasonable amounts of official time will be granted to Union representatives and aggrieved employees for preparing the grievance and for meetings with the management. All meetings dealing with grievances will normally be held on duty time.
Section 11. Non-Meritorious Grievances
Nothing in this contract shall be so interpreted as to require the Union to represent an employee in processing a grievance or to continue to represent him/her, if the Union considers the grievance to be invalid or without merit.
Section 12. Exclusions:
The following matters are excluded from coverage under the grievance procedure and will be rejected if grieved:
a. Reduction in force
b. An Equal Employment Opportunity (EEO) Complaint
c. The classification of any position which does not result in the reduction in grade or pay of an employee
d. Any claimed violation relating to prohibited political activities
e. Retirement, life insurance, or health insurance
f. A suspension or removal under Section 7532 of this title regarding national security
g. Any examination, certification, or appointment
h. Separation of probationers
i. A proposal for adverse/disciplinary action and performance improvement plans
j. Non-selection from a selection certificate of properly rated and certified candidates
k. Termination of temporary employees
Section 13. Timeliness
All grievances must be timely filed, dated with the date filed; and if not timely filed, will be rejected without action as untimely. Grievances must be specific and identify all issues and the corrective action desired; otherwise, the grievance must be returned to the filing party. The filing party will be given the opportunity to correct the information. Grievances which clearly meet filing requirements will not be returned. A timely grievance missing any information will be returned to the filing party who will then have five calendar days from the date the grievance is received back by him/her to furnish additional information and resubmit the grievance to the appropriate supervisor.
Section 14. Content
Grievances must contain all of the following:
a. Employee’s name
b. Date of the incident or event being grieved
c. Employee’s work site and work telephone number
d. Name of designated representative, if any
e. Statement of the grievance to include article and section of the contract or regulation or policy alleged to be violated.
Grievances must be signed by the employee(s) or the employee’s designated representative. Grievance decisions that settle a grievance(s) in its entirety will be considered final and no other action will be taken in regards to the instant grievance. Grievances may not be amended at later steps to include new/additional information, unless both parties agree.
Section 15. Grievability or Arbitrability
In the event either party should declare a grievance to be non-grievable or non-arbitrable, the original grievance shall be considered amended to include this issue. The OST agrees to raise any question of grievability or arbitrability within five (5) duty days of the union invoking arbitration.
Section 16. Data Request
When requested by the Union, the employer will provide the employee or the Union with any available information relied upon in processing the grievance, subject to provisions of the Privacy Act, Freedom of Information Act, and 5 U.S.C. 7114 (b) (4).
When the Union requests data that is not in the possession of the employer, the employer will either make a good faith effort to obtain the information for the Union, or provide the Union with the name of the agency and contact point that the Union can contact, if that information is known by the employer.
Section 17. Appellate Procedures
An aggrieved employee affected by a matter covered under Section 4303 and 7512 of Title 5 U.S.C. (Performance and Adverse Actions) may raise the matter under appropriate appellate procedures or the negotiated grievance procedure, but not both. An employee shall be deemed to have exercised their option under this provision at such time as the employee or the Union timely initiates formal action under the applicable statutory procedure or timely files a grievance or invokes arbitration, whichever comes first.
Section 18. Failure to Issue a Decision
When a supervisor does not provide a written decision within prescribed time limits at any step, the grievance will elevate to the next step automatically.
Section 19. Grievance Investigation
Supervisors, in their attempts to investigate or resolve grievances, may consult with other managers, supervisors, personnel advisors, or employees who may have knowledge of the grievance.
Section 20. Step 1 – Immediate Supervisor
Grievances filed at Step 1 will be reduced to writing, and must be received by the immediate supervisor of the involved employee within 21 calendar days following the event or action giving cause to the grievance.
The supervisor will provide the employee with a written decision within 12 calendar days following the date of receipt of the grievance.
Section 21. Step 2 – Next Level Supervisor
Grievances not resolved at Step 1 will be reduced to writing, and must be received by the next level supervisor of the involved employee within 21 calendar days following receipt of the Step 1 decision. Issues not raised at Step 1 cannot be raised at Step 2. The supervisor will provide the employee with a written decision within 12 calendar days following the date of receipt of the grievance.
Section 22. Step 3 – Arbitration
Grievances not resolved at Step 2 may be submitted for arbitration. Only the Union (or the employer) may invoke arbitration. Invoking of the arbitration step must be received by the Servicing Personnel Office within 21 calendar days following receipt of the Step 2 decision. Issues not raised at Step 2 cannot be raised in arbitration.
Section 23. Union/Management Grievances
Either Union or management may file at Step 2 grievances concerning alleged violations of this agreement. Union-initiated and management-initiated grievances must meet all agreed upon grievance filing conditions and must be received by the appropriate official within 21 calendar days following the event or action giving cause to the grievance. Written decisions will be provided within 12 calendar days following the date of receipt of the grievance.
For Union-initiated grievances, the written grievance will be submitted to the director of the involved office. The director may delegate authority to other officials or their deputy to hear and resolve grievances. For management-initiated grievances, the written grievance will be submitted to the Union President or equivalent. If satisfactory settlement is not reached using Step 2 procedures, the parties may proceed to arbitration.
Section 24. Adverse Actions, Performance-Based Actions, and Discipline
All grievances on adverse actions and performance-based reductions in grade and removal actions will be submitted directly to Step 3 – Arbitration. Grievances concerning disciplinary action will be processed starting at Step 2.
Article 13
Arbitration Procedure
Section 1. General
The purpose of this Article is to provide for the satisfactory settlement of grievances involving the application, administration, and/or interpretation of this agreement or personnel policies, or practices, regulations, policies having an effect on the working conditions of the employee or the Union. Questions of arbitribility or grievability, which cannot be resolved by the parties, shall be referred to arbitration for decision. Arbitration may be invoked only by management or the Union.
Section 2. Threshold Determination
When it is determined by an arbitrator that an issue is not arbitrable or grievable, the grievance shall terminate and no hearing or ruling on the merits of the case shall take place.
Section 3. Framing of Issues
Representatives of the parties will meet or talk at least 10 days prior to any arbitration hearing(s) for the purpose of “framing” the issues to be arbitrated.
Section 4. Award Clarification
Disputes, if any, over the application or interpretation of an arbitrator’s award must be referred to the arbitrator for clarification. When an award is referred by either party, the arbitrator’s decision will not be considered final until clarification is received. Clarification, if needed, will be requested within 12 calendar days following receipt of the award. Arbitrators will be requested to render decisions no later than 2 weeks after the arbitration hearing.
Section 5. Arbitrators’ Authority
The arbitrator shall have no authority to alter, amend, add to or subtract from the negotiated agreement. The arbitrator shall be bound by and must comply with all terms of the agreement. Arbitrators will not have the authority to substitute their judgement for that of management or a supervisor.
Section 6.
Grievances will be arbitrated in the order in which arbitration is invoked, except removals, which will become the first priority.
Section 7. Fees and Expenses
All arbitrator’s fees, per diem, travel costs, and court reporter fees and expenses will be equally split. The parties will pay 100 percent of their own witness fees, travel, per diem, and expenses. If either party requests a transcript, that party will bear the entire cost of such transcript.
Section 8. Permanent Panel
The parties will jointly request from the Federal Mediation and Conciliation Service a listing of fifty (50) arbitrators. Any fee charged for this service shall be shared equally by the parties. Upon receipt of the list, the Parties will each have an initial unilateral strike of names, with twenty (20) for the OST and twenty (20) for the Union. The first twenty (20) strikes for each party shall be done alternately, with the first strike determined by a flip of the coin. From the remaining names each party shall alternately strike three (3) arbitrators each; with the first strike determined with the flip of a coin. The remaining four (4) make up the permanent panel, and the six (6) struck are the alternates. The alternates shall be appointed to the panel when a vacancy occurs; in reverse order of being struck. For example, the last struck will become the first alternate.
Section 9.
Arbitration proceedings/hearings will be scheduled on mutually agreed upon dates with each round starting at approximately 90-day intervals. Arbitrators will be notified of scheduled dates. If the services of an arbitrator are not needed for a scheduled round of arbitration, no hearing will be held and the parties will jointly notify the appropriate arbitrator.
Section 10.
If the services of the scheduled arbitrator are needed, the parties will jointly confirm this with the arbitrator. If an arbitrator is unavailable, the parties will use the next arbitrator on the list. Arbitration dates will be confirmed 90 days in advance. If no arbitrator on the panel is available for a scheduled date, the parties will use an alternate arbitrator.
Section 11.
The parties shall jointly notify the selected arbitrators requesting their acceptance of selection to the panel. In reverse order of selection, as noted in section 8 of this Article, alternates shall replace those declining. The parties authorize no retainer fee for service on the panel.
Section 12.
The Arbitration Panel will consist of four (4) members. Arbitrators shall serve for a period of three (3) years from the date of appointment.
Section 13. Removal of Arbitrators
Either party may, at any time, unilaterally remove one arbitrator from the panel after the arbitrator has conducted one arbitration hearing for the parties. After one year of service, the parties may, by mutual agreement, remove any or all arbitrators. Vacancies will be filled with arbitrators from the alternate list. When the list of alternates is depleted, the procedures utilized initially will be again initiated and followed.
Section 14.
The panel will be used for all grievances and arbitrations.
Section 15.
By mutual agreement, panel members may serve consecutive term(s).
Section 16.
Nothing shall prevent use of the arbitrators for mediation, if mutually agreed by the parties. Normally, the arbitrator will receive compensation for no more than two preparation/research days regardless of the length of the proceedings.
Section 17. Cancellation Fees
Terms and conditions for cancellation of a round shall be as follows:
1. When an arbitrator is given at least thirty (30) days notice that an arbitration round has been cancelled, no fee shall be imposed on the parties.
2. When an arbitrator is given at least fifteen (15) days notice that an arbitration round has been cancelled, no more than 50 percent of the normal cancellation fee may be imposed on the parties. The fee shall be split equally by both parties.
3. Normal fees for cancellations with less than fifteen (15) days notice that an arbitration round has been cancelled will be split equally by both parties.
Section 18. Exceptions
Either party may file an exception to an arbitrator’s award with the Federal Labor Relations Authority under procedures established by the Authority. A copy of any filed exception will be provided to the other party at the time of filing.
Section 19.
The parties will mutually request panel arbitrators to reserve dates for the initial rounds scheduled for a two-year period. In subsequent years, arbitrators will be scheduled in increments of two years. In any event, a two-year schedule will be developed annually within 2 weeks of the anniversary date of the signing of this contract.
Section 20.
Arbitrators will be requested to render decisions no later than two weeks after the close of the arbitration hearing, or no later than two weeks after receipt of post-hearing briefs.
Section 21.
Visitors and observers will be allowed to attend and observe arbitration proceedings if mutually agreed upon.
Section 22. Witnesses
The grievant and approved witnesses, who are otherwise in a duty status, will be excused from duty without loss of pay or charge to leave to participate in OST arbitration proceedings.
Overtime pay will not be paid to witnesses or any other arbitration participants.
To allow approved witnesses to participate in arbitrations, employee schedules may be adjusted to allow for travel or conflicts with regular days off, subject to mission and workload requirements. The parties will work to resolve any problems or disputes in
this regard well in advance of scheduled arbitration hearings, provided that witnesses have been timely identified.
Section 23. Witness List
The parties will exchange in writing prior to the hearing, the names of witnesses and identify exhibits to be used in the hearing. Written witness lists will be exchanged between the parties at least ten (10) calendar days prior to any scheduled arbitration round or proceeding. If witnesses are added to the list after the 10-day deadline, the other party will be informed in writing immediately. Witnesses may be challenged and any such challenges will be resolved by the arbitrator. A union representative may use reasonable amounts of official time for preparation and attendance at an entire arbitration hearing. When witnesses are outside a 200-mile radius, the parties will attempt to obtain testimony without requiring witness travel.
Section 24. Expedited Arbitration Procedures
When mutually agreed upon, the parties may utilize an expedited arbitration proceeding as an alternative to a full hearing.
Options for such an expedited proceeding are:
1. A Bench decision whereby the parties waive briefs and/or transcript. Any such, Bench decision need not be lengthy, but must contain the rationale and basis for the award.
2. Written submissions and arguments from each party, which present their respective cases, without a hearing.
3. Hearing by telephone with briefs.
Article 14
Disciplinary And Adverse Actions
Section 1. Fairness
The purpose of disciplinary action is to correct and rehabilitate, if possible. Progressive discipline will be used when appropriate.
Section 2. Standards
Disciplinary and adverse actions will be timely, and imposed fairly and equitably.
Section 3. Authority
Disciplinary and adverse actions will be taken in accordance with appropriate law, Federal and DOI regulation, as well as the provisions of this agreement.
Section 4. Representation
Employees are entitled to designate a representative of their choice at any stage of the disciplinary and adverse action process.
Section 5. Obligations
All employees are expected to discharge their just and financial obligations in a proper and timely manner.
Section 6. Informal Actions
Oral and written counselings and admonishments are considered informal disciplinary actions. Oral and written counselings and admonishments are utilized to correct and document problems and bring matters of concern to the attention of an employee. Supervisors may document oral counselings and admonishments (supervisory memory jogger) which may be shared with those who have a need to know at the supervisor’s discretion. Oral counselings/admonishments and written counselings/admonishments may be grieved starting at step 2 of the Negotiated Grievance Procedure (NGP).
Section 7. Grievance Rights
When the employer imposes a formal disciplinary (reprimand or suspension) or adverse action against an employee of the unit, which is grievable under this agreement, the employer agrees to inform the employee of his/her right to grieve. This information will be included in the notice of decision.
Section 8. Reprimands
a. Letters of Reprimand will be filed in the OPF for a period not to exceed one (1) calendar year from the date the reprimand was issued. Reprimands may be removed sooner when circumstances warrant. For example, a reprimand may be removed from the OPF when the supervisor believes that continued retention in the OPF is no longer necessary.
b. Employees may submit comments on the Letter of Reprimand directly to the Servicing Personnel Office for filing with the Reprimand. Employee comments may not exceed the number of pages of the reprimand, or six (6) pages, whichever is less.
Section 9. Witnesses
Employees who are in a duty status who are called and approved to serve as witnesses in official proceedings under this article will be excused from duty without loss of pay or charge to leave. Witnesses shall be free from restraint, coercion, discrimination, or reprisal.
Article 15
Training
Section 1. Policy
It is the policy of the OST that employees should have the opportunity to develop and advance to their full potential. The OST and the Union agree that job-related training and career enhancement of unit employees are legitimate interests in the development and maintenance of a highly skilled and efficient workforce.
Section 2. Joint Responsibilities
The parties recognize that employees may develop and enhance their current job skills and career opportunities in a number of different ways, both formal and informal. Employees interested in career development/enhancement opportunities are encouraged to discuss their interest utilizing any or all available resources.
Section 3. Training for New Duties
Consistent with the mission and budgetary constraints of the OST, and in keeping with the principles of equal employment opportunity and Indian Preference, Management agrees to provide job-related training and assist employees in enhancing their current job skills, so as to allow them to advance as career opportunities become available. As necessary and within budgetary constraints, employees will be trained, retrained, or assigned to different positions when jobs change due to the introduction of new technologies in the workplace. When duties change, job descriptions will be updated and revised.
Section 4. Career Ladder
The OST, in an effort to help employees advance in their careers and develop professionally, will establish and utilize career ladder and upward mobility positions and opportunities when these positions and opportunities will best serve the interest of OST. Negotiable proposals for upward mobility positions and opportunities submitted by the Union will be given consideration and reasons for denial of such proposals will be given.
Section 5. Funding
The OST, consistent with Budgetary and staffing limitations, will fund training or reimburse current OST employees for the expenses of approved training that is or will be directly related to the performance by the employee of official duties for the OST, to include mandatory job required certification. Requirements, if any, for OST job-required training found in the Chief Financial Officer Act and other related statutes, will also be funded within these limitations.
Section 6. Criteria for Payment
For “approved” training, employees shall be reimbursed for all authorized expenses for off-site training when all of the following conditions are met:
a. the training will enable employees to reach an IDP milestone or competency need, to the extent allowable under Government-wide regulation;
b. comparable training is not available in the next nine (9) months through Employer-developed courses and it would be too costly for the Employer to develop a suitable program at the time;
c. reasonable inquiry has failed to disclose suitable, adequate, and timely programs being offered by other government agencies within the local area;
d. the course meets the needs of the employee and the Employer as well or better than other courses of its nature which also may be available within the next nine (9) months;
e. the course is not being taken solely for the purpose of obtaining a degree; and
f. funds are available to pay for the training without deferring or canceling higher priority commitments.
g. training and reimbursement otherwise is not inappropriate or disallowed based on law or regulation.
Section 7. Necessary Training
An employee will have the right to raise lack of necessary training as a defense to a disciplinary, adverse, or unacceptable performance action.
Section 8. Unfunded Training
Employees desiring to attend job and mission related training, seminars or conferences during duty hours at “their own expense” may request administrative leave from their supervisor for attendance. Requests of this type will be duly considered and approved or disapproved subject to workload requirements, and staffing needs. Employees will be timely notified of approval or disapproval. Employees may also opt to attend using annual leave.
Section 9. Individual Development Plan
a. Each unit employee will be required to establish an Individual Development Plan (IDP) with assistance and advice provided by their supervisor. Should the need for IDPs change, this requirement may be reassessed. The primary emphasis of the plans will be first to address the skills needed by employees in their current positions; second, to enhance existing job skills and competencies, and third, to address skills needed beyond journey level performance.
b. When training is available, approved, and identified as appropriate in an IDP, that training will be funded subject to the availability of training funds and staffing needs/shortages. When IDP job-related training is not provided, employees will not be disciplined or given lower performance ratings, based solely on lack of training, unless the employee has not attended or refused to attend training, or otherwise failed to cooperate with or in legitimate training efforts.
Section 10. Unfinished Training
Payment for uncompleted nongovernment training or conferences may, pursuant to 5 CFR 410, be subject to recovery and reimbursement from the employee.
Section 11. Travel
Employee travel outside of duty hours to and from a training site or conference is not compensable as hours of work and employees are not entitled to pay or compensatory time for such travel.
Section 12. Contract Administration
Contract administration training on the terms of this agreement will be provided to managers, supervisors, Union officials, and employees.
Article 16
Merit Promotion – Vacancies – Reassignments
Section 1. Governing Regulations
Actions covered by this article will be made in compliance with applicable laws, rules, regulations, and this contract and supplements, if any. Vacancies and positions will also be filled in accordance with Title 5 Code of Federal Regulations – Chapter 335, 5 United States Code 33, the Department of Interior’s Merit Promotion Plan, and Bureau/Office specific guidance.
Section 2. Pre-selection
The parties agree that pre-selection is improper and will not occur.
Section 3. Area of Consideration
The area of consideration will be that area determined to be sufficient to provide a sufficient number of qualified candidates. After evaluation of candidates, a reasonable number of candidates will be referred to the selecting official. Consideration will first be given to restricting the area of consideration to OST. When restricting the area of consideration to OST is believed to produce a sufficient number of qualified candidates, the area of consideration will be restricted to OST. When the Servicing Personnel Office determines that the area of consideration needs to be broader than OST, the area will be expanded to whatever area is sufficient to provide a satisfactory number of qualified candidates.
Section 4. Electronic Posting of Vacancy Announcements
Electronic copies of vacancy announcements for bargaining unit positions will be provided to the Union at the time a vacancy is advertised. Vacancy announcements will be available for employee review on the OPM USAJOBS website, and the OST website. In any event, efforts will be made to distribute vacancy announcements to all OST employees or organizations.
Section 5. Indian Preference
For positions subject to Indian Preference (IP), selection preference will be afforded to qualified individuals meeting the standards of IP eligibility whether the actions involve initial hiring, reinstatement, transfer, reassignment, or promotion.
Section 6. Indian Preference Policy
For positions and organizations subject to IP, vacancy announcements will contain the following language: In accordance with the Indian Reorganization Act of 1934 (25 USC 472), when filling vacancies by promotion, reassignment, initial appointment, transfer, or reinstatement, priority in selection will be given to Indian candidates who present proof of eligibility for Indian Preference. Verification Form No. BIA-4432 must be provided in original with the application of the candidate who claims Indian Preference unless the tribe has made a specific waiver.
For IP covered positions, consideration can only be given to non-Indian applicants (status or reinstatement) in the absence of qualified Indian Preference eligibles.
Section 7. Details
Management reserves the right to determine when the use of a detail is necessary to accomplish the mission.
Section 8. Interviews
The use of interviews is optional. Supervisors will determine the number of candidates to be interviewed, if any.
Section 9. Qualification Standards
The SPO will make available for employee review, upon request, the standards and qualification requirements for a vacancy.
Section 10. Applicant Notification
Within a reasonable period of time, and upon request, a job applicant is entitled to be informed of his/her rank and overall assessment against ranking criteria and the qualification requirements used. This information is available through the SPO. Review and discussion of the crediting plan is excluded from this review.
Section 11. Changes to Merit Promotion Plan
When it is necessary to revise or otherwise change the Merit Promotion Plan, management and the Union will negotiate, as appropriate, in accordance with the provisions of Article 7 of this agreement.
Section 12. Negotiation Rights
The Union reserves the right to negotiate the impact of future merit promotion plans prior to implementation. Comments and recommendations on future merit promotion plans will be submitted to the Servicing Personnel Office (SPO).
Section 13. Coverage of the Merit Promotion Plan
This Plan applies to all bargaining unit positions as follows:
a. Permanent promotion to higher grades;
b. Details to higher grade positions or to positions with known promotion potential for more than 120 days;
c. Temporary promotion for more than 120 days;
d. Filling a position with known promotion potential by reassignment, promotion, transfer, or reinstatement, e.g., initial positions in a career ladder series and trainee positions filled below the established grade;
e. Transfer of an employee into a higher grade than that held by the candidate prior to the transfer;
f. Reinstatement of an employee to a higher grade than that held by the candidate prior to the reinstatement;
g. Promotion of employees who are within reach on an appropriate Civil Service Register.
Section 14. Exceptions to Competitive Procedures of the Plan
Promotions may be made without Merit Promotion competition only under the following circumstances:
a. Promotion through a career ladder;
b. Promotion from trainee positions and positions filled at a grade below the established or anticipated grade, e.g., where the incumbent is not expected to function at the full performance level of a position until after a period of training and close supervision;
c. When an employee’s position is reclassified to a higher grade as a result of accretion of new duties and responsibilities;
d. Repromotion to a grade or position from which an employee was demoted involuntarily without personal cause. Acceptance of a lower graded position during a reduction-in-force or during relocation in a transfer of function is not a demotion at the employee’s request for this purpose.
e. Promotion occurring during reduction-in-force when a slightly higher pay rate is attained; and therefore, the action is technically a promotion.
f. Corrective action taken under this Agreement or other existing appeal procedures;
g. Action taken to correct an error in classification;
h. Repromotion. An employee who is demoted through no personal fault shall be entitled to priority consideration for repromotion for a period of two years provided that the employee’s performance in the higher graded position was satisfactory.
i. Details. Management will insure that all details are documented so that employees are properly credited for their details. Therefore, all details of 30 days or less will be documented by a memorandum from the supervisor. Details of more than 30 days will be documented by an SF-50, Notification of Personnel Action. Employees on detail to a higher graded position which exceeds 60 days shall be temporarily promoted, if qualified.
When possible, employees will be given 48 hours advance notice prior to detail,
and known information on starting and ending dates.
Article 17
Reduction In Force
Section 1. Scope
This article governs:
a. transfer of function,
b. the separation, demotion, or reassignment requiring displacement of another employee,
c. furlough of unit employees for more than thirty (30) calendar days by reduction in force procedures from their respective competitive levels.
Section 2. Governing Regulations
Reductions in Force (RIF) will be conducted in accordance with applicable statute(s) and governing regulations, including identification of tenure groups.
Section 3. Union Advance Notice
When it is known that a transfer of function (TOF) out of the commuting area or RIF affecting bargaining unit employees will be necessary, the Union will be given at least ninety (90) days’ advance general written notice. Written Union notification, unless circumstances dictate otherwise, will include the following:
a. the reason for the RIF or TOF
b. the approximate number of affected employees
c. competitive levels and areas that may be involved
d. the anticipated effective date of the Action(s)
Section 4. Appeals
Any appealable action under RIF procedures is excluded from coverage under the negotiated grievance procedure. Instead, appealable RIF actions may only be appealed to the Merit Systems Protection Board.
Section 5. Employee Advance Notice
Affected employees will be given a specific written notice no less than sixty (60) calendar days prior to the implementation date/release date of the RIF or TOF, unless circumstances dictate otherwise. The sixty (60) calendar day notice period begins on the day following the day the employee received the notice.
Section 6. Retention Registers
Retention registers will be available for joint review by the Union and the Servicing Personnel Office. This opportunity to review retention registers commences on the date following the ninety (90) day advance notice period cited in section 3.
Section 7. Negotiability
The parties may bargain, subject to receipt of a timely bargaining demand on appropriate arrangements.
Section 8. Preference
As appropriate, eligibles affected by RIF action will be given hiring preference in accordance with Agency and OPM regulations.
Article 18
Job Descriptions And Position Classification
Section 1. Employee Copy
Each employee in the unit will be provided with a description of their duties and responsibilities in the form of a current position description, normally within 14 calendar days following their entrance on duty or subsequent changes in assignments. Due to the physical dispersion of employees and organizations, the parties recognize that the 14-calendar day timeframe may not always be met. When the 14-calendar day timeframe is not met, the position description will be provided within 30 calendar days. As appropriate, supervisors will be proactive in this process.
Section 2. Joint Understanding
It is agreed that a position description is an item of record, which should be clearly understood by the employee. The understanding of assigned duties and the requirements of a position description is a joint employee and supervisor responsibility.
Section 3. Changes to Position Descriptions
Position descriptions will be current and accurately reflect assigned duties. The parties agree that, when possible and appropriate, standardized position descriptions will be used to help ensure that like positions have like position descriptions, though actual duties may differ. When employee duties or assignments change to a sufficient degree or duration so as to warrant a change or revision in the position description, position descriptions will be amended or changed in accordance with the Office of Personnel Management (OPM) guidelines.
Section 4. Audits
The employee or supervisor may request a position audit when assignments have sufficiently changed or when a position description does not accurately reflect the duties of the position. An employee may make a request for audit through their immediate supervisor. Special projects or assignments will not normally result in the revision of a position description. An employee request for an audit will not, standing alone, be sufficient basis for a job audit. Any employee who feels, as the result of an audit, that their position is misclassified may appeal, as appropriate. Wage grade (WG) employees may appeal through the Agency wage grade appeal procedure and then to the Office of Personnel Management. General Schedule (GS) employees may appeal to the Agency first and then to the Office of Personnel Management, if dissatisfied; or the GS employee may go directly to OPM. The classification of positions is excluded from coverage under the negotiated grievance process.
Section 5. Other Duties
The phrase “Other duties as assigned” may be used for tasks which are incidental or temporary in nature and may reasonably be associated with the employee’s occupation or functional assignment.
Article 19
Performance Evaluation And Awards
Section 1. Governing Regulations
Union and Management agree that all aspects of employee performance management and recognition (evaluation, awards, performance-based actions, etc.) will be governed by appropriate law, federal regulation, Department of Interior regulations/handbooks/guides; as well as the provisions of this agreement. To ensure consistency, forms approved for use throughout the Department will be used.
Section 2. Awards
A percentage of the awards budget, if any, will be available to recognize unit employees who perform their duties “over and above” what is required. Employees will be considered for awards consistent with accomplishments which are “over and above” job requirements.
Section 3. Progress Reviews
Rating officials will conduct progress reviews and performance discussions no less than every 6 months. The parties agree that progress reviews provide the opportunity for revision and updating of performance plans. The employer agrees to timely revise and update performance plans to recognize changes in employee duties when those changes warrant revision. Employees are free to discuss awards and award criteria with supervisors at any time including during progress reviews and performance discussions.
Section 4. Counseling
Supervisors and rating officials will counsel and advise employees of concerns with employee performance. Supervisors are expected to provide positive feedback and comments to employees when they are meeting and surpassing performance requirements and job expectations. Union and Management agree that the right to representation cited in Article 3, Section 14 and 15, of this agreement is not applicable to any performance discussions or counselings between a supervisor and an employee. Performance evaluations will be fair, objective, and timely issued.
Section 5. Performance Improvement Plan
a. After it is determined that an employee’s performance is less than acceptable or is otherwise not fully meeting the established critical results/standards, the supervisor will take action to help the employee improve his/her performance. This may be done informally or the supervisor may determine that it is necessary to place the employee on a Performance Improvement Plan (PIP).
b. The PIP is a non-disciplinary means of providing employees with a reasonable opportunity to demonstrate improved performance. A properly initiated PIP will be written and couched in constructive terms, and indicate among other things, which aspects of the employee’s performance most needs improvement to prevent initiation of a performance-based action and to restore performance to an acceptable level. Within a reasonable period of time after the expiration of the PIP, the supervisor will advise the employee of the outcome of the PIP, and whether additional action to improve performance or initiate a performance-based action is warranted.
Section 6. Awards Data
a. OTFM, OTR, and OTRM will provide the Union quarterly with data for all awards to include total amounts for bargaining unit and non-bargaining unit (without personal identifiers), to include the amount of awards as a percentage of salary for the bargaining and non-bargaining unit employees.
b. The parties agree that awards information and data is sensitive and confidential and that the Union will not release awards data and information to any party that does not have a legitimate and demonstrated need to know.
c. At the Union’s request, but not more frequently than once per calendar quarter, OTFM, OTR, and OTRM management will meet with Union representatives to discuss and clarify information contained on the provided report.
Article 20
Hours Of Work
Section 1. Workweek
The administrative workweek is defined as any period of seven (7) consecutive 24-hour periods identified by the employer as the administrative workweek. For a full-time employee, a tour of duty means the eight (8) hours of a day (a daily tour of duty) and the five (5) days of the administrative workweek (a weekly tour of duty) that constitute the employee’s regularly scheduled workweek, except for those employees working an approved alternative work schedule. For a part-time employee, a tour of duty means the officially prescribed days and hours within an administrative workweek during which the employee is regularly scheduled to work.
Section 2. Business Hours
The standard basic business hours in a workweek for full-time employees, based upon the employer’s work needs are:
a. Office of Trust Records - The standard hours of operation are 7:00 a.m. until 5:30 p.m., Monday through Friday. An employee may request a fixed schedule starting not later than 8:00 a.m. and ending not later than 5:30 p.m. A one-half hour lunch period is scheduled at approximately the mid-point of the employee’s tour. Upon request and approval, an employee may be granted a one-hour lunch period consistent with workload and an appropriate extension of the employee’s daily tour of duty.
b. Division of Field Operations - The standard hours of business operation are 7:45 a.m. until 4:30 p.m., Monday through Friday. An employee may request a fixed schedule starting not later than 8:00 a.m. and ending not later than 5:00 p.m. A one-half hour lunch period is scheduled at approximately the mid-point of the employee’s tour. Upon request and approval, an employee may be granted a one- hour lunch period consistent with workload requirements and an appropriate extension of the employee’s daily tour of duty.
c. Office of Trust Funds Management and the remainder of OST - The standard hours of business operation are 7:00 a.m. until 5:30 p.m., Monday through Friday. An employee may request a fixed schedule starting not later than 8:00 a.m. and ending not later than 5:30 p.m. A one-half hour lunch period is scheduled at approximately the mid-point of the employee’s tour. Upon request and approval, an employee may be granted a one-hour lunch period consistent with workload requirements and an appropriate extension of the employee’s tour of duty.
Section 3. Changes in Tours
a. The employer reserves the right to make changes in tours of duty as the need arises, consistent with mission requirements. The employer agrees to avoid changes in tours of duty to the extent practicable and to normally give employees two weeks’ advance notice of changes.
b. The Union will be given advance notice of changes in tours of duty affecting entire offices or work units, or other tour changes that substantively change conditions of employment. Negotiations, when timely requested, will address the impact of the change and be limited to matters addressed by 5 U.S.C. 7106 (b) (2) and (3).
Section 4. Discontinuance of a Tour
When management determines that it is necessary to discontinue a tour of duty and that change constitutes a substantive change in conditions of employment, the provisions of Article 7, Consultation and Negotiations Procedures, will apply.
Section 5. AWS Schedules
Within the employer’s mission, staffing, and workload requirements, employees shall be allowed to select from the following standard alternative work schedules (AWS). Within these parameters, arrival and departure times for employee tours of duty must be approved by the supervisor. Employee preferences will be granted consistent with mission requirements. Work schedules will be requested and documented using the “AWS Election and Schedule Form”. All work schedules and tours of duty will include set core hours as determined by the employer.
a. Standard Work Schedule
A fixed tour of duty consisting of five 8-hour workdays per administrative workweek. Employees, subject to supervisory approval, may request specific arrival and departure times. Lunch periods shall not be less than one-half hour. Employees will schedule meal periods with the concurrence of their supervisor.
b. 5-4-9 Compressed Work Schedule
A fixed tour of duty consisting of eight 9-hour work days and one 8-hour work day to complete a basic work requirement of 80 hours each pay period. Five of these days must be worked within one of the two administrative workweeks in the pay period and the remaining four workdays must be worked within the other workweek of the pay period. The compressed schedule allows for a regular day off each pay period. Employees, subject to supervisory approval, may request specific arrival and departure times, lunch periods, and the “regular day off” (referred to as the AWS day). Lunch periods shall not be less than one-half hour.
c. 4-10 Compressed Work Schedules
A fixed tour of duty consisting of four 10-hour workdays per administrative workweek to complete a basic work requirement of 80 hours each pay period. Employees, subject to supervisory approval, may request specific workdays, arrival and departure times, and lunch periods. Lunch periods shall not be less than one-half hour.
d. Flexible Eight-Hour Schedule (Flexitime)
A flexible tour of duty consisting of ten 8-hour workdays per administrative workweek to complete a basic work requirement of 80 hours each pay period. The employee’s arrival and departure times may vary from day to day. Employees may only work this schedule subject to supervisory approval. The lunch period shall not be less than one-half hour and is also subject to supervisory approval.
Section 6. Discontinuance of AWS
a. The employer may make exceptions to advance notice periods when operating needs or mission requirements preclude compliance. The employer may discontinue or restrict AWS schedules when approval or the continuation of an AWS would increase the cost of employer operations or diminish the level of productivity or services to the public.
b. A dispute in the decision to change an AWS will be subject to the negotiated grievance procedure.
Section 7. Holiday Pay
The employer and the Union agree that applicable laws and regulations relative to Holiday pay will apply.
Section 8. Temporary Changes
When the employer knows in advance of an administrative workweek that specific days and/or hours of a day actually required of an employee in that upcoming workweek will differ temporarily from those in the current administrative workweek, the supervisor shall reschedule the employee’s tour of duty or administrative workweek to correspond to those specific days and/or hours. The parties understand that such a change is an exception to the normal process for changing tours of duty and/or administrative workweeks. Personal hardships will be considered, but changes may still be necessary.
Section 9. Premium Pay
Employees who perform night work (including when their tour extends work beyond 6 p.m.), Sunday, or Holiday work will be paid premium pay, as appropriate. Individual tours of duty shall not be established or modified on a one-time basis solely for the purpose of avoiding the payment of holiday or premium pay.
Section 10. Seniority
Assignments to tours of duty, including shift changes, will be made on a fair and equitable basis considering skills and workload to the extent that the needs of the employer can be met and the mission can be accomplished. The method for determining which employee(s) will be assigned/reassigned to another shift or tour of duty will be based on SCD date, with the most senior employee being given first choice when there is a conflict.
Section 11. Lunch Periods
Lunch periods should be taken not less than three, nor more than five, hours after the start of a tour or shift.
Section 12. Breaks
Though there are no designated or prescribed rest or break periods, the parties recognize and agree that “informal” restroom breaks or other breaks from work are appropriate. Coding clerks are encouraged to take a 5-minute rest break hourly.
Article 21
Overtime
Section 1. Right to Assign
The administration of any necessary overtime/holiday work (including the determination of the nature of work, the need for special skills, the priority of productive or support efforts, and the number of employees required) is solely a function of management. In this regard, management reserves the right to assign work, require employees to work overtime, and to determine the personnel needed to perform overtime work.
Consistent with mission requirements:
a. First consideration in the assignment of overtime will be given to employees currently performing the work project.
b. Second consideration will be given to other qualified employees in the assignment of overtime/holiday work.
In keeping with these two considerations, normally the employee with the least amount of hours worked or declined will be given the first opportunity to work. Assignments that are offered and not worked or declined shall be counted for the purpose of fair distribution of voluntary overtime.
Section 2. Representation
It is understood that representational Union activities will not be conducted by Union representatives or employees who are on compensable overtime status. Such representational activity will be postponed until the overtime requirement and work is complete or until the Union representative is off duty.
Section 3. Data
As necessary, supervisors will maintain records of overtime. Records are available for Union review upon request consistent with 5 U.S.C. 7114 (b) (4).
Section 4. Hardship
The Union recognizes the right of the employer to require employees to perform overtime work unless the additional work would impair the health or efficiency of the employee or cause an extreme hardship. Management will give employees advance notice when overtime work is required.
Section 5. Compensation
When overtime work is directed or necessary, employees will be compensated in accordance with the applicable provisions of the Fair Labor Standards Act (FLSA) and other applicable statutes and regulations.
a. The parties recognize that Federal law prohibits compensatory time for wage grade/system employees. Employees eligible to earn compensatory time will be governed by applicable laws, rules, and regulations.
b. Employees exempt from FLSA shall have the right to request overtime pay or compensatory time subject to management approval.
c. General Schedule employees whose series are at or below the maximum rate for GS-10 are paid overtime pay for overtime work unless the employee agrees to or requests compensatory time.
Section 6. Computation
Except for employees on Alternate Work Schedules (AWS), authorized time spent working in excess of eight (8) hours a day or forty (40) hours a week shall be considered overtime work. In any event, overtime hours for regular full-time employees are those hours worked once an employee has completed their regularly scheduled hours within a given duty day or duty week, and as defined by applicable law, rules, or regulation. Overtime work can be paid in fifteen (15) minute increments.
Section 7. Controlling Overtime
If the employer requires work on Saturday or Sunday and the needs of the agency can best be met by changing an employee’s workweek from a Monday through Friday workweek, a change in the workweek (tour of duty) will be implemented to avoid the additional expense of overtime pay. As appropriate, volunteers may be considered first and choices made based on service computation date seniority. In the event that volunteers cannot be found, inverse seniority will be used unless mission needs dictate overtime assignments by another method. When possible, two weeks’ advance notice will be provided employees.
Section 8. Lunch Break
In the event any employee covered by this agreement works in excess of six (6) hours overtime during a single 24-hour period, a lunch hour will be provided between the second and fourth hours.
Section 9. Call Back
Employees called in to work outside of and unconnected with their basic workweek shall be paid a minimum of two (2) hours of overtime pay. Employees shall be released from work upon completion of the task they were called in to perform unless additional overtime work is necessary.
Section 10. Long-term
For “long-term, planned overtime,” a rotational system based on Service Computation Date (SCD) seniority will be utilized in order that every qualified employee in the affected work unit is given the opportunity to participate in the overtime work project, so long as this system meets mission needs.
Article 22
Working Conditions
Section 1. Safety
Within conditions under their control, management will continue to take steps to ensure a safe and healthy work place. Management will, to the extent possible and within reasonable parameters, attempt to ensure that working conditions comply with appropriate environmental standards issued by appropriate authority, thereby, protecting employees from hazard.
Section 2. Sanitary Conditions
Management will make reasonable efforts to provide a safe, clean, and sanitary working environment for employees and will comply with Occupational Safety Health Administration standards.
Section 3. Prevention of Injuries
The parties agree that prevention of work place and occupational injuries are a joint responsibility. The parties also recognize and agree that consistent with mission requirements, employees should work in safe and ergonomically correct work environments. Employees who believe they are working in a hazardous or unhealthy work environment should bring their concerns to their supervisor’s attention.
Section 4. Services
Health and emergency aid services will be made available to employees in accordance with established Department and health programs.
Section 5. Access
To the extent that management has control, management agrees to take reasonable steps to ensure that employees with special needs will have access to agency facilities. Assistance will be provided to special needs employees in evacuating buildings during an emergency.
Section 6. Concerns for Safety
When an employee claims or believes that a job or work area to which she/he has been assigned is not safe or will endanger her/his health, the employee should contact her/his supervisor. The supervisor will take appropriate action to provide for a determination as to the employee’s concerns. When circumstances warrant, the employee may temporarily be given other duties or temporarily moved to another duty site. Employees shall not be required to work under conditions that have been determined to be unhealthful or unsafe by the responsible health and safety official(s).
Section 7. Supervisory Responsibility
In those situations where the supervisor is not on site, the supervisor is, nevertheless, responsible for ensuring a proper determination about safety conditions is made. The parties recognize and agree that some situations may require immediate attention.
Section 8. Temperature Extremes
a. Employees will not be expected to work in situations where heating or air conditioning systems are inoperable or temperatures are such that employees cannot work without great discomfort.
b. Unless performing essential services, management may excuse an employee without loss of pay or charge to leave when management reasonably concludes that the extremes of temperature have or will incapacitate an employee or that the prevailing condition would adversely affect their health. When the employee and the supervisor cannot agree on the impact of the temperature extremes on the employee’s ability to work, the employee may request and be granted sick or annual leave, as appropriate. Such decisions will be based on available information on a case-by-case basis.
Section 9. Fitness for Duty
Consistent with work requirements, OST personnel are expected to meet medical and physical requirements necessary for performing their positions. In those situations when there is a reasonable doubt as to an employee’s medical fitness for duty and his/her ability to perform assigned duties, employees may be medically evaluated to determine their medical fitness for duty. Employees will be advised by the Servicing Personnel Office regarding their rights and responsibilities under this section, upon request.
Section 10. Medical Conditions
Employees who have professionally diagnosed and documented medical conditions will be accommodated to the extent practicable. This may include workstation modification or repair, preventive or protective devices, and other workstation adjustments. When an employee cannot temporarily perform his/her regular duties due to work-related illness or injury (as determined by appropriate medical authority), he/she may be temporarily assigned to another job, if one is available. Management will eliminate identified and documented safety/health hazards to the extent feasible.
Article 23
Contracting Out
Section 1. Union Notification
When a decision has been made to contract a function performed by bargaining unit employees, management shall notify the Union. Such notification will be provided to the Union President or designee. Information and data related to the decision will be provided at the time of notification. To the extent it is available and releasable, the Union will be provided a copy of the performance work statement, contract solicitation, cost estimate, bid, contract specifications, and contracting cost comparisons.
Section 2. Cost Comparison
Management shall advise the Union when a decision is made to perform a cost comparison study involving bargaining unit work.
Section 3. Bargaining
When management determines that unit work is to be contracted out, the OST will notify the Union and provide them an opportunity to request to negotiate, as appropriate, in accordance with Article 7, Consultation and Negotiation Procedures.
Section 4. Mid-Term Bargaining
Any mid-term agreement reached regarding contracting out shall be incorporated in this agreement.
Section 5. Contractors
Upon request, but no more frequently than once each quarter, management will update the Union of OST contractors.
Section 6. Planning
Subject to budgetary considerations and to the extent the needs of the OST can still be met, management will make efforts to retain current employees. Existing vacancies and personnel management planning which considers known attrition patterns and the feasibility of restricting new hires will be among the factors considered.
Section 7. Displacement
As appropriate, eligible unit employees displaced by contracting and RIF will be given hiring priority in OST in accordance with Agency and OPM Regulations. Any employees subjected to RIF will be afforded job placement assistance in accordance with agreed upon and statutory RIF procedures.
Section 8. Appeals
Management decisions resulting from cost comparisons may only be appealed by the union in accordance with appeals procedures of the Agency and OMB Circular A-76. Contracting out decisions are not subject to review under the provisions of the Negotiated Grievance Procedure.
Section 9. Union Notification
When a decision is made to contract out unit employees’ work, but that decision is not based on a cost comparison, management will notify the Union. Such notification will be provided to the Union President or designee. Information and/or data related to the decision will be provided at the time of the notification.
Section 10. Training
When it is determined that training is necessary, career employees will be trained or provided instruction that is intended to assist them in performing the job to which reassigned due to contracting out.
Section 11. Shared Office Space
As it relates to shared office space and equipment, space and equipment provided unit employees will comply with normal and routine OST Policy (if any) and government-wide GSA guidelines. To the extent that such a decision does not interfere with management’s retained rights (5 U.S.C. 7106), OST employees will be provided equipment that meets the OST/OTFM minimum standards for ADP hardware and software.
Section 12. Supervision
By law, bargaining unit employees will not be supervised by consultants and contractor personnel.
Article 24
Publication And Distribution Of The Agreement
The employer will print and supply the Union (in accordance with the ground rules) with 900 copies (3-1/2” x 5-1/2”) of the contract on a one-time basis. The Union will handle employee distribution.
Article 25
Duration Of Agreement
Section 1. Duration
This agreement and amendment(s), if any, will be binding on the parties for a period of two (2) years commencing on the date of the agency approval of the basic agreement.
Section 2. Renewal
Agency contract review and approval will be in accordance with 5 U.S.C. 7114 (c) (1), (2), and (3). The contract will automatically be renewed for succeeding periods of one (1) year unless either party, in the period between 105 to 60 days prior to the expiration date of this agreement gives written notice to the other party of the intent to renegotiate a new agreement. The party that gives such notice will provide the other party with a copy of their proposed changes at the time notice is given.
Section 3. Notice
If either party serves timely notice to renegotiate, representatives of the Union and management will meet within 45 days of receipt of the notice and confer and set dates for negotiations. The party that did not request negotiations will submit proposals or counterproposals to the other party within 45 days of the date Union and management meet and confer, as described above.
The negotiated agreement between the Office of the Special Trustee for American Indians and the Indian Educators Federation, Local 4524 is hereby executed and recommended for approval this date:
/s/ Thomas Slonaker 9/6/01
_________________________________________ _________________
Thomas Slonaker Date
Special Trustee for American Indians
United States Department of Interior
This agreement between the United States Department of Interior, Office of the Special Trustee for American Indians, and the Indian Educators Federation, AFT Local 4524, AFL – CIO, conforms to applicable laws, established policies, and regulations, and is hereby approved this date:
/s/ Carolyn Cohen OCT – 4 2001
_________________________________________ _________________
Carolyn Cohen Date
Director, Office of Personnel Policy
United States Department of Interior
OFFICIAL TIME REQUEST/APPROVAL FORM
OST-IEF
________________________________ ______________________
Union Representative’s Name Date
I request permission to leave my worksite for the purpose stated below:
Purpose of representational activity:
_____ Union Initiated ______ Estimated Time
_____ Management Initiated
_____ Employee Initiated
________________________________________________________________________
_____ Request Approved ______ Request Disapproved
Reasons for Disapproval (Reasons Must Be Stated)
________________________________________________________________________
________________________________________________________________________
__________________________________ _____________________
Supervisor’s Signature Date
__________________________________ _____________________
Union Representative’s Signature Date
Note: A copy of this form must be given to the Union Representative at the time of Approval/Disapproval.
AWS ELECTION & SCHEDULE FORM
Work Schedule for _______________ . Date ___________ .
I have voluntarily/involuntarily (circle one) elected the following Alternative Work Schedule (AWS)
( ) Standard (Fixed) Eight Hour Schedule
( ) Alternate Eight Hour Schedule (Flexitour)
( ) Flexible Eight Hour Schedule (Flexitime)
( ) Ten Hour Schedule (Compressed)
( ) Five-Four-Nine Schedule (Compressed)
I understand that the definition of the AWS chosen above, is as defined in the Collective Bargaining Agreement and the applicable Federal Regulations.
|Week 1 |Sunday |Monday |Tuesday |Wednesday |Thursday |Friday |Saturday |
|Tour of duty begins at: | | | | | | | |
|Lunch period begins at: | | | | | | | |
|Lunch period ends at: | | | | | | | |
|Tour of duty ends at: | | | | | | | |
|Week 2 | | | | | | | |
|Tour of duty begins at: | | | | | | | |
|Lunch period begins at: | | | | | | | |
|Lunch period ends at: | | | | | | | |
|Tour of duty ends at: | | | | | | | |
I have read the Collective Bargaining Agreement on AWS. I understand my responsibilities as an employee and I know what is expected of me to fulfill my commitment to account for a full eight/nine/ten hour day, and eighty hours per pay period under this work schedule arrangement.
I have completed this form which indicates my preference for a work schedule. I realize that this work schedule requires approval from my supervisor BEFORE it is authorized. I also understand that any change in the employee/supervisor relationship (such as my transferring to a new unit or section) will require me to submit a new request. Absent any change of this type, this request may be revised semi-annually.
. APPROVED . DISAPPROVED
REASON FOR DISAPPROVAL
__________. ___ .
Employee’s signature Date
__________. ___ .
Supervisor’s signature Date
cc: supervisor – employee
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