COLLECTIVE BARGAINING AGREEMENT
NFFE, LOCAL 1363
TABLE OF CONTENTS
I DEFINITIONS 3
II RECOGNITION AND UNIT DESIGNATION 5
III MANAGEMENT RIGHTS AND RESPONSIBILITIES 6
IV EMPLOYEE RIGHTS AND RESPONSIBILITIES 7
V UNION RIGHTS AND REPRESENTATION RESPONSIBILITIES 9
VI DUTY TO BARGAIN AND SCOPE 14
VII REGULATION CHANGES 16
VIII DISCIPLINARY AND ADVERSE ACTIONS 17
IX ALTERNATIVE DISPUTE RESOLUTION 18
X GRIEVANCE PROCEDURE 19
XI ARBITRATION 24
XII EQUAL EMPLOYMENT OPPORTUNITY 26
XIII PRODUCTIVITY 27
XIV POSITION DESCRIPTIONS 28
XV STAFF DUTY OFFICIER AND ON CALL DUTY OFFICER 29
XVI HEALTH AND SAFETY 31
XVII INCENTIVE AWARDS 32
XVIII TRAINING 33
XIX LEAVE 34
XX EXTENSION OF OVERSEAS EMPLOYMENT 36
XXI MOBILIZATION AND EMERGENCIES 37
XXII OFFICIAL FACILITIES AND SERVICES 38
XXIII ORIENTATION OF NEW EMPLOYEES 39
XXIV PUBLIC RELATIONS 40
XXV UNION DUES, VOLUNTARY ALLOTMENT OF 41
XXVI PAYMENT OF FUNDS 43
XXVII PREVIOUS AGREEMENTS 44
XXVIII DURATION OF AGREEMENT 45
APENDIX A PARTNERSHIP AGREEMENT 47
PREAMBLE: Section 1. A. Pursuant to the policy set forth by Title 5 United States Code Chapter 71 regarding Federal Service Labor-Management Relations and EO 12391, the following Articles of this basic AGREEMENT, together with any and all supplemental agreements and/or amendments which may be agreed to at later dates, constitute the total AGREEMENT by and between United States Forces Korea/Eighth United States Army (USFK/EUSA), and the Joint US Military Affairs Group-Korea, (hereafter referred to collectively as the employer) and the National Federation of Federal Employees, Local 1363 (hereafter referred to as the union), for the employees in the Units described below (hereafter referred to as the employees).
b. This AGREEMENT is entered into pursuant to the Certificate of Representation, dated may 1980 for bargaining Units identified in Article II of this AGREEMENT.
c. Collectively, hereafter the employer and the union are called the PARTIES.
Section 2. WHEREAS, Congress holds that experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them –
(1) Safeguards the public interest;
(2) Contributes to the effective conduct of public business;
(3) Facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment;
Section 3. WHEREAS, the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the government; and
Section 4. WHEREAS, Congress therefore holds that labor organizations and collective bargaining in the civil service are in the public interest.
Section 5. AND WHEREAS, in the administration of all matters covered by this AGREEMENT, the PARTIES are governed by:
a. Existing or future laws;
b. Published agency, primary national subdivision and government-wide policies and regulations in existence at the time the AGREEMENT was approved; and
c. Subsequently published agency; primary national subdivision or government-wide policies and regulations which are required by law.
Section 6. THEREFORE, the PARTIES, intending to be bound hereby, agree as follows.
DEFINITIONS: The following definitions of terms used in this AGREEMENT shall apply.
1. ACTIVITY. Employer.
2. ACTIVITY HEAD. The Commander-in-Chief, UNC/CFC/USFK/EUSA.
3. AGENCY. Department of Defense.
4. AMENDMENTS. Modifications of the basic AGREEMENT to add, delete, or change portions, sections, or articles of the AGREEMENT.
5. DECIDING OFFICIAL. Depending upon the nature of the grievance, either –
a. The first person in the management chain with the authority to resolve the employee’s grievance; or
b. The second-line supervisor of the employee.
6. Employee. An employee of the employer in a bargaining unit represented on by Local 1363 National Federation of Federal Employee (NFFE).
7. EMPLOYER. USFK or any of its immediate subordinate units or tenant activities with employees.
8. FINAL DECIDING OFFICIAL. The supervisor of the Deciding Official, provided, however, that the Final Deciding Official must be assigned to the Activity.
9. HE, HIS, or HIM. Refers to both male and female persons. The use of the male pronoun is simply a convenience of grammar.
10. PRIMARY NATIONAL SUBDIVISION. Department of the Army, Department of the Navy, or Department of the Air Force.
11. STATUTE. The Federal Service Labor-Management Relations Statute (Title VII of the Civil Service Reform Act of 1978).
12. SUPERVISOR. An individual employed by the Activity having authority in the interest of the Activity to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment,
except that, with respect to any unit which includes firefighters or nurses. The term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such authority. Individuals who exercise this authority only over military and foreign nationals are excluded.
13. SUPERVISORY POSITION. A position which requires the incumbent to perform as a Supervisor.
14. SUPPLEMENT. Additional articles, negotiated during the term of the basic AGREEMENT, to cover matters not adequately covered by the basic AGREEMENT.
15. UNION OFFICIAL AND/OR UNION REPRESENTATIVE. The duly elected or appointed officials of Local 1363 NFFE, including Stewards.
16. UNIT. Any bargaining Unit represented by Local 1363 NFFE, as specified in Article II of this AGREEMENT.
17. US-ROK SOFA or SOFA. The United States-Republic of Korea Status of Forces Agreement (SOFA) under Articles IV of the US-ROK Mutual Defense Treaty of 1 October 1953.
RECOGNITION AND UNIT DESIGNATION: Section 1. Recognition. The employer recognizes that the union is the Exclusive Representative of all employees in the Units described in Section 2 below.
Section 2. Units.
a. Army Nonprofessional Employees.
(1) INCLUDED: Career and career-conditional nonprofessional employees of the Department of the Army in the Republic of Korea.
(2) EXCLUDED: Professional employees, supervisors, management officials, employees engaged in personnel work in other than a purely clerical capacity, confidential employees, employees of JUSMAG-K, the Nonappropriated Funds (NAF), the U.S. Army Audit Agency, the U.S. Army Logistics Assistance Office-Korea, the Criminal Investigation Division, and 501st Military Intelligence Group.
b. Army Professional Employees.
(1) INCLUDED: Career and career-conditional professional employees of the Department of the Army in the Republic of Korea.
(2) EXCLUDED: NonProfessional employees, supervisors, management officials, employees engaged in personnel work in other than a purely clerical capacity, confidential employees, employees of Joint United States Military Affairs Group, Korea (JUSMG-K), the Nonappropriated Funds (NAF), the U.S. Army Audit Agency, the U.S. Army Logistics Assistance Office-Korea, the Criminal Investigation Division, and 501st Military Intelligence Group.
c. JUSMAG-K Nonprofessional employees.
(1) INCLUDED: Career and Career-conditional, nonprofessional employees of JUSMAG-K in the Republic of Korea.
(2) EXCLUDED: Professional employees, supervisors, management officials, employees engaged in personnel work in other than a purely clerical capacity, and confidential employees.
MANAGEMENT RIGHTS AND RESPONSIBILITIES: Section 1. The employer retains the right –
a. To determine the mission, budget, organization, number of employees, and internal security practices of the employer;
b. In accordance with applicable laws: --
(1) to hire, assign, direct, layoff, and retain employees, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against employees;
(2) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which the employer’s operations shall be conducted;
(3) with respect to filling positions, to make selections for appointments from among properly ranked and certified candidates for promotion or from any other appropriate source; and
(4) to take whatever actions may be necessary to carry out the employer’s mission in situations of emergency.
Section 2. The requirements of this Article shall apply to all supplemental, implementing, subsidiary, or informal agreements between the employer and union.
Section 3. The right to bargain over the impact of any decision involving a retained right shall not bar the employer’s exercise of that right when prompt action is required by the employer.
Section 4. It is understood that the employer’s decisions and actions in connection with filling supervisory and other non-unit positions is not a condition of employment within the meaning of 5 USC 7103(a)(12). It is also understood that the qualifications, level of expertise in exercising the responsibilities, and the treatment of the incumbents of such positions are not bargainable.
Section 5. The exercise of Management’s rights does not abrogate the union’s right to negotiate: (a) procedures that Management Officials of the Agency will observe in exercising any authority under this Article; b) appropriate arrangements for employees adversely affected by the exercise of any authority under section 7106 (b) or Chapter 71, Title 5 of the US Code by such Management Officials: nor does it affect grievance rights as established by Article X.
Employee RIGHTS AND RESPONSIBILITIES: Section 1. Employees in the bargaining Unit shall be protected in the exercise of their right, freely and without fear of penalty or reprisal, to form, join, and assist an employee organization, or to refrain from joining or assisting such activity. This AGREEMENT does not prevent any employee from choosing his own representative in an MSPB appeal action. Regardless of membership in the union, employees in the bargaining Unit are entitled to representation by the union in matters covered by this AGREEMENT, if they request it.
Section 2. An employee has the right and is encouraged to bring matters of personal concern directly to the attention of the immediate supervisor or other appropriate officials of the employer. An employee also has the right to exercise grievance or appellate rights established by law or this AGREEMENT. An employee has the right to choose his own representative in an appellate action at the employee’s own expense.
Section 3. It is the obligation of the employer and the union to inform employees relative to their rights under this AGREEMENT. The employer shall independently take such action consistent with laws or regulations, as they may require, in order to inform employees of their rights and obligations, as prescribed in the Civil Service Reform Act of 1978 and this Article.
Section 4. An employee is accountable for the performance of assigned duties and compliance with appropriate military department standards of conduct for Federal employees.
Section 5. a. If an employee has a disagreement concerning direct orders, policies, regulations, or a work assignment, he will carry out such disputed work assignments before resorting to the negotiated grievance procedure.
b. When an employee wants to see his union representative during working hours, that employee shall notify his immediate supervisor that he wishes to see the union representative. The supervisor shall promptly notify the union representative’s supervisor and request that the union representative be made available. If circumstances prevent permission to depart the work site at that time, the employee will be informed when such permission shall be granted. Contacts between employees and union representatives will normally take place in the immediate vicinity of the employee’s assigned work area.
Section 6. No employee will be discriminated against by either the employer or the union because of race, color, creed, religion, sex, national origin, age, marital status, physical handicap, or lawful political affiliation.
Section 7. Employees shall not engage in any activity, as members, officers, or representatives of the union, which are in conflict with their official responsibilities as Federal employees.
Section 8. Employees will not engage in, or involve co-workers in, private business or profit-making endeavors while on official duty time.
Section 9. While on duty, employees will comply with work rules and conduct themselves in a courteous manner.
UNION RIGHTS AND REPRESENTATION RESPONSIBILITIES: Section 1. The union is the Exclusive Representative of the employees and is entitled to act for, and negotiate collective bargaining agreements covering all employees. The union is responsible for representing the interests of all employees it represents, without discrimination and without regard to labor organization membership.
Section 2. The employer will recognize the duly elected local officers and officials/representatives designated by the union, including Stewards. The union will supply the employer in writing, and will maintain on a current basis, a list of the union officers and officials, including the Stewards’ areas of representation. The union may post the list of Local 1363 officers, officials, and/or Stewards on official bulletin boards as provided for in Article XXII Section 6.
Section 3. The union will be officially notified and provided an opportunity to be represented at all formal discussions between the employer and employees in the Unit as provided by law.
a. The union shall be given an opportunity to be represented at formal discussions between the employer and employees concerning grievances, personnel policies and practices, or other matters affecting working conditions of employees in the Unit. The appropriate employer representative will, if possible, notify the counterpart union representative at least six working hours before such formal discussion is held. The employer agrees to provide official time to union Representatives for such representational activities with those restrictions outlined in sections 5 and 7 of this Article. If a union representative is not available immediately, the employer will reschedule the meeting at a mutually agreeable time normally not to exceed 7 calendar days from date of request.
b. A union’s right to be present does not extend to –
(1) informal discussions between an employee and a supervisor;
(2) discussions between the employer and employees regarding matters included in Article III, Management Rights; and
(3) appraisals/ratings, personal matters, or counseling by supervisor concerning employees’ work, conduct, etc., unless provided for in this AGREEMENT.
Section 4. Where possible, the union will designate Stewards in the various organizations and/or geographic areas (camp, post, etc) having employees in the Unit.
Section 5. a. The employer will grant a block of 520 hours of official time during the first year of this agreement and 752 hours during the second, third and subsequent years of the agreement. The partnership council may address the need for additional hours, either informally or as a reopener to this agreement, as necessary.
b. UBT must be used in accordance with the following provisions:
(1) UBT may be used at any time during the fiscal year.
(2) UBT may not be carried over into the subsequent year.
(3) All use of UBT must be in accordance with all other applicable provisions of this AGREEMENT.
(4) Overtime will not be authorized for union officials or representatives while utilizing official time.
(5) Management will pay transportation expenses only to designated union officials who are employees and who are performing representational functions as specified in the Agreement. Travel and per diem will be paid to designated union officials who are employees and who are performing training, negotiating, and/or partnership functions as specified in the Agreement provided that the duty status is greater than 12 hours. Management will pay transportation expenses to designated union officials who are employees and who are performing training, negotiations, or partnership functions as specified in the agreement when the duty is less than 12 hours.
(6) Union representatives and their managers are expected to communicate with each other regarding the use of official time including approximate number of hours needed. Normally this will not exceed 20 hours per week. Management will provide guidance to Managers of union Officials and union Stewards concerning official time.
(7) UBT will be limited to the activities listed in paragraph e. below.
(8) Only bargaining unit members may use UBT.
c. In the event no official time remains in the UBT account during the year, additional UBT may be requested by the union from the Assistant Chief of Staff (ACofS), G-1, Civilian Personnel Division (CPD).
d. When, in the performance of representative or Steward duties, it is necessary for the union representative to leave the work site during working hours, that union representative will advise his supervisor of the nature of the business, as discussed below, and request permission to depart the work site. The union representative will
report to the immediate supervisor of the employee he is to visit upon entering the
work site, and report back to his own supervisor at the conclusion of this business. Normally such permission will be granted, workload and manpower requirements permitting.
e. A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership. The employer will grant official time to perform the following representational functions:
(1) Review Management’s proposals concerning negotiations and changes in policies, practices, and matters concerning working conditions.
(2) Perform general representational and contract administration functions.
(3) Receive, review, prepare, and present grievances.
(4) Handle administrative complaints of unit employees such as before the FLRA, MSPB, EEOC, GAO, etc.
(5) Prepare for negotiations.
(6) Conduct negotiations.
(7) Prepare labor relations related reports required by statute, regulation or management directive.
(8) Contact other union officers regarding aforementioned functions.
(9) Participation in Partnership Council meetings and initiatives.
(10) Visit, phone, and write to elected representatives in support of or opposition to pending or desired legislation that would affect working conditions of bargaining unit employees in accordance with conditions set forth in law and regulation.
f. It is agreed that activities concerned with the internal management of the union, and activities not specifically authorized by the terms of this AGREEMENT, shall be performed only during the non-duty hours of the union representatives and employees concerned.
g. Reporting Procedures.
(1) Requests for use of official time will be made by way of submission of an official time request/report (OTR) to the union representative’s supervisor. The OTR must be approved by the individual’s supervisor prior to departing the worksite. Supervisors will normally permit departure unless doing so will unduly disrupt work.
(2) Such official time should be shown on the time and attendance report as “administrative leave” time. Such time may be taken, and may be reported, in increments of 30 minutes.
(3) If official time is not authorized in accordance with the guidance cited above, the union representative may request annual leave or leave without pay in accordance with the regulation.
h. The Labor Relations Specialist (LRS) at the ACofS, G1, CPD will be responsible for the control and accounting of union Bank Time. When UBT is used, a monthly recap of time utilization will be provided to the union by the ACofS, G1, CPD LRS normally by the 15th of the following month.
Section 6. There shall be no restraint, coercion, or discrimination against any union official or representative because of performance of duties in consonance with this AGREEMENT and the Statute nor against any employee for filing a complaint or acting as a witness under this AGREEMENT, the Statute, or applicable regulations.
Section 7. The union agrees that all officers and all Stewards may receive and investigate, but will not solicit, complaints or grievances from employees. All arrangements for a representative must be made by the employee presenting the grievance or appeal.
Section 8. The employer agrees that officers or duly designated representatives of the union or its national office, who are not employees of the Activity, may be admitted to an installation upon request to the employer by the union. The union shall first inform ACofS, G1, CPD that such a visit is desired and the reason therefore not later than three weeks before the scheduled visit, if possible. The ACofS, G1, CPD will normally arrange with proper authorities for a letter of authorization to visit the installation. The letter of authorization must be carried at all times by visiting union officials. Such visits will be governed by appropriate service and USFK/EUSA security regulations. Additionally, union officials who are not employees of the Activity are subject to the limitations set out in this AGREEMENT concerning appropriate representational activities.
Section 9. Any union representative identified in Section 8 above shall not enter a designated security area, unless he has appropriate security clearance, and then only by making necessary arrangements with the proper official(s) in accordance with appropriate regulations.
Section 10. The union has the right to be present at any examination of an employee by a representative of the employer in connection with an investigation if the employee reasonably believes that the examination could result in disciplinary action against the employee and the employee requests such representation. The right to representation does not extend to informal, routine work site discussions, counseling sessions, or performance evaluations between employees and their supervisors. If a union representative is requested and present at the investigatory meeting, the representative is not entitled –
a. To answer on behalf of the employee;
b. To bargain with the representative of the employer regarding the results of the investigation; or
c. To interfere with the investigation.
However, this does not preclude the employee from consulting with the union representative present during the investigation.
DUTY TO BARGAIN AND SCOPE: Section 1. Subject to specific delegations of authority within the Department of Defense (DoD) and consistent with Executive Orders 12871 and 12391, negotiations may take place, at the election of the DoD, 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. In the event the Executive Orders are no longer in effect, the PARTIES agree to address management rights issues under partnership. The PARTIES have a duty to bargain on the conditions of employment affecting Employees in good faith.
Section 2. The duty to bargain in good faith shall, to the extent not inconsistent with Federal law or any government-wide rule or regulation, extend to matters which are the subject of any agency or primary national subdivision rule or regulation only if the FLRA has determined under 5 USC 7117(b) that no compelling need (as determined under regulations prescribed by the FLRA) exists for the rule or regulation.
Section 3. The PARTIES agree that they have the mutual obligation to each other to conduct labor-management relations in a manner that is fair and equitable. A primary goal of the PARTIES is the creation and maintenance of constructive and positive relationship.
Section 4. a. Meetings between the PARTIES shall occur, as the need arises, for the purposes of resolving or preventing problems and encouraging the amicable settlement of disputes. Such meetings shall be conducted in an atmosphere that will foster mutual respect.
b. Meetings shall be held at the lowest level possible and may be at request of either PARTY. Point of contact for such meetings shall be ACofS, G1, CPD. Specific item(s) for discussion should normally be provided in advance of the meeting by either PARTY, although items not submitted may be discussed if mutually agreeable.
Section 5. The employer and the union shall encourage their respective representative to seek mutually acceptable solutions of problems at the lowest levels.
Section 6. a. The employer will not unilaterally effect any changes which have substantial impact on past practices concerning negotiable issues not enumerated in this AGREEMENT, unless prompt action is required by the employer.
b. Any past practice which is found to be prohibited by laws, regulations, or policies of appropriate authorities, including agencies, primary national subdivisions, and the Activity, in existence on the effective date of this AGREEMENT, will be immediately cancelled.
c. Any past practice subsequently prohibited by laws, regulations, or policies of appropriate higher headquarters (that is, those enumerated in b above except the Activity), will be immediately cancelled.
d. Isolated cases where the employees are not treated in accordance with regulations or policies affecting the bargaining Unit will not constitute past practice or precedent.
Section 7. The PARTIES understand and agree that the filing of unfair labor practice (ULP) charges or the threatening to file ULP charges are not in the best interest of and conductive to harmonious labor-management relations. However, the PARTIES recognize that misunderstandings occur which can be resolved locally through frank and open discussions of the problem. The PARTIES, therefore, agree that prior to the actual filing of a ULP charge with the FLRA, the procedure described below will be followed. Except as otherwise provided in this AGREEMENT, this procedure shall be used for the consideration of all allegations based upon violation of 5 USC 7116 (other than subsection 7116(b)(7)).
Step 1. The charging PARTY will notify the other PARTY in writing of the alleged unfair labor practice. This will include a clear and concise statement of facts concerning the incident.
Step 2. The employer and the union will meet within 15 calendar days after receipt of the charge in an effort to resolve the issue. If the issue(s) can not be resolved at the meeting(s), the ULP charge may be filed.
REGULATION CHANGES: Section 1. In light of the decision rendered by the US Court of Appeals in the case of DoD v FLRA, 685 F2d 641, and the President’s issuance of Executive Order 12391, the following exclusive procedures are established.
a. Changes in the USFK regulations described below will be submitted to the union for review and comment. The union will be afford a minimum of two weeks to provide a response.
USFK Reg 210-60 ( Access To Duty-Free Goods)
USFK Reg 643-1 (Personal Property-Transactions Between SOFA Personnel
Entitled Duty Free Import Privileges in the Republic of Korea)
USFK Reg 643-2 (Personal Property-Transactions Between SOFA Personnel
and Personnel Not Entitled Duty Free Import Privileges in the Republic of Korea)
b. Either PARTY may request one or more meetings to discuss the changes. Such meetings will be on official time. At these meetings the PARTIES will make a good faith effort to discuss and resolve differences between the Activity’s views and those of the union. The time afforded to the union for responding to the anticipated change will normally be extended, when requested, to permit the union to respond to the events of that meeting.
c. The union’s final recommendations or comments will be submitted through the ACofS, G-1, Civ Pers Division and the proponent to the USFK Chief of Staff for consideration and decision. The Chief of Staff shall consider the union’s position before taking final action on any matter with respect to which the union has submitted comments and recommendations. The Activity shall advise the union, at least 7 work days in advance of implementation, of the reason(s) for taking final action which are inconsistent with union recommendations.
d. The union may, on its own initiative, submit recommended changes to the above cited regulations or policies. Such recommendation will be given the same consideration as Activity-initiated proposals.
e. The Activity agrees to provide to the union, at no cost, data relevant to anticipated changes (such as pre-existing record, studies, survey results, or clarifications of the Activity position) upon request.
Section 2. New or proposed changes to other Activity regulations that are determined to significantly impact on conditions of work or employment will be submitted to the union for review and the opportunity to negotiate in accordance with the Statute.
DISCIPLINE AND ADVERSE ACTIONS: Section 1. Discipline is defined for the purposes of this Article as any action taken against an employee that results in a letter of reprimand, suspension without pay, reduction in pay or grade, or removal from the USFK. Disciplinary actions against employees must be based on just cause, be consistent with applicable laws and regulations, and be fair and equitable.
Section 2. Disciplinary or adverse actions shall be initiated in accordance with applicable laws and respective service regulations.
Section 3. Before issuing a letter of reprimand to a notice of proposed disciplinary action, the official issuing the letter or notice, or his/her designee, will undertake preliminary inquiry to obtain pertinent facts relating to the disciplinary situation. The inquiry will include a discussion with the affected employee, except for unusual circumstances that render such discussion impracticable. The employee is entitled to union representation at all discussions and upon request must be given an opportunity to secure a representative. If involved in a discussion with management or a DoD investigator, the employee may terminate the discussion and be allowed adequate time to secure a representative. Once Management has been notified that the union is representing the employee in reference to a specific matter, Management will notify the representative of any additional meetings with the employee relevant to that matter. A sealed copy of any correspondence to the employee will be sent to the union representative through the Military Postal Service. Employees shall be notified of this right to representation annually by employer publications. Employees will have a reasonable amount of time, normally not to exceed 10 calendar days, in which to respond either orally or in writing to the proposed disciplinary action.
Section 4. The employee shall be informed of his grievance and appeal rights. An employee may use either the negotiated grievance procedure, or appeal to MSPB as provided by law, but can not use both procedures.
Section 5. If the employee grieves the decision, his representative shall be allowed to review the material relied upon to support the reasons in the notice, provided the representative presents proof of representation designation and, as required, the appropriate security clearance. If the representative does not have the degree of clearance required, the employee (and/or union) must either choose another representative or waive review of the classified material/matters by the representative.
ALTERNATIVE DISPUTE RESOLUTION: The PARTIES agree to use Alternative Dispute Resolution methods wherever possible. Alternative Discipline agreements may contain nontraditional penalties such as community service, donation of annual leave to the leave transfer program, use of leave without pay instead of suspensions or combinations of these or other agreed to alternatives. The option to enter into an alternative discipline agreement is voluntary on the part of the employee. When offered an Alternative Discipline agreement, the employee will be informed in writing that he or she may discuss the Alternative Discipline agreement with a union Representative before signing.
GRIEVANCE PROCEDURE: Section 1. The purpose of this Article is to provide for a mutually acceptable method for the prompt and equitable settlement of grievances. This Article provides the exclusive procedure available to the PARTIES and employees for resolving such grievances and for resolving questions or grievability and arbitrability where personal relief may be inappropriate. Except as otherwise noted in this Article, a “grievance” means any complaint by any employee concerning a working condition of the employee; by the union concerning any working condition of any employee; by any employee, the union, or the employer concerning –
a. Any matter involving the application or violation of this AGREEMENT,
b. Any matter pertaining to the interpretation and application of local policies and regulations not specifically covered by this AGREEMENT, or
c. Any matter involving local working conditions or practices.
Section 2. a. The PARTIES agree that every reasonable effort will be made to resolve all grievances at the lowest possible level. With this principle in mind, the union, the employees, and the employer will cooperate fully in the investigation and processing stages of all grievances.
b. Nothing in this section shall be construed to preclude an employee from discussing personal concerns with his supervisor prior to filing a grievance. However, such informal discussions will not serve to alter or extend specified time limits should the employee decide to file a grievance under this Article
c. Disputes as to whether a matter is grievable or arbitrable under the provisions of this AGREEMENT, if not resolved by the PARTIES, may be referred to arbitration as provided for in the appropriate Article of this AGREEMENT.
Section 3. The grievance procedure shall not apply to any grievance concerning –
a. Any claimed violation relating to Subchapter III of Chapter 73 of the Statute (relating to prohibited political activities);
b. Retirement, life insurance, or health insurance;
c. A suspension or removal for national security reasons;
d. Any examination, certification, or appointment;
e. The classification of any position;
f. An action taken in accordance with the terms of a formal agreement voluntarily entered into by an employee which: (1) assigns the employee from one geographical location to another, or (2) returns an employee from an overseas assignment;
g. Any action involving application of reduction in force procedures of the Department of the Army;
h. Career program actions under a Department of Defense, Department of the Army;
i. Non-selection for reassignment or promotion from a list of properly rated and ranked candidates;
j. Nomination for awards for employees;
k. Separation of employees serving a probationary or trial period;
l. Work assignments;
m. Assignment of tour of duty;
n. Non-adoption of a suggestion, the size of a suggestion award, disapproval of a quality salary increase, performance award or other kind of honorary or discretionary award;
o. EEO complaints;
p. Any matter where no personal relief is available.
Section 4. A grievance may be filed by an employee or a group of employees, by the union or by Management. Only the union or a representative designated by the union may represent employees in such grievances. However, any employee or group of employees may personally present a grievance and have it resolved without representation by the union provided that the union has an opportunity to be present at all formal discussions in the grievance process. Any resolution must be consistent with the terms of this Agreement.
Section 5. The following procedure shall apply in processing grievances covered by this Article. In those cases where the grievant can not use all steps of the three-step process, steps may be eliminated in order that the Final Deciding Official at Step 3 is within the Activity.
Step 1. The employee shall first present his grievance in writing and discuss the matter with the immediate supervisor. The employee’s allegation will specifically state the nature of the grievance, what provision of this AGREEMENT (if applicable) has been violated, and the corrective action desired. The supervisor will render a decision to the employee within 10 work days of the discussion. It is expected that most grievances will be settled at this Step. In order that a grievance may be processed under this procedure, it must be presented within 10 calendar days after the alleged violation has occurred. Such grievance will not be presented or considered at a later date. If satisfactory settlement is not reached, the employee may, within 5 work days following notification of the supervisor’s decision, submit his written grievance to the next level of supervision/management.
Step 2. The Deciding Official at that level will, within 10 work days, meet with the employee’s supervisor and the aggrieved employee to discuss the matter. The Deciding Official will render a written record, containing the consideration accorded the grievant(s), the conclusions reached, and his decision, to the PARTIES concerned within 10 work days after the discussion is completed. If the matter is not satisfactorily settled at this level, the employee may, within 5 work days of the receipt of the decision, submit the grievance to Step 3 with the written material of both Steps 1 and 2 attached. New issues not presented at Steps 1 and 2 will not be considered at Step 3.
Step 3. The grievance will be submitted by the employee or his union representative to the servicing Civilian Personnel Advisory Center (CPAC) for transmittal to the appropriate Final Deciding Official at this Step. The grievance must be in writing, stating the specific action being grieved, the nature of the grievance, the provision of this AGREEMENT (if applicable) in question, a summary of the actions taken at Steps 1 and 2, and the corrective action being sought. The Final Deciding Official shall render a decision in writing within 15 work days. In the event the decision at this Step is unacceptable, the grievance may be submitted to arbitration by the union.
Section 6. In order that the grievance be considered timely and processed under the procedure above, it must be filed at each Step within stated time limits. Failure of the grievant to observe time limits shall constitute withdrawal of the grievance. Failure of the employer to answer grievances within the time limits shall permit the grievant to refer the case to the next Step of the procedure.
Section 7. a. If two or more employees requesting representation by the union have substantially identical grievances and wish to pursue them under this Article, the union may select one employee’s grievance for processing or the union may join the grievances for processing as a union grievance in accordance with the procedures of Section 9 below, and the outcome of the grievance will be binding on the other grievant(s) concerned. When the provisions of this Section are to be invoked, the
union will so notify the employer in writing, concurrent with the initiation of the grievance. Such written notification will include the names of all grievants.
b. An employee may withdraw from a grievance filed under this Section in writing at any time. However, the employee may not then initiate the same or substantially similar grievance in his own name.
Section 8. Grievances between the PARTIES shall be processed in the following manner:
a. Any grievance of the union shall be submitted in writing to the employer through ACofS, CPD.
b. Any grievance of the employer shall be submitted in writing to the union President or designated representative.
c. Within 10 calendar days after receipt of the grievance by either PARTY, the union President or designated representative and the employer’s designated representative will meet to resolve the grievance. If the grievance is resolved at such meeting, the PARTIES will execute a memorandum of agreement setting forth the resolution. If the grievance is not resolved, the PARTY to whom the grievance was submitted shall forward its decision to the grieving PARTY within 10 calendar days after the meeting.
d. If such decision is unacceptable, the grieving PARTY may, within 10 calendar days after receipt of the decision, submit the grievance to arbitration.
Section 9. An employee grieving a reduction in grade or removal because of unacceptable performance or an adverse action appealable under statute, may raise the matter under the statutory procedure or the negotiated grievance procedure, but not both. An employee shall be deemed to have exercised his option at such time as the employee timely initiates an action in writing or timely files a grievance in writing in accordance with this Article. Grievances based on reductions in grade or removal because of unacceptable performance or on adverse actions will be submitted to Step 3 of the negotiated grievance procedure.
Section 10. It is agreed that the time limits described above may be extended by mutual agreement.
Section 11. The following procedures are established for the cancellation of grievances. A grievance will be canceled –
a. At the employee’s written request addressed to the Deciding Official (the union will be advised of the employee’s request.); or
b. Upon termination of the employee’s employment with the Activity, movement to another organization, or rotation from overseas, unless the personal relief sought by the employee may be granted after such action.
Section 12. Not more than two hours of official duty time will be allowed for employees to discuss and prepare for grievances, excluding meetings with employer officials. Employees will be allowed one hour after each subsequent Step where the employee is required to make a decision.
ARBITRATION: Section 1. a. If the final decision of the employer at Step 3 of the grievance procedure outlined in Article X is unsatisfactory, then the union may refer the grievance to binding arbitration. In this event, the union shall notify the employer in writing within 20 working days after receipt of the employers decision at Step 3, the binding arbitration of the grievance is desired.
b. Disputes between the employer and the union, including matters of grievability and arbitrability which are not resolved through Article X, Grievance Procedure, may be submitted by either PARTY to arbitration in accordance with the provisions of this Article.
Section 2. Within 10 work days from the date either PARTY receives written notification from the other PARTY, representatives of the PARTIES shall meet for the purpose of endeavoring to agree on the selection of an arbitrator available in Korea. If one is not available in Korea, or if agreement cannot be reached, then either PARTY may request the Federal Mediation and Conciliation Service to submit a list of five impartial persons qualified to act as arbitrators. The PARTIES shall meet within 10 work days following receipt of such list. If they cannot mutually agree upon one of the listed arbitrators, then the employer and the union will each strike off one name from the list of five and shall then repeat this procedure. The person whose name remains on the list shall be the duly selected arbitrator. The PARTY requesting arbitration shall make the initial strike-off.
Section 3. The arbitrator’s award shall be binding on the PARTIES except that the union or the employer may file an exception to the award with the Federal Labor Relations Authority (FLRA) under regulations prescribed by the Authority. If upon review the Authority finds that the award is deficient because it is contrary to any law, rule, or regulation, or on other grounds similar to those applied by Federal courts in private sector labor-management relations, the Authority may take such action and make such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations. If no exception to the arbitrator’s award is filed during the 30-day period beginning on the date the award is served on the PARTY, the award shall be final and binding and will be implemented. The awarding of attorney fees, if any, by the arbitrator is governed by 5 USC 5596(b).
Section 4. The PARTIES will equally share payment of the fee, per diem, and ordinary travel allowances of the arbitrator. The employer will pay any additional travel expenses that may result from the overseas location of the installation in accordance with joint travel regulations and subject to availability of funds, e.g. fiscal appropriations.
Section 5. a. Where this AGREEMENT cites policies or regulations of higher authority or quotes portions of those policies or regulations, they will not be subject to interpretation except by the proponent of such matters.
b. Violations of the procedural provisions of this AGREEMENT shall not require reversal by an arbitrator unless the aggrieved PARTY shows that the violation could have had an effect on the outcome of the proceeding or decision.
EQUAL EMPLOYMENT OPPORTUNITY: Management and the union will cooperate in providing equal opportunity for employment, training, and promotion of all personnel and will not discriminate because of age, race, sex, religion, color, national origin, handicap, or other non-merit factors. The PARTIES agree to cooperate in providing equal opportunity for all personnel in the implementation of USFK and union programs.
PRODUCTIVITY: Section 1. The PARTIES recognize that productivity growth is a key to the maintenance of a good competitive position and stability of the work force.
Section 2. It is agreed that more efficient use of labor and resources will result in increased productivity. To this end, the PARTIES agree to make every effort to reduce waste, conserve materials, safeguard employees’ health, prevent accidents, discourage unplanned absences, and encourage on-the-job improvement and suggestions for greater efficiency through practical and mutually beneficial means.
Section 3. To help eliminate lost productive time, the union will actively encourage employees to reduce tardiness and to use sick and annual leave in a responsible manner by avoiding unnecessary unplanned absences that may result in rescheduling of work, shuffling of personnel, increased costs, and/or delays in job accomplishment.
POSITION DESCRIPTIONS: Section 1. Each employee will have a position description that is accurate as to the title series and grade that clearly states major duties as reflected in performance elements. A position description is deemed to be accurate when the principle duties, knowledge, requirements, and supervisory relationships are described and it covers eighty (80%) or more of the work situation. The position description will be reviewed annually by the employee and work supervisor in conjunction with the annual performance review, and revised as required. Position descriptions must conform to law and regulations.
Section 2. Position Description Review Procedure - employees who feel that they are performing duties outside the scope of their position description or that it is otherwise inaccurate, may make a written request to their immediate supervisor that the position be reviewed. The employee will make a summary of the inaccuracies and or additional duties not described. The employer will then review the position description and present its findings to the employee within 45 days of the employee’s request for review. The reviewer will consider the employee’s written and oral comments in conducting such reviews. The employee may have union representation during any discussions related to the review. If the employee is not satisfied with the results of the review, he or she may grieve in accordance with Article X.
Section 3. Position Classification Review Procedure - when the accuracy of a position description has been established and the employee believes he/she has not been properly classified, the employee may request in writing a position classification review from management outlining a reason for the request and/or rights and process for appeal from Management. If the employee requests a position classification review from Management, Management’s intent is to make the review within sixty (60) days of the employee’s request for review. The Manager, in exercising his/her classification responsibility, will consider the employee’s written and oral comments. The employee may have union representation during any discussions related to the review. The findings will be reported in writing to the employee no later than ninety (90) days from the date of the employee’s request for review. The employee may use the Office of Secretary of Defense or the Office of Personnel Management classification appeal procedures.
Section 4. Time limits outlined in this article may be extended for reasonable cause. Such a decision will be reached by Management only after consultation with the appropriate union official.
STAFF DUTY OFFICER AND ON CALL DUTY OFFICER: Section 1. Staff Duty Officer.
a. Personnel required to perform as staff duty officer at the work site will be notified at least 5 full work days in advance unless emergency conditions preclude this. In emergency situations, personnel will be notified verbally and/or in writing as soon as is practicable. If advance notice is not provided during the preceding administrative work week or earlier, irregular overtime provisions apply.
b. When performance as staff duty officer requires a different tour of duty than normal work hours, the new tour of duty will be described in the notification. Hours of work in excess of 8 hours per day or 40 hours per week will be avoided if possible. Situations requiring 4 hours of work on Saturday will require adjustment of the tour of duty for the work week preceding that day so as to provide for working only 40 hours during the Sunday through Saturday work week.
c. When rescheduling the tour of duty is not practical or appropriate, employees will be paid overtime or given compensatory time off for the hours worked in excess of 8 hours a day or 40 hours a week in accordance with applicable regulatory guidance. If the regulatory guidance permits compensation by either overtime pay or by compensatory time, the choice will be at the employee’s option.
d. In accordance with applicable regulatory guidance, personnel who are required to return to their work site to accomplish these duties after completing their scheduled tour of duty will be granted 2 hours call back overtime or overtime in the amount worked, whichever is greater. When regulations permit, overtime pay or compensatory time off, at the employee’s option, will be granted.
Section 2. On-Call (Standby) Duty Officer.
a. Personnel will be notified in writing at least 5 full work days in advance of duty unless emergency conditions preclude this. In emergency situations personnel will be notified verbally and/or in writing as soon as is practicable.
b. Personnel serving as on-call duty officer will be permitted to travel freely within the commuting area provided they inform the duty officer(s) of a telephone number where they can be contacted or remain within range of their paging receiver.
c. Personnel involved in performing their duties telephonically for 15 minutes or longer will be compensated, at their option, with overtime or compensatory time off in accordance with applicable regulatory guidance.
d. In accordance with applicable regulatory guidance, personnel who are required to return to their work site to accomplish these duties after completing their scheduled tour of duty will be granted 2 hours call back overtime or overtime in the amount worked, whichever is greater. When regulations permit, overtime pay or compensatory time off, at the employee’s option, will be granted.
HEALTH AND SAFETY: Section 1. The employer will make reasonable efforts to provide and maintain safe working conditions for all employees. The union will cooperate with employer to encourage employees to work in a safe manner.
Section 2. a. Both PARTIES recognize the importance of personal protective clothing, equipment, and necessary instruction when employees must perform work that requires protective measures. To the extent required by law and applicable regulations, the employer agrees to furnish protective clothing, equipment, and the necessary instruction to employees performing work that requires protective measures.
b. The union shall encourage employees to work safely and to report any observed unsafe or unhealthy conditions to the employee’s immediate supervisor. Stewards and other representatives of the union, in the course of performing their normally assigned responsibilities, are encouraged to observe and report unsafe practices, equipment and conditions, as well as environmental conditions, in their immediate areas that may represent health hazards.
Section 3. a. Employees should report to their supervisor, within 24 hours, all injuries or illnesses that occur on the job.
b. The employer will, as soon as possible, supply the employee with copies of the appropriate Office of Workers’ Compensation Program (OWCP) forms.
c. The employer shall process and promptly forward to OWCP, employee and employer documentation required when an employee sustains an on-the-job injury or contracts an occupational disease and elects to file a claim.
Section 4. The union will take positive steps to discourage the abuse of sick leave and to counsel employees regarding the problems incident thereto.
Section 5. The union will actively support and encourage employee participation in employer blood drives, immunization campaigns, and other similar programs.
INCENTIVE AWARD: Section 1. Policy. The PARTIES agree that the employee suggestion, incentive, and performance award programs are beneficial to both Management and the employee. The Awards Program will be administered in accordance with 5 CFR Parts 451, 430, and 531 and appropriate departmental guidelines. It is an appropriate matter for a Labor Management Partnership Council periodically to evaluate and review the Unit’s Award Program and make recommendations to ensure the administration of the program is fair and understandable. The union president or designee will be a voting member on Incentive Awards Boards.
Section 2. Employee Recognition. An award is something bestowed or an action taken to recognize and reward individual or team achievement that contributed to meeting organizational goals or improving the efficiency, effectiveness, and economy of USFK operations or that is in the public interest. Awards may have the effect of motivating employees to increase their productivity and creativity for the benefit of the agency and its customers. Awards programs will be fair in opportunity, and there must be fairness in the distribution of awards.
Section 3. Management will provide annually on the first pay period of the calendar year a list of awards given by the unit. This list will include type of award, monetary amount and locations. Upon request management will provide a summary of accomplishments and additional information. All information provided under this section will be consistent with the Privacy Act.
Section 4. Managers are encouraged to consider the use of time off awards to deserving employees as part of an overall awards program. Time off awards are an appropriate mechanism to reward performance. The criteria for time off awards are set forth in EUSA Pamphlet 672-30. Time off awards may be given in conjunction with monetary awards and honorary awards. Bargaining unit members, including those employees with transportation agreements, and local hires, are eligible for recognition with time off awards.
Section 5. Policy.
a. EUSA, ACofS, G-1 promulgate award guidance to managers, CPOC and employee’s servicing CPACs.
b. CPACs provide award information at employee newcomer orientation briefings.
c. Managers are required to counsel employees regarding awards (monetary and honorary) criteria and recognize employees within their organizations according to those criteria. Managers will highlight awards for which the employee is eligible during the rating period.
TRAINING: Section 1. The objective of the employee development program is to provide the organization with an up-to-date, efficient workforce. Therefore, training should be provided when it meets the employee’s and organizational needs. The supervisor should determine training needs based upon such factors as: employee information, functions and requirements of the organization, new technology and equipment, and regulatory and legal requirements. Training may be provided within the availability of resources such as funds, materials, personnel and training facilities.
Section 2. The employees shall be encouraged to discuss their training interests with their immediate supervisors.
LEAVE: Section 1. A. An employee has a right to take annual leave subject to requesting it properly and subject to the right of the Activity to fix the time when it may be taken. The Activity is not obligated to approve a request made either in advance or on an emergency basis if it requires the employee’s services during the period for which leave is requested, no matter how valid the reasons for the request. Due consideration should be given to employee’s requests for consecutive weeks of annual leave.
b. For employees to obtain supervisory approval of annual leave when requested, employees should –
(1) Schedule long periods of annual leave for vacations, tours, etc., as far in advance as possible. Normally leave for a period of one week or more is scheduled at the beginning of the leave year to allow supervisors an opportunity to plan for the absence;
(2) Request short periods of annual leave as far in advance as possible;
(3) Limit requests for leave without advance notice to the supervisor to emergency situations.
Section 2. a. Sick Leave for Illness or Injury. An employee is entitled to use accrued or accumulated sick leave when incapacitated by illness, injury, or pregnancy; receiving emergency medical treatment; or exposed to a contagious disease that would jeopardize the health of others. Supervisors have the discretion to determine the nature of medical evidence required to support an employee’s claim of illness or injury. Normally a statement by the employee is considered adequate evidence. However, when sick leave requests extend beyond three days or where sick leave abuse is suspected, the employee may be required by the supervisor to provide proof of incapacitation.
b. Sick leave for medical and dental appointments. Supervisors should be notified by employees of their intent to make medical or dental appointments to avoid a conflict with work. Then leave for medical and dental appointments should be requested as soon as the appointments are scheduled. Normally leave for medical and dental appointments will be approved; however, the supervisor may deny the leave request for such reasons as conflict with accomplishment of work.
c. Substitution of Annual Leave for Sick Leave. When an employee is incapacitated for duty or has a medical or dental appointment, annual leave may be requested by the employee in lieu of sick leave.
d. As provided in Public Law 103-388 of 22 October 1994, employees can use their sick leave for family members who have conditions for which an employee would qualify for sick leave for himself or herself, if afflicted personally. All employees are allowed to use at least 40 hours (5 work days) of sick leave per year for this purpose, with a maximum limit of 104 hours (13 work days). In order to use more than the 40 hours an employee must maintain a balance of at least 80 hours of sick leave (10) work days for their personal use.
EXTENSION OF OVERSEAS EMPLOYMENT: Section 1. The Department of Army Reg 690-300 Rotation Program governs extensions of overseas tours for civilian employees. Extension of an employee’s tour is not an employee’s right; rather; it is a management tool, which may be initiated only by management. Management’s decisions on any matter related to extensions of overseas tours are not grieveable.
Section 2. Managers are strongly encouraged to engage in constructive dialogue with employees to inform employees of the criteria used in deciding whether to offer an overseas tour extension. Managers are strongly encouraged to engage in this dialogue at appropriate times, prior to the expiration of the employee’s current tour. This dialogue may take the form of written counseling, oral counseling, or discussions in connection with the employee’s performance evaluation. Managers are strongly encouraged to communicate a decision not to offer an overseas extension in writing. Such action should explain the manager’s rationale as to why the employee will not be recommended for an extension.
Section 3. While not a grievable matter, a manager’s failure to engage in the type of dialogue or actions described in paragraph 2 could be construed as a serious breakdown in the employer-employee relationship, as well as the labor-management relationship. Management will inform and educate managers on the appropriate criteria regarding decisions on overseas tour extensions. It is explicitly understood that the decision regarding an overseas tour extension should not be used to coerce an employee or in anyway be construed as a threat.
Section 4. The Partnership Council is the appropriate forum to address any matters or concerns raised by the union, under this article. Management may review any issues raised by the union and take any appropriate measure that management, in its sole discretion, deems appropriate.
MOBILIZATION AND EMERGENCIES: Section 1. The PARTIES recognize the impact of conducting periodic exercises to enable the employer to respond to emergencies. When possible, the employer agrees to advise on, and discuss, such specific exercises and training activities with the union.
Section 2. Both the union and the employer will actively support participation by mobilization volunteer employees in specific exercises and training activities (such as, but not limited to, Team Spirit and Ulchi Focus Lens).
Section 3. The employer agrees to provide bargaining unit members designated as “emergency essential” with the same equipment as it provides to military personnel in similar situations, subject to the availability of funding. The employer agrees to act in good faith to request funding to procure such equipment. The union president or designee will be afforded an opportunity to attend in process reviews to emphasize safe working conditions of these employees until procurement of said equipment is complete.
OFFICIAL FACILITIES AND SERVICES: Section 1. Approximately 180 square feet of office space will be made available for use by the union as their office in Seoul and 180 square feet of office space will be made available in Taegu within 90 days from the effective date of this Agreement. Heat, electrical service, and a class B telephone service with two telephones will be provided at no cost to the union. The employer will make available 1 office desk, 1 typing desk, 3 chairs, and 1 computer with secure hard drive, email access, and 1 lockable file cabinet at each location. The union may use the CPD copying machine to reproduce documents that are to be used for labor-management business. Reproduction of internal union business documents will be at the union’s expense and not on a government copying machine.
Section 2. Internal Distribution Service. The internal distribution service of the employer shall be available for use by the union in carrying out its labor-management activities with the employer.
Section 3. Copies of Agreement. Copies of this AGREEMENT will be furnished to all Unit employees, supervisory and management personnel, and new employees. One hundred copies of the AGREEMENT will be furnished to the union for its use. The cost of printing and distributing this AGREEMENT shall be borne by the employer.
Section 4. Libraries. The union shall have full use of all employer-maintained libraries of laws, decisions, regulations, and reference materials. These libraries include, but are not limited to, the Judge Advocate law library, the Adjutant General reference library, and the Seoul and Taegu CPAC libraries of civilian personnel regulations and related decisions.
Section 5. Mail Delivery Service. General delivery mail service will be made available for mail addressed to NFFE Local 1363, PSC 450, BOX 381, APO AP 96206-0381.
Section 6. Bulletin board space for posting notices and literature limited to NFFE use will be available at each CPAC location where there is a civilian employee information bulletin board. The material will not contain material that reflects negatively on the US Government and the employer or its personnel. The union will have sole access to the bulletin board and will control its content.
Section 7. The union president or designee will have access to DSN control numbers. Union President will maintain telephone log. Control log access will be made available upon request by USFK. Use of phone lines for union business is not authorized if the use concerns internal union business.
ORIENTATION OF NEW EMPLOYEES: Section 1. Normally, new employees shall be informed by the employer that the union is the Exclusive Representative of the employees in the Units. Each new employee shall receive a copy of this AGREEMENT from the employer, together with a list of the officers and representatives of the union that is on file with the employer.
Section 2. The employer shall furnish to the president of the union, on a quarterly basis, the following information regarding all new employees in the Units.
a. Full name.
b. Position title and grade.
c. Organizational address, including APO number.
d. Date entered on duty.
PUBLIC RELATIONS: Union representatives will have access to Armed Forces Network for announcements.
UNION DUES, VOLUNTARY ALLOTMENT OF: The employer shall continue to deduct union dues from the pay of employees in the bargaining Unit, subject to the following provisions:
Section 1. The union shall be responsible for insuring that the allotment form is purchased and made available to eligible members and shall insure that employees are fully informed and educated concerning the program for payroll deduction of union dues, its voluntary nature, the uses of the required forms, and the procedures for revocation of allotments.
Section 2. The union president, or other authorized officer of the union, will certify on each SF 1187 that the employee is a member in good standing in the union, insert the amount to be withheld, and submit the completed forms and employee statements to the servicing CPAC for validation of bargaining Unit status. The servicing CPAC will review the SF 1187 to determine bargaining Unit status, and forward, if appropriate, the action to the servicing civilian pay officer.
Section 3. The union president or other authorized officer of the union shall notify the servicing CPAC(s) when the union’s dues structure changes. Such a change may not be effected more than once in each calendar year.
Section 4. Allotments will be effective at the beginning of the first full pay period after receipt of the SF 1187 by the servicing civilian payroll officer, and remain in effect for at least one year, if the employee remains eligible for dues withholding.
Section 5. The union will promptly notify the servicing CPAC, in writing, when a member of the union is expelled or suspended.
Section 6. The employer agrees to have the payroll servicing office provide a dues deduction check for each pay period as deductions are made, and forward it to the officer specified by the union. The check will be for the total amount of dues withheld during that pay period.
Section 7. The union president will immediately notify the appropriate servicing CPAC, in writing, of any change in the name and/or address of the financial officer of the union.
Section 8. The servicing civilian payroll officer will submit, with the dues deduction check, an alphabetical listing of the names and the amounts withheld for each employee.
Section 9. An employee may voluntarily revoke an allotment for the payment of dues by filling out the appropriate form (“Revocation of Voluntary Authorization for Allotment of Compensation for Payment of employee Organization Dues,” SF 1188) and submitting it directly to the servicing civilian payroll officer. After receipt of such notice by the servicing civilian payroll officer, the revocation will be effective at the beginning of the first pay period following one year from the original date the employee authorized dues withholding, or only at intervals of one year thereafter, if the allotment has been in effect for over one year.
PAYMENT OF FUNDS: Section 1. As required by Public Law 104-134, Debt Collection Act of 1996, all payments of federal funds to include salary, awards, and travel payments made to employees will be by Electronic Funds Transfer.
Section 2. Until December 31, 1998, employees who certify in writing that they do not have an account with a financial institution or an authorized payment agent will be exempt from this requirement.
PREVIOUS AGREEMENTS: This AGREEMENT supersedes all previous ad hoc and settlement agreements entered into by the PARTIES which are inconsistent with this AGREEMENT.
DURATION OF AGREEMENT: Section 1. This Agreement will become effective 30 days from the date of execution of this Agreement subject to Agency approval. The duration of this Agreement will be for three years from the date of execution of the Agreement. It will remain in effect for yearly periods thereafter, automatically renewing itself on the day after the anniversary of the termination date, unless either PARTY serves the other with written notice, not more than one hundred five (105) calendar days nor less than sixty (60) days prior to expiration date of its desire to terminate or modify this Agreement.
Section 2. Except as provided for in this Article, for the first 18-month period following approval of the AGREEMENT, it may be opened at any time, by mutual consent, for amendment or supplementation.
a. Such request must include a summary of the change(s) being proposed. Upon mutual consent representatives of the PARTIES shall meet within 20 work days after receipt of the request to discuss and negotiate the matter. No matters shall be considered at such meeting other than those directly related to the subject of the proposed amendment or supplementation.
b. Any amendment or supplementation on which AGREEMENT is reached shall be duly executed by both PARTIES and will become effective upon Agency approval.
Section 3. The PARTIES declare that the provisions of this AGREEMENT are severable. It is the intent of the PARTIES that this AGREEMENT shall remain in full force and effect notwithstanding the invalidity or inoperability of any provision.
a. If any provision of this AGREEMENT is disapproved by higher authority, the remainder shall remain effective, and the PARTIES shall meet promptly to reopen the negotiations, but only with respect to the provisions involved.
b. After the effective date of this AGREEMENT, changes in this AGREEMENT which are required by law, regulation, or policy issued by higher authority shall be placed in effect without respect to the provisions of this AGREEMENT.
c. Should any provision of this AGREEMENT be declared invalid by a court or board of competent jurisdiction, such portion shall be suspended and the remainder of this AGREEMENT shall continue in full force and effect. The PARTIES shall, upon demand, meet promptly to negotiate, if possible, the replacement of this specific provision.
d. If, at any time thereafter, a provision once disapproved or declared invalid shall be valid, then the provision as originally embodied in this AGREEMENT shall be restored in full force and effect.
NFFE LOCAL 1363
The PARTIES to this agreement endorse a Labor Management Partnership Council.
The following general principles apply:
¨ The PARTIES serve as full Partners to identify problems, craft solutions and make recommendations to the commander to better serve the Agency’s employees, customers, and mission.
¨ The members of the Partnership Council are the designated representatives of Management and the Union at the appropriate level.
¨ The Partners will determine the size and composition of the Partnership Council. Each Partner will choose its own representatives.
¨ The PARTIES will use problem solving techniques such as interest based negotiations, alternative dispute resolution and when possible pre-decisional involvement to develop recommendations.
¨ The Partnership Council may consider any issue, but are subject to applicable laws, regulations, and this Agreement.
¨ If consensus cannot be achieved within the Partnership context, the PARTIES, jointly or individually are free to proceed to other issue resolution processes as appropriate.
¨ The purpose of this council will be to discuss the administration of this agreement and other matters of concern such as RIF, Incentive Awards, EEO, Contracting Out, and training as defined by the PARTIES. The Partnership Council is established through the negotiation process and will be dissolved only through negotiations.
In witness whereof, the PARTIES hereto have executed this written agreement on this day, 6 January 1998.
FOR THE UNION: FOR THE EMPLOYER:
ESTER M. LESANE RANDOLPH W. HOUSE
PRESIDENT LIEUTENANT GENERAL, USA
NFFE LOCAL 1363 CHIEF OF STAFF
UNITED STATES FORCES KOREA
SEAN SAFFORD THOMAS. J. RINI
CHIEF NEGOTIATOR COL, USA
NFFE CHIEF, JOINT US MILITARY
AFFAIRS GROUP, KOREA
WARD S. NIHISER DANIEL H. FRENCH
MEMBER, NEGOTIATING TEAM COL, IN
ENRIQUE E. JONES WALTER FOLGER
MEMBER, NEGOTIATING TEAM MEMBER, NEGOTIATING TEAM
TILLMAN D. MOSES
MEMBER, NEGOTIATING TEAM
CAROLYN M. MCGEE
MEMBER, NEGOTIATING TEAM
Approved by the Department of Defense
on 14 January 1998.