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AG R E E M E N T
between
National Federation of Federal
Employees (NFFE)
Local 2097
and
Aviation System Standards
Flight Inspection Maintenance
Division
(AVN-300)
located
Oklahoma City, Oklahoma
and
Atlantic City, New Jersey
TABLE
OF CONTENTS
Article
Title
Preamble
1. Recognition and
Coverage
2. Rights of
Employees
3. Management
Rights
4. Communication
and Labor - Management Cooperation
5. Grievance
Procedure
6. Arbitration
7. Use of Official
Facilities
8. Union
Representation and Official Time
9. Dues
Withholding
10. Bargaining During the Term
of the Agreement
11. Hours of Work
12. Leave Without Pay (LWOP)
13. Excused Absence for Union
Sponsored Training
14. Annual Leave
15. Sick Leave
16. Leave for Special
Circumstances
17. Premium Pay
18. Position Descriptions
19. Requests for Reassignment
20. Promotions
21. Temporary Promotions,
Details, Loans, and Reassignments
22. Performance Appraisals
23. Training and Development
24. Equal Employment
Opportunity
25. Travel - TDY
26. Aircraft Support Trips
27. Commercial Activity
28. Occupational Safety and
Health
29. Smoking
30. Employees Right to Privacy
31. Testing for Illegal Drugs
and Alcohol - Employees Assistance
Program
32. Disciplinary and Adverse
Actions
33. Reduction in Force (RIF)
34. Furloughs for Less Than
Thirty (30) Days
35. Participation in Wage
Surveys
36. Quality Initiative
37. Partnership Principles
38. Effective Date and Duration
_______________________________________________________
PREAMBLE
Pursuant to the finding of Congress in Chapter 71 of Title 5 of the U.S. Code
that labor organizations and collective bargaining in the Civil Service are in
the public interest, the following Articles constitute an agreement between the
Aviation System Standards, Flight Inspection Maintenance Division (AVN-300),
located in Oklahoma City, Oklahoma, and Atlantic City, New Jersey, hereinafter
referred to as the Employer, and the National Federation of Federal Employees (NFFE),
Local 2097, hereinafter referred to as the Union. The Employer and the Union
will be collectively referred to as the Parties.
ARTICLE 1
RECOGNITION AND COVERAGE
SECTION 1. The Employer hereby recognizes the Union as the exclusive
bargaining representative in the unit consisting of all nonprofessional
employees of the AVN Flight Inspection Maintenance Division (AVN-300), located
at the Mike Monroney Aeronautical Center in Oklahoma City, Oklahoma, and the
Federal Aviation Administration (FAA) Line Station Maintenance Branch located in
Atlantic City, New Jersey. Other employees of the AVN Flight Inspection
Maintenance Division (AVN-300), for whom the Union may be certified as the
exclusive representative shall be covered by this Agreement.
SECTION 2. Excluded from the unit defined in Section 1 of this Article
are professional employees, confidential employees, management officials,
supervisors, and employees engaged in Federal personnel work in other than a
purely clerical capacity described in Title 5, U.S. Code (USC)
7112(b)(2)(3)(4)(6) and (7).
ARTICLE 2
RIGHTS OF EMPLOYEES
SECTION 1. It is agreed that each employee shall have the right to
form, join, or assist any labor organization, or to refrain from any such
activity, freely, and without fear of penalty or reprisal, and each employee
shall be protected in the exercise of such right. Except as otherwise provided
under this Article, such right includes the right:
a.
To act for a labor organization in the capacity of a representative and
the right in that capacity, to present the view of the labor organization to
heads of agencies and other officials of the executive branch of the Government,
the Congress, or other appropriate authorities; and,
b.
To engage in collective bargaining with respect to conditions of
employment through representatives chosen by employees.
SECTION 2. The Parties recognize the rights of employees described in
Chapter 71, Title 5 USC, and this Article, and agree that no interference,
restraint, coercion, or discrimination will be practiced to encourage or
discourage membership in a labor organization. This Article does not authorize
participation in the management of a labor organization or acting as a
representative of a labor organization by a management official, a supervisor,
or a confidential employee, except as specifically provided in Chapter 7 1,
Title 5 USC, or by an employee if the participation or activity would result in
a conflict or apparent conflict of interest or would otherwise be incompatible
with law or with the official duties of the employee.
ARTICLE 3
MANAGEMENT RIGHTS
SECTION 1. (a) Subject to Sub Section (b) of this Article, nothing in
this agreement shall affect the authority of any management official of the FAA-
(1)
To determine the mission, budget, organization, number of employees, and
internal security practices of the agency; and
(2)
In accordance with applicable laws-
(A) 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;
(B) To assign work, to make determinations with respect to
contracting out, and to determine the personnel by which agency operations shall
be conducted;
(C) With respect to filling positions, to make selections for
appointments from --
(i) Among properly ranked and certified candidates for promotion; or
(ii) Any other appropriate source; and
(D) To take whatever actions may be necessary to carry out the
agency's mission during emergencies.
(b) Nothing in this Article shall preclude any agency and any labor
organization from negotiating-
(1) 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;
(2) Procedures which management officials of the agency will observe
in exercising any authority under this section; or
(3) Appropriate arrangements for employees adversely affected by the
exercise of any authority under this section by such management officials.
SECTION 2. The Employer agrees to conform to the spirit and intent of
merit system principles, avoiding any preferential or derogatory treatment of
individual employees based on personal relationships and will not exercise
management rights in an arbitrary and capricious manner.
ARTICLE 4
COMMUNICATION AND
LABOR-MANAGEMENT COOPERATION
SECTION 1. Upon request of either party, the Union President and First
Vice-President or designee(s) shall meet with the Manager and Assistant Manager
of AVN-300, or designee(s), by arrangement and mutual agreement between the
Parties. The President of Local 2097 will normally be the point of contact for
communication. Either party will designate in writing to the other, within ten
(10) working days, when there is a change in the name of the person who will
serve as its point of contact for the scheduling of meetings to discuss matters
of mutual interest.
a.
It shall be the responsibility of the party requesting the meeting to
identify, at the time of request, major items it wishes to discuss. Such contact
may be made in writing or by telephone whichever method is agreeable and
scheduled at convenient times and places agreed to by the parties.
b.
Meetings between the Parties will be conducted during the basic tour of
duty of AVN-300 management and Union representatives. The number of Union
representatives who will be granted official time to participate in such
meetings, if otherwise in a duty status, shall be equal to the number of AVN
Supervisors or Managers participating; in no event shall such number be less
than two.
c.
It shall be the responsibility of the management official contacted to
inform the Union of the identity and number of persons in addition to the
management persons mentioned in Section 1 of this Article who will attend and
their purpose for attendance.
d.
The Union will be allowed to name additional representatives to attend
the meeting if more than two management officials from AVN-300 are to attend.
SECTION 2. Meetings between Union representatives and management
officials below Division level will be scheduled on an informal basis at agreed
to times and places.
SECTION 3. The Employer will, upon request of the President of Local
2097 or a designee, furnish the Union with a current list of the names, position
titles, grades, and organizations, of employees in AVN-300. These requests may
be made on a quarterly basis but no more than five times a year.
SECTION 4. The Employer and the Union recognize that local and
national health, welfare, and emergency relief organizations depend upon
voluntary contributions for successfully achieving their objectives. The Parties
agree that employees should be encouraged to participate in authorized charity
drives. However, in no case, shall the Employer or the Union coerce any employee
to contribute unwillingly to any charity.
SECTION 5. The Employer will inform each unit employee that NFFE Local
2097 is the exclusive representative. The Union representative will be provided
up to twenty (20) minutes during orientations for new unit employees to explain
the role and responsibilities of the Union. This time may be extended upon
mutual agreement and necessity. The Management representative will leave during
the Union orientation phase. The Union representative shall be allowed official
time for this presentation and will be notified in advance of orientation times
and places. The President of Local 2097 or a designee will be the person
notified who will name the Union representative to attend the orientation
meeting.
SECTION 6. The Employer will provide to individual employees, upon
request, a copy of the NFFE Health Benefit brochure during open season.
SECTION 7. The Employer shall print and distribute copies of the
negotiated agreement in booklet form to insure every employee in the bargaining
unit will have a copy. A sufficient number of copies shall be printed to include
distribution to new employees as hired, and to supply the Union with no less
than 65 copies. The cost of printing and distribution shall be borne by the
employer.
SECTION 8. The Union will attempt to promote faithful and efficient
work performance by employees within the bargaining unit. The Employer agrees to
treat all employees in the bargaining unit in a fair and equitable manner, avoid
discrimination and conduct their operations in a manner which will show proper
regard for the dignity of these employees.
SECTION 9. The Parties agree that communication and cooperation are
inherent to good Labor-Management Relations and to that end will strive to
maintain this spirit. The Parties also recognize the importance of building a
constructive bilateral relationship which will aid in the achievement of the
mission of the FAA and are committed to a positive problem-solving approach and
the use of the negotiation process to achieve the effective conduct of public
business and the well-being of employees.
ARTICLE 5
GRIEVANCE PROCEDURE
SECTION 1. The purpose of this Article is to provide a procedure for
the timely consideration and resolution of grievances.
SECTION 2. A grievance shall be defined as any complaint:
a.
By a unit employee concerning any matter relating to the employment of
the employee.
b.
By the Union concerning any matter relating to the employment of a unit
employee.
c.
By a unit employee, the Union, or the Employer concerning;
(1) The effect or interpretation, or a claim of breach of this
Agreement;
(2) Any claimed violation, misinterpretation, or misapplication of
any law, rule, or regulation.
SECTION 3. Scope and Exclusiveness of Grievance Procedure.
a.
This Article shall constitute the sole and exclusive procedure available
to the Union, and employees of the bargaining unit for the resolution of
grievances subject to the control of the Employer applicable to any matter
involving working conditions, or any matter involving the interpretation and
application of policies, regulations, and practices of the Employer subject to
the following exclusions under 5 USC 7121 (c):
(1) Any claimed violation of 5 USC 7321 relating to prohibited
political activities.
(2) Retirement, life insurance, or health insurance.
(3) Suspension or removal in the interest of national security under
5 USC 7532.
(4) Any examination, certification, or appointment.
(5) The classification of any position which does not result in the
reduction in grade or pay of an employee.
b.
A grievance may be filed regarding the interpretation and application of
policies, regulations, and practices of the Employer; any claimed violation,
misinterpretation, or misapplication of any law, rule, or regulation affecting
conditions of employment subject to the control of the Employer; or the effect
or interpretation, or a claim of breach or violation of this Agreement.
SECTION 4. Policy of Settlement and Protection from Reprisal. The
Employer and the Union agree that every effort will be made by management and
the aggrieved to settle grievances at the lowest possible level. Inasmuch as
dissatisfactions and disagreements arise occasionally among people in any work
situation, the filing of a grievance shall not be construed as reflecting
unfavorably on an employee's good standing, performance, loyalty, or
desirability to the organization.
SECTION 5. Right to Information and Testimony of Witnesses:
a.
An employee and/or his/her representative in a grievance action will
have access to all material pertinent to the grievance. The Employer will upon
request of the employee or his/her Union representative provide information from
official records, including extracts or copies of such records which may pertain
to the grievance. Should a representative request to view an employee's
personnel record, the Employer may require written authorization from the
employee. Written authorization is not required for 5 USC 7114 requests.
b.
If the Employer interviews bargaining unit employee witnesses, the Union
shall be afforded the opportunity to be represented at the interviews.
SECTION 6. Extension of Time Limits. Time limits in this
Article may be extended by mutual agreement of the Employer and the Union.
Mutual agreement must be in writing and signed by the President of Local 2097 or
a designated representative, and the Manager of AVN-300 or a designated
representative. Failure to respond or meet will permit the grievance to be
settled pursuant to the requirement of Section 14 of this Article if time limits
are missed.
SECTION 7. Disputes of Grievability or Arbitrability. The
Employer agrees to furnish the Union a final written decision concerning the
non-grievability or non-arbitrability of a grievance, within the time limits
provided for the written decision in Step 3 of this procedure. If the grievance
is alleged to be subject to statutory appeal procedures the decision shall
expressly state this claim. All disputes of grievability or arbitrability shall
be referred to the arbitrator. The arbitrator shall have the authority to make
all grievability, arbitrability, and all threshold issue determinations. If the
arbitrator determines the issue is grievable or arbitrable, the arbitrator will
hear the merits of the grievance. Upon mutual agreement of the parties,
threshold issues may be submitted to the arbitrator by brief, and decided, prior
to a hearing on the merits of the underlying grievance(s).
SECTION 8. Union Rights in a Nonunion Represented Grievance. If
a unit employee presents a grievance directly to the Employer without Union
representation, Local 2097 shall be given the opportunity to be represented at
any discussion of the grievance. The Union representative shall be in duty
status. The Employer shall provide a copy of the grievance to the Union.
SECTION 9. Limit to Individual Presentation. The right
of individual presentation does not extend beyond Step 3 of this procedure and
does not include the right to take the matter to arbitration.
SECTION 10. Impartiality and Objectivity of Decision. If the
deciding official is the respondent in the grievance or has made a decision
during a prior step, the deciding official should refer the grievance to a
higher administrative level in AVN to preclude prejudice in his/her decision.
The designated official to whom the grievance is referred for resolution must
not be the official who took the action or who was involved in an attempt to
previously resolve the complaint.
SECTION 11. Grievance Procedure. The following procedures shall
be exclusively used for the submission of employee grievances to the Employer
under this Article. Grievances which allege coercion, reprisal, or retaliation
for filing a grievance may be filed at Step 3 of this grievance procedure.
Step 1. An aggrieved employee or Union desiring to file a grievance
concerning any matter covered by this Article which occurs while the grievant is
a member of the bargaining unit, shall seek resolution of the grievance from the
lowest level supervisor/management official having authority to remedy the
grievance within thirty (30) calendar days of the date of the action or
reasonable awareness of such action or occurrence. A grievance concerning a
continuing practice or condition may be presented at any time. Such employee may
request the assistance of a designated Union representative in preparing and
presenting the grievance. A grievant and the designated representative will be
allowed reasonable and necessary official time, if otherwise in a duty status,
in reasonable privacy and in a suitable place provided by the Employer, to
discuss, investigate, and prepare the grievance. Grievances will normally be
presented in writing. If the first level supervisor determines it is not within
his authority to resolve the matter, the supervisor shall make arrangements with
the appropriate management official, with requisite authority to accept the
grievance. The supervisor will answer the grievance in writing within ten (10)
calendar days of the date of the receipt of the grievance or within ten (10)
calendar days of the date of the oral presentation, whichever comes later.
Step 2. If the employee or Union is not satisfied with the answer
given in Step 1 the employee or his/her Union representative may submit the
grievance to the Branch Manager or designee within ten (10) calendar days from
receipt of the Step 1 answer. The Branch Manager's or designee's decision shall
be in writing and shall be delivered to the employee or designated Union
representative within ten (10) calendar days of receipt of the grievance by the
Branch Manager or designee.
Step 3. If grievant or Union is not satisfied with the Branch
Manager's decision in Step 2, the grievant or Union may submit the grievance in
writing to the Division Manager or designee within ten (10) calendar days from
receipt of the Step 2 answer. The Division Manager's or designee's decision
shall be in writing and delivered not later than ten (10) calendar days of
receipt of the grievance by the Division Manager or designee. The decision shall
be served on the grievant and the designated Union representative at this time.
The grievance response must state the finality of the decision, and any
questions or decisions concerning the grievability or arbitrability of the
matter in the written document.
SECTION 12. Union or Employer Grievances.
a.
In the case of any grievance involving the interpretation or application
of this Agreement or violation of law, rule, or regulation affecting conditions
of employment which the Union may have against the Employer, or which the
Employer may have against the Union, such grievance shall be submitted in
writing to the Manager (AVN-300) or a designee, or to the President of Local
2097 or a designee, within thirty (30) calendar days of the event or series of
events or reasonable knowledge of the event or events giving rise to the
grievance.
b.
If the aggrieved party is not satisfied with the decision and/or no
settlement has been reached within thirty (30) days from the date of the
submission of the grievance, the matter may be submitted to arbitration by
either party pursuant to provisions for arbitration in Article 6.
SECTION 13. In the absence of unusual mitigating circumstances,
failure of a grievant to proceed with a grievance within any of the time limits
specified in this Article shall render the grievance settled on the basis of the
last decision given unless an extension of time limits has been agreed upon.
Failure of management to render a decision within any of the time limits
specified in this Article shall entitle the grievant to progress the grievance
to the next step without a decision. Reasonable filing extension requests will
be granted.
ARTICLE 6
ARBITRATION
SECTION 1. Selection of Arbitrator.
a.
If the Union is not satisfied with the decision at Step 3, the Union
President may, within thirty (30) calendar days following receipt of the
decision at Step 3 or the day the answer was due, advise the Division Manager in
writing that the Union desires that the matter be submitted to an impartial
arbitrator.
b.
Within five (5) days after the request for arbitration is served, the
Union and the Employer shall jointly request the Federal Mediation and
Conciliation Service (FMCS) to submit a list of seven arbitrators.
c.
Within twenty-one (21) calendar days after receipt of the list,
representatives of the Union and the Employer shall meet to select an arbitrator
from the list. The parties shall alternately strike names from the list until
only one name remains. A toss of a coin shall determine which party strikes
first.
d.
If, for any reason, either party refuses to participate in the selection
of an arbitrator, the other party will select an arbitrator from the list of
FMCS arbitrators.
SECTION 2. Date and Site of Arbitration. Upon notification
through FMCS to the arbitrator of his selection, representatives of the
Employer, and the Union shall meet to make arrangements for the hearing on a
mutually acceptable date. The parties will schedule the hearing within ten (10)
calendar days from the receipt of the selected arbitrator's availability. The
hearing will be held on FAA premises in a room appropriate for a hearing. The
hearing will be held during normal working hours unless otherwise mutually
agreed.
SECTION 3. Proceedings-Arbitrator’s Authority-Award.
a.
The arbitrator will confine the hearing to the specific issues in
dispute. The arbitrator's authority is limited to deciding only the issue or
issues considered in the grievance. If the parties fail to agree on a joint
stipulation of the issue for arbitration, then each shall submit a separate
stipulation and the arbitrator shall determine the issue or issues to be heard.
The arbitrator is empowered to devise an appropriate remedy consistent with the
terms of the Agreement and in accordance with applicable law, rule, or
regulation, including reasonable attorney fees. Either side reserves the right
to argue to the arbitrator what the appropriate remedy should be.
b.
The order of proceedings will be determined by the arbitrator.
c.
The arbitrator will be requested to render a decision as quickly as
possible, but not later than thirty (30) days after the conclusion of the
hearing unless the parties mutually agree to extend this time limit. The
arbitrator shall submit his decision to the Union and the Division Manager
(AVN-300).
d.
The arbitrator's award shall be binding on the parties and implemented
upon receipt, unless appealed or stayed. Either party may file exception to an
award to the FLRA pursuant to 5 USC 7122 of Public Law 95-454.
e.
Any dispute over the application or interpretation of an arbitrator's
award, including remanded awards, shall be returned to the arbitrator for
settlement.
f.
The fee and expense of the arbitrator shall be borne by the losing party
determined by the decision and award of the arbitrator. If the decision does not
substantially favor either party, the expense and fees shall be assessed on a
prorated basis based on a percentage determined by the arbitrator.
g.
The cost of the court reporter or transcript, where it is mutually agreed
by the Parties or where required by the arbitrator, shall be shared equally by
the Parties. Absent mutual agreement, either party may unilaterally request that
a transcript be prepared but must bear all costs incurred in its preparation.
Any party subsequently requesting and receiving a copy of a transcript of an
arbitration hearing must pay 50 percent of all costs incurred in the preparation
of such transcript.
h.
If a cancellation fee is incurred, the party withdrawing from arbitration
shall be responsible for the full cost of such cancellation fee unless the
withdrawal is by virtue of a written settlement. In the case of a settlement and
a cancellation fee is charged, both parties share the fee.
SECTION 4. Official Time for Grievant and Representative: Duty Time
for Witnesses: Questioning of Witnesses.
a.
The grievant and the Union representative if an employee of the FAA,
shall be given official time to present the grievance if otherwise in a duty
status.
b.
The Employer agrees that witnesses shall be excused from duty to provide
testimony in arbitration hearings. The Employer agrees to adjust the schedules
of witnesses, to allow them to appear in a duty status. Witnesses shall not
suffer loss of pay or charge to leave in order to testify.
c.
The parties must exchange written witness lists no later than fourteen
(14) calendar days prior to the scheduled date of the hearing. Upon notification
either party may have new witnesses to provide new information.
SECTION 5. Expedited Arbitration. The process for expedited
arbitration is identical to regular arbitration, except that no transcripts are
taken and no post-hearing briefs allowed. The arbitrator will issue a bench
decision or abbreviated written award no later than seven (7) calendar days from
the date of the hearing. This procedure may be invoked by mutual agreement of
the parties on a case by case basis.
ARTICLE 7
USE OF OFFICIAL FACILITIES
SECTION 1. The Employer shall provide suitable space within AVN-300 in
Oklahoma City, Oklahoma, and Atlantic City, New Jersey, for periodic meetings
during non-duty time upon request when available. The Union shall be responsible
for insuring the space is left in the same condition in which it was found.
SECTION 2. The Employer shall furnish the Union suitable office space
within AVN-300 in Oklahoma City, which can be locked for security purposes, and
which will provide privacy for discussions with employees and the conducting of
Union functions. The office space shall be sufficiently large enough to conduct
Union business. The Employer shall provide the Union with the use of two locking
file cabinets, chairs, a desk, the Federal Personnel Manual, Federal Aviation
Regulations, and 4100.24 General Maintenance Manual and TI 4100.27 and
appropriate revisions.
SECTION 3. The Employer agrees to request for the Union office a
telephone equipped with internal capabilities, outside line, and FTS access for
official use. Union representatives shall have reasonable access to other
Government telephones for use when necessary in conducting labor-management
affairs. The Union agrees to use telephone facilities judiciously and in the
public interest. Bargaining unit employees in areas separated from Oklahoma
City, such as those in Atlantic City and New Jersey, shall have access to FTS
lines to contact Union representatives in Oklahoma City.
SECTION 4. It is agreed the telephone number of the Union Office in
AVN-300, the President, First Vice-President, and Chief Steward of NFFE Local
2097, will be published in the next edition of the Mike Monroney Aeronautical
Center (MMAC) Telephone Book and subsequent editions.
SECTION 5. The Employer shall provide at least one glass enclosed and
lockable bulletin board of not less that 36" x 36" in these areas in
Oklahoma City and Atlantic City.
In Oklahoma City, Oklahoma:
a.
The first floor of Hangar 8, Hangar 9, and Hangar 10 (a non-enclosed
board on the East side of the Hangar floor and an enclosed board in the South
hallway Hangar 8 and Hangar 9 East).
b.
The engine buildup shop.
c.
The second floor break area, the Avionics Unit and Avionics Test
Equipment Shop in Hangar 9 - East.
d.
The Avionics Shop Unit on the third floor Hangar 9 - East.
e. The second floor Cafeteria Hangar 9 - West.
In Atlantic City, New Jersey, in Building 301:
a.
The first floor Hangar area.
b.
The first floor Aircraft Shops and the Avionics Shop.
c.
FIAO maintenance shop.
for the posting of suitable Union material. It is agreed these bulletin board
privileges are the exclusive right of the Union and their use shall not be
extended to any other organization without permission of the exclusive
representative.
SECTION 6. Union literature and other notices may be placed in
designated places in Oklahoma City, Building 301 in Atlantic City, and in lunch
rooms and break areas where bargaining unit employees work.
SECTION 7. The internal mail system may be used by the Union for
communication with management officials within the agency and with Union
officials at Atlantic City on matters concerning labor-management relations.
SECTION 8. The Employer agrees to allow use of and furnish access to
available AVN-300 copying machines. Personal computers and associated hardware
may be used by those individuals, who in their normal course of business use
this equipment. Use of Government equipment must be on official time or nonduty
time.
SECTION 9. Eating Facilities for Employees. The Employer agrees
to continue to provide eating facilities for its employees. However, if it is
determined that existing eating facilities are to be closed, reduced, or
relocated, the Union will be notified in advance of implementation. As soon as
possible, upon Union request, designated officials of the Employer and the Union
shall meet and confer on implementation and procedures used in order to minimize
the impact of such action on affected bargaining unit employees. The parties
also agree to jointly consider ways to improve quality, service, and costs of
food at eating facilities which are under the control of the Employer.
SECTION 10. The Employer will provide adequate unpaid parking for
bargaining unit employees. Upon request of the Union, the Employer will review
reserved parking on the East side of Duke Avenue which is used by AVN-300
employees. These reviews will not take place more frequently than once per
quarter. Such reviews shall be submitted to the Union.
ARTICLE 8
UNION REPRESENTATION AND OFFICIAL TIME
SECTION 1. The Union President will provide the Employer with written
designation of Union representatives. The representatives will be designated to
serve at large to provide expertise in particular and specialized areas of
labor-management functions and to provide representation to employees. The Union
will designate representatives for specific negotiation issues, as required.
SECTION 2. The Union will be given the opportunity to be represented
at formal discussions between management/supervisor(s) and employee(s)
concerning employee grievances and personnel policies and practices, procedures,
or other conditions of employment.
SECTION 3. Reasonable amounts of official time will be granted to
Union representatives to perform the following functions:
a.
Receive and investigate employee complaints.
b.
Prepare and present grievances, statutory appeals, and arbitrations.
c.
Prepare and present replies to proposed disciplinary/adverse actions.
d.
Respond to grievances against the Union.
e.
Attend formal discussions and/or examinations.
f.
Review and respond to management initiated actions.
g.
Prepare proposals for negotiations.
h.
Accompany inspectors on safety and health inspections in accordance with
Article 28, Occupational Safety and Health.
i.
Preparation of reports required by Title 5 USC 7120(c).
j.
Perform other appropriate representational duties.
SECTION 4. For official time purposes, the Union is entitled to at
least an equal on-the-clock number of representatives as the agency at official
discussions with the agency.
SECTION 5. Employees will be granted reasonable time to prepare and
present complaints/grievances, including meetings with Union representatives.
The representatives will make appropriate arrangements before engaging in
representation on duty time.
SECTION 6. An officer or representative of the Union shall notify
his/her immediate supervisor and obtain approval prior to leaving his/her work
area or work assignment.
SECTION 7. An officer or representative of the Union in requesting
permission to perform representational activities on official time shall provide
his/her immediate supervisor in writing the following information:
a.
Nature of business for which time is requested.
b.
General area(s) to be visited.
c.
Approximate amount of time required.
d.
When the time is to be utilized.
The supervisor will indicate approval, disapproval, or modification on the
document, and return it to the representative. Additional time may be approved
when justified. If the time is disapproved or modified, the supervisor will
state the specific reason for disapproval or modification on the document.
SECTION 8. The Employer shall grant, in the absence of compelling
operational requirements, a reasonable amount of official time. In the event
that compelling operational requirements preclude the usage of official time, an
alternative time shall be provided later that day, the following workday, or as
soon as practicable thereafter. The filing deadline for the grievance being
processed, will automatically be extended to the number of days the usage of
official time is postponed.
SECTION 9. Normally, official time authorized under this agreement
shall be spent at the representative's duty location unless otherwise
authorized. An officer or representative of the Union who leaves his/her work
area in accordance with Sections 6 and 7 above, shall advise the appropriate
official of his/her return to the work area whenever feasible.
SECTION 10. The Employer will provide an area for the Union's use to
privately discuss an employee grievance, to prepare a reply to a notice of an
adverse action, grievance, and/or any other matter relating to the conditions of
employment involving representation.
SECTION 11. The Employer will exercise no restraint, interference,
coercion, omissions of normally granted employee rights or privileges, or
discrimination against a Union representative because of his/her Union duties.
SECTION 12. The Union President or his/her designee shall be provided
a total of ten (10) hours of official time per week excluding meetings under
Sections 1 and 2, Article 4, to perform appropriate labor-relations functions.
Additional time may be negotiated and approved on a case-by-case basis.
SECTION 13. When a Union officer or representative is detailed or
temporarily promoted to a supervisory position for one hundred and twenty (120)
days or more the Union shall be notified. During this period the individual may
not act as a Union representative. The Union may designate another to act during
this period.
ARTICLE 9
DUES WITHHOLDING
SECTION 1. This Article constitutes a mutual understanding between the
Parties of their respective responsibilities, procedures, requirements, and
conditions concerning the withholding and remitting of dues of certain employees
who are members of Local 2097 National Federation of Federal Employees, who
authorize allotments from their pay for this purpose pursuant, to Title 5 USC
7115(a).
SECTION 2. Any employee who is a member of the unit of exclusive
recognition may assign an allotment of pay for the payment of dues to NFFE 2097.
Such assignment will be honored provided the employee receives sufficient pay to
cover the full amount designated by the authorization.
SECTION 3. The procedural responsibilities of the Parties in
processing the authorization shall be as follows:
a.
The Union agrees to inform members in the unit of the voluntary nature of
assigning an allotment of pay for dues and will instruct employees in the
procedure for requesting authorization of the assignment.
b.
The Union agrees to acquire and distribute to unit members Form SF-1187
and to receive completed forms from employees who request allotments. A Standard
Form 1187 is the only form that may be used for this purpose.
c.
The Union President will designate in writing to the Office of Financial
Services (AMZ-1) the individuals who are authorized to complete Section A of the
SF-1187, if used, and will determine that the forms are properly completed.
Certified SF-1187's may be submitted by mail or directly to AMZ-1.
d.
A properly completed and certified form will be effective at the
beginning of the first full pay period following receipt of the form by the
Accounting Division.
e.
An assignment which has not been properly completed or properly certified
may not be accepted and will be returned to NFFE Local 2097 at its current
address by the Accounting Division within ten (10) workdays after receipt by the
Accounting Division with notice of the reason why it has not been processed.
f.
With the exception of Item 3, items marked with an "X" on the
SF-1187 and Section A and B, will be completed with the required information. In
the event an SF-1187 is returned to the Union, AMZ-1 will state the reason for
its return.
SECTION 4. The frequency of withholding and changes in the amount of
dues shall be as follows:
a.
Allotted dues will be withheld from the biweekly payrolls. The amount to
be withheld shall be the amount of the regular dues of the member as specified
on the SF-1187 or equivalent form and governed by Section 4.b. (as follows).
b.
If the amount of regular dues is changed by the Union, the President of
Local 2097 will notify the Manager, Office of Financial Services, in writing,
that the amount of regular dues has changed and will certify the new rate and
the effective date of the change. The amended amount will be withheld effective
the beginning of the first full pay period following receipt of the instructions
from the Union to the Manager, Office of Financial Services (AMZ-1). New
authorization forms are not required. Only two changes may be made in any period
of twelve (12) consecutive months. However, one additional change may be made to
reflect a change in the national assessment.
SECTION 5. An allotment may be terminated effective the first full pay
period following the effective date:
a.
When this agreement is terminated under conditions prescribed by Chapter
71, Title 5, USC by appropriate authority outside of the Department of
Transportation.
b.
When the Union gives notification that the employee is no longer a
member of the Union.
c.
When the Employer correctly determines that the employee is no longer a
member of the bargaining unit, i.e., separated from the FAA, permanently
promoted, transferred, or reassigned from the unit for which recognition was
granted.
d.
When an employee requests and submits a properly completed SF-1188 which
is received no later than the anniversary date. If a timely request for
revocation is not submitted, the authorization will recycle for additional one
(1) year periods on each anniversary date. (The anniversary date is the starting
date of the first full pay period for which dues were deducted from the
employee's pay.) Upon receipt of an SF-1188, Office of Financial Services
(AMZ-1) shall refer to the remittance listing and determine the anniversary date
of the allotment. The beginning date of the first full pay period after the
anniversary date occurs will be entered in Item 6 on the SF-1188. Copy 2 of the
SF-1188 will promptly be provided to the Union for confirmation of the
anniversary date entered by the Accounting Division. All such notifications,
including Copy 2 of the SF-1188, will be forwarded to NFFE Local 2097 at its
current address. In the event the anniversary date is in dispute, the Union will
promptly notify the Manager, Office of Financial Services (AMZ-1) in writing of
the error.
SECTION 6. Processing of Allotments.
a.
A dues withholding allotment made pursuant to Title 5 USC 7115(a) shall
be at no cost to the Union or the employee.
b.
The remittance check will be payable to the allottee designated by the
President of Local 2097 and mailed to the address designated.
c.
At the time of each remittance, the allottee will be sent a statement
giving the following information:
(1) Identification of the office or facility.
(2) Identification of the Union Local.
(3) The name of each unit employee, in alphabetical order, for whom a
deduction was made during each pay period and the amount of each deduction.
(4) Identification of unit employee(s) whose allotments have been
temporarily or permanently stopped and the reasons for non-deduction.
(5) Total number of members for whom dues were withheld.
(6) Total amount withheld on this payroll. The Employer will
continue, upon request, to provide a copy of the microfiche pertinent to NFFE
Local 2097.
d.
The Union agrees to keep the Manager, Office of Financial Services
(AMZ-1), currently informed of the name, title, and address of the allottee to
whom the remittance will be sent and the address of the Treasurer of Local 2097.
e.
In the event there is an underpayment to the Union in remittance checks,
such error will be corrected in the next remittance check issued to the Union.
If there is an alleged overpayment in the remittance, the Union will be notified
and will refund the amount of overpayment when the allegation is verified and a
waiver is not appropriate. The Employer's claim of overpayment will be made to
the Union in writing in advance of any set-off against dues allotments of
present unit members before attempting to recoup an alleged overpayment.
ARTICLE 10
BARGAINING DURING THE TERM
OF THE AGREEMENT
SECTION 1. The Employer agrees that personnel policies, practices, and
matters affecting conditions of employment which are within the jurisdiction of
the Employer which are not specifically covered by this Agreement will not be
changed or implemented without prior notification to and negotiations when
requested by the Union. The number of negotiators authorized for the Union on
official time, if otherwise in a duty status, shall be at least equal to the
number for management. In no event shall such number for the Union be less than
two.
SECTION 2. Privileges of employees which by custom, tradition, and
known past practice which have become an integral part of working conditions
shall remain in effect unless in violation of law or Government-wide rule or
regulation or modified pursuant to negotiations under this Article.
SECTION 3. The Employer agrees to formally notify the Union in
writing, of any proposed new or changed personnel policy, program, practice,
procedures, or other matters affecting conditions of employment of members of
the bargaining unit. Notification will be made at least fourteen (14) calendar
days in advance except in emergency situations or situations beyond the control
of the Employer, and will include the proposed effective date, action to be
taken, and any known changes in working conditions. Should the Union wish to
negotiate, a request to bargain must be received by management at least seven
(7) calendar days prior to any proposed effective date. When, prior to
negotiations, information is requested pursuant to Title 5, USC 7114(b)(4) and
meets the criteria of Title 5, USC 7114(b)(4), the Employer will respond as far
in advance of the date of negotiations as feasible. In the event a written
response is not received by the Union at least two (2) calendar days prior to
the agreed date of negotiations, the Parties agree to reschedule the date of
negotiations.
SECTION 4. Bargaining means the performance of the mutual obligation
of the representative of the agency and exclusive representative of employees in
an appropriate bargaining unit in the agency to meet at reasonable times and to
consult and bargain in a good-faith effort to reach agreement with respect to
the conditions of employment affecting such employees and to execute, if
requested by either party, a written document incorporating any collective
bargaining agreement reached, but the obligation referred to in this Section
does not compel either party to agree to a proposal or to make a concession.
SECTION 5. Should the Union desire to bargain with the Employer, it
shall give at least fourteen (14) calendar days advance notice which shall
include a statement of the matter to be discussed, and the proposed time and
place of the discussion. Such notice and the issues to be discussed shall be
presented in writing.
SECTION 6. In the event impasse is reached during these negotiations,
if the Union notifies the Employer within seven (7) calendar days at the end of
mediation efforts that it has submitted the issue to the Federal Services
Impasses Panel, the Employer agrees not to unilaterally implement the changes
except for emergencies or when the effective date is mandated by Federal law or
any Government-wide rule or regulation.
SECTION 7. Disputes as to negotiability under this Article may be
submitted to the Federal Labor Relations Authority for resolution as provided by
Chapter 71 of Title 5, USC.
ARTICLE 11
HOURS OF WORK
SECTION 1. Hours of Work.
a.
The administrative workweek shall be seven (7) consecutive days, Sunday
through Saturday. The basic workweek normally shall be Monday through Friday,
and the two (2) days outside the basic workweek shall be consecutive. The basic
number of hours in the workweek shall be forty (40) hours per week. The
occurrence of holidays shall not affect the designation of the basic work week.
The basic non-overtime day shall not exceed eight (8) hours unless worked under
a compressed work schedule.
b.
Where employees are offered the right of choice or to volunteer under
this Article, it is understood that such volunteers will be solicited from among
qualified employees with the requisite skills and abilities as determined by
management.
SECTION 2 . Breaks in working hours of more than one (1) hour shall
not be scheduled in any basic workday unless mutually agreeable to Employer and
Employee.
SECTION 3. Weekend Duty. Bargaining unit employees assigned to
Saturday or Sunday duties shall be selected on a voluntary basis. If such duty
is required for coverage of necessary work, requests for volunteers shall be
made and selections made from the list of volunteers by service computation date
(SCD). If there is an insufficient number of volunteers for necessary coverage,
employees will be assigned on a rotating basis according to seniority determined
by reverse computation date. Employees will be selected in ascending order from
the lowest SCD to the highest until all affected employees have been equally
rotated. Waiver of weekend assignment may be granted in valid instances where
the employee will suffer undue hardship because of such assignment.
SECTION 4. a. Rotating Shifts and Tours of Duty
1. To the maximum extent possible, the employer agrees to permit
bargaining unit employees the choice of a tour of duty on either the first or
second shift. Solicitation of volunteers for tours of duty will be utilized
before involuntary assignment to a night shift or duty days outside of the basic
workweek are implemented.
2. Hours of Work.
(1) Established practice that when more volunteers are available than
needed - the most senior person would be selected first.
(2) Established practice that when a person volunteers for an undesirable
tour/shift and is selected and works said shift, that person cannot be bumped by
a more senior new employee or current employee who subsequently changed their
minds, and now volunteers for said tour/shift.
3. When the Employer determines to reduce the number of crews on
undesirable shifts/tours - the least senior personnel shall be selected.
b.
Assignments to shifts or tours of duty shall be scheduled in advance
normally for periods of not less than four (4) weeks unless necessary and
compelling mission requirement dictate otherwise. The employer will notify
affected employees in writing at least two (2) weeks in advance. The Employer
agrees that affected employees serving on jury duty will automatically revert to
Monday through Friday tour of duty, day shift, with hours corresponding to the
official hours of AVN-300. The Employer also agrees that bargaining unit
employees attending out-of-agency or FAA Academy training will revert to a
Monday through Friday tour of duty.
c.
Involuntary assignment of individual unit employees from one shift to
another will be distributed among qualified employees with requisite skills and
abilities using reverse SCD. A roster or record of employees involved in changes
of tour of duty or change in shift shall be maintained by the employer and
furnished to the Union upon request.
d.
Employee requests for transfer from shift to shift will be given serious
consideration based on the merits of the request. It is agreed that management
will not make or deny changes in shift assignments in order to reward or punish
an employee. When equally qualified employees wish to trade shifts and
operational requirements permit, the employer will approve the change.
e.
When the Employer desires to establish additional shifts or tours of duty
the following procedures will be followed:
1. The Union will be notified of the proposed shift or tour prior to
informing bargaining unit employees and, upon their request, will receive a
briefing on the shift and or tour of duty;
2. Volunteers for the new shift or tour will be solicited initially
in writing from among qualified bargaining unit employees with requisite skills
and abilities at the lowest organizational level to which the shift or tour
applies. Normally, employees will be given five (5) work days to respond to the
request for volunteers;
3. If there are fewer volunteers than necessary to staff the shift or
tour, bargaining unit employees will be assigned to the shift or tour in
ascending SCD order from among qualified bargaining unit employees with the
requisite skills and abilities;
4. Bargaining unit employees volunteering for permanent assignment to
a shift other than day shift or tours of duty other than Monday through Friday
will not rotate. A previously non-rotating bargaining unit employee desiring to
rotate will give a minimum of three (3) weeks written notice to their immediate
supervisor prior to returning to regular rotation;
5. Normally, the length of assignment of a bargaining unit employee
to a rotating shift and/or tour of duty will be at least four (4) weeks.
6. Bargaining unit employees enrolled in educational courses
advantageous to the FAA at the time of the implementation of the additional
shift or tour of duty with an enrollment of at least two (2) credit hours will
be given the opportunity to complete the current semester without rotating
shifts and/or tours of duty unless emergency operational requirements prevent
the employee's attendance. When the current semester session is over, the
employee will enter into the regular shift and/or tour of duty rotation.
7. The Employer agrees to provide an opportunity for those bargaining
unit employees assigned to an uncommon tour or off shift to attend agency
sponsored career enhancement lecture/programs at the Mike Monroney Aeronautical
Center which other AVN-300 employees are eligible to attend. The Employer
agrees, when operational requirements permit, to accommodate the employee by
adjusting their work hours so that they may attend these lectures/programs; and,
8. The Employer agrees that when shift and/or tour of duty rotation
is required due to an insufficient number of volunteers, non-volunteers will be
rotated every four (4) weeks at the pay period in an order that maximizes the
amount of time an employee will remain on a given shift. This may require a tour
of duty rotation more frequent than a shift rotation if both are being rotated.
SECTION 5. Alternative Work Schedules.
a.
The Parties agree that Alternative Work Schedules (AWS) which are
flexible and compressed may be worked according to the guidelines and approved
schedules below for the purpose of improved productivity and greater service to
the public.
b.
No intimidation, coercion, or threats may be placed on employees by
management or other employees concerning work schedules.
c.
The parties agree that, based on organizational needs and operational
requirements, the following AWS options are available to bargaining unit
members:
(1) Flexitour Schedule
(2) Gliding Schedule
(3) Variable Day Schedule
(4) Variable Week Schedule
(5) Maxiflex Schedule
(6) Four-day Workweek
(7) 5-4/9 Plan
(8) Credit Hours will be available for employees working flexible
schedules.
1. It is further agreed by the parties that not all options will be
available to all employees based on organizational needs and operational
requirements.
2. It is agreed that management decisions as to the options available
or the non-availability of options to an employee or group of employees will be
neither arbitrary nor capricious. This decision will be provided to the Union
promptly in writing.
3. It is understood that adequate coverage of operations will
continue to be necessary.
4. If a dispute arises as to the appropriate AWS to be implemented
for a group of employees the Union may request that negotiations take place
concerning impact of the management decision. Upon becoming aware of such a
dispute the Union will be given prompt written notification by the Employer.
5. Once a particular AWS schedule has been approved, that approval
may be rescinded by the Division Manager or his/her designee when the
participation in AWS by a group of employees has resulted in an adverse impact
on the operation within AVN-300. The Union will be given a one (1) week written
notice of the decision prior to implementation and given the opportunity to meet
and discuss issues. The joint meeting will be held during the one (1) week
notice period. Both Parties shall be able to discuss their views. Affected
employees will be given a one (1) week notice of the change if practical. Upon
request, the Employer will participate in post-implementation negotiations with
the Union and will abide by any legal third party decision.
6. Employees who abuse AWS may have their participation terminated
with the issuance of a written notice containing the reason(s) for the
termination.
d.
The descriptions of the various Alternative Work Schedules and the
procedures associated with requesting approval to work an approved schedule are
contained in FAA Aeronautical Center Handbook. All employees will be briefed on
and provided with a Handbook describing the available schedules.
e.
Four/Ten (4/10) Compresses Work Schedule
(1) Employees participating in the four/ten (4/10) compressed work
schedule will be scheduled to work four (4) ten (10) hour days in each workweek
of the pay period. The hours worked will be 0600-1630 day shift and 1600-0230 on
the swing shift.
(2) The additional day off may be selected by the employee with the
supervisor's approval. This regular day off may not in some cases be contiguous
with the employee's consecutive regular days off and may be determined based on
staffing requirements. Disputes among equally qualified employees as to
selection of the additional day off will be settled by leave service computation
date.
(3) Participation in the 4/10 compressed work schedule by employees
in production functions will be by a majority vote of those eligible employees
by shift at Unit level. This vote will be by secret ballot and will be conducted
by the Union. A vote may be held only on a four (4) month interval upon an
individual employee's request to his/her supervisor. At the beginning of the pay
period following the results of the vote affected employees will begin working
the schedule determined by the vote.
f.
Employees participating in alternative work schedules may be required to
temporarily return to fixed or regular schedules for operational reasons. The
affected employees will be given as much advanced notice as practical in
writing.
g.
The following conditions may be cause for temporary return to normal
working hours for all or some employees participating in alternative work
schedules:
(1) Court Leave - Employees serving on jury duty will revert
to normal working hours.
(2) Out-of-agency or FAA Academy Training - Employees
attending training will revert to normal working hours. The hours required by
the training facility will become the normal working hours for the employee(s).
Employees participating in on-the-job training (OJT) may, depending on the
individual circumstances, revert to normal working hours.
(3) Employees in travel status will, at the discretion of the
immediate supervisor, either revert to normal hours or remain on an alternate
work schedule (AWS).
(4) When administrative leave is given due to hazardous weather
conditions or other conditions beyond the control of the Employer, employees on
an alternative work schedule will revert to normal hours. These conditions
include such natural disasters as flood, fire, tornado, etc.
h.
The current policy which permits employees to request special shift
assignments for educational or hardship reasons will continue in effect under
Alternative Work Schedules.
SECTION 6. Break Practices. - Existing break practices will
continue. In the event the employer has legitimate reason to change the current
practice negotiations will be conducted under the provisions of Article 10.
Employees shall have access to adequate break areas.
SECTION 7. Time for Cleanup and Change of Clothing.
a.
Employees shall normally report to work dressed suitably for the work to
be performed. In cases where a work assignment required other attire, the
employer agrees to allow reasonable time for the employee to change clothes and
also agrees to provide adequate facilities for such activities.
b.
The Employer and the Union agree that employees should clean-up the work
area, store and protect Government property, equipment, and tools prior to the
end of the work-shift.
SECTION 8. To provide stability and allow reasonable access of Union
officials to bargaining unit employees, Union officers and stewards will not be
arbitrarily moved from one shift to another or one work area to another.
ARTICLE 12
LEAVE WITHOUT PAY (LWOP)
SECTION 1 Leave without pay (LWOP) may be granted to a member of the
Union to serve with NFFE for up to one (1) year. Extensions will be granted by
the Division Manager for subsequent one (1) year periods upon request unless
legitimate operating requirements dictate otherwise. The total duration may not
exceed the terms of the appointed or elected position in NFFE of the affected
employee.
ARTICLE 13
EXCUSED ABSENCE FOR UNION SPONSORED TRAINING
SECTION 1. The Parties agree that training in labor-management
relations is beneficial both to the Union and the Employer. When such training
in contract administration, grievance handling, Federal labor laws, Federal
personnel laws, regulations and procedures and conditions of employment is
received by Local Union officials, said training reduces the number of
labor-management actions and complaints initiated due to ignorance or incorrect
understanding of law, rule, and regulation and promotes the public interest.
SECTION 2. The Employer agrees to grant official time to Union
officers and stewards if otherwise in a duty status to attend Union sponsored
training determined to be of mutual benefit to the Parties. A block of time up
to five hundred and sixty (560) hours may be granted annually for such training
not to exceed ten (10) workdays per officer/steward during the calendar year.
Determination whether an individual can be spared from duty shall be made by the
Employer based on operational requirements.
SECTION 3. The Union shall submit requests for official time to the
Manager, Flight Inspection Maintenance Division (AVN-300) at least fourteen (14)
calendar days prior to proposed release for such training. The request will
include the agenda and schedule of the requested training and the names and duty
locations of the employees whose attendance is desired.
ARTICLE 14
ANNUAL LEAVE
SECTION 1. The use of annual leave is the right of the employee
subject to the approval of the supervisor. The supervisor's decision to approve
or disapprove all annual leave will involve consideration of employee's
expressed desires and personal convenience in regard to workload considerations.
Annual leave schedules will be established no later than March 1 each year to
ensure that all employees are given an opportunity to schedule and to use any
leave available to them for the year.
SECTION 2. The Employer shall develop schedules of annual leave for
vacation purposes each year. The period from June 1 to September 30 will be
considered the prime vacation period. Request for annual leave for vacation
purposes shall be submitted on appropriate forms to the supervisor before March
1 each year. Each employee will indicate a primary and secondary choice of time.
The Employer agrees that a sincere attempt shall be made to grant the
employee's choice. In case of conflict in periods of leave desired by employees
in the same work unit, the individuals desiring leave at overlapping times will
be requested by the supervisor to attempt to resolve the conflict on a mutually
agreeable basis. If the conflict is not resolved, the senior employee from the
standpoint of service computation date will be entitled to the requested leave.
Once selections have been finalized employees shall not be permitted to choose
other times which disturb the choice of another employee. However, the
supervisor may approve a change in selection provided another employee's choice
is not disturbed, or such change is mutually agreed upon by both the affected
employees and their supervisor(s) or the supervisor determines the workload
requirements would allow both employees to be on leave simultaneously.
SECTION 3. After vacation schedules are approved changes will not be
made by the Employer for arbitrary reasons. If workload necessitates changes,
the supervisor will notify the employee at such time as situations develop and
will discuss the reason for the change and why this particular employee is
affected instead of another of equal or lower grade or status. Consideration
will be given to seniority, and requisite skills required when changing
employees choices for scheduled leave. By April 1 each year the approved leave
schedule shall be made available for inspection by the Union by the immediate
supervisor in each separate work area. Upon request, a copy of the leave
schedule will be furnished to the Union by the immediate supervisor.
SECTION 4. It is agreed that employees will not be required to
schedule all of their use or lose annual leave. However, use or lose annual
leave not scheduled before the start of the third biweekly pay period prior to
the end of the leave year will not be considered for restoration unless
operational requirements have necessitated denial of leave by supervision due to
abnormally heavy workload or emergency situations.
Restored leave must be scheduled and used no later than:
a.
The end of the leave year two (2) years after restoration, in the case of
administrative error,
b.
The end of the leave year two (2) years after the termination date of the
exigency of the public business.
c.
The end of the leave year two (2) years after the date an employee
returns to duty when the forfeiture was because of sickness.
SECTION 5. When operational requirements permit and the employee has
sufficient annual leave, requests for leave of thirty (30) consecutive days or
more will be approved.
SECTION 6. Employees on extended sick leave pending retirement will
upon request have their lose or use leave restored. The employee will be
responsible for the timely application for such restoration. Management will
process the request in a timely manner.
SECTION 7. An employee may request unscheduled leave in advance by
submitting an SF-71 stating the dates and hours desired. If a request for
unscheduled leave is denied, the supervisor will state the reasons for the
denial on said form and return it to the employee within one (1) workday after
receipt by the supervisor.
SECTION 8. Annual leave for emergency reasons, except where
circumstances prevent, will be requested by telephone normally within one (1)
hour after the start of the shift to which assigned or by the beginning of core
time if working under flexitime. Employees should request emergency annual leave
by contacting their immediate supervisors, or other persons designated by
management to receive such requests, as soon as possible after the start of
their regular shift. If the supervisor and the designee are unavailable to
accept the request, the employee must leave a message with the person accepting
the call. If telephone facilities are not available due to circumstances beyond
the employee's control, the employee may use the mail channels at the earliest
reasonable time.
SECTION 9. An employee will be granted annual leave or
leave-without-pay (LWOP) in case of death in the immediate family or, in the
case of a relative, annual leave or leave without pay will be seriously
considered.
SECTION 10. The Employer will make a good faith attempt consistent
with operating requirements to satisfy the desires of employees with respect to
approval of annual leave for special vacations, birthdays, religious holidays,
funerals, and other specific requests.
SECTION 11. If, for any reason, the Employer schedules or effects a
temporary shutdown of activities and administrative leave is not contemplated by
management, a reasonable effort will be made to provide work for employees not
having annual leave to their credit.
If work cannot be provided for such employees, annual leave may be advanced
to the extent determined by the Employer. Employees will not be placed on LWOP
without their consent unless the employee is without leave and the maximum
allowable advance leave has been granted or refused.
The Employer will however, seriously consider granting advance leave if
warranted by the circumstances in each individual case.
SECTION 12. The Employer will make every reasonable effort to grant
annual leave or LWOP to Union representatives to conduct activities related to
the internal business of the Union.
ARTICLE 15
SICK LEAVE
SECTION 1. Sick leave shall be approved for an employee who is unable
to perform his/her duties because of: sickness, injury, pregnancy, confinement,
medical, dental or optical treatment or examination, or when a member of the
employee's immediate family is afflicted with a contagious disease requiring
isolation, quarantine, or restriction of movement.
SECTION 2. An employee should request sick leave by contacting his/her
immediate supervisor or designee, by telephone as soon as possible after the
start of his/her regular shift. The employee will also give the anticipated date
of return to duty. If the supervisor and the designee are unavailable to accept
the phone call, the employee shall leave a message with the person accepting the
call. Under normal circumstances, this request will be made by telephone within
one (1) hour after the shift begins or before the beginning of core time, if the
employee regularly works under flexitime. Approval of sick leave for prearranged
medical appointments will normally be secured from the Employer in advance of
the absence.
SECTION 3. A medical certificate will not be required to substantiate
a request for approval of sick leave for three (3) days or less, unless the
employee has been specifically informed in writing of the requirements in
advance (about the use of sick leave). In such cases, the employer will
investigate evidence of leave abuse and counsel the employee prior to placing
any type of sick leave restriction upon the employee. Written notification of
sick leave restriction will contain justification for the requirement and
written documentation as evidence for the charge. The requirement, once imposed,
will be reviewed at least every six (6) months to determine if it should be
continued. At the time of the review, the employee will be advised in writing if
the requirement is to be continued or canceled.
SECTION 4. Bargaining unit employees will not be required to provide a
doctor’s certificate for sick leave solely on the basis of a mechanized or
computerized leave usage report that indicates the employee's use of sick leave
is abnormal. Leave restriction will also not be based on predetermined balances
based on years of service or statistical formulas or leave trends which are
circumstantial in nature.
SECTION 5. An employee placed on any type of sick leave restriction
may grieve the restriction using the negotiated grievance procedure.
SECTION 6. An employee who is released from duty on advice of the
Employee Health Activity shall not be required to furnish a medical certificate
to substantiate sick leave for the day he/she was released from duty.
SECTION 7. The Employer may require a medical certificate for sick
leave of more than three (3) consecutive work days. If a physician or
practitioner was not consulted, a personal written statement from the employee
describing the nature of the illness and that he/she was incapacitated for duty,
will be accepted in lieu of a doctor's certificate or statement.
SECTION 8. Whenever an employee's request for sick leave is
disapproved, the reason for disapproval will be given in writing.
SECTION 9. Advance sick leave up to thirty (30) days may be granted
subject to the following conditions:
a.
No documented evidence of abuse.
b.
The employee can be reasonably expected to earn enough leave for
repayment.
c.
The medical status of the employee has been certified by a physician.
Certification must show the diagnosis, prognosis, and when the employee can be
expected to return to duty.
d.
The advance is made with the understanding that it will be charged to
sick leave subsequently earned.
SECTION 10. Records of employee sick leave balances will be restricted
to those with a need to know. The employer shall not publicly post individual
sick leave records.
SECTION 11. Sick leave balances will not be a factor for promotion,
discipline, or other personnel action.
SECTION 12. Sick leave used to care for family members will be in
accordance with those guidelines setforth in the Federal Employee Family
Friendly Leave Act, effective December 2, 1994.
ARTICLE 16
LEAVE FOR SPECIAL CIRCUMSTANCES
SECTION 1. Leave for Bone Marrow or Organ Donors. Employees who
wish to serve as a bone-marrow or organ donor are now entitled up to seven days
paid leave each year. This leave is in addition to any other type of regular
leave the employee may need to use (sick, annual, family-medical leave). The
length of absence will depend upon the specific medical circumstances of each
case.
SECTION 2. Excused Absence for Blood Donations.
a.
Upon request, employees will be granted 4 hours of excused absence,
without charge to annual or sick leave, in connection with each blood donation.
Employees must request excused absence for this purpose and obtain approval from
the appropriate management official with leave approving of such requests
subject to the operational demands of the organization.
b.
Excused absence for blood donations is for the sole purpose of
traveling to and from the site where blood will be donated, clinical time for
the extraction of the blood, and recuperation or recovery time required as a
result of donating blood. Recuperation time shall be taken immediately following
the blood donation.
c.
Upon return to work, employees must furnish documentation, signed by
an official of the institution receiving the donation, which reflects the date,
time, and location of the donation. Excused absence for this purpose must be
annotated on the Time and Attendance records with a code 08.
d.
Excused absence for the purpose is only authorized for employees who
donate blood. Employees who sell their blood are not authorized excused absence
but must be charged annual leave or leave without pay.
e.
Normally, employees who are unable to donate blood, will
expeditionally return to their worksite or take appropriate leave. Prior
approval for such leave is not required.
SECTION 3. Family and Medical Leave. The Parties agree that
request for Family and Medical leave under the Family and Medical Leave Act of
1993 will be processed in accordance with the Act and governing rules and
regulations.
ARTICLE 17
PREMIUM PAY
SECTION 1. The Parties agree that premium pay authorized by Federal
Statute shall be administered according to law, rule, regulation, and this
Article, and that bargaining unit employees shall receive just compensation for
work which is entitled to premium pay.
SECTION 2. Overtime is premium pay and the opportunity to work
overtime will be offered to employees with the requisite skills and abilities in
a fair and equitable manner. The Employer agrees that, to the extent feasible,
overtime work will be on a voluntary basis.
SECTION 3. Procedures.
a.
Management will prepare a rotational roster in descending service
computation date (SCD) order of qualified employees with the requisite skills
and abilities at the lowest foreman or supervisory level.
b.
When overtime is necessary management will offer the opportunity to work
on a rotational basis in descending SCD order to available employees with the
requisite skills and abilities. Declination or non-availability will count as
though the opportunity was accepted. Employees in training or on detail may be
considered for overtime in their organizations.
c.
The rotational roster will be maintained on a continuing basis and will
indicate the date of the overtime and whether the employee's accepted or
declined the opportunity or if available.
d.
If not enough employees volunteer for an overtime opportunity, management
may direct in ascending SCD order.
e.
These rosters will be kept for at least one (1) year after use. Such
records may be reviewed by an employee upon request. When requested, these
records will be made available to the Union.
f.
Overtime work shall not be assigned as a reward or penalty.
g.
When the Employer determines that it is operational necessary to
continue utilizing an employee to complete a work assignment, Section 3 shall be
waived.
SECTION 4. Employees called back to work overtime, not continuous with
their normal tour of duty, will be compensated for a minimum of two (2) hours of
overtime.
SECTION 5. The Employer agrees that, when it is known sufficiently in
advance by the supervisor or foreman, employees will be notified of regularly
scheduled overtime one (1) week in advance of overtime scheduled outside the
basic workweek, and two (2) weeks in advance of overtime scheduled on holidays.
In the case of unscheduled or irregular overtime the notice, where practicable,
will be at least four (4) hours in advance of overtime to be worked outside the
basic workweek and at least twenty-four (24) hours in advance of overtime to be
worked on a holiday.
SECTION 6. Employees will be authorized the use of Government
telephones to notify a family member of overtime requirements when less than
twenty-four (24) hours notice is given.
SECTION 7. Normally, supervisors will not perform bargaining unit work
on overtime if qualified bargaining unit employees assigned to that organization
are available.
SECTION 8. Employees participating in Alternate Work Schedules (AWS)
will be compensated in accordance with those laws, rules, or regulations
appropriate for their situations.
SECTION 9. Hazardous Duty Pay. - The Parties agree that
employees covered by this Agreement will receive hazardous duty pay for all work
defined as such by law, rule, or regulation.
ARTICLE 18
POSITION DESCRIPTIONS
SECTION 1. Each employee covered by this Agreement shall be provided a
current position description which accurately reflects the major duties of
his/her position. If an employee believes that his/her position description is
not accurate, he/she may request a review by his/her immediate supervisor and be
assisted by a Union representative. Duties assigned that are unrelated to the
major duties of his/her position must be of an unforeseeable nature and must not
be on a continuing and recurring basis. Any major change in duties reflected in
the position description which is reflected in the employee's performance plan
will be subject to the ninety (90) day minimum appraisal period.
ARTICLE 19
REQUESTS FOR REASSIGNMENT
SECTION 1. Employee requests for reassignment from one section to
another in AVN-300 will be considered if the employee is qualified for the
position requested and a vacant position which is at the same grade and pay
level as the one presently held is available. Requests for reassignment from one
section to another may be submitted to the section manager or supervisor
concerned for consideration.
SECTION 2. Below section level the Employer agrees to give appropriate
consideration to a unit employee's written or verbal request for a change in
work assignment. Written requests for reassignment will be retained by the
supervisor or foreman to whom the request was addressed for a period of six (6)
months unless withdrawn or renewed by the employee. When an internal
reassignment or detail to a job in the unit is contemplated, the supervisor will
consider these requests prior to reassigning or detailing another unit employee.
ARTICLE 20
PROMOTIONS
SECTION 1. Promotions shall be made in accordance with applicable
laws, the Federal Personnel Manual, DOT/FAA Directives and this Article.
Selections shall be made from the best qualified and properly ranked candidates
using merit system principles and avoidance of prohibited personnel practices.
SECTION 2. Explanation of the basic merit promotion procedures. - When
a position vacancy is announced, an employee may submit a bid package. This
package is compared to the particular qualification standard for the position
announced. If the person is found to be qualified their bid package is submitted
to a Merit Promotion Ranking Panel for rating in accordance with the evaluation
plan for the advertised position. The individuals with the highest rankings
after this procedure are placed on a ranking list in order from highest to
lowest. From this ranking list candidates are placed on the promotion list in
alphabetical order. The selecting official then may select from among those
candidates on the promotion list.
SECTION 3. OPM'S prescribed qualification standards shall be used as
minimum qualification standards. Changes in the basic qualification(s), special
qualifications or requirements affecting bargaining unit positions will be
documented in the Personnel Office. The Union President will be notified of the
changes and they will be made available for his/her review. In the event a
qualification standard must be changed after a promotion process has started
because an incorrect standard was used or the OPM has issued a revised standard,
the Union President will be notified and provided with the changes and the
reason for the change.
SECTION 4. Before an employee goes on leave, detail, training, or
other temporary absence, he/she is responsible for making arrangements to have
an application submitted for a position for which they believe they are eligible
and in which they are interested, which may be advertised during his/her
absence. This may include providing his/her supervisor a completed SF-171, FAA
Form 3330-42 or any other necessary information. The employee's supervisor will
refer the application(s) to AMH-200 for specific vacancies as determined by the
employee.
SECTION 5. All vacancies to be filled by competitive promotion
procedures will be announced in the MMAC Position Vacancy Announcement and made
available to all employees in AVN-300. AVN vacancies will be announced for a
minimum of fourteen (14) calendar days prior to the closing date.
SECTION 6. Qualified unit employees in AVN-300 will be given
appropriate consideration for jobs in AVN-300. Concurrent consideration of
outside candidates may be provided to those who are eligible for transfer or
reinstatement or those within reach on OPM Registers. A person under concurrent
consideration, except for those on OPM registers, may not be appointed by
transfer or reinstatement to a higher graded position than his/her last position
or to a position with known promotion potential unless he/she is evaluated under
competitive procedures with agency employees and found to rank among the best
qualified.
SECTION 7. The Employer shall be responsible for assuring current
qualification standards for bargaining unit positions in AVN-300 are maintained
and available to employees. Position descriptions and the essential knowledge,
skills, abilities, and other characteristics (KSAO's) required to perform the
major duties of the positions will be identified. Qualification standards shall
be maintained in the Division Office (AVN-300) and available to employees upon
request.
SECTION 8. The supervisor's evaluation required by FAA Form 3330-52
entitled Knowledge, Skills, Abilities, and Other Characteristics (KSAO's)
Evaluation shall be evaluated in an objective and fair manner which precludes
personal bias or favoritism.
SECTION 9. An employee’s annual or sick leave balance will not be a
factor when considering unit employees for promotion. Excessive absences,
however, may create a perception of marginal dependability. If such an issue is
raised in a selection for promotion, a unit employee will be given the
opportunity to refute any perceived question of dependability which may
negatively affect his/her promotability.
SECTION 10. Evaluation Plans or special requirements shall not be
altered for the purpose of tailoring a position to meet the qualifications of a
particular individual.
SECTION 11. a. The 10 best qualified will be referred for a single
vacancy.
b. When ties in ratings occur, up to 15 names may be referred, with
any subsequent tie in score broken by referring those with the oldest service
computation date (SCD).
c. Two additional names, if available, may be certified for each
additional vacancy without grouping or ranking.
SECTION 12. All candidates on a promotion list shall be given an equal
opportunity to be interviewed unless the selecting official has sufficient
personal knowledge of an applicant through recent work association or recent
previous interview. If this condition is met the selecting official may then
interview only the unknown or unfamiliar candidates. The selecting official will
inform the candidates not interviewed the reason for excluding the interview.
When a candidate declines an interview such declination shall be documented on
the promotion list. Telephone interviews are permitted when distance or other
factors, such as leave, preclude personal interviews.
SECTION 13. When a selection is made the selecting official will make
the selection(s) within sixty (60) calendar days after receipt of the list of
qualified candidates. If no selection is made from the list and the announcement
is permitted to expire the selecting official will inform the referred
candidates or the Union on request the reason for failure to select a candidate.
Employees selected will normally be released not later than the beginning of the
second full pay period after the losing organization is notified of the
selection.
SECTION 14. Employees selected shall be notified in writing and
selections shall be publicized in accordance with Order 3330.1B, Paragraph 29b.
Names of internal reassignment candidates who are selected in connection with a
position vacancy announcement will be given to the Union on request.
SECTION 15. Employees will be notified of their eligibility,
ineligibility, referral, or non-referral according to existing procedures using
FAA Form 3330-42 or AC Form 3330-12.
SECTION 16. Upon request the Employer will provide the following
information to an employee:
a.
Who was selected for promotion.
b.
Whether the employee was considered for promotion and if so, whether
he/she was found qualified on the basis of the minimum qualification
requirements for the position.
c.
Whether the employee was one of those in the group for which selection
was made.
d.
In accordance with Privacy Act requirements the records used in
considering that individual for promotion.
e.
In what areas, if any, the employee should improve to increase his/her
chances for future promotion to positions requiring the same KSAO'S.
f.
The reason for selection of the person selected.
SECTION 17. Upon request the Union President or a designee will,
consistent with provisions of law, rule, or regulation, be permitted to examine
all records used as a basis for ranking bargaining unit employees for
promotions. Such information will include but is not limited to:
a.
Who was selected for promotion or filled the position.
b.
The names of the candidates on the selection list.
c.
The selecting official's reason for non-selection of those not selected.
d.
The rating scores of each candidate.
e.
Any records used in addition to the required SF-171 and KSAO's required
by the Merit Promotion Plan.
f.
Unless validly determined to be a supervisor's personal notes, a copy of
the spread sheet used to evaluate candidates and the record of the interviews
held.
The Union President or a designee may review unsanitized documents of the
above and upon request receive sanitized documents.
SECTION 18. When an employee is notified to report for a job interview
he/she will be given reasonable duty time up to two (2) hours, if the employee
desires to clean-up, change clothes, and make himself/herself presentable as
possible. This will be necessary unless the employee is notified twenty-four
(24) hours in advance of the interview time and date and can obtain permission
in the case of uniformed employees to wear clothing suitable for the job
interview.
SECTION 19. Grievances concerning the operation of the Merit Promotion
Program may be filed at Step 3 of the negotiated grievance procedure.
SECTION 20. The use of official time will not be a factor in
consideration for promotion.
SECTION 21. Employees selected for developmental positions shall be
promoted at the completion of 52 weeks in the developmental positions, unless
Management advises them by the 50th week of the intent to delay the promotion
and the reason(s). Promotion at an earlier date shall be dependent on the
employee meeting qualifications and other OPM requirements and demonstration of
performance at the higher grade level.
ARTICLE 21
TEMPORARY PROMOTIONS, DETAILS,
LOANS, AND REASSIGNMENTS
SECTION 1. The Parties agree that the Employer retains the right to
decide which positions, if any, will be filled by temporary promotion, detail,
or reassignment pursuant to the following procedures.
SECTION 2. Definitions for the purpose of this contract.
a.
Noncompetitive Temporary Promotions. A personnel action which may be
initiated when an employee is assigned to a higher graded position on a
temporary basis. The employee must meet OPM regulatory qualifications to fill
the position on a permanent basis. This action cannot exceed one hundred and
twenty (120) days and is documented by a Standard Form-50 (SF-50).
b.
Detail. When an employee is temporarily assigned duties that are a
change to either title, series, grade, or basic duties of the regularly assigned
position. All details in excess of thirty (30) days are documented by an SF-50.
c.
Loan. A detail, not documented by an SF-50, which exists when an
employee is temporarily assigned to another supervisor or organization where the
affected employee retains the same title, series, grade, and performs the same
basic duties as the regularly assigned position.
d.
Reassignment. A permanent change in position at the same grade as the
position currently held. This action is documented by an SF-50.
SECTION 3. In Regard to Temporary Promotions.
a.
When there is prior knowledge that an employee who meets all the legal
and regulatory requirements is to be assigned to the duties of a higher grade
position for more than thirty (30) days the Employer agrees to make the
assignment by temporary promotion.
b.
It is agreed and understood that noncompetitive temporary promotions will
not exceed one hundred and twenty (120) days, including prior service under
details in higher grade positions and/or previous temporary promotions during
the preceding year, without use of competitive promotion procedures.
c.
It is agreed that pay for temporary promotions will begin effective on
the date of assignment in accordance with Section 3(a).
d.
When a decision is made to effect a temporary promotion, bargaining unit
employees with requisite skills and abilities in the lowest organizational level
in which a vacancy exists who are otherwise qualified shall be considered first
for a temporary promotion. Upon request the selecting official will give a
written explanation for the rationale used to determine requisite skills and
abilities to an employee who grieves non-selection and to the employee’s
representative if representation is requested.
e.
When there is more than one qualified candidate with requisite skills and
abilities for a temporary promotion the candidates will be considered in
seniority order. Seniority will be determined by service computation date (SCD).
f.
The Employer agrees that temporary promotions will be documented in the
employee's official personnel folder.
SECTION 4. In Regard to Details.
a.
The Parties agree that details shall be used only for the purpose of
temporarily meeting situations resulting from abnormal workload, organizational
changes, or limited and unpredictable absences.
b.
Informal competitive procedures may be used or volunteers ranked on the
basis of seniority may be used to select bargaining unit employees for details
to higher graded positions. Employees will be given equal opportunity to
participate when there is more than one qualified employee.
c.
The Employer will make reasonable effort to avoid detailing employees to
lower graded duties. In the event higher graded employees must be selected to
fill lower graded positions, such selections will be made from volunteers. If a
sufficient number of volunteers are not available then inverse seniority may be
used as a factor in making selections.
d.
Under no circumstances will details be used for the purpose of reprisal.
e.
Details to positions within the unit at higher grades not requiring
competitive procedures will be limited to one hundred and twenty (120) days.
f.
The Employer will provide a method for recording details of thirty (30)
consecutive calendar days or more to ensure that the employee receives credit
for experience gained in the position. If an employee is intermittently detailed
or performing the majority of duties of another job for a period of less than
thirty (30) consecutive calendar days, the employee may complete and submit an
SF-172 to the Employment Division (AMH-200) when the accumulated period of the
detail totals at least thirty (30) days.
g.
Details shall not be used inappropriately to avoid or substitute for
other personnel or position actions; i.e., position classification,
reassignment, change to lower grade, or promotion.
SECTION 5. Loans.
a. Loans shall be limited to one hundred and twenty (120) days per
assignment.
b.
Loans shall be made in accordance with the procedures established in
Section 4 a, d, and g, of this Article.
SECTION 6. In Regard to Reassignments.
a.
Reassignments with promotion potential, i.e., career ladder, will be made
in accordance with merit promotion regulations. Preferential treatment based on
personal relationship shall not be a factor in selecting employees for
reassignments.
b.
A selecting official will not solicit reassignment candidates in order to
discriminate in regard to race, color, religion, national origin, sex, age,
physical handicap, martial status, parental status, political, or Labor Union
affiliation.
c.
Reassignments shall not be used to punish an employee or as a reprisal.
Such directed reassignments of an involuntary nature shall not be made for
arbitrary or capricious reasons. Upon request of the employee concerned or when
the employee requests Union representation, the Union may request from the
management official initiating the reassignment the specific reasons for the
action.
ARTICLE 22
PERFORMANCE APPRAISALS
SECTION 1. The Employer agrees to ensure:
a.
Expectations are established which will permit accurate evaluation on the
basis of objective, observable, and measurable criteria in relationship to the
specific outcome and the position.
b.
That supervisors inform and explain to employees the content and specific
meaning of the expectations established for their positions.
c.
That employees are allowed and encouraged to participate in the
development of expectations.
d.
That the employees position descriptions are kept current and accurate.
e.
That outcomes and expectations are consistent with and directly related
to the duties and responsibilities described in each employee’s official
position description.
f.
The performance evaluations shall be conducted in a fair and
equitable manner.
SECTION 2. The Employer agrees to ensure that first and second level
supervisors adhere to these requirements in regard to performance appraisals.
a.
Outcomes and expectations shall be stated in writing with a copy provided
to the employee prior to the employee being appraised on these outcomes and
expectations.
b.
Prior to the beginning of the appraisal period the supervisor shall
discuss with each employee the job outcomes and expectations he/she must
successfully accomplish and describe what is required for a meets expectations
rating.
c.
Performance plans shall be developed with employee/team input.
d.
Expectations shall be specific, objective, and clearly state factors such
as quality, quantity, timeliness, and manner of performance.
e.
Supervisors shall conduct at least three (3) performance appraisal
interviews during the appraisal period face-to-face or by telephone or writing
due to geographic distance.
f.
The end of appraisal interview and beginning for next appraisal period
shall consist of two distinct discussion periods.
(1) The beginning appraisal period interview shall be documented and
a copy presented to the employee.
(2) The mid-period progress reviews shall be made by the supervisor
whom the employee has been under for ninety (90) days, shall be documented, and
a copy presented to the employee.
(3) The end of appraisal period interview shall occur as soon as
possible after September 30th, or the end of the rating cycle but not later than
January 14th. Performance accomplishments and/or deficiencies shall be discussed
and documented and a copy presented to the employee.
g.
All performance appraisal interviews mentioned in Section 2(f) shall be
scheduled and the employee informed of the purpose of the interview; however,
said procedure does not prevent a supervisor from conducting informal
performance counseling sessions with an employee at anytime during the appraisal
period.
h.
The employee shall be informed of his/her right to agree or disagree with
any part of the appraisal including the rating for each outcome and/or the
overall rating of the appraisal; and his/her right to grieve the appraisal under
the negotiated grievance procedure, to file a discrimination complaint with the
EEOC. The employee may use either the negotiated grievance procedure or the EEOC
appeals procedure but not both.
i.
Employees for whom performance appraisals are required shall receive a
performance appraisal from an individual who has supervised them for at least
ninety (90) days.
j.
If the supervisor has erred by untimely completion of the performance
appraisal, the within-grade increase shall be made retroactive to the date it
was originally due.
k.
When not in conflict with this agreement agency regulations should be
followed to ascertain meets expectations performance ratings for within-grade
pay increases. In cases of negative determination the employee and the
employee's representative, if representation is requested, shall be allowed to
prepare and/or examine on official time the Request for Reconsideration before
submission.
l.
Performance that Does Not Meet Expectations. Both the first
and second level supervisors must approve or disapprove all final ratings of
Does Not Meet Expectations, including those recommended by teams. Supervisors
will not assign this rating without first (a) contacting their servicing HRMD;
(b) notifying their managers of the proposed decisions, and (c) coordinating
this action with the organization’s administrative staff.
m. The original or a copy of the performance appraisal, will be
maintained in the employee performance folder. The employee shall be allowed to
view the performance appraisal and his/her official personnel folder and the
employee performance folder upon request. Procedures for access to these
folders will be in accordance with current rules and regulations.
n.
The employee shall be allowed the opportunity to respond orally or in
writing or both to the first and second level supervisor's written comments. In
the space for comments on the appraisal documents, the employee shall be allowed
to enter or affix any written comments he/she wishes to make concerning the
evaluation and will be given reasonable and adequate official time to do so. If
the employee requests the services of the Union in the preparation of these
comments, the Union representative shall be allowed reasonable and adequate
official time to assist the employee. If the employee permits, the Union
Representative may enter pertinent comments or observations to the document.
SECTION 3. Unacceptable Performance. The Employer will at the
earliest time notify an employee when his/her work performance becomes
unacceptable and does not meet expectations. Prior to initiating an action to
remove or downgrade an employee, the employee must be given in writing:
a.
Notice of unacceptable performance in one or more critical outcomes of
the employee's performance expectations and at least thirty (30) days to bring
performance to an acceptable level. The supervisor will specifically identify
the performance problem(s) area. During the thirty (30) day improvement period,
the employee will be given the opportunity to work on those portions of the job
that are unacceptable, but not to the exclusion of other work assignments. A
longer period may be warranted depending on the nature of the employee's
position and the performance deficiency involved. The supervisor will ensure
that the employee receives adequate work-time in order to improve the area that
has been declared unacceptable.
b.
Information as to how the supervisor will assist the employee in that
effort.
c.
Information as to what the employee must do to bring performance to an
acceptable level in that period.
d.
A reevaluation of the employee's performance biweekly for the period.
e.
Notice of Proposed Action. An employee whose reduction in grade or
removal is proposed is entitled to at least thirty (30) days advanced written
notice which informs the employee:
(1) Of the nature of the proposed action.
(2) Of the specific instances of unacceptable performance by the
employee on which the proposed action is based.
(3) Of the critical outcomes of the employee's position involved in
each instance of unacceptable performance.
(4) The time to reply.
(5) The right to be represented by the Union or other representative.
(6) The right to make an oral and/or written reply and to receive a
written decision with appeal rights.
f.
Decision. After full consideration of the case, where warranted,
management will remove/demote or reassign the employee. The decision will be
concurred in by an official who is in a higher position than the official who
proposed the action.
The decision letter to an employee stating that removal or demotion action
under this Article will be taken, will inform the employee that may grieve the
action through the negotiated grievance procedure.
SECTION 4. It is understood and agreed that employees who are engaged
in official activities as Union Representatives pursuant to this Agreement and
Chapter 71, of Title 5 of the U.S.Code will not be penalized because of the time
expended in such activities when evaluation of said employee's level of
performance is determined by the employee's supervisor in the performance
appraisal. (Title 5 USC 7102; 7131)
ARTICLE 23
TRAINING AND DEVELOPMENT
SECTION 1. The Employer and the Union agree that training and
development of all employees within the bargaining unit will improve the
effectiveness of AVN-300. To effectuate and further this policy, management will
continue to provide training programs to further develop the skills of employees
to keep abreast of workload changes.
SECTION 2. The Employer will advise eligible employees of all
applicable training opportunities in those critical areas within AVN-300.
SECTION 3. The Employer, in accordance with the intent of PL 95-454
which indicates it is the policy of the Government to retrain employees to avoid
separation during reductions in force to prevent loss of knowledge and
experience agrees to make a sincere and reasonable effort to retrain a
bargaining unit employee (who may possibly be removed due to reorganization,
contracting out, or reduction-in-force) to qualify for a position which may be
equal in pay to the position to be eliminated.
SECTION 4. When the Employer utilizes cross-training in order to
achieve adequately trained employees, the manager's/supervisor's decision to
select an employee for cross-training will not be based upon personal
favoritism. Management will make every reasonable effort to comply with
cross-training requests and assist employees in partaking in training necessary
to improve individual performance and efficiency.
SECTION 5. The Employer will make reasonable efforts to avoid
requiring lower graded employees to train higher graded employees unless
circumstances warrant.
SECTION 6. When scheduling employees for training, the Employer will
seriously consider the employee’s personal reasons for not desiring training
at that time and will give as much advance notice as practicable to employees
who are being assigned to training courses.
SECTION 7. The time spent in training will be charged to the correct
accounting code. Upon request all such documentation will be made available to
the employee or the Union in written form.
SECTION 8. The Employer agrees that, when a Unit employee is issued a
travel order to attend the FAA Academy for a period of fifteen (15) calendar
days or more, the Employee shall be authorized to travel by privately owned
vehicle (POV). Such travel shall be deemed to be advantageous to the Government.
Privately owned vehicle travel expenses to and from the FAA Academy shall be
paid at the rate applicable to such travel as prescribed by agency-wide
directives. Payment for local mileage is not authorized.
SECTION 9. A Unit Employee, otherwise entitled to POV under Section 8
of this Article may elect to use common air carrier for travel to and from the
FAA Academy and the use of a rental vehicle on a flat rate-rate basis while at
the FAA Academy. No extra charge for miles driven will be paid. Reimbursement
for common air carrier and rental vehicle shall not exceed the constructive cost
of POV advantageous. Where practical rental vehicles will be obtained from the
GSA supply contract.
SECTION 10. The Veterans Readjustment Appointment Program will be
administered in accordance with applicable laws and regulations.
SECTION 11. Upon request the Union shall be provided with lists of
selectees in the bargaining unit for training and scheduled courses attended for
the previous fiscal year and projections for the present fiscal year.
SECTION 12. The Employer will at all times be equitable and fair in
determining candidates for non-job related training and will seriously consider
employee's requests for such training and avoid favoritism in granting or
refusing employee requests.
SECTION 13. The Employer will make reasonable effort to arrange an
employee's hours of work to accommodate employees pursuing education and
training which is of mutual benefit to the Employer and employees.
SECTION 14. In accordance with budget limitations and mission
requirements, job-related educational courses at local colleges and universities
may be made available to employees at Government expense. Application and
acceptance by the university will be the employees responsibility. Although
training or education will not be provided solely for the purpose of obtaining
an academic degree, this prohibition does not limit authority to assign
employees to training to develop skills, abilities, and knowledge for the
performance of official duties.
SECTION 15. The Employer will provide training opportunities to
employees of the bargaining unit without regard to race, color, age, religion,
sex, national origin, physical handicap, marital status, parental status,
political, or Union affiliation. Employees may apply for training for which they
qualify and are free to discuss training needs with their supervisors and with
employee development specialists or staffing specialist servicing their
organizations.
SECTION 16. The Employer agrees to continue the policy of providing
on-the-job training for employees. Training will be recorded on the supervisor's
record of the employee and filed in his/her official personnel folder in
accordance with applicable regulations.
SECTION 17. The Employer recognizes its continuing responsibility to
have a well-trained work-force. Management will identify training needs of
employees and upon request will discuss expected needs of the organization with
the Union.
SECTION 18. When there is an internal section requirement for certain
mandatory training courses provided by the Employer to be completed as a
requirement for promotion to a higher grade in the same job series and function,
such a requirement will be confirmed in written form and applied equally to all
employees in that job series. Such requirements will be presented to the
employees concerned indicating the specific training courses the employee must
complete. Such written requirements will be given to the Union upon request. If
the requirements are changed, the Union will be notified, presented with the
change and permitted to negotiate on the impact and implementation of that
change. A supervisor will not withhold training from an employee with the intent
of preventing that employee from being promoted. When a new employee is
officially assigned to a position with such requirements, training will begin as
soon as possible unless there are valid reasons why training is delayed. When
there is an anticipated delay the employee will be notified of the date training
will begin and given as much advance notice as practicable in order to be
available for such training when the training is available.
SECTION 19. a. If the Employer decides to authorize an employee(s) to
attend Aviation Safety Inspector (ASI) Indoctrination training volunteers will
be solicited from qualified bargaining unit employees who have not previously
attended the training. Selection will be made by service computation date (SCD).
b.
The names on the list shall reflect seniority and follow in descending
order from highest seniority to the lowest.
c.
If the employee who is next to be selected is ill, on TDY, in other
schooling, or otherwise unable to attend for valid reasons not controllable by
the employee, the employee will be offered the next opportunity to attend.
ARTICLE 24
EQUAL EMPLOYMENT OPPORTUNITY
SECTION 1. The Parties agree to work cooperatively to ensure that all
employees have equal employment opportunity and that no one is discriminated
against because of race, color, national origin, sex, religion, age, or
handicapping condition. Equal Employment Opportunity (EEO) shall be promoted
through a positive continuing program pursuant to directives of the EEOC,
Federal Law, and FAA Regulations and Policy.
SECTION 2. The Employer agrees to ensure that complaints of
discrimination are promptly and fairly considered and that every effort will be
made to provide for just and expeditious resolution of each complaint; and that
persons who allege discrimination or who participate in the presentation of such
complaints are free from restraint, interference, coercion, discrimination, or
reprisal.
SECTION 3. The Parties mutually agree that the Union may nominate
individuals to serve as Equal Opportunity Counselors. No employee, may serve as
both an EEO Counselor and as a Union Official.
SECTION 4. Employees may be represented by the Union at any stage of
the processing of an EEO complaint if the complainant requests Union involvement
and the Union agrees to provide a representative.
SECTION 5. The Employer is responsible for managing all human
resources effectively in carrying out the mission of the FAA and achieving
program objectives. This responsibility requires that all supervisors must:
a.
Treat all employees fairly in all matters affecting or related to
employment.
b.
Implement, by action and deeds, the agency's commitment to and support of
the EEO Program.
SECTION 6. When any changes to FAA Affirmative Employment policy are
made which affect working conditions the Union will be provided notice and an
opportunity to bargain pursuant to law and regulation.
SECTION 7. A handicapped or a temporarily or permanently disabled
employee may request the Employer to take actions to reasonably accommodate the
employee's condition. Such request must be in writing and state the claimed
handicap or disability, as well as, the specific action requested of the
Employer. The request will be submitted to the Branch Manager through the
immediate supervisor. A response to a request for reasonable accommodations to a
handicap will be provided within twenty (20) calendar days. The request must be
accompanied by a duly licensed physician's statement which must contain at least
a diagnosis, prognosis, and duration of disability. The response may suggest
alternative methods to reasonably accommodate the handicap. If a response cannot
be provided within twenty (20) days the employee will be informed of the reason
for the delay and the date when an answer can be expected. A decision to deny a
request will be presented in writing and may be grieved at Step 2 of the
negotiated grievance procedure.
ARTICLE 25
TRAVEL - TDY
SECTION 1. a. To the maximum extent practical, the Employer shall
schedule the time to be spent by a Unit Employee in a travel status away from
his/her official duty station within the regularly scheduled workweek of the
Unit Employee. When travel must be accomplished outside the Unit Employee’s
regularly scheduled tour of duty, and the Unit Employee cannot be compensated,
the Employer shall record the reasons for scheduling the travel during nonduty
hours and shall furnish a copy to the Unit Employee upon request.
b.
When TDY is available, Unit employees with requisite skills and abilities
will be contacted and given equal opportunity for TDY. Employees will be
contacted by seniority using descending SCD.
SECTION 2. In accordance with the requirements of the Federal
Personnel Manual, employees shall be paid for time in a travel status outside of
their work schedule and away from their official duty station when:
a.
The travel involves actual work while traveling,
b.
The travel is incidental to travel that involves the performance of work
while traveling,
c.
The travel is carried out under such arduous and unusual conditions that
the travel is inseparable from work,
d.
The travel results from an event which could not be scheduled or
controlled administratively.
SECTION 3. The Employer agrees to issue travel orders when travel
requires an overnight stay away from the employee's permanent duty station.
Issuance of travel orders will be determined by the ability to arrive at the
destination and return within a normal eight (8) hour workday.
SECTION 4. The travel order will contain the following:
a.
Purpose of travel assignment.
b.
Days on which travel is scheduled.
c.
Anticipated duration of assignment.
d. Mode of transportation to the destination.
SECTION 5. Upon request the Employer agrees to make necessary
arrangements for travel, quarters, and authorize a rental car in advance.
Employees shall not be required to utilize military quarters when adequate
private accommodations are available.
SECTION 6. Advance Travel Funds.
a.
The Employer agrees to the use of advance travel funds for travel when
authorized for Unit employees.
b.
Monetary advances for employees not authorized charge cards under the
alternative travel payment system shall normally be no less than 80 percent of
the anticipated travel expense. The authorization of monetary advances will be
documented on the SF-1038 by the employee's supervisor.
c.
It is agreed unit employees who are authorized charge cards may choose to
obtain or not obtain such cards. The Employer agrees to explain the advantages
and disadvantages incurred with possession of the credit card.
d.
Any dispute over billings will be between the employee and the company
issuing the credit card.
e.
Disciplinary action against a unit employee which is contemplated or
effected by the Employer for alleged failure to pay billed charges made in
connection with the travel charge card will be covered by disciplinary
procedures negotiated in this Agreement.
f.
In the event of lost or stolen credit cards and/or disputed charges, unit
employees will be allowed use of Government facilities, services, and official
duty time for the necessary actions required to resolve the problem.
g. Official duty time shall be granted for completing travel
vouchers. The Employer agrees to assist employees, when requested, in
preparation and mailing in order to meet the time requirements for submission of
the travel claim.
h.
The Employer agrees to make every effort practicable to preclude an
employee’s use of personal funds for payment by facilitating and processing
the employee’s claim within the time limits required.
i.
Employees separating from the activity, if required to return charge
cards, will receive a written and signed receipt from the agent of the Employer
designated to receive the card.
j.
In the event a unit employee finds himself/herself stranded on officially
authorized travel to or from or at the destination point without sufficient
advance funds due to loss of the credit card, the employee may contact the
management official who authorized the travel by collect telephone call with a
request for assistance. The Employer will endeavor to promptly assist the
employee to the maximum extent practicable.
SECTION 7. When operational requirements permit a choice of mode of
travel, i.e., Government owned aircraft, automobile, commercial aircraft or
personally owned vehicle, employees may exercise this choice. The employee will
be reimbursed on a cost comparison basis to be paid the lesser of the two
amounts.
SECTION 8. If a temporary duty assignment requires a unit employee to
be away from his/her official duty station for more than thirty (30) calendar
days, the Employer will allow the employee to voluntarily return home during
nonworkdays. In accordance with applicable laws and regulations, the Employer
will pay travel expenses not to exceed the amount of per diem an employee would
have received while on TDY.
SECTION 9. The Parties agree to the provisions of DOT Order 1500.11
and AC Order 1770.5H relative to telephone calls while in TDY status.
a.
Employees with a Government AT&T calling card are allowed one
call per day to their residence, not to exceed five minutes per call. These
employees will not be reimbursed on their voucher for authorized calls to their
residence or family.
b.
Employees who do not have a Government AT&T calling card are also
limited to one five-minute call per day and may claim no more than $5 for each
day in a travel status for which a call is placed. Receipts are not required.
c.
In those instances where calls are made from outside the continental
United States, a claim of no more than five documented minutes may be made for
each day in a travel status. If a receipt is not available, $10 is the maximum
reimbursement allowed for calls from outside the continental United States.
ARTICLE 26
AIRCRAFT SUPPORT TRIPS
SECTION 1. The Employer agrees to offer aircraft support trips in an
equitable and fair manner among qualified employees. When the trip may require
an overnight stay, personnel will be provided time to go home and prepare for
the trip. If the requirement for assistance is determined within a three (3)
hour period of a shift change, qualified personnel from the oncoming shift will
be called to come in as soon as possible prepared to make the trip. The Employer
will arrange for travel orders and advance of funds as required according to
applicable regulations.
ARTICLE 27
COMMERCIAL ACTIVITY
SECTION 1. The Parties recognize the Employer's right to make
determinations with respect to contracting out and the Union's right to
negotiate pursuant to Article 3 and Article 10 of this Agreement and 5 USC 7106
and 5 USC 7114.
SECTION 2. The Employer agrees to comply with all appropriate
provisions of the Federal Acquisition Regulation 48 CFR Section 7.3 et seq.,
OMB Circular A-76, as revised, OMB Circular A-126, as revised, this Agreement,
and other applicable laws, rules, and regulations concerning the acquisition of
commercial products and services.
SECTION 3. The Employer agrees to, as early as practical, inform the
Union in writing regarding any impending commercial activity review of a
function within the bargaining unit. The Employer agrees to periodically discuss
these reviews with the Union, to seek the Union's input, and to give such input
serious consideration.
SECTION 4. The Union will be notified within five (5) workdays in
writing when a cost study, which may adversely affect bargaining unit employees,
is to be conducted. The adverse impact on bargaining Unit employees will be
minimized to the maximum extent practical.
SECTION 5. The Employer agrees to meet with the Union on a regular
basis, no less than bi-monthly, during the development and preparation of the
Performance Work Statement (PWS) and to consider the views of the Unit employees
performing the task subject to the commercial activity review. The purpose of
these meetings are to insure that management has complete and accurate
information for the PWS.
SECTION 6. The Employer agrees to meet with the Union on a regular
basis, not less than bi-monthly, during the development and preparation of the
Most Efficient Organization (MEO) and to consider the views of the bargaining
unit employees performing the task subject to the commercial activity review.
The purpose of these meetings is to insure that management has complete and
accurate information for the MEO.
SECTION 7. The Employer agrees to timely provide to the Union such
data and documentation that would be available to bidders, offerers, or the
general public, and as provided by the Federal Labor-Management Relations
Statute, during the course of the commercial activity review. When the initial
decision to award or cancel the contract is announced, all documentation
supporting the decision to contract-out or to perform in-house that is
releasable under appropriate laws, rules, or regulations will be provided upon
request of the Union. The Employer agrees to timely and directly notify the
Union of any such decision(s).
SECTION 8. The Union will be informed by the Employer of pre-bid and
bid opening conferences that are open to the general public, bidders, or
offerers, and offered the opportunity to attend.
SECTION 9. The Employer will inform the Union of scheduled "walk
through" by bidders or offerers of the function undergoing consideration of
conversion to contract and offer the Union the opportunity to have a
representative present.
SECTION 10. The Employer will permit only those offers recognized
under the appropriate law, rule, or regulation to be submitted by contractors
for use in the cost comparison with in-house costs.
SECTION 11. The Employer recognizes the "right of first
refusal" contained in OMB Circular A-76, Part 1, Chapter 3 (c) at I-18
(1983 ed.) and will inform bargaining Unit employees of this right. The refusal
of an offer made by a successful bidder will in no way affect any rights a
bargaining Unit employee has under applicable RIF procedures.
SECTION 12. The Employer agrees that, in the interest of minimizing
the adverse impact of a contracting out action on bargaining Unit employees,
when such an impact is anticipated, the Employer will give serious consideration
to restricting new hires and to giving employees who would otherwise be demoted
or terminated first consideration for vacant positions for which qualified at
the same or lower grade. The Employer will give consideration to waiving
qualifications in accordance with Article 33 of this Agreement. The Employer
will adhere to the appropriate grade and pay retention regulations.
SECTION 13. The Employer agrees to brief all affected bargaining Unit
employees regarding their statutory rights, including information on job offers,
severance pay retirement, and the "right of first refusal" with the
successful bidder or offerer. The Union will be informed of these briefings and
allowed to participate.
SECTION 14. A Union representative will be authorized to receive such
training that is given to the officials of AVN-300 involved in the preparation
of a commercial activity review. If available, the Union will be given a copy of
any training material used to train officials of AVN-300 in any phase of the
commercial activity review.
SECTION I5. When the Employer establishes teams for the purpose of the
development of a PWS or MEO, the Union may be a member of such team(s). The
Union President or designee shall serve as the Union's representative.
ARTICLE 28
OCCUPATIONAL SAFETY AND HEALTH
SECTION 1. The Parties agree that Occupational Safety and Health
Programs will be administered in accordance with applicable law, rule, and
regulation.
a.
The Employer will provide a safe and healthful work environment and
working conditions in compliance with rules and regulations of the Occupational
Safety and Health Act (OSHA).
b.
The Union shall cooperate with the Employer and encourage employees to
work in a manner which promotes safety in the work place.
c.
It is recognized that each employee is responsible for personal safety
and utilization of safety equipment furnished by the Employer and shall promptly
apprise the immediate supervisor of any unsafe working conditions observed in
the work area. In the event the employee believes corrective action has not been
taken he/she may refer the issue to the Union representative who in turn will
present the matter to the Employer.
SECTION 2. Protective clothing and equipment required by applicable
law and agency regulation shall be furnished by the Employer to those employees
who have need to be in a potentially dangerous area in performance of assigned
duties.
SECTION 3. The Employer shall continue to offer first aid/CPR training
for all unit employees and provide for prompt emergency transportation and
treatment in the event of an on-duty injury or illness.
SECTION 4. The Employer shall not assign an employee to work alone in
a known potentially dangerous operational area unless provisions have been made
for prompt assistance to the employee in the event of an accident.
SECTION 5. The Employer agrees to continue safety training for
employees, recognizing that new and inexperienced employees are the most likely
to be involved in an industrial accident and further agrees that providing
instruction to employees required to perform duties which involve real or
potential dangers, benefits everyone. The use of an unfamiliar machine or tool
without knowledge of the procedures to safely perform the work utilizing proper
work methods and protective equipment can be disabling to the worker and costly
to the Employer. Therefore, all persons in AVN-300 must recognize that safety in
the work-place is a daily responsibility and give requisite consideration to the
dangers involved when unsafe practices are used.
SECTION 6. Where work is to be performed in enclosed areas where
flammable or toxic vapors may exist, the Employer agrees to maintain such areas
within acceptable safety parameters as established by the manufacturer's
material data sheets when feasible, otherwise, the Employer will provide
appropriate safety equipment. The Employer will provide suitable methods and
devices for disposal of chemicals, solvents, and other substances in accordance
with applicable State and Federal Law. If an area is unsafe, appropriate safety
equipment must be utilized by the employee.
SECTION 7. Where employees may be exposed to radioactive materials,
X-ray, and other dangerous electronic emissions, the Employer shall assure that
employees are apprised of the danger involved and cautioned to use appropriate
shielding, loading devices, and protective procedures to prevent injury to the
employees operating such equipment or other employees who may accidentally be
exposed to such types of radio-frequency and radar-transmissions. When there is
sufficient data to indicate possible hazards, electronic equipment shall be
periodically tested for radioactive emissions to ascertain safe levels for
technicians operating, testing, or repairing such equipment.
SECTION 8. The Employer shall periodically test all unit employees for
hearing damage due to exposure to excessive noise levels.
SECTION 9. The Employer will make every reasonable effort to
accommodate unit employees who are subject to extreme combinations of heat,
humidity, or extreme cold, in the performance of their duties. Such
accommodation will normally include provision of extra protective clothing
during extreme cold temperatures and portable cooling devices during extreme
heat. Such accommodation may be given by allowing longer breaks away from the
extreme conditions and/or moving aircraft from the flight line to the
maintenance hangars when feasible. The Employer will make every reasonable
effort to maintain indoor building temperatures within parameters established by
law, rule, or regulation.
SECTION 10. When an employee, during the performance of their official
duties believes he or she is exposed to a health or safety hazard which presents
an imminent danger which may cause death, injury, occupational illness/loss of a
facility, or major property damage, the employee shall cease the activity in
order to immediately contact the nearest available supervisor. The supervisor
shall make an evaluation and after discussion with the Safety Office and the
Union Representative, if available, will make a decision whether work may
proceed.
SECTION 11. The Employer agrees to post notice of hazardous conditions
discovered in a work-place. The notice shall be posted at or near the location
of the hazard and shall remain posted at least three (3) days or until the
condition has been corrected, whichever is greater.
SECTION 12. The Employer agrees to continue to provide physical
examinations for those employees who have been exposed to occupational health
hazards.
SECTION 13. The Employer will assist employees who are injured on the
job in completing proper injury compensation forms in a timely manner and
informing employees of proper medical information needed.
SECTION 14. Accident records will be maintained by the Employer as
required by applicable law and agency regulations, and where permitted by
regulation or directive, will be made available for review by the Union upon
request.
SECTION 15. The Employer will promptly notify the Union in the event
of a serious on-the-job injury or death with the name of the employee(s)
involved after contact has been made with the employee's emergency addressee.
SECTION 16. The Safety Committee for the Flight Inspection Maintenance
Division (AVN-300) and the MMAC Safety Committee shall have the opportunity to
have appropriate Union Representation on these committees. When a survey or
study by the committee(s) is conducted, the Union Representative who has been
designated by the President of Local 2097 to be a member of the committee(s)
will participate fully in such survey(s) or study.
SECTION 17. The Union shall be notified when a formal work-site
inspection is conducted by the Employer's safety personnel or OSHA inspector(s).
The Union will be given the opportunity to provide a representative(s) to
accompany the Employer's inspectors or OSHA inspector(s) on all such safety and
health inspections. When an unsafe or unhealthful condition is identified, the
Manager of AVN-300 or his/her designee will inform the Union President or
his/her designee.
SECTION 18. The Employer agrees to provide, to the extent required by
the applicable law, rule, or directive, instructional guidance to Union
representatives in the area of occupational health and safety as operational
requirements permit. The Employer agrees to consult with the Union in
determining the introductory or specialized courses needed and the scheduling of
such courses which would enable the Union to effectively assist in conducting
work place safety and health inspections.
SECTION 19. The Employer agrees to supply and maintain on a regular
basis an adequate number of operable fire extinguisher and advise employees of
their proper use.
SECTION 20. The participation of Union representative(s) under this
Article shall be on official time if representative(s) are otherwise in an
official duty status.
ARTICLE 29
SMOKING
SECTION 1. The Employer and the Union agree that the rights and needs
of nonsmokers and smokers should be recognized and preserved pursuant to GSA
amendments to Title 41, Part 101-20 of the Code of Federal Regulations.
SECTION 2. Smoking is prohibited in all areas controlled by the Flight
Inspection Maintenance Division (AVN-300) and occupied by NFFE Local 2097
bargaining unit members as their regularly assigned duty station except in
properly ventilated and separated areas designed by the Employer as smoking
areas.
SECTION 3. A properly ventilated and separated area is one that is
physically separated from non-smoking areas by enclosed walls and doors. It must
have a ventilation system that vents tobacco smoke to the outside so as not to
enter non-smoking areas. It also must not be an area employees are required to
use.
SECTION 4. If a properly ventilated and separated area exists, or if a
properly ventilated area can be separated by making minor modifications within
funding limitations, it may be designated as a smoking area if the Employer
determines it is appropriate.
SECTION 5. If a properly ventilated and separated space is not
available or can not be made available in accordance with Section 4 above, the
Employer shall designate outside smoking areas wherever practical.
SECTION 6. The Employer agrees to post and enforce "NO
SMOKING" rules in any location where flammable liquids, gases, vapors, or a
collection of readily ignitable and combustible materials are stored.
SECTION 7. Smoking shall be prohibited in areas where aircraft are
parked, stored, or fueling of aircraft is conducted.
SECTION 8. It is the responsibility of the Employer to post and
designate smoking areas.
SECTION 9. When changes in the location of individual smoking areas
are contemplated, the Union will be consulted and permitted to provide input to
the decision. Other changes will be subject to provisions of Article 10 of this
Agreement.
ARTICLE 30
EMPLOYEES RIGHT TO PRIVACY
SECTION 1. The Employer agrees to collect, maintain, use, or
disseminate records of identifiable personal information concerning unit
employees only for necessary and lawful purposes, and ensure that such
information is timely and accurate for its intended use and adequately
safeguarded to prevent misuse and unauthorized disclosure.
SECTION 2. In order to ensure accuracy of records maintained by the
Employer, the Employer shall when requested by the employee permit the employee
to:
a.
Know what records are being collected, maintained, or used by the
Employer which pertain to him/her.
b.
Have access to and a copy of all or any portion of his/her records.
c.
Correct or amend his/her records in accordance with law, rule, or
regulation.
SECTION 3. In order to protect individual employees from an
unwarranted invasion of privacy the Employer shall ensure that:
a.
The employee's Official Personnel Folder will be viewed only by the
employee, the employee's representative upon written designation by the
employee, or a designated official of the agency for official purposes only.
Proper identification must be provided by the Party seeking access to the file.
b.
A supervisor's personal notes, papers, and records concerning an
employee will not be disclosed in any manner, except to the individual who is
the subject of the record or to the persons authorized to have the knowledge in
accordance with law or regulation. If the notes are typed by or made available
to any other person or office, the status is changed to that of a personnel
record.
SECTION 4. Employees have a reasonable expectation of privacy in
regard to their person or personal possessions. The employer will not search
bargaining unit employees or examine the personal effects of an individual
employee without evidence of wrongdoing or reasonable and probable cause.
Probable cause is a suspicion founded upon circumstances sufficiently strong
enough to warrant a reasonable person to believe the charge is true. If a search
is conducted the reason for belief will be documented and provided to the Union
upon request.
SECTION 5. The Employer recognizes that an employee has the right to
challenge entries on any record used in the negotiated grievance procedure.
SECTION 6. In accordance with Order 1350.22A, Paragraph 429, the Human
Resource Management Division shall announce by a notice to all current
bargaining unit employees in their jurisdiction at least annually, that at the
employee's request. he/she will be provided with an opportunity to review
automated and manual personnel records that are maintained concerning the
employee that have the potential of being used in making a determination about
the employee or being disclosed under routine uses outside the Department of
Transportation (DOT).
ARTICLE 31
TESTING FOR ILLEGAL DRUGS AND
ALCOHOL
EMPLOYEE ASSISTANCE PROGRAM
SECTION 1. The Parties agree that testing of unit employees for
illegal drugs and alcohol and the Employee Assistance Program shall be conducted
in accordance with law, rule, or regulation and this Article.
SECTION 2. The Employer agrees to comply with the applicable executive
order which authorizes the Secretary of Health and Human Services (HHS) to
promulgate drug and alcohol testing guidelines for drug and alcohol testing
programs and requires the Employer to conduct a drug and alcohol testing program
in accordance with HHS guidelines once promulgated.
SECTION 3. The Employer will endeavor to provide briefings for all
employees newly identified as subject to random testing at least twenty (20)
days prior to initiation of such tests. The Union shall be notified of these
briefings and be allowed to attend and speak at these briefings.
SECTION 4. Any additions or subtractions from the population of
positions and/or employees subject to random drug and alcohol testing will be
made in accordance with applicable regulations.
SECTION 5. The Employer shall continue to maintain "chain of
custody" and testing procedures which prevent an individual employee’s
sample from being transposed with another sample and eliminates errors which
could permit an innocent employee to be unjustly branded a user of illegal drugs
or alcohol or required to endure a drug and alcohol rehabilitation program
without justification. In the good faith effort to ensure an error free
procedure the Employer agrees to the following procedures:
a.
When the urine sample is to be provided and the employee makes a request,
he/she is entitled to Union representation during the collection of the sample.
The representative shall observe all actions of the collection site monitor.
b.
If a selected employee is unable to provide a sufficient volume of urine
within a reasonable period of time on the appointed day, the employee will be
scheduled for another time.
c.
After the Employer has determined that a tested specimen has been
confirmed positive, the Employer shall advise the employee that he/she may
request a second test of the specimen and will arrange contact with the Medical
Review Officer, if desired. The second test will be conducted at the same
laboratory. The employee can also request a second test at another certified
laboratory. In such instances, the laboratory used by the Employer will send a
portion of the original sample to the laboratory designated by the employee.
d.
When an employee is notified of a confirmed positive, prior to any
meetings, the employee shall be notified of his/her right to Union
representation at any meetings concerning the test result. This right shall
extend to meetings with any medical personnel.
e.
The Union shall be given copies of all laboratory proficiency test
results which are maintained by the agency. If agency officials visit the
laboratory for an inspection, the Union shall be entitled to designate an
observer to attend this inspection.
f.
Employees shall not be required to disclose the legitimate use of a
specific drug or alcohol at the outset of the program. Employees will have the
opportunity to provide documentation supporting legitimate usage upon a positive
test result. The employee shall be allowed to list all non-prescription and
medical documentation of prescription medications currently being used or have
been used in the past six (6) months. This documentation shall be presumed to be
a valid explanation of the positive urinalysis.
g.
The employee will be allowed a reasonable amount of duty time to research
the names of the medications used and shall have availability to agency
telephones for contacting the physicians who prescribed the medications and/or
the druggist from whom purchased.
SECTION 6. The Employer agrees that employees subject only to
reasonable suspicion, accident, and unsafe practice testing will not be tested
for arbitrary, capricious, or frivolous reasons.
SECTION 7. The Employer shall establish procedures which allow for
individual privacy when providing urine specimens unless the Employer has reason
to believe that a particular individual may alter or substitute the specimen to
be provided. Any "reason to believe" observation must be concurred in
by a higher level supervisor of the collection site person.
SECTION 8. If the urine sample is to be provided off-site, the
employer shall provide transportation to the site. Travel to and from the
laboratory or test site will be on official time.
SECTION 9. Disciplinary or adverse actions concerning drug or alcohol
testing or drug and alcohol usage proposed by the Employer shall be taken in
compliance with applicable law, rule, or regulation, including Public Law 95-454
of the Civil Service Reform Act of 1978 and this Agreement. A decision letter of
removal issued by the Employer in connection with the drug and alcohol testing
program may be grieved at Step 3 of the negotiated grievance procedure or may be
appealed to the Merit Systems Protection Board; either procedure may be used,
but not both.
SECTION 10. The Employer shall maintain and ensure strict
confidentiality and safeguards which protect records of negative and confirmed
positive test results and related medical and rehabilitation records from those
without the right to know or possess such information. The employee concerned
will be informed of test results and if Union representation is requested, such
information will be furnished to the Union in connection with a grievance or
investigation of a grievance concerning a drug test upon permission of the
grievant.
SECTION 11. Union representatives named by the President of Local 2097
will receive extensive training from the Employer on the DOT and FAA drug and
alcohol testing program on official time if otherwise in a duty status.
SECTION 12. The Employee Assistance Program. The Employer shall
inform employees concerning all aspects of the Employee Assistance Program.
a.
Employee participation in the program shall be voluntary. If a drug and
alcohol test report is positive and the employee does not wish to challenge its
findings, the Employer will make reasonable accommodations for the employee's
drug or alcohol abuse problem by providing him/her access to the Employee
Assistance Program. If the employee chooses to participate in the program,
following a reasonable period of time determined in conjunction with
representatives from the program, another urinalysis will be conducted.
b.
Supervisors who refer employees to the program in connection with a drug
and alcohol test, a proposed disciplinary action or for other reasons must
stress the voluntary nature of the program and use persuasion instead of
involuntary assignment to the program.
c.
The confidential nature of records of employees in the program regardless
of the nature of the problem shall be strictly maintained.
SECTION 13. The Parties Agreement in this matter in no way waives any
employee’s constitutional rights.
ARTICLE 32
DISCIPLINARY AND ADVERSE ACTIONS
SECTION 1. Definition and Methods of Discipline. For the
purpose of this Agreement discipline shall be defined as closer supervision,
oral reprimands, involuntary reassignment made as a corrective action, written
reprimands, suspensions, and removals. The Union and the Employer agree that
discipline is the right of the Employer pursuant to Title 5, USC 7106, in that
the Employer may "suspend, remove, reduce in grade or pay, or take other
disciplinary action against employees", and that such action shall be based
on just cause and in accordance with applicable regulations. Just cause excludes
discipline based on mere whim, impulse, or caprice. Just cause must be found in
a violation of the Employer's rules of conduct prescribed by law, rule, or
regulation. The Parties also agree that the most effective discipline is prompt,
fair, consistent, and progressive. The Employer may use counseling in the
attempt to maintain disciplinary objectives which are corrective and not
punitive in nature.
SECTION 2. The Employer's Responsibility. The Employer shall
adhere to the following principles in administering discipline:
a.
The action taken must be consistent with the precept of like penalties
for like offenses with mitigating or aggravating circumstances taken into
consideration.
b.
The action taken shall be fair and equitable and the penalty no more
severe than that which is necessary to correct the situation and maintain
discipline.
c.
In determining the severity of the penalty requisite consideration shall
be given to whether the employee knew, or could reasonably be expected to know,
what standard of conduct or performance was expected; the gravity of the
offense; the frequency of violation; the past record of the employee; and
extenuating circumstances offered by the employee.
d.
The determination to discipline and the corrective action imposed shall
not be influenced by the employee's race, color, religion, sex, national origin,
age, marital status, political opinions or political affiliation, or affiliation
with, as an officer or a member of any employee organization.
e.
Counseling sessions will be conducted privately to avoid personal
embarrassment to the affected employee and confidentiality shall be maintained
in such manner that only those who have a right to know are made aware of a
counseling session.
SECTION 3. Investigations.
a.
Prior to a proposal to formally discipline a bargaining unit employee an
investigation must be conducted by the management official concerned. Such
investigation of an employee’s actions or conduct will be fair, objective, and
designed to ascertain all pertinent facts both for and against the employee and
may or may not include a discussion with the employee concerned. However; the
management official will sincerely consider interviewing the employee during the
investigatory phase.
b.
When an employee is questioned by an official of the agency during an
investigation, that employee has the right to request a Union representative be
present if the employee believes answering the question or questions could
result in his/her being disciplined. No further questioning will take place
until the Union has been notified of the request and the Union has been given a
reasonable amount of time to be present. NOTE: The right to representation in
such investigatory questioning arises only when an employee specifically
requests representation by the Union; this right is waived if no request is
made. If the request is made the interview may be canceled by the agency
official who may proceed with the investigation using the information already
obtained or available from other sources or he/she may continue the questioning
when the Union representative is present.
c.
When the request for representation is made either participant in the
meeting may be the one who officially notifies the Union of the request. If the
employee chooses to be the one to notify the Union he/she will be given a
reasonable amount of time to contact the Union President or a designee
requesting representation.
d.
The Employer shall annually inform bargaining unit employees of the right
to representation which is expressed in Section 3(b) of this Article in
accordance with the requirement of 5 USC 7114(a)(3).
SECTION 4. Categories of Discipline.
a.
The Parties agree to the administration of two types of discipline,
informal, and formal. Pursuant to the principles in Section 2 of this Article,
discipline will be corrective and progressive in nature and appropriate to the
severity of the offense, i.e., no more severe than that necessary to correct the
situation. The use of informal corrective measures, when appropriate, will be
used prior to proposing formal discipline. The Employer will not allow instances
of misconduct to continue solely for the purpose of increasing the severity of a
potential penalty. Corrective measures both informal and formal may be preceded
by a counseling session during which an employee will be advised of the reasons
for the action including a description of the improper action and the penalty
which could result if the actions continue and corrective steps to provide for a
remedy. The employee may utilize the negotiated grievance procedure to refute
the accuracy of the allegations at Step 1 of the grievance procedure.
b.
Informal discipline consists of closer supervision, oral reprimands, and
involuntary reassignments. The use of informal measures may be recorded on the
employee's SF-7B card and maintained in local files.
c.
Formal discipline consists of Letters of Reprimand, Suspensions, and
Removal. The record of issuance of formal disciplinary measures are placed in
the employees Official Personnel Folder.
SECTION 5. Counseling Sessions. The counseling sessions
referred to in this Article is a non-disciplinary event initiated by a
supervisor during which an individual employee may be advised or instructed
concerning conduct or performance deficiencies or other matters of concern to
the supervisor which relate to conduct or performance. The counseling referred
to in Section 4 of this Article concerns conduct. Group meetings with employees
for purposes of providing information, explanation of new or existing policies
or changes in conditions of employment or answering questions from employees are
not counseling sessions. Direct orders or impromptu comments given by a
supervisor to an employee are not counseling sessions. A counseling session is a
private meeting between a supervisor and an employee concerning conduct or
performance. Prior to its beginning the employee will be informed that it is a
counseling session and given the reason for the meeting.
SECTION 6. Reprisals and Discipline. It is agreed that
disciplinary measures shall be based on objective considerations and not used as
a reprisal or threat or attempt to intimidate an employee who has filed a
grievance, given testimony in any hearing, or has contacted a representative of
the EEOC or the Union.
SECTION 7. Informal Discipline.
a.
In the case of an informal disciplinary measure such as closer
supervision, the employee will be informed of the alleged misconduct or
inadequate work performance and documentation presented to the employee. The
employee may utilize the negotiated grievance procedure to refute the accuracy
of the allegations and/or documentation at Step 1 of the negotiated grievance
procedure.
b.
In the case of a contemplated oral reprimand, the employee shall be
advised of the specific infraction of law, rule or regulation, or breach of
conduct. The employee will be informed specifically that he/she is receiving an
oral reprimand. If a meeting is held in connection with the oral reprimand and
the employee requests Union representation, a Union representative will attend
the meeting. The employee may tell his/her side of the story. If the supervisor
believes a reprimand is still warranted after listening to the employee, the
reprimand and steps necessary to prevent a recurrence may be administered. The
employee may grieve the oral reprimand at Step 1 of the negotiated grievance
procedure.
c.
The use of reassignment as a corrective measure shall not be arbitrary,
capricious, or unreasonable. The employee shall be fully informed during
counseling of the reasons for the actions and the improvement expected.
Retaliation or reprisal must not be a contributing factor in the decision to
involuntarily reassign an employee. Involuntary reassignment may be grieved at
Step 2 of the negotiated grievance procedure.
SECTION 8. Progressive Discipline. It is understood by the
Parties that the concept of progressive discipline described in this Article
permits a previous disciplinary action of a minor nature at the informal level
to give support to a more serious action or penalty at a higher level. Minor
disciplinary events may be cumulative only if for a related offense. Informal
actions for other types of unrelated offenses shall not be considered in
evaluating the action or penalty for a present offense. Disciplinary actions
which have been rescinded because of a supervisor's or an arbitrator's decision
or have passed the time limit for their inclusion or in official or unofficial
files shall not be used as support for subsequent actions.
SECTION 9. Formal Discipline.
a.
In the case of a formal disciplinary action such as a written reprimand,
suspension, or removal, a dated written notice shall be given to the employee
advising that a formal disciplinary action is being considered; the type of
action which may be contemplated; the reason or reasons for such consideration
and that the employee and/or his/her representative has the right to review the
documentation relied on to support the proposed action, and that the employee
has a right to be represented.
b.
The employee may respond orally or in writing to the supervisor
designated to hear the reply within fifteen (15) calendar days of receipt of the
notification. The right to reply orally to a notice of a proposed adverse action
(except furlough) includes the right to be represented and the right to a
hearing. If the employee requests a hearing the official who will decide if the
proposal will be effected, the employee, the employee’s Union representative
and any other person mutually agreed to by the Parties shall meet to discuss and
attempt to solve the matter.
c.
The employee and his/her Union representative will be given a reasonable
amount of official time for reviewing the documentation provided, preparation of
the answer, and attendance at the hearing.
d.
Once discipline or a proposed notice has been given no discussions will
take place between the Employer and the employee until the employee has been
advised of the right to representation. When representation is requested no
further discussion will occur unless the employee’s representative is present.
e.
Following the employee's response the Employer shall issue a written and
dated decision in the matter. Regardless whether the employee chooses to
respond, the decision will be made not earlier than sixteen (16) days or more
than forty-five (45) days from the date of the proposed notice to discipline,
unless an extension is granted pursuant to Section 15 of this Article.
f.
The employee may subsequently file a written grievance at Step 2 of the
negotiated grievance procedure contesting the action within thirty (30) calendar
days after the effective date of the action. A written reprimand, a suspension
for less that fourteen (14) days or other disciplinary action must be contested
under the negotiated grievance procedure.
SECTION 10. Appropriateness of Suspensions and Removals. The
Employer agrees that removals will be used only when the employee’s actions
are such that removal will promote the efficiency of the service and requisite
consideration has been given to some other type of action of a lesser nature
which would be more appropriate.
SECTION 11. Records and Discipline.
a.
All notations on the employee’s local files shall be removed six (6)
months from the date of entry. Upon request, the employee shall be allowed to
observe the removal of records from the local file.
b.
Letters of Reprimand shall be removed from the employee's Official
personnel Folder and all other records pertaining to the reprimand cleared after
one (1) year. Once removed, the reprimand shall be regarded as never having
occurred and reference to the withdrawn action may not be used to support a
subsequent action.
c. Suspensions received by an employee may not be the basis for
further action after two (2) years.
d.
Disciplinary actions which are removed as a result of a grievance or
arbitration decision shall be removed from local files and/or the employee's
Official Personnel Folder or other locations within ten (10) days after the
decision.
SECTION 12. Lesser Penalties.
a.
When the Employer issues a proposed notice of disciplinary or adverse
action under the regulatory provisions of the OPM or this Agreement, it is
understood that the Employer may after consideration of the employee's response,
subsequently decide or agree to impose a lesser penalty covered by the
provisions of this Article. When this occurs, it is agreed that a final decision
will be issued without the necessity of issuing an additional notice of
proposal. The employee may still file a written grievance at Step 2 of the
negotiated grievance procedure within thirty (30) days of the final decision.
b. When the Employer is directed by an arbitrator’s decision to
impose a lesser penalty for a disciplinary action covered by the Agreement, such
decision will be final and not grievable under the Negotiated Grievance
Procedure.
SECTION 13. Copies Furnished to the Employee.
a.
The Employer will provide the employee with two copies of any written
warning, letter of reprimand, or proposal of adverse action so the employee may
provide his/her representative with a copy.
b.
The Employer will provide the employee two copies of any decision
concerning a disciplinary or major adverse action so that the employee may
provide his/her representative with a copy.
SECTION 14. Role of the Representative and the Right to
Information. - When the employee has designated in writing a representative
of his/her choice, the Employer will deal with the representative and provide
copies of all pertinent correspondence directly. All evidence used against an
employee shall be made available to the employee and the representative. The
employee and the representative shall have access to and are entitled to secure
all information relevant to the case.
SECTION 15. Extensions of Time.
a.
Extensions of time for replying to a proposed notice of discipline will
be granted if requested by the employee or his designated representative for
valid reason such as workload requirements, non-availability of a Union
Representative, illness, accident, death in family, jury duty, etc.
b.
Requests for extensions of time for grieving a Notice of Final Decision
must be submitted to the Manager (AVN-300) or designee for mutual agreement
between the Parties pursuant to Section 7 of Article 5 of the grievance
procedure.
SECTION 16. Conditions for Waiver of this Article. The Union
agrees that if there is reasonable cause to believe the employee has committed a
crime for which a sentence of imprisonment may be imposed, or there is
reasonable cause to believe that life, safety, or property may be jeopardized,
the procedures for processing a disciplinary or major adverse action will be
those stated in current regulations, and not the procedures negotiated in this
Agreement.
ARTICLE 33
REDUCTION IN FORCE (RIF)
SECTION 1. The Parties agree that Reduction in Force (RIF) causes
adverse effects to the Employer and the employees involved. Therefore RIF will
be implemented only after other actions such as attrition and restricting
recruitment have been considered.
SECTION 2. Notification to Union.
a.
At least twenty (20) days prior to a notification to affected employees,
the Employer will notify the Union President of the proposed implementation date
of a reduction in force.
b.
The Employer agrees to provide to the Union the following information as
soon as it is available:
(1) The reason for the RIF.
(2) The numbers, types, and grades of employees involved.
(3) The anticipated effective date of the action.
(4) Other information requested by the Union when available and in
accordance with applicable law, rule, or regulation.
c.
The Union may request negotiations on the impact of the RIF on bargaining
unit employees within twenty (20) days of notification.
SECTION 3. Reductions in force shall be administered in accordance
with prescribed laws and Office of Personnel Management regulations.
SECTION 4. Retention Registers. The Union will be provided
access to the retention registers applicable to bargaining unit employees
simultaneously with the issuance of reduction in force notices to affected unit
employees.
SECTION 5. Specific RIF Notices. The Employer shall
provide a written notice to each employee affected by a change to lower grade or
separation in a reduction in force at least sixty (60) calendar days prior to
the effective date. The notice shall state what action is being taken, the
effective date of the action, the employee's adjusted service computation date.
In addition it shall describe the employee's competitive area and competitive
level. Information concerning rights of appeal or grievability and time limits
on such rights will be contained in the notice. Amendments to a specific notice
may be included within the original notice period.
SECTION 6. Reduction of Impact During RIF.
a.
The Employer agrees in the event of a reduction in force existing
vacancies will be utilized to the maximum extent possible to place employees in
continuing positions unaffected by the RIF.
b.
The Employer shall request, when appropriate, that the OPM determine
whether the agency is undergoing a major reduction in force for the purpose of
authorizing early retirements under 5 USC 8336(d)(2).
c.
Upon request, the Employer shall counsel individually with employees
eligible for regular, optional or involuntary retirement in order to explain the
benefits and/or penalties for such action
SECTION 7. Placement of Affected Employees.
a.
The Employer, where appropriate, shall make a maximum effort to waive
qualification requirements in assignments to vacant positions during reductions
in force.
b.
Employees whose qualification requirements were waived and placed in a
position with different duties from those previously performed will receive
job-related training formally or on-the-job if determined necessary by the
Employer.
SECTION 8. Access to Information.
a.
An employee affected by RIF shall be allowed to exercise the right to
inspect RIF records and retention registers pertaining to the employee's
individual action.
b.
An employee who has received a specific notice of reduction in force may
be assisted by a Union representative in reviewing the retention registers
applicable to his or her situation and in obtaining other information from the
Employer pertaining to the reduction in force.
c.
The Union President may designate a representative or alternates on an
individual basis in individual cases as a principal representative for matters
relating to a RIF. Such representative(s) shall be permitted a reasonable amount
of official time to perform such representational functions and requests for
such official time will not be unreasonably denied.
SECTION 9. Salary Retention. Salary retention for affected
employees will be allowed as provided by appropriate law, rule, or regulation.
SECTION 10. Out-of-Agency Employment/Reemployment Priority
Preferred Placement.
a.
In the event of a reduction in force (RIF) affecting termination of
employee(s), the Employer will refer the affected employee to the State
Employment Service as to whether the employee may be eligible for training at
Government expense.
b.
When resources permit, the employer will assist affected employees with
out-placement to other Federal agencies and Employers (i.e., private sector,
etc.).
c.
A career or career-conditional employee who is separated by reduction in
force shall be placed on a reemployment priority list pursuant to applicable
rules and regulations. Such employees shall be given preference for rehiring in
temporary and permanent positions for which they are qualified. It is understood
that the acceptance of temporary employment will not modify an employee's right
to be offered permanent employment.
d.
An employee who is eligible for grade retention who is placed in a lower
graded position by RIF procedures shall be entitled to priority placement to a
higher grade in accordance with applicable regulations including:
(1) Employees who have been downgraded without personal cause or at
their own request who served under a career or career-conditional appointment
(or one of equivalent tenure) shall be entitled to priority placement
consideration to their retained grade prior to a vacancy being filled by
competitive promotion.
(2) A list of the most senior highly qualified downgraded employees
determined by service computation date will be referred to the selecting
management official before a competitive promotion is advertised and before
referral of other candidates not entitled to preferred placement. A repromotion
eligible who declines consideration or selection will be removed from
consideration at that grade or lower. If the employee declines consideration or
a job offer at the grade level or equivalent from which he/she was downgraded
will lose priority placement eligibility.
(3) Grade and pay retention cease to apply to an employee who
declines a reasonable offer of a position the grade or pay for which is equal to
or higher that the employee's retained pay or grade. To be a "reasonable
offer of a position" the offer must meet the requirements of FAA Order
3550.11A, Appendix 2.
SECTION 11. Grievability of Improper RIF Procedures. An
employee who has received a specific notice of reduction in force may grieve the
action during the period beginning with the date of the specific notice until
twenty (20) days after the effective date of action at Step 2 of the negotiated
grievance procedure.
SECTION 12. Information Update to Union.
a.
The Employer will periodically update the Union, upon request, on the
status of the reductions in force. Any significant changes in status will be
reported to the Union.
b.
The Union will be provided at the conclusion of the reduction in force a
list of all vacancies filled during the RIF. The list shall include the grade
and position title of the position, and the name of the bargaining unit employee
who filled the vacancy.
ARTICLE 34
FURLOUGHS FOR LESS THAN THIRTY (30) DAYS
SECTION 1. Furloughs for thirty (30) days or less shall be
administered in accordance with applicable law, regulation, and this Article in
regard to unit employees.
SECTION 2. The Employer agrees to notify the Union as early as
possible before issuing notices of proposed furlough action to bargaining unit
employees. The Union will be informed of the reason for, the length of, the
approximate effective date of the proposed furlough, the number, types and
grades of employees affected; and which, if any, employees will be exempted from
the furlough.
SECTION 3. The Union may request negotiations within ten (10) days of
notification regarding the procedures to be used in implementation and methods
to reduce the adverse impact on unit employees.
SECTION 4. Individual employees will be given a written notice of
proposed furlough at least thirty (30) days before the effective date of the
furlough.
SECTION 5. The notice of proposed furlough will state the specific
reasons for the furlough, the right to review the material which is the basis
for the action; where the material can be reviewed; and the right to Union or
other representation.
SECTION 6. Upon request, the employee will be given up to sixteen (16)
hours official time if otherwise in a duty status to review the material
provided by the Employer and prepare a reply. If Union representation is
requested by the employee, the Representative shall be allowed a reasonable
amount of official time to assist the employee.
SECTION 7. The Employee shall be allowed fifteen (15) calendar days to
answer the proposal orally or in writing.
SECTION 8. The notice of proposed furlough shall be in writing and
issued prior to the effective date of the furlough. It shall inform the employee
of the right to grieve the action under the negotiated grievance procedure.
SECTION 9. Upon request, the Employer shall furnish MSPB appeal forms
to bargaining unit employees in a timely manner.
SECTION 10. Bargaining unit employees may utilize the negotiated
grievance procedure within thirty (30) calendar days after the effective date of
the furlough at Step 3 of the negotiated grievance procedure. The Employee may
use the negotiated grievance procedure.
SECTION 11. If the Employer determines that fewer furlough days are
necessary due to changed circumstances the reduction may be included in the
timeframe of the notice of proposed furlough. The Employer may extend the
timeframe and the effective date of the notice and shall notify the employee and
the Union of said extension. If furlough days are to be increased either an
amended or new notice will be issued to affected employees.
SECTION 12. The Employer agrees to permit the affected employees to
schedule furlough days according to personal desire and arrangement if such
arrangements do not conflict with regulations or operating requirements. If
furlough days are scheduled continuously or discontinuously, the procedure used
shall be similar to that used in scheduling vacation leave pursuant to Article
14, Section 2 of this Agreement if furlough days are continuous. If furlough
days are discontinuous, employees with the highest seniority based on service
computation date (SCD) will be given first choice and priority consideration in
scheduling furlough days when there is a disagreement between employees.
ARTICLE 35
PARTICIPATION IN WAGE SURVEYS
SECTION 1. The Employer agrees to notify the Union when notice is
received, that a locality wage survey is scheduled under the coordinated Federal
Wage System. Union representatives may serve as data collectors provided they
are duly appointed consistent with provisions of the Federal Personnel Manual.
ARTICLE 36
QUALITY INITIATIVE
The Parties agree that it is in the best interests of both the Employer and
the Union to explore the possibility of implementing a cooperative form of doing
business that empowers employees to continually improve quality, productivity,
and the work situation using teams most knowledgeable of the work processes.
The intent of this undertaking is to enhance the traditional labor-management
relationship; however, it is in no way intended to replace the collective
bargaining process.
It is understood that participation in this process is voluntary and that
either Party may terminate participation at any time.
Meetings necessary under this provision will be on official time if otherwise
in a duty status and will not count against the authorization of official time
under Article 8, Section 12.
ARTICLE 37
PARTNERSHIP PRINCIPLES
SECTION 1. The Council will consist of equal members of NFFE and
AVN-300 management representatives.
SECTION 2. All legal decisions rendered by the AVN-300 Partnership
Council shall be binding upon the Parties.
SECTION 3. All decisions of the AVN-300 Partnership Council are
subject to reconsideration and revision.
ARTICLE 38
EFFECTIVE DATE AND DURATION
SECTION 1. a. Pursuant to 5 USC 7114(c), the FAA Administrator shall
approve or disapprove this Agreement within thirty (30) days from the date the
Agreement is signed by the respective parties.
b.
If the FAA or NFFE Local 2097 membership does not approve or disapprove
the Agreement within thirty (30) days, the Agreement shall take effect and shall
be binding, subject to the provisions of 5 USC 71.
c.
If the FAA or the NFFE Local 2097 membership disapprove any provisions of
the Agreement, the entire Agreement will be returned to the Parties for
renegotiation of the disapproved portions and resubmitted for approval.
d.
If the FAA and the NFFE Local 2097 membership approve the entire
Agreement within the thirty (30) day period, then the Agreement shall become
effective upon approval.
e.
The effective date shall be shown on both the cover and signature page of
the printed Agreement.
SECTION 2. This Agreement shall remain in full force and effect for
three (3) years from its effective date and automatically renew itself from year
to year thereafter. However; either party may give written notice to the other
party not more than one hundred and five (105) nor less than sixty (60) days
prior to the third anniversary date and each year thereafter, of its intention
to reopen and amend, modify, or terminate the Agreement. When such notice is
given, the parties shall meet for the purpose of negotiating the amendments or
modifications not later than thirty (30) days prior to the anniversary date. The
conduct of such negotiations shall be determined at that time by a Memorandum of
Understanding. If negotiations are not concluded prior to the expiration date,
the Agreement will continue until agreement is reached or all issues are
resolved.
SIGNATURE PAGE
Negotiating Teams
Michael J. Lee Irven McKey
President, NFFE Local 2097 Labor
Relations Specialist
Marshall W. Hunt
Joe Doubleday
Vice President, Local 2097
Mike Low
J. C. Pierce
Glen Wilkening
Frank Bridges
John Mooney
Signatories
Michael J. Lee
Robert Colburn
President, NFFE Local 2097 Manager,
Flight Inspection
Maintenance Division
Date
This contract approved
Director of Labor and Employee Relations
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