g. Negotiability Question -- when the EMPLOYER'S Labor Relations Officer believes that a matter is nonnegotiable, the EMPLOYER'S Labor Relations Officer will immediately advise the UNION President in writing of the rationale for such belief. The UNION President has the right to proceed to the Federal Labor Relations Authority in accordance with Section 7105(a)(2)(E) of Title VII and the regulations of the Authority and Sections 7117(a), (b), and (c) of Title VII. To determine whether or not a compelling need exists (if that is the reason for the claim of nonnegotiability), the criteria set out in the Authority's regulations will be used. The parties will sign off on the rest of the agreement/contract pending a decision by the FLRA on negotiability issues. The agreement/contract will be noted in the intended location of the disputed wording as follows:

2.5 PAST PRACTICES:  Past practices which by custom, tradition, and known past practice have become an integral part of working conditions shall remain in effect unless modified pursuant to this Agreement or local supplemental agreement. 

3.1. In accordance with the Civil Service Reform Act, Public Law 95-454, nothing in this Agreement shall affect the authority of Management, subject to subsection e. of this Article:

         a. To determin the mission, budget, organization, number of employees, and internal security practices of the activity, and

         b. In accordance with applicable laws:

                  (1) 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;

                  (2) To assign work, to make determinations with respect to contracting out, and to determine the personnel by which activity operations shall be conducted;

         c. With respect to filling positions, to make selections for appointments f rom:

                  (1) Among properly ranked and certified candidates for promotion; or

                  (2) Any other appropriate sources; and

         d. To take whatever actions may be necessary to carry out the activity mission during emergencies.

         e. Nothing in this article shall preclude the EMPLOYER and the NFFE 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 exercise of any authority under this section by such management officials.

3.2. The provisions of this article shall not nullify or abridge the rights of employees or the NFFE to grieve or appeal the exercise of the management rights set forth in this article through appropriate channels. 

4.1. NFFE MEMBERSHIP: Employees in the Unit shall be protected in the exercise, of their rights, freely and without fear of penalty or reprisal, to form, join, and assist the NFFE or to refrain from such activity. The EMPLOYER shall take such action, consistent with law or with directives from higher authority as may be required in order to assure that employees are apprised of the rights described in this section, and that no interference, restraint, coercion, or discrimination is practiced to encourage or discourage membership in the UNION by anyone acting in a supervisory or other capacity for the EMPLOYER.

Nothing in this Agreement shall abrogate any employee right or require an employee to become or remain a member of a labor organization except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deductions. The EMPLOYER shall not discipline or otherwise discriminate against any employee because he or she has filed a complaint or given testimony under the Federal Service Labor Management Relations Statute (FSLMR), the negotiated grievance procedure, or any other appropriate procedure for redressing wrongs to an employee.

4.2. INFORMING EMPLOYEES:

         a. It is the obligation of the EMPLOYER and the NFFE to mutually conduct informative sessions relative to the effective administration of this AGREEMENT.

         b. The EMPLOYER shall take such action consistent with the law or regulation, as may be required, in order to inform employees of their rights as prescribed in the Civil Service Reform Act of 1978 and this Article.

4.3. OUTSIDE ACTIVITIES: Employees shall have the right to engage in outside activities of their own choosing without being required to report to the EMPLOYER on such activities, except as required by law or Standards of Conduct for federal employees.

4.4. The EMPLOYER will not coerce or in any manner require employees to invest their money, donate to charity, or participate in activities, meetings, or undertakings not related to their performance of official duties.

4.5. NONDISCRIMINATION: The EMPLOYER will not discriminate against an employee because of race, color, creed, religion, sex, national origin, age, marital status, handicapping condition, or lawful political affiliation. All employees deserve to be treated with common courtesy and consideration. Supervisors and employees will not use abusive or vulgar language in the work place.

4.6.WEINGARTEN RIGHTS: The EMPLOYER shall provide to each NFFE bargaining unit employee, semi-annually, a distinctive notice of "Weingarten" rights. The notice shall be signed by the NFFE Local 273 President and Labor Relations Officer or their respective designees. The notice shall state:

         "You have the right to be represented by the NFFE (National Federation of Federal Employees) Local 273, at any examination by a representative of the agency in connection with an investigation if:

                  (b) You request representation.

4.7. Consistent with law and regulation, and upon request, the EMPLOYER agrees to provide information, guidance, and assistance to employees considering making a request for legal representation against whom suit is brought In civil court based upon activities alleged to be within the scope of their official duties and will assume financial liability for all monies awarded to claimants as a result of activities found to be within the scope of such official duties.

4.8. The EMPLOYER is obligated to keep employees informed of rules, regulations and policies under which they are obligated to operate, including their job duties.

4.9. Counseling and warning sessions involving unit employees will be conducted privately and in such a manner so as to avoid embarrassment of the employee.

4.10. Except for time spent in conducting internal union business, employees will be on official time, if in a duty status, whenever meeting with NFFE or management representatives or when discussing, preparing, or filing complaints.

4.11. Employees will not be precluded from presenting their views to officials, executive branch, the Congress, or other appropriate authority.

4.12. Employees have the right to working conditions that are safe and healthful.

4.13. Employees will be permitted to review their official personnel records as needed. Copies of individual documents may be provided on a case-by-case basis at no cost to the employee.

4.14. The EMPLOYER will not conduct a search of an employee's personal property unless the employee is present and, if requested, a NFFE representative.

4.15. Employees will be provided with a clean, suitable break/lunch area.

4.16. Employees may be permitted to review and copy any government regulation on official time and at no cost to the employee.

4.17. Employees are entitled to proper and timely compensation for their services. If a paycheck is more than two (2) working days late, the employee may request and receive a reissued check. Employees will designate that their paychecks and leave and earnings statements be sent directly to a financial institution chosen by the employee or to a mailing address. 

5.1. DAY CARE SERVICES: Bargaining unit employees will be given every possible consideration for use of day care facilities at Fort Sill, Oklahoma; and will pay an equitable rate for those services. 

6.1. (Smoking jnd tobacco use shall meet the following criteria;

a. Ensure people are protected from the effects of secondhand smoke.

b. Ensure persons who desire to smoke will not be inconvenienced unnecessarily.

c. Ensure an equitable balance between a. and b. above is struck.

6.2. NFFE and the EMPLOYER recognize tobacco use as a health hazard.

a. The EMPLOYER will inform all civilian personnel on the health hazards involved in the use of all tobacco products.

b. The EMPLOYER will provide appropriate programs, instruction, and treatment facilities to include smoking clinics to assist those desiring to break themselves of tobacco dependency.

c. The EMPLOYER will provide posters and other educational supplies and literature as appropriate.

d. NFFE will encourage employees to avail themselves to the above services provided by the EMPLOYER.

6.3. The EMPLOYER will make every attempt to designate appropriate smoking areas for smokers. Smoking areas will be negotiated with the NFFE on a case-by-case basis whenever the requirements of this article cannot be met.

In the event the EMPLOYER does not designate smoking areas, the EMPLOYER will consult with and negotiate with NFFE.

6.4. The following procedures will be used to establish tobacco use and smoking areas and facilities.

a. Smoking is authorized [only] in designated smoking areas in all DA controlled buildings.

b. Indoor smoking areas will have adequate ventilation so that secondhand smoke can be sufficiently isolated to protect nonsmokers from its effects.

c. Managers will consider the use of smoke eaters and other air purifications devices to improve the quality of air in designated smoking areas. The Comptroller General has ruled that such devices may be purchased through appropriated funds (Decision B216856).

d. Private offices. Occupants cannot designate their own offices as smoking areas. Commanders/managers/supervisors may designate a subordinate's office as a smoking area if the following conditions are met:

(1) In the event a manager's/supervisor's office is a designated smoking area, it shall not be the only designated smoking area in the immediate working area.

(2) Visitors (employees and non-DA persons) are infrequent. (3) Office is not used as a common meeting place.

(4) Ventilation is adequate, as evidenced by the absence of smoke hanging in the air.

(5) Room is sealed from adjoining areas (floor to ceiling walls) to isolate secondhand smoke.

e. Common Work/Office Areas. Common work/office areas normally will be nonsmoking. However, commanders/supervisors may designate a common area (or section) if the following conditions are met:

(1) Workers are all smokers who wish to smoke in the common area.

(2) Visitors (employees and non-DA persons) are infrequent.

(3) Ventilation is adequate, as evidenced by the absence of smoke hanging in the air.

(4) Area is sealed from adjoining areas (floor to ceiling walls) to isolate secondhand smoke.

(5) In large, open work facilities such as warehouses and shop areas, managers may designate a smoking area although partitions are not present. Such facilities also include administrative office housed in buildings with the general characteristics of a warehouse or shop area, i.e., spacious, highceilings, unpartitioned, and opening to outdoors. Designations will be made on the basis of good judgement, considering the need to provide adequate protection to nonsmokers from the effects of secondhand smoke.

f. Smoking areas will not be designated within auditoriums, conference rooms, classrooms, rest rooms, gymnasiums, fitness centers, and elevators.

g. Smoking areas will be established in eating facilities only if there is adequate space available for nonsmoking patrons and ventilation is adequate to provide for a healthy environment. Designated smoking areas will be posted.

h. Smoking is prohibited in child care and youth activities facilities, except that visiting adults and staff may smoke out of the presence or view of children in smoking areas designated in accordance with this policy.

i. Smoking is prohibited where it presents a safety hazard (e.g., firing ranges, ammunition storage areas, fuel dumps, motor pools, and equipment maintenance shops). Shops, garages, or motor pool parking areas may have a specific designated smoking area designated if the following conditions are met:

(1) Smoking is prohibited within 50 feet of vehicles loaded with flammable or combustible liquids with a flash point below 200 degrees Fahrenheit, flammable gases, or explosives.

(2) Smoking is prohibited in the presence of flammable vapors such as those present when fueling vehicles or examining or repairing engines or fuel systems. "No Smoking" signs will be posted conspicuously.

j. Smoking is not authorized in military vehicles and aircraft.

k. Cadre are prohibited from using tobacco products in the presence of trainees. "Cadre" refers to military and civilian personnel who command, supervise, instruct, or directly support trainees. Civilian and military personnel from organizations other than USAFATC, performing similar cadre duties or support functions with trainees, are included in these restrictions.

1. Health care providers will not smoke in the presence of patients.

7.1. Recognition: The EMPLOYER recognizes that the NFFE, as the exclusive representative of all employees in the Unit, is entitled to act for and negotiate agreements covering all employees in the unit, and to meet with the EMPLOYER with regard to all matters affecting the conditions of employment.

a. The EMPLOYER agrees to respect the rights of the NFFE and to meet jointly and negotiate with the NFFE, and further agrees to negotiate with the NFFE regarding implementation of any new policy or change in existing policy affecting employees or their conditions of employment. The EMPLOYER will consider involving the NFFE in the formulation stage of new policies or changes in existing policy.

b. The NFFE, in consonance with its right to represent, has a right to propose new policy, changes in policy, or resolutions to problems, and to be present at management.-initiated discussions or meeting pertaining to policy changes or any other matter affecting conditions of employment of employees in the unit. This right shall apply at all levels of management within the activity. Representation will normally occur at the lowest level at which a matter can be resolved, and the initial point of contact will normally be the lowest-level management official with authority to negotiate or resolve the issue. If either party, at the initial contact, feels resolution of a matter is outside their jurisdiction, the matter shall be referred immediately to the next higher level.

c. The EMPLOYER will recognize the officers and officials/representatives designated by the NFFE, including stewards and alternates. The NFFE will supply the EMPLOYER in writing, and will maintain, a list of the NFFE officers and officials, including stewards.

d. The EMPLOYER will recognize representatives of the NFFE National Office.

e. The EMPLOYER agrees that there will be no coercion or discrimination against officers and stewards because of the performance of their NFFE assigned or related duties.

7.2. NFFE/MANAGEMENT MEETING PROCEDURES: The following procedures shall apply to joint NFFE/management meetings.

a. The EMPLOYER will consider involving NFFE in the formulation of any new policies. Meetings shall occur as the need arises and before implementation of any policy or act affecting the employees or their conditions of employment. Such joint meetings are considered a part of the initial step used by either party to resolve a problem concerning the working environment; resolve employee dissatisfaction, including grievances, appeals and unfair labor practices; administer this agreement; or negotiate a change in policy. They shall be conducted in an atmosphere that will foster mutual respect. NFFE-management meetings shall in no way nullify or abrogate the right of the NFFE to negotiate new policy or a change to a policy.

b. Joint NFFE-management meetings shall be held upon request by either party. Specific item(s) for discussion should normally be provided in advance of the meetings by either party, although items not submitted may be discussed. New or changed policy proposals which cannot be readily agreed to may be subjected for negotiation in accordance with negotiation procedures established in this Agreement. Joint meetings will be conducted during regular duty hours, with NFFE officials and representatives authorized official time without loss of leave or pay. Emergency meetings will be arranged at the convenience of both parties involved as soon as possible after a request by either party is received, and such request shall indicate the subject matter for discussion.

c. The NFFE has the exclusive right to represent employees in presenting grievances under the negotiated grievance procedure in this Agreement.  An  employee or group of employees may present a grievance themselves without representation by the NFFE provided that the Local is a party to all discussions and the grievance processing. The adjustment must be consistent with the terms of this Agreement.

d. The NFFE has the right to have a representative present at all discussions between the EMPLOYER and an employee or employees held in the course of proceedings conducted to resolve grievances submitted by a member of the unit. The EMPLOYER will notify the Local President or his/her designee before such discussion is held and will provide the NFFE the opportunity to be represented. The representative shall be permitted to present the views of the Local during the discussions.

7.3 STEWARDSHIP: The NFFE may designate stewards in the various organizations having employees in the unit. The number of stewards shall not exceed one per 25 bargaining unit employees. The NFFE shall determine the number and location of stewards. Officers and stewards are authorized to represent individuals in any part of the bargaining unit. Assignment of officers and stewards for representational duties will be determined by NFFE. Upon request from either party, stewards and supervisors shall discuss informally items of concern in applications of personnel practices and policies, and other matters affecting working conditions of employees in their work area or designated area(s) and application of this Agreement to avoid misunderstanding and to deter complaints from either party.

7.4 NFFE representatives will be permitted to wear identifying name plates to include name and official Union capacity, and local insignia.

7.5. If the EMPLOYER has or establishes a committee, task force, or work group dealing with conditions of employment affecting bargaining unit employees, the NFFE will be advised accordingly. The EMPLOYER will consider giving the NFFE the opportunity to designate a representative(s).

7.6. INTERNAL UNION BUSINESS: Internal Union business, such as attending NFFE membership meetings, will be conducted during the nonduty hours of the employee involved. Upon request and subject to normal security limitations, the NFFE shall be granted authority to conduct up to two (2) membership drives of thirty (30) days-duration each per year, before and after duty hours, during breaks and lunch periods. Upon request, the EMPLOYER shall provide the NFFE with a table, bulletin boards, and easels for use in such drives. The NFFE will also be permitted to use copying machines. The NFFE will furnish their own paper.

7.7. RESTRAINT: There shall be no restraint, coercion or discrimination against any NFFE official because of the performance of duties on consonance with this Agreement and the Act, or against any employee for filing a complaint or acting as a witness under this Agreement, the Act, or applicable regulations.

7.8. The EMPLOYER will furnish to the NFFE, upon request, data that is necessary and relevant for the proper representation of employees in the bargaining unit when:

a. The data is normally maintained by the agency;

b. Reasonably available, and;

c. Does not constitute internal management guidance, counselling or training provided to management officials relating to collective bargaining. This information will be provided without charge and within the NFFE designated suspense requirements. Should the EMPLOYER be unable to meet the suspense date, the grievance, filing deadline and any pending action(s) will be delayed accordingly. 

8.1. AUTHORIZED OFFICIAL TIME: NFFE officers and officials, including stewards, shall be permitted reasonable time during working hours (without loss of leave or pay) to represent employees in accordance with this Agreement. Use of official time will not be limited to the confines of the activity but will allow the representative to travel in accordance with the needs of the individual case. Any travel and per diem incurred by a representative in such cases will be reimbursed by the EMPLOYER in accordance with the Joint Travel Regulations.

8.2. One Union representative, to be designated by the Union, shall receive 50 percent official time to perform representational duties. Three other Union representatives, to be designated by the Union, shall each receive 20 percent official time to perform representational duties. All other Union officers and stewards shall be allowed a reasonable amount of time away from their assigned duties, without loss of pay, for such duties.

A reasonable amount of time for other representatives will be determined on a case-by-case basis. Determination will be based on the number of cases, the complexity of the cases, the number of witnesses, and documents that must be reviewed and other factors relevant to case handling.

8.3. Reasonable time for a NFFE representative of a complaint, grievance, or appeal action, will include the time necessary to bring the proceedings to their conclusion.

8.4. Reasonable time for preparation of information reports required under 5 U.S.C. Section 7120(c), including financial reports and trusteeship reports, shall be accorded to NFFE officials. The amount of time granted will be that necessary to gather data and complete reports.

8.5. When a NFFE representative needs to leave his/her work site to engage in representational activities on official time, he/she will notify his/her supervisor prior to the NFFE representative's departure from the work area. A supervisor may deny official time only if unusual and compelling work requirements necessitate the representative's attention. In such cases, the supervisor must provide the representative with a specific time when the representative can be released on official time. Such release must occur within eight (8) working hours. A delay in release on official time will automatically stay the time frames of any grievance/appeal negotiations, or preparation for negotiation to which the representative is assigned. Management will provide a written explanation for any delay in official time approval in excess of eight (8) working hours to the NFFE President.

8.6. When a NFFE official has the need to meet with an employee while the employee is on duty, the NFFE representative will inform the employee's supervisor of the need to meet with the employee for discussion. When the employee cannot be immediately made available to meet with the NFFE representative because of unusual and compelling work requirements, the supervisor must provide the NFFE representative with a specific time when the employee can be released to meet with the NFFE representative.

8.7. When an employee wishes to leave his/her work area during duty hours to meet with a NFFE official, the employee will receive permission from his/her immediate supervisor. When the employee cannot be released because of work requirements, the supervisor will provide the employee with a specific time when the employee can be released.

8.8. In such cases as in Sections 8.6. and 8.7. above, release must occur within eight (8) working hours. A delay in release will automatically stay the filing deadlines, within the EMPLOYER'S authority, commensurate with the amount of the delay.

8.9. Management will provide a written explanation for any delay for the release of any employee in excess of eight (8) hours to the NFFE President.

8.10. It is the EMPLOYER'S obligation to furnish in writing to all duly authorized NFFE representatives the name and duty phone number of the supervisor/manager that is to be notified of official time usage. The EMPLOYER may designate an alternate that the representatives should contact in their absence. In the absence of the immediate supervisor or the designated alternate, the NFFE representative may leave the Fort Sill Form 738-A at his/her supervisor's desk indicating the time the representative left the work area on official time and his/her expected time of return.

8.11. In requesting permission to conduct representation duties procedurally described above, the NFFE representative involved will complete FS Form 738-A (Appendix A), Request for Official Time, in duplicate. The duplicate copy will be maintained by the supervisor, the original given to the NFFE representative.

8.12. When applying performance standards and critical elements to a NFFE representative, the EMPLOYER shall fairly consider the amount of work time available to the representative. The NFFE official will not be penalized on his/her performance rating because of duty time spent on official union business. 

9.1. SPACE: In order to facilitate and expedite the Labor-Management Relations Program, the EMPLOYER agrees to provide NFFE with the bottom floor of building 241 or another comparable building to be used as the NFFE office for appropriate union activities and meetings.

If possible, the building should meet the following requirements:

a. Have at least one (1) handicapped entrance.

b. Two (2) each rest rooms.

c. Two (2) each entrances.

d. Heating, air conditioning, and lighting must meet all energy efficient requirements to comply with Fort Sill's energy conservation program, safety, and health requirements.

e. Be able to be secured by the NFFE without access by any other party other than emergency services agencies.

9.2. The following items and services will be provided for operation of the NFFE office (to facilitate communications with bargaining unit employees and supervisors/managers):

a. Utilities services.

b. Telephone services and use of AUTOVON at no charge to NFFE for representational functions as necessary. Other long distance charges will be reimbursed by NFFE to the EMPLOYER.

9.3. As a minimum, the following equipment will be provided for operation of the NFFE office:

a. Six (6) desks with desk chairs. b. Six (6) work tables.

c. Twenty (20) straight back chairs d. Two (2) hat and coat racks.

e. Two (2) locking file cabinets. f. Two (2) electric typewriters. g. One (1) pencil sharpener.

h. Material to build one (1) 4' x 8' bulletin board limited to NFFE use shall be made available to use in NFFE's office.

i. Adequate parking spaces as near to the NFFE office as possible.

9.4. In addition, the EMPLOYER will make every possible effort to furnish the following equipment to the NFFE.

a. IBM compatible computer (hard disk 20/40MB and 5-1/4" floppy disk drive) with letter quality printer and color monitor.

b. Software: Most current DOS version compatible with SMART Data Base Manager, Display Write IV, Word Perfect 5.0, Lotus 1-2-3.

9.5. Upon written request of the NFFE, the EMPLOYER will establish a SSSC account for the NFFE in accordance with applicable rules and regulations.

9.6. At its discretion, the EMPLOYER will make copies of documents for the NFFE as requested.

9.7. BULLETIN BOARDS: Bulletin boards shall be available for use by the NFFE for the posting of notices and literature of the UNION. The EMPLOYER agrees to provide the UNION with bulletin board space not to exceed four square feet (2' x 2') on all existing or future bulletin boards at all facilities. The NFFE may designate its board or board space as "UNION" or similar reference. Any changes in the placement of such bulletin boards will be coordinated with the UNION. The EMPLOYER will make a reasonable effort to post a copy of this Agreement on each official bulletin board in those working areas where there are bargaining unit employees.

9.8. AGENCY REGULATIONS: The EMPLOYER agrees to furnish the NFFE office with a copy of each agency regulation, bulletin, manual or other such directive and amendments and changes thereto issued and made generally available to employees which affects employees in the bargaining unit.

9.9. COPIES OF THIS AGREEMENT:

a. The EMPLOYER will distribute a copy of this Agreement to each current bargaining unit employee and to each new employee during DCP in-processing.

b. A minimum of two hundred fifty (250) extra copies of the Agreement will be furnished the NFFE for its use. The cost of printing and distributing this Agreement shall be borne by the EMPLOYER.

9.10. COPIES OF ADDITIONAL AGREEMENTS: The EMPLOYER will make sufficient copies and distribute the copies of any other EMPLOYER/NFFE negotiated agreements between the parties during the life of this Agreement. 

11.1. The NFFE shall encourage and assist employees in becoming aware of the privileges and responsibilities associated with their employment at Fort Sill including: 1) their responsibility to become familiar with the guidance in such publications as the Handbook for Civilian Employees, USAFACFS Regulation 690-3, Conduct and Discipline, and pertinent security regulations; and 2) their right to review their own Official Personnel Folder (201) or designate in writing a representative to review their 201.

11.2. Employees will be given an opportunity to initial favorable or unfavorable comments entered in section 13 of SF-7B. The employee's initials indicate only that the employee is aware of such entries. His initials do not indicate concurrence/nonconcurrence with such entries. 

The EMPLOYER shall continue to deduct NFFE dues from the pay of employees in the unit subject to the following provisions:

13.1. The NFFE agrees to procure SF-1187x, Request and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues, and furnish them to eligible members desiring to authorize an allotment for withholding of dues from their pay.

13.2. The President or other authorized officer of the Local will certify on each SF-1187 that the employee is a member in good standing in the Local, insert the amount to be withheld, and submit completed SF-1187s to the Labor Relations Officer of the EMPLOYER.

13.3. The President or other authorized officer of the Local shall notify the payroll servicing office of the agency when the Local's dues structure changes. The change shall be effected at the beginning of the first full pay period after receipt of such notice. Such a change will not normally be effected more than twice in a twelve (12) month period.

13.4. Allotments will be effective at the beginning of the first full pay period after receipt of SF-1187s by the payroll servicing office.

13.5. The Local will promptly notify the payroll servicing office, in writing, when a member of the Local on dues withholding is expelled or suspended.

13.6. The EMPLOYER agrees to prepare a biweekly remittance check at the close of each pay period for which deductions are made and forward it to the National Secretary-Treasurer at the National office. Remittance will be in a single check and will be for the total amount of dues withheld for that pay period.

13.7. The President of the Local will immediately notify the EMPLOYER in writing of any changes in the name and/or address.

13.8. The EMPLOYER will submit an alphabetical listing of the members, amounts withheld, and the anniversary date of dues authorization for each member to the NFFE President as well as a copy to the national office with the remittance check. The list will also include the names of those employees for whom allotments have been permanently or temporarily stopped and the reason therefore (e.g., moved out of the unit, separation, LWOP, insufficient income during pay period), as well as identification of Local number, payroll period, and organizational assignment.

The EMPLOYER also agrees to deduct all back dues from employees for whom allotments had been temporarily stopped due to insufficient income during a pay period, except as prohibited by law.

13.9. A member may voluntarily revoke an allotment for the payment of dues by filling out an SF-1188, Revocation of Voluntary Authorization for Allotment of Compensation for Payment of Employee Organization Dues, and submitting it directly to the payroll servicing office. It is the employee's responsibility to see that his written revocation is received in the appropriate office on a timely basis. The EMPLOYER will furnish copies of the SF-1188 to the employee on request. Termination of allotment under this section shall be effective with the first full pay period following March 1, provided the revocation is received by the Civilian Pay Section by such date and provided the employee has been a member for one (1) full year.  If the employee has been on dues withholding for less than one year, the dues withholding will be terminated on the employee*s first anniversary date of his/her signing of the SF-1187, providing the SF-1188 is received by the Civilian Pay Section at least one full week prior to that anniversary date.  The payroll servicing office shall provide the NFFE Local 273 appropriate notification of the revocation.  A duplicate copy of the SF-1188 completed by the member will be used for this purpose.

13.10. Management agrees to provide this service without charge and to continue this service regardless of contract status as long as the NFFE holds exclusive recognition. Management has the sole responsibility for dropping persons who move out of the unit from dues withholding. 

14.1. The NFFE agrees to cooperate with the EMPLOYER in truly voluntary charity drives and to lend its support to these worthy causes. In conducting these drives, the parties will be guided by appropriate regulations which provide that no compulsion or reprisals will be tolerated; confidential gifts may be made by placing contributions in sealed envelopes; individual employees should not be contacted a second time after the initial contribution; and, no lists will be kept showing the names of the contributors and amounts of the contributions except those that are necessary to properly administer the program. 

15.1. Through careful planning and use of other administrative techniques, management officials at all organizational levels should seek to avoid the necessity of entering into a formal RIF action. Prior to the implementation of any management policy or decision concerning a RIF, the Union will receive a copy of such proposed action and be provided time to review management's proposal, to provide comments and suggest changes. The Union may request to negotiate, as appropriate, the impact of the decision, to run a reduction-in-force. The EMPLOYER agrees that, in the event of a RIF or a reorganization where separation will occur, an outplacement program will be implemented. The primary aim of this program will be to find a position in the Federal Service for each affected employee commensurate with that employee's skills, experience, and career goals. To the extent feasible, finding a non-Federal sector position meeting these requirements will be a secondary aim of the program.

15.2. The EMPLOYER shall:

a. Provide the NFFE a copy of the request to higher headquarters seeking authority to conduct a RIF and their reply the same day Congress is notified, if possible, but, in any event, no later than the next working day.

b. Notify the NFFE when it is determined that any unit positions will be affected by reduction-in-force (RIF). Upon request, the EMPLOYER will brief the union concerning expected impact on unit employees.

c. At least seven (7) days prior to the issuance of RIF notices, give the Union access to review the spread sheets, retention registers and other relevant records pertaining to the RIF.

d. On the day that RIF letters are issued, an updated annotated copy of the spread sheets and a copy of the retention register will be provided to the union. All changes to the spread sheets will be provided to the Union on a daily basis.

e. Provide the Union a copy of the Personnel Action SF 50 within five (5) days of the effective date.

15.3. The EMPLOYER will consider placing a freeze on all hiring at least 90 days prior to the effective date of the RIF and for the life of the RIF.

15.4. For reduction-in-force (RIF) purposes, TRADOC, MEDDAC, DENTAC, the Commissary, and ISC shall constitute a single competitive area which shall include all positions in those activities.

15.5. Management will ensure compliance with the provisions of this Agreement. It will also carry out the following action to provide effective placement of personnel in the RIF, and ensure promotion and reemployment rights consistent with laws and government-wide regulations.

a. Review all the following for the purpose of minimizing downgrade and loss of employment:

(1) Retirement of any employee.

(2) Resignations, transfers, or other loss of employees.

(3) Any other event which creates a vacant position at or below the current grade of an adversely affected employee for which he/she may qualify.

b. Fill trainee positions at the full performance level to provide positions for journeyman employees who may be adversely affected.

c. Where it can be determined that an employee being separated fails to fully qualify for a vacant position for which no one else is qualified but has the specialized skills and abilities to perform the duties of that position in a satisfactory manner within a ninety (90) day period, the employee may be considered for placement in the position.

d. A program will be developed to counsel and train employees to the extent practicable so that they may assume a vacant position for which they would otherwise not be qualified, and to explore with other federal agencies, state and municipal authorities available training programs for adversely affected employees.

15.6. Employees who have been downgraded due to RIF are eligible, to the extent permitted by regulation, for repromotion priority consideration as follows:

a. Employees will be automatically considered for repromotion back to the position and grade from which they were downgraded through RIF.

b. Employees will be eligible to indicate other positions (up to 5) for which they wish to receive repromotion priority. Application for repromotion priority may be accomplished in one of two ways:

(1) Submission of a Merit Advancement Profile (FS Form 925) and any additional requirements (KSAs, FS 1119, etc) for each occupational series for which they wish consideration; OR

(2) Submission of a Personal Qualification Statement (SF 171) detailing all experience, training and education, and an attached memorandum indicating the occupational series for which consideration is requested.

c. To be repromoted, employees must meet all qualification requirements for the higher-graded position, including any special requirements deemed essential for successful performance of the specific position.

d. Unless the employee indicates otherwise, he/she will receive repromotion priority in the selected occupational series for positions with a target grade equal to the grade from which demoted and at intervening grades up to the grade from which demoted. The employee is not entitled to priority consideration for positions with a target grade above the grade-from which demoted.

e. An employee who declines a position at a grade equal to or above the grade from which demoted will be removed from the repromotion priority list. An employee who declines an offer at an intervening grade will lose consideration for other positions at that grade and below.

f. Employees eligible for repromotion priority will be referred in the following order:

(1) Employees demoted from the same occupational series and grade (same competitive level).

(2) Employees demoted from the same grades.

(3) Employees demoted from higher grades.

g. Employees may apply for repromotion priority to positions other than those they indicate under paragraph b above. To receive consideration, the employee must apply as detailed in the announcement for that position, to include submitting all required documents. The application package must clearly be labeled "REPROMOTION PRIORITY" when submitted.

15.7. Management will replace temporary employees in continuing positions to the maximum extent possible. It is understood that acceptance of a temporary appointment will not alter the employee's right to be offered permanent employment.

15.8. The EMPLOYER agrees, consistent with law and regulation, to consider restructuring vacant authorized positions where there is a bona-fide work requirement so as to utilize the skills of qualified separated employees. It will consider offering appointments at a grade level appropriate to such position.

15.9. An employee meeting the criteria of Section 15.6. of this article who believes he/she has not been adequately considered for repromotion may file a grievance under the contract's negotiated grievance procedure.

15.10. Employees filing individual RIF appeals must use the MSPB procedures. 

16.1. REORGANIZATION OR RIF: The EMPLOYER agrees that in the event of a reorganization or a reduction-in-force (RIF), an active outplacement program may be implemented by the NFFE. The primary aim of this' program will be to find a position in the Federal Service for each affected employee commensurate with that employee's skills, experience, and career goals. Finding a non-Federal sector position meeting these requirements will be a secondary aim of the program.

16.2. PERSONNEL FILES: The NFFE and management will jointly encourage each employee to see that his/her personnel file is up-to-date at least annually and as soon as the RIF or reorganization is announced. At the employee's request, the EMPLOYER will add to the personnel file any changes or amendments as appropriate and permitted by Government-wide regulations. The personnel file will be used to match employees with vacancies. Employees possessing skills in more than one area may designate those area(s) in which they wish to be matched for consideration for vacancies.

16.3. OFFICIAL TIME: The EMPLOYER agrees to negotiate official time deemed necessary to execute this article on a case-by-case basis prior to implementation of a reorganization or RIF.

16.4. EMPLOYER PARTICIPATION: To the extent possible, the EMPLOYER will work with the NFFE outplacement program to find positions for the reorganization or RIF affected employees. 

17.1. The EMPLOYER agrees to meet and consult openly and fully with NFFE regarding any commercial activity review of a function within the bargaining unit. "A decision is pending with the Federal Labor Relations Authority concerning the remaining wording of this section. When a decision is received, the parties will meet to discuss the remaining appropriate language for this section."

17.2. The EMPLOYER will promptly provide to NFFE all training materials available to the EMPLOYER on conducting a commercial activity review. These materials will include written and video training materials on preparation of a commercial activity review including the Performance Work Statement, and Most Efficient Organization, the Cost Comparison, and the Administrative Appeal Procedure. NFFE shall be included in any local training sessions on preparation of a commercial activity review if such training had not been received by NFFE Local 273 officers.

17.3. Management agrees to meet and consult with the NFFE on a regular basis, no less than monthly, during the development and preparation of the Performance Work Statement and to consider the input from employees performing the tasks subject to the commercial activity review. The purpose of this consultation is to ensure that the Performance Work Statement is both complete and accurate.

17.4. The EMPLOYER agrees to meet and consult with the NFFE on a regular basis, no less than monthly, during the development and preparation of the Most Efficient Organization and to consider the input from employees performing the tasks subject to the commercial activity review. the purpose of this consultation is to ensure that the Most Efficient Organization is both cost effective and capable of performing the tasks set forth in the Performance Work Statement.

17.5. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.6. The EMPLOYER will invite a union representative in the "walk through" by prospective bidders of the function undergoing an A-76 cost study.

17.7. Prior to the implementation of any decision to contract out, the EMPLOYER shall negotiate with NFFE to the fullest extent allowed by law. These negotiations shall be conducted in accordance with the terms of Article 2, "Negotiations".

17.8. No contract award shall be made until grievance procedures, up to and including arbitration, are exhausted.

17.9. In the event an agency decision to contract out is based upon information provided by the contractor or any individual in violation of the False Claim Act, 31 U.S.C. Section 3729 (1986), the agency agrees to compensate an employee filing a court action according to the court's decree which could range from 15 to 25 percent of the amount saved.

17.10. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.11. The EMPLOYER will ensure that the most efficient organization and inhouse costs are based upon the same work load and performance standard projections that are in the solicitation contractors use for final bids. The EMPLOYER will update in-house costs up to the date before receipt of final firm bids.

17.12. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.13. "A decision is pending with the Federal Labor -Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.14. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.15. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.16. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.17. Management recognizes the "right of first refusal" required by OMB Circular A-76, Part I, Chapter 3(c) at I-18 (1983 ed.) which provides that the contractor will grant those Federal employees displaced by conversion to contract with the right of first refusal of employment openings created by the contractor. Refusing the right of first refusal because of displacement due to contracting-out shall not deny a unit employee of any rights he or she might otherwise have under applicable RIF procedures. 

18.1. Each new employee shall be furnished a current copy of his job description. Each employee is entitled to a complete and accurate position description. All employees will be furnished copies of changes to their job descriptions as they are made by the EMPLOYER. Employees will receive replacement copies as needed, upon request.

18.2. The UNION will be provided a copy of each change in standardized job descriptions prior to implementation or the employees receiving them, and may negotiate as appropriate on any related changes in working conditions.

18.3. When an employee alleges inequities in his job description, grade allocation, or reallocation, if requested, he shall be furnished information on his right to submit a request for review as set forth in applicable regulations. He may be represented or assisted by UNION representatives in discussing the matter with his supervisor(s) or with representatives of the servicing personnel office in reviewing job descriptions that pertain to his position and in pursuing an appeal under the provisions of applicable regulations. Employees retain the right to submit requests for review. No employee will be discriminated against nor will reprisals be taken because of the exercise of such rights.

18.4. Employees shall be given the opportunity, at least once a year, to review their job description and discuss it with their. supervisor or other appropriate management official. If, after reviewing the job description, an employee believes that something should be added or deleted, a written request may be submitted by the employee to the immediate supervisor who shall confirm or deny disputed duties that are performed by the employee, or make other appropriate job-related comments, and forward it to the next higher supervisory level with authority to take appropriate action.

18.5. Should a dispute develop over the accuracy of the job description, management shall investigate and make a determination on the matter. Disputes as to whether or not a particular function is being performed may be submitted pursuant to the negotiated grievance procedure. If there is any disagreement over the grade, title, or occupational grouping, the employee may file a classification appeal in accordance with applicable regulations.

18.6. The requirement that the statement, "performs other duties as assigned" be included on all job descriptions is designed to make clear to employees and supervisors that assignment of duties to employees is not limited by the content of the job description, neither does it justify or permit the assignment of incidental duties to employees which are inappropriate to their positions and qualifications. For example, assignment of custodial duties to clerical, administrative (GS) and (WG) technical employees is normally inappropriately considered as "other duties as assigned."

18.7. The EMPLOYER agrees that employees in the same grade, job series, and work areas will be given fair and equitable treatment with regard to job assignments and details. 

19.1. The EMPLOYER and the UNION agree that the development of performance standards and identification of critical elements will be a joint effort. Employees and their supervisors shall meet at least once each year to discuss the performance standards and critical elements to be applicable.for the coming rating year. The standards and identified critical elements shall be put in writing, reviewed, and signed or initialed by the employee and supervisor. Further amendments may be made during the rating year, and these amendments should be noted with the parties" initials and date. The EMPLOYER will make the final decision on the elements and standards.

19.2. In the interest of providing for objectivity in a supervisory appraisal, an employee must have been working under the evaluating supervisor for at least one hundred twenty (120) days except when a rating official is not able to participate in the preparation of a performance rating (e.g., extended illness, death, reassignment, or resignation); it will be done by the new or next level supervisor(s) by the due date.

19.3. Application:

a. The supervisor will discuss the employee's job performance with the employee in private surroundings at least at midpoint of the rating period.

b. If the supervisor has identified shortcomings in the employee's performance, the employee shall be notified as soon as possible when the problem is perceived. The supervisor will suggest ways for the employee to improve in order to more satisfactorily perform duties at expected levels.

c. All performance evaluations. will be reviewed and approved by an approving official. A follow-up discussion may be held after the initial discussion.

d. Prior to the date an employee is eligible for a within grade increase, the EMPLOYER will review the work of the employee. When a supervisor's review leads to the conclusion that the employee's work is not at an acceptable level of competence, the supervisor will provide to the employee, in writing, at least 60 calendar days before the employee is eligible for the within grade increase, the following:

(1) An explanation of those aspects of performance in which the employee's service falls below an acceptable level.

(2) What the employee must do to bring his/her performance up to the acceptable level.

e. If the employee's performance improves to the fully successful level, the employee's within grade increase will be approved. If the employee's performance has not improved, the EMPLOYER will notify the employee, in writing, that the within grade increase is being withheld. The notice will include reasons for the action and will also inform the employee of his rights. 

20.1. An employee whose performance rating is less than fully successful is entitled to at least sixty (60) days advance written notice which informs the employee:

a. Of the specific instances of unacceptable performance by the employee on which the proposed action is based.

b. Of the critical elements of the employee's position involved in each instance of unacceptable performance.

c. That the employee has a minimum period of sixty (60) days to bring performance to a satisfactory level.

d. How the work supervisor will assist the employee in that effort.

e. What the employee must do to bring performance to a satisfactory level in the period.

f. That the employee's performance will be reevaluated at the end of the period.

20.2. An employee whose reduction in grade or removal is proposed is entitled to,

a. At least thirty'(30) days advance written notice of the proposed reduction in grade or removal.

b. Be represented by an NFFE representative(a) or other representative of their choice.

c. A reasonable time (at least fifteen (15) days) to answer orally and/or in writing.

d. A written decision which:

(1) In the case of a reduction in grade or removal, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based.

(2) Unless proposed by the Commander, has been concurred in by a supervisor who is in a higher position than the supervisor who proposed the action.

(3) Addresses the efforts the employee has made to improve his/her deficiencies, how these efforts have fallen short, and why further employee or activity efforts at rehabilitating the employee would be fruitless.

20.3. If an employee is the subject of an action based on unacceptable performance due to a disability and the employee files for disability retirement and it is approved, the employee, at his/her option, may use any available sick leave. 

21.1. When the NFFE determines that a local work situation warrants coverage under payable categories of Appendix J, FPM Supplement 532-1, Subchapter SS-7, or Appendix A and E, Book 550, FPM Supplement 990-2, it will notify the Civilian Personnel Officer of the title and location of the position(s) and nature of the exposure so as to show clearly that the hazard, physical hardship, or working condition which results from that exposure is of an unusual nature. Within fifteen (15) days of the receipt of the NFFE's position, the parties will meet for the purpose of consulting on the issue. If the EMPLOYER representative's decision on the matter is not acceptable to the NFFE, the NFFE may request that the EMPLOYER submit the case through channels to the Department of the Army for resolution. The EMPLOYER will comply with this request in all cases.

21.2. When the NFFE or the EMPLOYER determines that there is a need to establish additional categories to Appendix J of FPM Supplement 532-1, Subchapter S8-7, or Appendix A, Book 550, FPM Supplement 990-2, for which an environmental differential should be paid, it will notify the other party of the proposed changes and include information showing: 1) the nature of the exposure so as to show clearly that the hazard, physical hardship, or working condition which results from that exposure is of an unusual nature; 2) the degree to which the employee is exposed to the hazard, physical hardship or working condition; 3) the period of time during which the exposure will continue to exist; 4) the degree to which control may be exercised over the physical hardship, hazard, or working condition; and, 5) the rate of environmental differential recommended to be established. Within fifteen (15) days of the receipt of the proposal, the parties will meet for the purpose of developing a joint request to establish the new category. If the parties cannot agree upon a joint request, they may prepare individual proposals for transmittal by the EMPLOYER through channels to the Department of the Army for resolution.

21.3. The EMPLOYER shall notify the NFFE in advance and provide NFFE the opportunity to negotiate as appropriate when there is a proposal to decrease the pay of the employees and a determination that a job or jobs are no longer entitled to environmental differential pay. 

22.1. The EMPLOYER and the NFFE agree that the training and development of employees within the unit is a matter of primary importance to the parties.

22.2. The NFFE may submit suggestions and recommendations to the EMPLOYER concerning trainee programs and the technical content, thereof. The standards adhered to will be consistent with the training needs of the activity.

22.3. The EMPLOYER shall make every reasonable effort to provide assistance, recognition and opportunity for training of employees when the need for training is related to the individual's officially assigned duties or is related to job training opportunities provided for in pertinent regulations and directives relating to training opportunity and availability. Training required by the EMPLOYER will be accomplished at the EMPLOYER's expense.

22.4. Supervisors will, upon request of an interested employee, suggest or identify training that can aid in achieving defined objectives and goals of the employee and EMPLOYER. Available training programs will be discussed with the employee who would normally be eligible for such training. Training courses and materials furnished by the EMPLOYER will be distributed on a fair and equitable basis.

22.5. If an employee is required to train a new employee, the supervisor will give appropriate consideration to the work load requirements imposed on the employee.

22.6. The EMPLOYER agrees to record official training accomplishments of four (4) hours or more in the employee's official personnel folder.

22.7. Employees may avail themselves of training opportunities provided by the Employee Development Program, the College Trainee Program, the Management Development Trainee Program and any other offered training in accordance with applicable regulations.

22.8. If agency training is not available and funds are available, employees with the need to know will be sent to outside schools to provide adequate training. Those employees sent first normally will be those who have primary responsibility for the instruction or repair of the equipment, accessories, and/or systems or activities which is the subject of the training.

22.9. In determining candidates for training of employees of the same grade and position classification for limited openings, those with the earliest date of entrance should be the first considered. In all cases, journeymen or senior level employees should be considered first in selection for training.

22.10. The EMPLOYER, in accordance with existing regulations, may modify an employee's work schedule to assist him/her in undertaking an outside educational program.

22.11. The EMPLOYER agrees that travel to attend training away from the normally assigned work place will be administered in accordance with applicable regulations.

22.12. An employee participating in an EMPLOYER sponsored and approved directed study course may be given related assistance by management to include necessary and reasonable duty time for study when properly authorized and the mission will allow.

22.13. In the case of requirements for personnel to instruct or train other personnel, consideration will be given by management for loss of productivity due to the training efforts.

22.14. 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) as a minimum to qualify for a position which is equal in pay to the position to be eliminated. 

23.1. STANDARD WORK WEEK: The standard work week shall consist of forty (40) hours spread over five (5) consecutive eight (8) hour days, Monday through Friday. The standard work week will be the period for which an employee is paid his/her straight-time pay rate. Any change in the hours of work, shifts, or tours of duty will be negotiated with the NFFE, upon request.

23.2. WORK SCHEDULE: If the EMPLOYER proposes to change the work week, the EMPLOYER and the NFFE will meet and negotiate on the new tours, upon request. The EMPLOYER shall give the employee at least ten (10) work days notice prior to the first administrative work week in which the change in tours occurs, except in emergencies and where the mission requires the change.

23.3. ALTERNATIVE WORK SCHEDULES:

a. Employees may request to work an alternative work schedule. Requests should be in writing and submitted to the employee's immediate supervisor who has authority to approve the request. Should an employee's request be denied, the employee will be provided compelling written reasons for the denial, upon request of the employee or his representative. Denials must be based on operational requirements.

b. Alternative work schedules available to unit employees include:

(1) Four-day work weeks.

(2) Three-day work weeks.

(3) The 5-4/9 plan.

(4) Scheduled flexitime.

23.4. SHIFT AND TOUR WORK: Assignment of employees to work such tours will be accomplished on a rotational basis from the employees of the organizational element which has established the irregular tour. Employees working such rotating tours will be given the opportunity, based upon seniority rights as described below, to elect or designate their beginning shift rotation. The selection of employees to be assigned to irregular (fixed) tours of duty will be based on individual employee preferences and qualifications whenever possible. If assignment is required contrary to employee prefe.rences, selection will be made on length of continuous civilian Federal service at the title and grade being staffed in the organizational element which has the responsibility for staffing the irregular tour. The least senior employee(s) in the organizational element with the title and grade of the position(s) established for the irregular tour will be assigned to the irregular tour when sufficient employees do not volunteer for the tour. Unnecessary rotation of employees from shift to shift or tour to tour shall not be practiced. The employee may leave the work area during lunch periods except for employees in a paid lunch period. These tours of work shall consist of a total of eighty (80) hours over a two (2) week period. The days off will be consecutive unless negotiated otherwise with the NFFE. Shift and/or tour schedules will be posted at least ten (10) work days in advance of the assignment, unless there is an emergency mission requirement, then notice will be given as soon as the need is known. An employee will normally have at least sixty-four (64) hours (normal two (2) day "weekend") off between shift and/or tour changes. 

24.1. Employees shall be granted reasonable time for: (1) securing and returning tools, equipment, and supplies; (2) changing clothes when the nature of the duties performed require contact with toxic or dangerous materials or dirty work; and (3) necessary cleaning of their work area. 

25.1. Employees shall be allowed two (2) fifteen (15) minute breaks during an eight (8) hour work day. Employees shall be allowed to take the rest break away from the immediate work site as long as they stay in communication with management.

25.2. Employees who work overtime shall be allowed a fifteen (15) minute break at the beginning of overtime and a twenty (20) minute break during the middle of each consecutive four (4) hour period of overtime work. 

26.1. Recognizing the vitally important contribution suggestions make toward a better, more efficient, and less costly operation, the NFFE shall fully support the Army Suggestion Program as it is implemented in the unit. The NFFE shall demonstrate this support by:

a. Designating a representative to participate, when requested by the chairman, in the deliberation of the Incentive Awards Committee with respect to program planning and evaluation.

b. Periodically and at least semiannually, publishing articles in the NFFE newsletter promoting or explaining the program. 

27.1. EMPLOYEE ASSIGNMENT: When overtime is required, employees normally assigned to the duties performed on such overtime will be allowed to perform the overtime work. Care will be taken to ensure that employees in the same work unit and job classification performing the work during the normal duty hours receive the first opportunity for such work on the basis of equal distribution. In no case will overtime work be assigned to any employee as a reward or punishment.

27.2. DISTRIBUTION: Records showing the overtime distribution shall be maintained according to Army regulations, and all employees shall have an equal opportunity to share in the overtime. When an employee indicates unwillingness to perform overtime, the EMPLOYER shall make every effort to accommodate the employee's request to be excused from overtime work provided that another qualified employee is available for the overtime.

a. Employees will not be required to work overtime when:

(1) An employee has started a scheduled vacation unless the employee volunteers or it is necessary for the employee to perform the duties required and there is no one else available to do the work.

(2) Notified that the employee cannot work overtime because of health

b. Sunday overtime work will be on a voluntary basis unless there is an urgent mission need.

27.3. COMPENSATION: An employee shall be neither compelled nor permitted to work overtime without compensation. Employees shall be compensated for any partial hour worked in increments of fifteen (15) minutes.

27.4. Upon receipt of a timely request, an employee will be excused from a planned overtime assignment provided another employee in the section or activity affected, in the same job category and possessing the required skills is available for the assignment and is willing to work overtime. An employee required to work overtime due to the unexpected absence of another employee on the shift immediately following his will be relieved as soon as possible -provided a substitute can be obtained to perform the work required.

27.5. Employees called in to work outside of and unconnected with their basic work week shall be paid a minimum of two (2) hours pay regardless of whether the employee is required to work the entire two (2) hours. In addition, thereto, any employee called in to work on shifts outside his basic work week shall be promptly-excused upon completion of the job which he was called in to perform unless needed to work on another job.

27.6. The EMPLOYER will provide the NFFE, upon request, necessary pertinent information concerning overtime hours worked to aid in resolving alleged inequities in overtime distribution within a particular job classification. It is agreed that records of overtime worked will be maintained by the EMPLOYER and shall be disposed of in accordance with applicable regulations governing records disposition.

27.7. When overtime work is necessary, an employee will be given as much advance notice as possible. Normally, notice will be provided at least one (1) week in advance. 

28.1. ANNUAL LEAVE: Employees shall accrue annual leave in accordance with applicable regulations. Each employee must apply for approval to use leave. Applications for annual leave will be considered promptly and will be approved in advance. Approval of an employee's request for accumulative annual leave shall be granted, subject to operating requirements, and provided that the employee gives his supervisor reasonable advance notice. Approval will normally be withdrawn only in case of emergency-or mission essential situations. When employees can be spared from their duties, annual leave will be granted freely for personal purposes. When the EMPLOYER finds it necessary to cancel previously approved leave and/or deny the specific period requested by an employee, the reasons for such action will be explained to the affected employee. In such cases, the employee and the supervisor, as soon as possible, will try to agree on a new schedule for the leave.

28.2. Accrual of annual leave will be the effective date of appointment in an eligible position and will be available for use immediately upon accrual.

28.3. Employees shall accrue annual leave in accordance with the Annual and Sick Leave laws and Government-wide regulations. Management has the primary responsibility for determining when and to the extent which annual leave is to be taken, as well as the responsibility for requiring annual leave to be taken when necessitated by circumstances. The following principles shall be followed in scheduling and taking annual leave:

a. Each supervisor who has the administrative authority to approve leave will prepare a leave schedule not later than 1 April of each year for the employees under his/her supervision. In preparing the schedule, the desires of employees as to the time for taking leave will be considered if possible. Determination as to the time and amount of annual leave which is to be granted generally should be on the basis of mutual agreement between the employee and his/her supervisor. The controlling criteria, however, will be work load and operational necessity. As a minimum, the schedule will provide for all employees to take all leave which would otherwise be forfeited at the end of the leave year. To the extent permitted by work conditions, each employee with sufficient leave accumulated or to be earned during the year will be allowed to schedule an extended period of leave for vacation purposes and to utilize any remainder without formally scheduling it so long as the use is approved by the supervisor. If the supervisor determines that it will be necessary to deny leave which has been scheduled, the employee will be informed of the reasons. If the employee so requests, the reasons will be furnished in writing. An employee who declines to take leave as scheduled will not lose or in any way prejudice his right to take leave at other periods during the year if it is determined that his services can be spared on other dates.

b. Annual leave is subject to prior approval by the appropriate supervisor; however, retroactive approval may be given where circumstances warrant. Employees will normally be required to initial annual leave on the time and attendance record prior to going on leave to show that the leave was requested and approved. In cases where the employee cannot initial the time and attendance report, application for leave and its approval will be made on SF-71, Application for Leave. Normally, employees will not be denied the use of annual leave which they would otherwise be required to forfeit because of maximum accumulation or forfeiture rules.

c. An employee requiring unscheduled leave will notify his/her supervisor as early as practicable on the first day of absence and not later than two (2) hours after reporting time. Under extreme mitigating circumstances, employees may notify the supervisor or other designated official prior to the end of the duty day. Such requests for unscheduled leave will normally be granted for reasonable periods unless there are compelling work circumstances to the contrary or unless the employee has been previously notified that his request for unscheduled annual leave are excessive or questionable. Employees who are granted emergency unscheduled annual leave may, upon return to duty, be required to substantiate the necessity of such leave by submission of such evidence as is reasonable under the attendant circumstances.

d. The minimum charge for annual leave is one (1) hour, and additional charges will be in multiples thereof. The maximum charge for the regularly scheduled work week is forty (40) hours (for standby employees, all of the hours in the regularly scheduled tour of duty, including holidays on which the duty was scheduled). Absences of less than one (1) hour will not be cumulated from day to day for purposes of charging leave but will be treated separately. Absences caused by tardiness may be charged to annual leave at the discretion of the appropriate supervisor, but, in such cases, the employee will not be required to perform work until the full time charged to annual leave has elapsed. Where an employee's tour of duty ends in a fractional hour, the fraction in case of absence for one (1) day or less is charged in units of full hours. Successive absences on consecutive days will be charged in such a manner that will result in the total amount of annual leave approximating the total regularly scheduled tour of duty.

28.4. In the case of transfer within a facility of an employee from one organizational element to another, the EMPLOYER will give every possible consideration to approve previously scheduled leave.

28.5. Upon termination, employees will receive payment for unused annual leave in accordance with applicable regulations.

28.6. Employees shall be granted time off to observe religious holy days of their faith if their absence will not unduly hamper operations. Such time off will be charged to annual leave, if available, leave without pay, or the employee may request a schedule change for the specific days.

28.7. The EMPLOYER will announce any planned shutdown or reduction of operations to employees as soon as practical after the decision is made of such requirement.  During any period of shutdown or reduced operations, every possible effort will be made to provide other available work for employees who request it or do not have annual leave to their credit.

28.8. SICK LEAVE: Unit employees shall earn and be granted sick leave in accordance with applicable regulations. The EMPLOYER and the NFFE agree that sick leave is intended to ensure against a loss of income when employees are incapacitated by illness or injury. The parties further agree that sick leave is not intended to supplement annual leave.

28.9. Sick leave, if available, shall be granted employees incapacitated for the performance of their duties by sickness, injury, or pregnancy and confinement, or for medical, dental or optical examination or treatment, or where a member of the employee's household has a contagious disease ordinarily subject to quarantine and which might endanger the health of others where the employee works. Employees absent because of sickness or injury must notify their supervisors within two (2) hours of the start of their shifts on the first day of illness or as soon, thereafter, as possible.

28.10. Normally, application for sick leave for medical, dental, and medical examination or treatment will be requested and approved in advance.

28.11. The EMPLOYER may require that an employee furnish a medical certificate for each absence which he claims was due to incapacitation for duty in individual cases if there is valid reason to believe the employee is abusing leave privileges. In such cases, the employee will first be advised in writing that, because of his questionable sick leave record, a medical certificate may be required for any subsequent absence or sick leave.

28.12. It is agreed that all cases requiring a medical certificate for each absence shall be reviewed by the supervisor for the purpose of determining whether such requirement can be eliminated and that such review shall take place not more than three (3) months thereafter if it has not previously been rescinded

28.13. Official written notice of abuse of sick leave shall not be issued on the basis of absence claimed on sick leave which has been documented with a qualified doctor's statement from a physician to the EMPLOYER unless abuse can be substantiated. 

28.14. Absence of three (3) work days or less will normally not require more than the personal certification of the employee as to his incapacity for duty. The employee's initials on his time and attendance report may constitute his certification. In the event the time report is not initialed, the employee's personal certification on an SF-71 will be furnished within one (1) full pay period following his return to duty. Unless the absence can be foreseen, advance requests for sick leave will not be required.

a. Absences of more than three (3) work days will normally require a properly executed medical certificate. However, supervisors may, at their discretion, accept the employee's personal certification on SF-71, Application for Leave.  In such instances, the employee will complete the the SF-71, except for blocks labeled "Certificate of Physician or Practitioner.  The Supervisor will then sign the form, indicating and maintain the form to support the leave.

b. Prolonged Absence. In cases of prolonged absence due to illness, a medical certificate from the attending physician must be submitted at intervals of one (1) month unless the initial certificate specifies the length of time the employee will be incapacitated. When a certificate cannot reasonably be obtained, a statement by the employee relating the facts of the illness may be accepted.

28.15. Employees who, because of illness, are released from duty will not be required to furnish a medical certificate to substantiate sick leave for the day released from duty if the supervisor releases the employee.

28.16. Unaccrued sick leave may be advanced to an employee in cases of serious illness or disability, including pregnancy, upon his/her request, not exceeding a maximum of 240 hours in accordance with applicable regulations, provided the employee's accrued sick leave has been exhausted, he/she has not established a pattern of sick leave abuse, and he/she furnished reasonable evidence of returning to work on a permanent basis. Where it is known that an employee is to be retired or where it is anticipated that he is to be separated, the total advance may not exceed an amount which can be liquidated by subsequent accrual prior to the separation.

28.17. LEAVE WITHOUT PAY: Leave without pay is a temporary nonpay status and absence from duty which is granted at the employee's request. The authorization of leave without pay is a matter of administrative discretion. Except for disabled veterans needing medical treatment, and Reservists and National Guardsmen desiring LWOP for military training duties, employees cannot demand that they be granted LWOP as a matter or right. In most cases, leave without pay is the result of a lack of sufficient leave credits to the employee's account to cover all or a portion of the requested period of absence, and is subject to the same approval as that required had there been sufficient credit.

a. Leave without pay, regardless of duration, will normally be denied to any employee who has an accrued or accumulated balance of annual leave. Exceptions to this policy will be made under the conditions of (1) and (2) below, and may be made under the circumstances described in (3), (4), and (5).

(l) When an employee requests a period of ninety (90) days leave without pay, such leave may be granted to career or career conditional employees who must relocate because they are dependents of service personnel or are federal employees who are obligated to move on rotational assignments, or upon the transfer of a function of activity.

(2) When an employee injured in the performance of duty is in receipt of disability compensation.

(3) When a Reservist is to enter on active military duty for a period of three (3) months or less, or for training.

(4) When an employee is participating in cooperative training programs or is in receipt of an award or grant for study and research purposes.

(5) When an employee requests leave for the purpose of serving with a labor organization.

b. Periods of leave without pay not to exceed thirty (30) days may be granted by supervisors or operating officials. Requests for extended leave without pay (periods in excess of thirty (30) days) will be submitted to the Directorate of Civilian Personnel on an SF 52, Request for Personnel Action, together with the employee's request for leave.

c. Approval of extended leave without pay will be made only in those cases where there is reasonable assurance that the employee will return to duty, and that at least one (1) of the following benefits result:

(1) Increased job ability.

(2) Protection or improvement of the employee's health.

(3) Retention of a desirable employee.

(4) Furtherance of a program of interest to the U.S. Government.

28.18. ADMINISTRATIVE LEAVE: Administrative leave is treated as time worked for all purposes, except that the employee is excused from his regular assigned duties. Administrative leave will be granted under the following circumstances:

a. Blood donations for which the employee is not paid for the donated blood.

b. Registration with or required appearance before the employee's draft board or similar entity.

c. For voting in governmental election, federal, state, county and municipal elections, a reasonable amount of time to vote will be granted, including time to commute.

d. Fulfillment of administrative responsibilities in connection with a nonlocal transfer or separation.

e. Fulfillment as a witness in the employee's official capacity as an employee, serving as a witness in behalf of the agency or the United States in compliance with applicable regulations.

28.19. Administrative leave may also be granted under the following conditions:

a. Separation or investigation when allowing the employee to continue working would be dangerous to life or property or otherwise inconsistent with the fulfillment of the mission. Administrative leave in connection with an investigation will not exceed 30 days after which the employee will be placed in an annual leave status until his accrued annual leave is exhausted.

b. Supervisors may approve brief periods of absence up to fifty-nine (59) minutes.

c. Other administrative leave may be granted at the EMPLOYER's discretion.

28.20. CLIMATIC AND DISASTER REASONS: When operations are interrupted by disasters, floods, hurricanes, severe storms, fire, and similar situations, and a decision is made to close all or part of the installation, the employees may be excused from duty without charge to leave or loss of pay. When all or part of the installation is not closed, but due to climatic conditions or the breakdown of transportation facilities, it is impossible for some employees to report for work, it is within the administrative discretion of the Commanding General to excuse such absences without loss of pay or charge to annual leave, or to require the use of annual leave. However, the same policy will be applied with respect to all employees similarly affected. When it is desired by the Commanding General to excuse employees in excess of one hour for managerial, climatic, or disaster reasons, the information will be disseminated through news media such as radio or television. In all instances, operating officials and supervisors should permit employees to make maximum use of annual leave when climatic conditions produce hazardous driving to and from work which results in congested traffic, and especially where full utilization of employees is not possible. When a decision is made to release employees from duty early because of hazardous road conditions, those released employees will be granted excused absence. Release will normally be in phases with the final group of employees being released no later than one (1) hour after the release of the first group of employees. When the installation is to be closed, the Commanding General or his designee shall make the final administrative decision. This will include weekends that employees may be assigned to duty. The provisions of the Fort Sill Severe Weather Operations Plan regarding essential employees will apply.

28.21. MATERNITY LEAVE:

a. Maternity leave is a period of approved absence for incapacitation related to pregnancy. It is chargeable to sick leave, or any combination of sick leave, annual leave, or leave without pay. When incapacity is properly established by medical authority, the use of sick leave for maternity reasons is a right accruing to the employee regardless of the type of appointment.

b. With proper medical supervision, the healthy women can be employed during a normal pregnancy with minimal limitations imposed for health and safety, depending upon the rigors of the job. The employee should be considered physically able to work during at least the first 28 weeks of pregnancy and even into the 36th week if her work is not too physically demanding. Ordinarily, the employee should remain off work at least six weeks after delivery. She should be allowed to return to work prior to this time only with the clearance of her physician.

c. An employee should report pregnancy as soon as it is known so that steps can be taken to protect the employee's health or improve her working conditions, and also so that necessary staffing adjustments may be planned. When there is any question as to the employee's physical conditions, the employee should be requested to furnish a medical certificate, if one has not already been presented, so that necessary action may be taken. Where competent medical advice indicates that the employee should not be permitted to work, and the employee does not request leave, she may be required to take leave in order to prevent injury to her health.

d. Rules regarding medical certification for maternity absences are the same for any other type of incapacity, regardless of the type of leave to which the absence is charged. Any absence, either before or after delivery, which is not due to the employee's medical incapacity to work must be charged to annual leave or leave without pay and is subject to the normal approval of the supervisor.

e. Due to the nature of temporary employment, it may be necessary to deny approval of annual leave and leave without pay for maternity reasons to temporary employees if work requirements so dictate.

28.22. HOLIDAYS: Employees shall be granted all holidays given to Federal employees_ by statute and shall also receive holidays granted through Executive Order or in accordance with Government-wide regulations.

28.23. MILITARY LEAVE: Military leave is absence from a civilian position without charge to leave or loss of pay for those employees who are members of Reserve Components of the Armed Forces (U.S. National Guard, U.S. Army Reserve, U.S. Naval Reserve, U.S. Marine Corps Reserve, U.S. Air National Guard, U.S. Air Force Reserve, and U.S. Coast Guard Reserve). Military leave is granted to members of Reserve Components who are full-time civilian employees serving under appointments not specifically limited to one (1) year or less. In order for such leave to be granted, the military order calling the employee to active duty is sufficient evidence for the initial authorization. Upon return to civilian duty, each employee must furnish official evidence of his performance of military duty. Military leave is authorized under two conditions:

a. Active Duty Training. Military leave is granted for the purpose of active military duty which includes duty on the active list, full-time training duty, annual training duty, and attendance while in the military service at a school designated as a service school by law or by the secretary of the military department concerned. The amount of leave available for such purposes is controlled by the applicable government-wide laws, regulations, and Comptroller General's decisions.

b. Aid to Enforce the Law. Military leave for up to twenty-two (22) work days in a calendar year is authorized when the reservist or national guardsman is called to duty to provide military aid to enforce the law.

28.24. COURT LEAVE:

a. Court leave is the authorized absence, without charge to leave or loss of compensation, of an employee from official duty for jury duty or for periods of time when the employee is summoned to appear in a nonofficial capacity as a witness in a judicial proceeding to which the federal government or a state or local government is a party.

b. Employees are considered to be on official duty, rather than court leave, when they are summoned to:

(1) Testify (whether in an official capacity or nonofficial capacity) or produce records on behalf of the United States Government or the District of Columbia, or

(2) Testify in an official capacity or produce official records on behalf of a state or local government, or a private party.

c. The Department of the Army considers response to calls for jury and other court services the civic responsibility of all its employees. To this end, requests that the employees be excused from jury duty will be limited to those instances where their services are required to meet essential work schedules and where public interests are better served by the employees remaining on duty.

d. Court leave for witness service (as distinguished from official duty while testifying in official capacity or producing records) may not be granted when only private parties are parties to the court proceeding. A charge to annual leave or leave without pay will be made in such cases. Any fees paid may be retained by the employees.

e. When an employee is in receipt of orders, a subpoena, or other summons from a court to appear on behalf of a state or local government, or to present himself for jury duty in any federal, state, or municipal court, court leave will be granted for the day(s) when service is rendered to the court. An employee may not be granted annual leave in lieu of court leave in order to retain court fees. Fees received must be turned in to the Finance Office. If an employee is excused or released by the court for any day or a substantial portion of a day, he is expected to return to duty (except when only an hour or two remains in the daily tour) provided that return would not cause hardship because of the distance from home, duty station, and the court. Failure to return to duty may result in a charge to annual leave, leave without pay, or absence without leave. It is the responsibility of each supervisor to assure himself that each of his employees who is granted court leave is aware of the provisions of such leave, and that they comply accordingly.

f. An employee who is to be absent on court leave is required to present the court order, subpoena, or summons to his immediate supervisor as far in advance as possible.  Such notice should be presented before court leave is approved by the supervisor.  Upon return to duty, written evidence of his attendance at court is required, showing the dates (and hours if possible) of the service.  Generally, such statements may be obtained from the court clerk

g. A night shift employee who is called to jury duty or to testify on behalf of a state or local government will be granted court leave for a commensurate part of his scheduled night tour. In determining the amount of time to be charged as court leave, supervisors should accord night shift employees the same considerations as those on day shift, i.e., time should be allowed for travel to and from court and for any necessary clothing changes.

h. An employee on leave without pay when called to jury duty is not eligible for court leave since court leave may be granted to employees who, except for jury duty, are in a pay status. When an employee is called to jury duty while on annual leave, court leave will be substituted.

28.25. COMPENSATORY TIME:

a. Classification Act employees whose rates of basic compensation exceed the maximum scheduled rate of GS-10 will normally be required to take compensatory time off in lieu of overtime pay. Exceptions may be authorized when duration of peak work loads preclude granting of compensatory time within prescribed time limits. Other Classification Act employees will be paid for overtime unless they voluntarily accept compensatory time. This category of employees will not be coerced or required to accept compensatory time in lieu overtime payment. Wage grade employees will be paid for all overtime worked. Under no circumstances will they be granted compensatory time in lieu of overtime pay.

b. Compensatory time must be granted within a reasonable period of time after overtime work was performed, ordinarily during the same pay period and not Later than the end of the thirteenth (13th) pay period following that in which the overtime work was performed.

c. Compensatory time will be granted on the basis of one (1) hour off duty for each overtime hour (or 15-minute multiples) worked, and not on a time-one one-half basis. If compensatory time off is not taken within the prescribed period, the employee will be paid for such time based upon the rate in effect at the time overtime was performed.

28.26. ABSENCE WITHOUT LEAVE:

a. Absence without leave (AWOL) is an absence from duty which has not been authorized or approved by the proper official. In such cases, pay is denied for the entire period of absence. However, where it is administratively determined that the absence without prior authority is excusable because of conditions which rendered approval impracticable, the charge to absence without leave may be changed to annual leave, sick leave, or leave without pay as appropriate.

b. If the supervisor determines that an employee's absence should be charged, as AWOL, he will contact the Management Employee Relations Branch of the Directorate of Civilian Personnel for concurrence on the appropriateness of such charge prior to submission of the charge of AWOL on the Time and Attendance Report.

c. Carrying an employee as absent without leave on the Time and Attendance Report is not of itself a disciplinary action, although the employee is not paid for that absence. When a supervisor charges an absence as AWOL, he must decide whether disciplinary action is warranted and necessary as a corrective measure. 

29.1. GENERAL: A disciplinary action is any action taken against an employee which causes anything critical of the employee to be placed in a personnel folder or which results in any other penalty. Disciplinary actions against all employees, including probationary employees, must be based on just cause, be consistent with applicable laws and regulations, and be fair and equitable. The least degree of discipline likely to correct the problem shall be that taken. As a general rule, informal disciplinary actions shall be used before taking a formal action against an employee. Informal actions include oral admonishments and warnings.

29.2. An employee who receives a suspension of fourteen (14) days or less, letter of reprimand or other disciplinary actions must raise the issue under the negotiated grievance procedure.

29.3. Adverse actions are defined as:

a. Removal.

b. Suspension for more than fourteen (14) days.

c. Reduction in grade.

d. Reduction in pay.

e. Furlough of thirty (30) days or less.

29.4. PRELIMINARY INVESTIGATION: Prior to issuing a proposed notice of disciplinary action, the immediate supervisor should undertake preliminary investigations and discussions with the employee(s) and his/her representative. Employees of the Unit are entitled to NFFE representation at all investigations of the employee. If the employee desires such representation, it shall be granted before further action occurs. If disciplinary action is deemed necessary, it will be initiated as soon as possible after the incident in question or as soon thereafter as management knew of or reasonably should have known of the incident.

29.5. NOTICE: A notice of proposed disciplinary or adverse action against an employee shall be in writing and shall inform the employee:

a. Of the specific reasons for the proposed action.

b. Of the name of the deciding official to whom the employee may respond.

c. That the employee may answer orally and/or in writing and may submit affidavits or other written statements in support of that answer.

d. That the employee's response will be considered by the deciding official.

e. That the employee may be represented by a NFFE representative.

f. Of the employee's status during the notice period.

g. That the employee and/or representative shall be granted a reasonable amount of official time to receive copies and review the material relied on to support the reasons in the notice, to secure affidavits or other written statements, and to prepare an answer to the notice.

h. Adverse actions will require at least thirty (30) days advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action.

29.6. EMPLOYEE'S ANSWER: The employee will have fifteen (15) calendar days from receipt of the proposal to transmit a reply to the deciding official. This period may be extended by the deciding official upon request of the employee or of the employee's representative.

29.7. ACTION BY THE DECIDING OFFICIAL:

a. The deciding official is the individual who makes the final decision to issue a suspension, removal, or other disciplinary action. The deciding official shall be at a higher level in the activity (at least at the directorate level) than the proposing official.

b. After carefully considering the evidence and the employee's response and any mitigating factors, the deciding official shall:

(1) Withdraw the proposed action; (2) Institute a lesser action; or. (3) Institute the proposed action.

29.8. FINAL DECISION:

a. In cases of removal or suspensions over fourteen (14) days, a final decision will be made not sooner than thirty (30) days from receipt of the proposal letter.

b. Upon request, the EMPLOYER shall provide the NFFE with a copy of all proposed disciplinary actions against employees in the unit.

c. Letters of reprimand will include a specific time period, in accordance with Government-wide regulations, from the effective date when the letter will be removed by the activity from the personnel folder. Letters of admonishment or warning shall not be retained in the employee's personnel folder.

d. In the event an unfavorable final decision is issued, the employee shall be advised that he or she has the right to appeal the decision under the negotiated grievance procedure. 

30.1. COMMON GOAL: The EMPLOYER and the NFFE recognize the importance of settling disagreements and disputes promptly, fairly, and in an orderly manner that will maintain the self-respect of the employee and be consistent with the principles of good management. To accomplish this, every effort will be made to settle grievances expeditiously and at the lowest level of supervision.

30.2. SCOPE: This negotiated grievance procedure shall apply to matters of concern or dissatisfaction regarding the interpretation, application or violation of law, regulations, or this agreement; conditions of employment; or relationships with agency supervisors and officials, including prohibited personnel practice charges, and disciplinary and adverse actions. It shall apply to all matters indicated above, whether or not set forth in this Agreement. This grievance procedures does not apply to:

a. A violation relating to prohibited political activities.

b. Retirement, life insurance, or health insurance.

c. A suspension or removal for national security reasons.

d. Any examination, certification, or appointment.

e. Classification of a position which does not result in reduction in pay or grade for the employee.

f. Separation during probation.

g. Employee-initiated grievances concerning RIF.

Nothing in this section shall prevent employees from processing any prohibited personnel practice defined in law through any appropriate statutory appeals procedure provided that the employee has not filed a formal grievance on the matter in accordance with this Agreement.

30.3. The NFFE may file a grievance and proceed to arbitration on any procedural error in the RIF as a whole.

30.4. APPLICATION: A grievance may be undertaken by the NFFE, the EMPLOYER, an employee, or a group of employees. Only the UNION or representative approved by the UNION may represent employees in such grievances. However, any employee or group of employees may personally present a grievance and have it adjusted without representation by the UNION provided that the UNION will be a party to all the discussions and the grievance process. In exercising their rights to present a grievance, employee representatives shall not be impeded and will be free from restraint, coercion, discrimination, or reprisal. 

31.1. Before initiating step 1 of the grievance procedure, the EMPLOYER and NFFE will hold oral discussions between the EMPLOYER, the employee, and NFFE. If oral discussions do not produce a mutually acceptable solution, step 1 of the grievance procedure may be pursued. Should either party elect not to hold oral discussions, step 1 of the grievance procedure may be pursued.

Step 1: Grievance: The grievance shall then be reduced to writing and taken up by the grievant (and representative or steward, if he/she elects to have one) with the immediate supervisor or the lowest level management official with authority to render a decision. Should the CG or equivalent not have the authority to remedy the situation, NFFE Local 273 may take the issue directly to arbitration. The grievance must be initiated within thirty (30) work days of the incident that gave rise to the grievance unless the grievant could not reasonably be expected to be aware of the incident by such time. In that case, the grievance must be initiated within thirty (30) work days of the date the grievant became aware of the incident. The supervisor/manager will provide a written decision to the grievant and the UNION representative within ten (10) work days after presentation of the grievance. Such decision will be in writing and every effort shall be made to ensure that it is clearly communicated and understood. If the decision is not resolved within the deadline or the decision reached is not acceptable to the grieving party, the grieving party may proceed to step 2.

Step 2: Within ten (10) work days after step 1 procedures, the step 2 grievance shall be presented in writing by the aggrieved or his/her representative to the directorate or equivalent level. Upon receipt of the grievance, the director or equivalent shall, within ten (10) work days, render a written decision.

If the step 1 was filed against the director or equivalent level, step 2 will be bypassed and the issue will be submitted directly to step 3.

If the Chief of Staff is the employee's immediate supervisor or the lowest level having authority to remedy the situation, steps 1 and 2 will be bypassed.

Failure to meet the deadline or if the grievant is dissatisfied with the decision, the grievant may proceed to step 3.

Step 3: Within ten (10) work days after receipt of the written decision on the step 2 grievance, the step 3 grievance shall be presented in writing by the aggrieved and his/her NFFE Local 273 representative to the Chief of Staff, Fort Sill, OK, or the Commander, Director, Commissary Officer for activities not in the Fort Sill chain-of-command. Upon receipt of the grievance, the Chief of Staff, Commander, Director, or Commisary Officer shall within ten (10) days render his decision in writing to the grievant and his/her NFFE Local 273 representative.

Failure to meet this deadline or if dissatisfied with the decision reached in step 3, the UNION may refer the grievance to arbitration. A request for arbitration shall be valid if signed by the NFFE Local 273 President or his/her designee.

31.2. UNION GRIEVANCE: A grievance by the NFFE may be brought within thirty (30) work days of an incident which gave rise to the grievance or within thirty (30) work days of the date NFFE became aware of the incident. A grievance concerning a continuing practice or condition may be brought at any time. This grievance will be filed in accordance with the above described procedure.

31.3. EMPLOYER GRIEVANCE: A grievance by the EMPLOYER may be brought against the UNION within thirty (30) work days of an incident which gave rise to the grievance. This grievance will be filed in writing to the NFFE Local 273 President. The UNION will render a written decision no later than ten (10) work days. If the EMPLOYER is dissatisfied with the decision, it may invoke arbitration in accordance with the provisions of Article 32 of this Agreement.

31.4. Grievances raised by an employee, the UNION, or the EMPLOYER may also involve a possible violation of Section 7116 of Title VII of the Act. In such cases, the aggrieved party may elect to grieve under the applicable grievance procedure or may elect to file an unfair labor practice complaint, but not both. 

32.1. RIGHT TO ARBITRATION: If the decision on a grievance processed under the negotiated grievance procedure is not satisfactory, the NFFE, or the EMPLOYER may refer the issue to arbitration. The notice referring an issue to arbitration must be in writing, signed by the Local UNION President, or the EMPLOYER and submitted within thirty (30) calendar days following the third step decision.

32.2. SELECTING THE ARBITRATOR: Within ten (10) work days from the date of receipt of a valid arbitration notice, the parties shall meet for the purpose of reaching an agreement on the selection of an arbitrator. If an agreement cannot be reached, either party shall immediately request the Federal Mediation and Conciliation Service to submit a list of seven (7) impartial persons qualified to act as arbitrators. A brief statement of the nature of the issues in dispute will accompany the request to enable the Service to submit the names of arbitrators qualified for the issues involved. The request shall also include a copy of the collective bargaining agreement. The parties shall meet within fifteen (15) work days after receipt of such list to select an arbitrator. If they cannot agree upon one (1) of the listed persons, the EMPLOYER and the NFFE will each strike one (1) arbitrator's name from the list of seven (7) and shall repeat this procedure until only one name remains. The remaining name shall be the duly selected arbitrator. The EMPLOYER shall strike the first name. The NFFE/EMPLOYER may withdraw the grievance any time prior to the actual convening of a hearing or submission of the case to the arbitrator.

32.3. The arbitrator's fee and necessary travel expenses will be SHARED equally by the EMPLOYER and the NFFE.

32.4. ARBITRATION PROCESS:

a. The process to be utilized by the arbitrator may be one of the following:

(1) A stipulation of facts to the arbitrator can be used when both parties agree to the facts at issue and a hearing would serve no purpose. In this case, all facts, data, documentation, etc., are jointly submitted to the arbitrator with a request for a decision based upon the facts presented.

(2) An arbitrator inquiry can be used when a formal hearing would serve no purpose. In this case, the arbitrator would make such inquiries as he or she deemed necessary (e.g., inspecting work sites, taking statements).

(3) A submission to arbitration hearing should be used when a formal hearing is necessary to develop and establish facts relevant to the issue. In this case, a formal hearing is convened and conducted by the arbitrator.

(4) A mini-arbitration may be used to expedite the resolution of the grievance. In this case, the arbitrator would make such inquiries as he or she deemed necessary, prepare a brief summary of the facts, and render an on-the spot decision without a written opinion.

b. The parties must mutually agree on a stipulation of facts to the arbitrator and may request inquiry, mini-arbitration, or hearing.

c. The parties may jointly direct the arbitrator to simplify or eliminate a written opinion when using the process in (1), (2), or (3) above.

d. The arbitration hearing or inquiry shall be held during the regular day shift work hours of the basic work week. A representative of the NFFE, the grievant's representative, the aggrieved employee, and employee (or NFFE) witnesses who are otherwise on duty shall be excused from duty for a reasonable amount of time as necessary to prepare for the arbitration proceedings and duty time necessary to participate in the proceedings without loss of pay, annual leave, or any other employee benefit. Participants on shifts other than the regular day shift will be temporarily placed on the regular day shift for the day(s)/week(s) of the hearing in which they are involved.

e. The arbitration hearing or meeting location will be provided by the EMPLOYER and agreed to by the UNION. The EMPLOYER will submit proposals for the hearing locations one (1) week after the date the hearing has been set. In the event that the parties cannot agree on a hearing location, the issue will be submitted to the arbitrator by conference call. The parties will abide by the arbitrator's decision as to the hearing location.

32.5. TIME LIMIT: The arbitrator will be told that, in order to fulfill the delegation to arbitrate, he/she must render a decision and remedy to the EMPLOYER and the NFFE as quickly as possible, but in any event no later than thirty (30) days after the conclusion of the hearing and/or submission of briefs, if any.

32.6. ARBITRATOR'S AUTHORITY: The arbitrator's decision(s) shall be final and binding, and the remedy shall be effected in its entirety unless exceptions are . filed IAW Section 32.8. of this Article.

32.7. ARBITRATOR'S AUTHORITY IN DISPUTES OVER THE AGREEMENT: The arbitrator shall have the authority to resolve any questions of arbitrability and interpret and define the explicit terms of this Agreement, agency policy, etc., as necessary to render a decision. The arbitrator shall have no authority to add to or modify any terms of this Agreement or agency policy.

32.8. EXCEPTIONS:

a. Either party may file an exception with the Federal Labor Relations Authority to the arbitrator's award. Such exception must be filed in accordance with Authority procedures. If no exception is filed, the arbitrator's decision and remedy shall be effected immediately.

b. Any issue of grievability or arbitrability will be decided as a threshold issue at the hearing on the merits (or other arbitration procedures as outlined above). 

33.1. UNION SPONSORED TRAINING SESSIONS: The EMPLOYER agrees to grant administrative leave to employees who are UNION officials and representatives for the purpose of attending UNION-sponsored training sessions provided the training is of concern to the employees in their capacities as UNION representatives. Administrative leave for this purpose will not exceed forty (40) hours for any employee within a twelve (12) month period beginning on the effective date of this Agreement, except the NFFE President who will be granted an additional forty (40) hours. A written request for administrative leave will be submitted at least two (2) weeks in advance by the UNION President to the Directorate of Civilian Personnel. The request will contain information about the duration, purpose, and nature of the training.

33.2. EMPLOYER/UNION-SPONSORED TRAINING SESSION: The EMPLOYER agrees to conduct joint Management-UNION training sessions on official duty time regarding the administration of this Agreement and activity policies affecting the working environment. Such training shall be primarily concerned with orienting and briefing UNION and Management officials and representatives on the requirements and administration of this Agreement and agency policies affecting the working environment. Commissioners of the Federal Mediation and Conciliation Service may be utilized to assist in these joint sessions.

33.3. OTHER TRAINING: UNION officials and representatives shall be authorized official time to attend EMPLOYER-sponsored training on Fort Sill of concern to NFFE in their capacity as UNION representatives. 

34.1. The parties agree a sound promotion program is essential to ensure that positions are filled by the best qualified candidates available to assure that all employees have an opportunity to develop and advance to the full potential according to their capabilities. The parties further agree that selection procedures must provide equal opportunity for advancement for all qualified employees. An official, in recommending or selecting candidates for promotion or in operating a promotion program, may not show or give preference to any candidate based upon facts not pertinent to the candidate's qualifications for performing work of a higher level, except as required by law. A supervisor or other official will not attempt to persuade a candidate, either directly or indirectly, to withdraw from competition.

34.2. Employees are selected for promotion on the basis of qualifications, performance, and potential. The EMPLOYER agrees to give first consideration to qualified applicants who are employees of Fort Sill, OK, when filling a vacant position. The UNION recognizes that the EMPLOYER may fill vacancies by methods other than promotion, such as appointment, reinstatement, reassignment or transfer. This may include persons from outside the Department of the Army who are eligible for excepted appointments, displaced employees on reemployment priority lists, applicants for transfer or reinstatement, or those on appropriate OPM registers when deemed appropriate to meet the requirements set forth in applicable regulations.

34.3. The EMPLOYER agrees to announce for a period of at least ten (10) days all vacancies and all newly created positions within the local bargaining unit or installation, with the exception of those listed in 34.2. of this Article, by posting a notice of such vacancies on all official bulletin boards. Such annodncements shall include a brief description of the duties of the position, the qualification requirements, the procedure to follow in applying, and the closing date, if applicable, for filing applications. A copy of the announcement will be provided to the NFFE at the time of posting.

34.4. When a position is to be filled under the provisions of the Merit Promotion Plan, it shall be fully identified as to grade, title, organizational location, and whether permanent or temporary. If a position is announced as temporary and the announcement does not state that it may become permanent, the position will be re-announced if it does become permanent.

34.5. Neither details nor the position classification process will be used to circumvent competitive in-service placement or promotion.

34.6. The qualification requirements and selective placement factors for positions to be filled through merit promotion procedures shall be fully relevant to such positions.

34.7. Ranking factors or special requirements shall not be altered for the purpose of tailoring a position to meet the qualifications of a particular individual.

34.8. Promotion procedures will apply to selection by transfer, reinstatement or reassignment to positions with known promotion potential if the target grade is higher than one previously held by the employee. ,

34.9. INTERVIEWS/SELECTION:

a. If any candidate is interviewed, all candidates on the promotion list shall be given an equal opportunity to be interviewed. When interviews of candidates on a promotion are held, a candidate's declination of an interview shall be documented on the promotion list. Telephone interviews are permitted when distance or other factors, such as leave, preclude personal interviews.

b. Employees selected will be released not later than the beginning of.the second full pay period after the losing organization is notified of the selection. In rare cases, the losing and gaining organizations may agree to extend this period not to exceed one additional pay period.

c. Employees selected shall be notified in writing.

d. Employees not selected will be notified in writing.

e. Upon request, the EMPLOYER will provide the following information to the employee and his/her representative:

(1) Who was selected for promotion.

(2) The selecting official's official reason for selection.

(3) Any records used in addition to the required SF-171 and KSAOs required by the Merit Promotion Plan.

f. Upon request, the NFFE Local 273 Union President or his/her designee will be permitted to examine all records used as a basis for ranking bargaining unit employees for promotions.

g. When an employee is notified to report for a job interview, the releasing supervisor may consider granting enough duty time for the employee if he/she desires to clean up, change clothes, and make himself/herself as presentable as possible. The EMPLOYER will make every reasonable effort to schedule appointments for interviews at least one (1) day prior to the appointment time.

34.10. DETAILS:

a. Manner: In the interest of effective employee utilization, details to positions or work assignments requiring higher or different skills will be based upon bona fide needs and will be consonant with the spirit and intent of this Article, applicable regulations, and the merit system.

b. Official Credit: All details in excess of thirty (30) days duration shall be recorded in the employee's official personnel folder, and copies of the record forwarded to the employee. Details for less than thirty (30) days may be placed in the employee's official personnel folder. Details shall be noted by the supervisor on the "Supervisor's Employee Record Card."

c. Selection for detail shall be based solely on bona fide need of management and the ability of the individuals.

d. Administrative details to perform duties of a higher level or in a different line of work shall be rotated to the fullest extent practicable.

34.11. TEMPORARY PROMOTION: An employee temporarily placed in a higher-graded position may be temporarily promoted and paid commensurate with the position from the first day of the new duties. Employees placed in higher-graded positions for more than sixty (60) days should be promoted to the higher grade. Employees in higher-graded positions in excess of one hundred twenty (120) days must be temporarily promoted.

a. Employees who are temporarily promoted must at least meet the minimum qualification standards and regulatory requirements for the higher position.

b. Temporary promotions may not be used for the purpose of training or evaluating employees in higher-graded positions.

c. Temporary promotions will be for a period of not less than thirty (30) days and no more than one (1) year on local authority.

d. Temporary promotions shall be rotated to the fullest extent practicable.

e. If the employee is promoted permanently, the step advance base date will be the same as the date of the temporary promotion assuming no break in service.

f. Employees temporarily promoted will continue to be eligible for within grade step increases in their permanent grade.

34.12. GS EMPLOYEE WITHIN GRADE INCREASE: 'Shall be awarded when the employee has:

a. Met the waiting period requirement.

b. Demonstrated an acceptable level of competence.

c. Not received an equivalent increase during the waiting period.

When the employee has met all of the above requirements and fails to receive his/her within grade increase due to oversight, error, or delay, the increase shall be granted retroactive to the date when due.

34.13. WAGE GRADE EMPLOYEE WITHIN GRADE INCREASE: Employees will automatically be advanced to the next higher rate of their grade provided:

a. They have met the required waiting period.

b. Performance is satisfactory.

c. They have not received an equivalent increase in pay during their waiting period.

When the employee has met all of the above requirements and fails to receive his/her within grade increase due to oversight, error, or delay, the increase shall be granted retroactive to the date when due.

35.1. The EMPLOYER agrees to provide a safe and healthful work place for all employees in accordance with applicable laws. All employees, supervisors, and management officials are responsible for prompt reporting of observed unsafe conditions.

35.2. No employee shall be required to work in circumstances where the employee reasonably believes that the duties required present an imminent risk of death or serious bodily harm and there is insufficient time within which to eliminate the hazard. Accordingly, all required protective equipment will be furnished by the EMPLOYER. Cleaning and repair of Government issue clothing and equipment shall be provided by the EMPLOYER. The EMPLOYER agrees that the NFFE may discuss and submit recommendations concerning the EMPLOYER-furnished equipment of this nature. Such recommendations will be reasonably considered by the EMPLOYER.

35.3. In the course of performing their normally assigned duties, unit employees and NFFE representatives will be alert to observe unsafe practices, equipment, and conditions in their immediate area which represent health or safety hazards. When unsafe or unhealthy conditions are observed by unit employees or NFFE representatives, they will report them to the supervisor of that immediate area. When such safety and health matters are of general interest, the NFFE may present the problem to the Installation Safety Specialist for consideration by the EMPLOYER for solution. If an employee reports an unsafe condition and the supervisor neither corrects the condition or reports it to higher authority, then the condition may be reported by the steward to the Installation Safety Office. It is further recognized that each employee has a primary responsibility for his own safety and obligation to know and observe safety rules and safe work practices. The EMPLOYER will welcome, at any time, suggestions which offer practical and economically feasible ways of improving safety. The EMPLOYER agrees that no discrimination or reprisal will be practiced as a result of an employee's reporting an unsafe practice or condition.

35.4. Whenever and wherever an Installation Safety Committee is established, the NFFE may appoint a NFFE representative to that committee. The NFFE representative will have the same full participatory rights and duties as other representatives and shall participate in the functions listed in Section 35.10. below. The NFFE representative will be offered the same training given to other unit safety representative's. The EMPLOYER agrees to consider the recommendations of the Safety Committee and within a reasonable time provide a written copy of the minutes of the meeting.

35.5. In the event of a known safety inspection by an OSHA inspector, NFFE will be notified and an employee member of the NFFE may accompany the inspector during the course of the inspection.

35.6. In the event of injury on the job, the EMPLOYER agrees to provide services at no cost to the employee at the local first aid station or the nearest military or civilian medical facility. The expense of providing medical care for employees injured on the job will be borne by the EMPLOYER to the extent provided by law and regulation. When required, transportation to an appropriate medical facility will be provided for injured or stricken employees by the EMPLOYER. Employees may select the medical facility of their choice for treatment.

35.7. Employees will have the right to notify the EMPLOYER, the NFFE, and OSHA, if necessary, to correct any dangerous, unsafe equipment, machinery, without harassment or discrimination. The EMPLOYER shall determine whether operations are hazardous and take prompt corrective action.

35.8. The procedures established in the Safety and Health Program shall not preclude the right of an employee to file a grievance.

35.9. The EMPLOYER agrees to compile and maintain a record of all accidents.

35.10. Included in the functions of the Safety Committee are:

a. To assist in implementing agency safety regulations under the Occupational Safety and Health Act of 1970 as prescribed in Executive Order 12196 and CFR 1960, Basic Program Elements of Federal Agency Occupational Safety and Health Programs.

b. To review applicable safety suggestions, serious lost time accidents or health hazards including reports and make recommendations as to the corrective measures that should be taken to eliminate such accidents in the future.

c. To promote health and safety education among the employees in the unit.

d. To meet at least quarterly or sooner or at the call of the chairman for the purpose of discussion and/or recommending measures for the elimination or control of conditions hazardous to the health and safety of the employees.

35.11. The NFFE member of the'-Installation Safety Committee shall be afforded time off from regular duty, without loss of pay or charge to leave, required for the purpose of performing such duties provided for in this Article.

35.12. Safety inspections shall be conducted regularly, as required by applicable regulations. A NFFE official may accompany the inspector.

35.13. When an employee reasonably believes that the performance of assigned tasks poses an imminent risk of.death or serious bodily harm, the employee shall notify his or her supervisor or other responsible official who shall make a determination as to the safety of the employee. Where such supervisor or official is not reasonably available and there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures as provided in appropriate regulations, the employee shall have the right to decline to perform those assigned tasks directly related to the perceived imminent hazard. In such a situation, the employee will immediately notify the immediate supervisor or other appropriate management official.

35.14. The EMPLOYER agrees to use every reasonable effort to ensure the supply and maintenance, on a regular basis, of an adequate number of fire extinguishers in all sections.

35.15. The NFFE shall, upon request, be provided a copy of Federal Occupational Injuries and Illnesses Survey (OSHA Form 012F), Department of Defense Consolidate, Report of Injuries and Property Damage, "Safety Notices" and safety newsletters, as filed or published.

35.16. HEALTH SERVICES AND PREVENTIVE MEDICINE: Since it is of infinite benefit to the EMPLOYER to have employees in top physical and mental condition, and Occupational Health Services and Preventive Medicine Program as provided for in 5 USC 7901, OMB Circular A-72, and FPM Chapter 792 shall be established and maintained by the EMPLOYER. Participation in this program shall be voluntary; however, both the EMPLOYER and the NFFE shall encourage employee participation in the program. Employees time spent for examinations will be charged to normal duty time. 

36.1. The EMPLOYER and the UNION recognize that alcoholism is a treatable illness and drug abuse is a treatable health problem. For purposes of this Article, alcoholism and drug abuse are defined as health problems in which the employee's job performance is impaired as a direct consequence of the use of the substances.

36.2. UNIT employees who suspect they may have an alcohol or drug abuse problem, even in the early stages, are encouraged by the EMPLOYER and UNION to voluntarily seek counseling from the Civilian Coordinator of the Employee Assistance Program. Such individuals will provide information regarding possible sources which are available to the employee concerning his problem.

36.3. The EMPLOYER agrees that no unit employee will have his job security or promotion opportunities jeopardized by making such a request for professional assistance or referral, except as limited by laws which relate to sensitive positions. The EMPLOYER further agrees that unit employees with problems of alcohol abuse or drug abuse will receive the same consideration and offer of assistance that is extended to other employees having any other illness or health problem.

36.4. Unit employees who are enrolled in the Employee Assistance Program will be granted accrued sick leave, annual leave, or leave without pay for the purpose of treatment or rehabilitation as with any other illness. However, continued use of leave for such purposes and its approval by the EMPLOYER is dependent upon periodic certification by an authority acceptable to the EMPLOYER that the employee is making satisfactory progress in the treatment and rehabilitation efforts.

36.5 Participation in the program shall not jeopardize an employee's job security, or his/her opportunity for promotion, except as related directly to sensitive positions (currently Title II, Section 20(c)(2) of P.L. 91-616) as long as the employee is making satisfactory progress in the program. 

37.1. The EMPLOYER will promptly notify the designated NFFE Local 273 when an official wage survey involving employees in the unit has been directed by higher authority.

37.2. Participation in wage survey. The NFFE will be represented on the survey team as long as they have the largest number of wage employees under the regular wage schedule under exclusive recognition in the wage area.

37.3. During full scale wage surveys, the involved labor representatives will be on official time for the duration of the survey. 

38.1. Good customer relations is an important ingredient in successful mission accomplishment at Fort Sill. To achieve a good customer opinion, the collective effort of all employees is essential. The UNION agrees to cooperate and assist management in promoting courtesy, tact, service, and friendliness among unit employees when dealing with the customer. 

39.1. The parties have a mutual obligation and a crucial role in the development and implementation of equal employment opportunity programs in accordance with Civil Rights Act of 1964, as amended, for unit members.

39.2. The parties agree to cooperate actively and positively in their efforts to carry out any such affirmative action plans or programs that may be developed to accomplish equal employment opportunity for all employees. 

40.1. Conservation of our natural resources (including energy) and environmental protection efforts are vital issues to all employees. The UNION shall assist the EMPLOYER in such efforts by encouraging unit members to: 1) cooperate with and participate to their fullest extent practicable in EMPLOYER initiated programs designed to conserve energy or preserve environmental conditions; 2) call to the attention of the EMPLOYER practices, policies, or conditions which contribute to waste or deterioration of our natural resources; 3) be alert to the possibility of other means of energy conservation or environmental protection other than those initiated by the EMPLOYER and submit suggestions on DA Form 1045 for possible post-wide adoption; and, 4) participate in any other such practice(s) within the employee's capabilities that he/she may be able to accomplish independently in order to conserve energy or protect and/or preserve environmental conditions. 

41.1. The attainment and maintenance of the highest standards of work performance, including quantity and quality, are essential to mission accomplishment. Toward this objective, the UNION agrees to assist the EMPLOYER by encouraging unit members to seek and achieve their highest potential and productivity in their particular employment situation. 

42.1. Recognizing the vitally important contribution suggestions make toward a better, more efficient, and less costly operation, the UNION shall fully support

the Army Suggestion Program as it is implemented in the unit. The UNION shall demonstrate this support by:

a. Designating a representative to participate, when requested by the chairman, in the deliberation of the Incentive Awards Committee with respect to program planning and evaluation.

b. Periodically and at least semiannually, publishing articles in the UNION newsletter promoting or explaining the program. 

43.1. The EMPLOYER and the NFFE agree to provide advance notification prior to filing an unfair labor practice charge. 

44.1. EFFECTIVE DATE AND TERM: The effective date of this agreement shall be the date it is approved by Headquarters, US Army Training and Doctrine Command (TRADOC) in accordance with the Federal Service Labor-Management Relations Statute. It shall remain in effect for three (3) years from the signing of this Agreement. The Agreement shall be renewed for an additional three (3) year period on each third anniversary date thereafter, unless between one hundred and five (105) and sixty (60) calendar days prior to any such date either party gives written notice to the other of its desire to amend or modify the Agreement. If such notice is given, this Agreement shall remain in full force and effect until the changes have been negotiated and approved.

44.2. AMENDMENTS AND SUPPLEMENTS: This Agreement may be amended and/or supplemented as follows:

a. At any time under the provisions of the articles entitled "Negotiations" and "NFFE Rights and Representation."

b. Within a reasonable time after the enactment of any new law or regulation of appropriate authority which affects the provisions of this Agreement. A proposal by either party to negotiate such amendment(s) or supplement(s) shall cite the pertinent law or regulation and the article(s) of this Agreement affected. When such proposal is submitted, representatives of the EMPLOYER and the NFFE shall meet within fifteen (15) calendar days to negotiate the requested amendment(s) or supplement(s).

44.3. REOPENER CLAUSE: Annually, within thirty (30) days prior to the anniversary date of this Agreement, either party may propose in writing to amend, delete, or modify up to three (3) articles. The parties shall meet and negotiate within three (3) weeks, unless they mutually agree otherwise. Any amendments, deletions, or modifications will be distributed to bargaining unit employees by the EMPLOYER.

44.4. EFFECTIVE DATE, AMENDMENTS AND SUPPLEMENTS: Amendments and supplemental agreements to this Agreement shall become effective on the date approved by Headquarters, TRADOC, in accordance with the Federal Service Labor-Management Relations Statute and shall remain effective concurrent with the basic Agreement. 

NEGOTIATION COMMITTEE 

 

FOR MANAGEMENT                                            FOR THE NFFE

_____________________                                _____________________
GREGORY KIRKWOOD,                                BRAN BRUCE,
Chief Spokesman                                                Chief Spokesman  

 

___________________________                            ___________________________
SHERMAN 0. AYERS, Member                             STANLEY J. DUNKLIN, Member  

 

___________________________                            ___________________________
ANDY N. STALDER, Member                                 HELEN L. DAY, Member  

 

 

 

In Witness Whereof, the Parties Hereto have Executed this Agreement. 
 

FOR USAFACFS, Fort Sill, OK                             For National Federation of Employees

___________________ _____                               ___________________ _____
FRED F. MARTY           Date                               BRAN BRUCE,              Date
Major General, USA                                             President, Local 273
Commanding

FOR USAMEDDAC, Fort Sill, OK                          For US Army Troop Support Agency
                                                                           Midwest Region, Fort Sill, OK

_______________________ _____                         ___________________ _____
JOSEPH T. ANDRONACO     Date                         DON BOGGS               Date
Colonel, MC                                                         Commissary Officer
Commanding

FOR USADENTAC, Fort Sill, OK                            For US Army Information Systems
                                                                           Command, Fort Sill, OK

___________________ _____                               ______________________ _____
CHARLES T. SMITH       Date                               ANDREW J. KEHOE, JR.    Date
Colonel, DC                                                         Director
Commanding

APPROVED:                           

__________________________________________             ______________
US ARMY TRAINING AND DOCTRINE COMMAND                    DATE             
DENNIS HERMANN                                            

  APPENDIX A 

OFFICAL TIME REQUEST
(FOR THE CONDUCT OF ALL REPRESENTATIONAL DUTIES)