COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
PREAMBLE........................................................... iv
ARTICLE 1 NATIONAL AGREEMENT.......................... 1
ARTICLE 2 AUTHORITY......................................... 1
ARTICLE 3 EXCLUSIVE RECOGNITION AND COVERAGE OF
THE AGREEMENT................................................... 1
ARTICLE 4 DATE AND DURATION OF AGREEMENT........ 2
ARTICLE 5 EMPLOYEE RIGHTS AND RESPONSIBILITIES
.. 4
ARTICLE 6 EMPLOYER-UNION RIGHTS AND
RESPONSIBILITIES..................................................
6
ARTICLE 7 LABOR MANAGEMENT LEADERSHIP COUNCIL 9
ARTICLE 8 LABOR-MANAGEMENT NEGOTIATING
PROCEDURES...................................... 10
ARTICLE 9 USE OF OFFICIAL FACILITIES.................. 11
ARTICLE
10 UNION REPRESENTATION AND OFFICIAL TIME 12
ARTICLE 11 VOLUNTARY
DEDUCTION OF UNION DUES.. 15
ARTICLE
12 DISTRIBUTION AND COMMUNICATION....... 16
ARTICLE 13 EMPLOYEE
DEBTS................................ 18
ARTICLE 14 EMPLOYEE
CLAIMS FOR PERSONAL PROPERTY DAMAGE 18
ARTICLE 15 FILLING
OF VACANCIES AND MERIT PROMOTION 18
ARTICLE 16 REASSIGNMENTS,
DETAILS AND TEMPORARY PROMOTIONS 25
ARTICLE 17 CAREER-LADDER
PROMOTIONS................ 26
ARTICLE 18 EMPLOYEE
EDUCATION, DEVELOPMENT AND TRAINING 27
ARTICLE 19 WITHIN-GRADE
INCREASES.................... 32
ARTICLE 20 POSITION
DESCRIPTION AND CLASSIFICATION.
36
ARTICLE 21 PERFORMANCE
APPRAISAL SYSTEM.......... 37
ARTICLE 22 EQUAL
EMPLOYMENT OPPORTUNITY......... 38
ARTICLE 23 REORGANIZATION................................ 38
ARTICLE 24 REDUCTION-IN-FORCE
AND
TRANSFER OF FUNCTION
PROCEDURES.. 39
ARTICLE 25 EMPLOYEE
PERSONNEL FILES.................. 44
ARTICLE 26 SAFETY
AND HEALTH............................ 47
ARTICLE 27 ON-THE-JOB
INJURY............................. 49
ARTICLE 28 LEAVE.............................................. 51
ARTICLE 29 PART-TIME
CAREER EMPLOYMENT PROGRAM 58
ARTICLE 30 HOURS
OF WORK................................. 58
ARTICLE 31 OVERTIME......................................... 61
ARTICLE 32 REST
PERIODS.................................... 62
ARTICLE 33 TRAVEL............................................. 62
ARTICLE 34 TELECOMMUTING
PROGRAM.................. 64
ARTICLE 35 CHARITY
DRIVES................................. 68
ARTICLE 36 EATING
FACILITIES.............................. 69
ARTICLE 37 AUTO
PARKING, BICYCLE RACKS, AND TRANSIT SUBSIDIES............................................... 69
ARTICLE 38 DISCIPLINARY
ACTION........................... 70
ARTICLE 39 ADVERSE
ACTION................................ 70
ARTICLE 40 REDUCTION-IN-GRADE
AND REMOVALS
BASED ON UNACCEPTABLE
PERFORMANCE 72
ARTICLE 41 NEGOTIATED
GRIEVANCE PROCEDURES..... 75
ARTICLE 42 ARBITRATION..................................... 80
ARTICLE
43 OUTSIDE EMPLOYMENT AND ACTIVITIES..... 83
ARTICLE
44 ELECTRONIC MONITORING..................... 85
ARTICLE 45 SPECIAL
SKILLS.................................... 85
ARTICLE 46 OUTSOURCING..................................... 85
ARTICLE 47 ALTERNATIVE
DISPUTE RESOLUTION ......... 86
APPENDIX
I......................................................... A1
Preamble
WHEREAS the Congress of the United States has found that the
right of public employees to organize, bargain collectively and participate
through labor organizations of their own choosing in decisions which affect
them, safeguards the public interest, contributes to the effective conduct of
public business and facilitates and encourages the amicable settlement of
disputes between employees and their employers involving conditions of
employment; and
WHEREAS the public interest demands the highest standards of
employee and EMPLOYER performance and the continued development and
implementation of modern and progressive work practices to facilitate and
improve employee/employer performance and the efficient accomplishment of the
operations of the Government; and
WHEREAS the well being of employees and efficient administration
of the Equal Employment Opportunity Commission (EEOC) are benefitted when
employees, through the labor organizations of their choice, and employers
participate jointly in the formulation and implementation of personnel
policies and practices affecting employee conditions of employment; and
WHEREAS the public interest is best served through the
maintenance of constructive and cooperative relationships that are based on
mutual respect between labor organizations and management officials; and
WHEREAS subject to law and the paramount requirements of
public service, effective labor management relations within the Federal service
require a clear statement of respective rights and obligations of all Parties;
NOW, THEREFORE, consistent with the requirements of the
Civil Service Reform Act (CSRA) by virtue of the following, the Parties have
set forth their agreements governing the rights, duties and obligations of the
EEOC, the UNION and EEOC employees.
Article 1.00 National Agreement
It is agreed that this National Agreement and any Local
Agreements as may be executed hereunder from time to time constitute a
Collective Bargaining Agreement (CBA) by and between the National Council of
EEOC Locals No. 216, American Federation of Government Employees, AFL‑CIO,
consisting of its affiliate Locals, hereinafter referred to as the UNION, and
the U.S. Equal Employment Opportunity Commission, hereinafter referred to as
the EMPLOYER, pursuant to the letter and spirit of Public Law 95‑454,
dated October 13, 1978, otherwise identified as Title VII of Civil Service
Reform Act of 1978, 5 U.S.C. §§ 7101 et seq. (CSRA).
Article 2.00 Authority
The Parties enter into this Agreement under the authority
granted in Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. §§ 7101 et
seq., and the Certification of Representative in Case No. 22-07926 (RO),
dated April 20, 1978, from the Area Administrator, Labor Management Services
Administration, Washington, D.C. Office.
As certified, the UNION has the sole authority and is the exclusive
representative of all EEOC bargaining unit employees nationwide.
Article
3.00 Exclusive Recognition and
Coverage of the Agreement
Section 3.01
The EMPLOYER recognizes the UNION, consisting of its affiliate Locals, as
the exclusive representative of all employees in the unit as defined in Section
3.02 of this Article. As long as the
UNION is the sole and exclusive representative, the EMPLOYER agrees that it
will not meet or negotiate with any other employee organization or association
concerning any matters affecting personnel policies, practices, or terms and
conditions of employment.
Section 3.02
This Agreement applies to all employees in the unit, which includes all
professional and nonprofessional general schedule employees, including Schedule
A and wage employees of the U.S. Equal Employment Opportunity Commission
nationwide. Excluded are all:
(a)
management officials as defined in 5 U.S.C. § 7103(a)(11);
(b) supervisors as defined in 5 U.S.C. §
7103(a)(10);
(c) confidential employees as defined in 5
U.S.C. § 7103(a)(13);
(d) employees engaged in administering Title
VII of the CSRA, as stated in 5 U.S.C. § 7112(c);
(e) employees engaged in Federal personnel
work other than in a purely clerical capacity in accordance with 5 U.S.C. §
7112(b)(3); and
(f) employees as defined in 5 U.S.C. §
7112(b)(7), whose duties primarily involve investigative or audit functions
(directly relating to the internal security of the Agency) which are undertaken
to ensure that those who are being investigated or audited are acting honestly
and with integrity.
Section 3.03
Certain provisions of this Agreement do not apply to all bargaining unit
employees, as specifically denoted throughout the Agreement in those provisions.
Section 3.04
If the EMPLOYER makes the decision to exclude any position from the
existing bargaining unit other than those defined in Section 3.02 above, it
must notify the UNION in writing as
soon as the decision is made.
Section 4.00 Date
and Duration of Agreement
Section 4.01
This Agreement shall take effect on September 2, 2002.
Section 4.02
The EMPLOYER and the UNION agree that this Agreement shall serve as the
Master Agreement between the Parties for all EEOC facilities. Local Agreements may be negotiated between
the District Office or Headquarters Office(s) and their respective Local and
shall cover all employees in the bargaining unit at the facility or office
covered. Local negotiations shall be
conducted for those issues which only affect one (1) District Office (including
Area and Local Offices) or one (1) Headquarters Office. Issues which affect only the Washington
Field Office will be negotiated by the Field Office Director and the appropriate
Local President. District Office
Directors and Local Presidents are encouraged to use creativity and innovation
to minimize such expenses. District
Office Directors may, at their option, elect to pay all, part or none of the
UNION expenses incurred for Local negotiations.
Local Agreements shall not delete, be in conflict with, or
otherwise nullify any provision, policy or procedure in this Agreement or any
government-wide or Agency-wide rule, regulation or procedure. All Local Agreements shall be subject to the
terms and enforceability of this Agreement, but shall not be effective until
reviewed for conformity with this Agreement, the law and regulations by EEOC
and the National Council of EEOC Locals No. 216. This review, and if necessary any modifications, shall be
completed within 30 calendar days of submission.
National negotiations shall be conducted for those issues
which affect more than one District Office and/or Headquarters Office or which
involve reorganizations, reductions-in-force, furloughs, freezes on hiring and
promotion or changes concerning the elements and standards of the Agency's
performance appraisal system.
Section 4.03
This Agreement shall remain in effect for three (3) years from its
effective date. It shall be
automatically extended for one (1) year unless terminated by either Party
giving the other a written notice of its intention to terminate this Agreement
in whole or in part no less than 60 nor more than 105 calendar days prior to
its expiration date. The Parties
expressly agree that the statutory procedures provided at 5 U.S.C. §7119 shall
be used to resolve any dispute concerning the negotiation of ground rules,
irrespective of any notice to abrogate Article 8.00 or notice to terminate the
Collective Bargaining Agreement.
Within 90 days from the effective date of this CBA, the
Director, Office of Human Resources (OHR) and the National Council President
(or their designees) shall meet and jointly review all national MOUs and local
MOUs and agreements negotiated prior to January 1, 2002 to determine whether
these agreements are consistent with the terms of this CBA. Within 90 days following the completion, the
Director, OHR and the National Council President will issue determinations to
local UNIONs and Field offices regarding the approval of reviewed
agreements. National
and local agreements and MOUs determined to be not consistent with this CBA
will be required to be modified or rescinded within 30 days of the
determination issued by the Director, OHR and the National Council President.
Section 4.04
In the event that a Party decides to terminate this Agreement as
provided for in Section 4.03, the following procedures shall apply:
(a)
Within 10 work days of notification, the Parties shall meet to
negotiate ground rules for renegotiation of the CBA. The time limit may be extended by mutual consent of the Parties.
(b)
Ground rule negotiations shall be held at a site agreed upon
by both Parties.
(a)
Each Party will designate a Chief Negotiator who will have appropriate
collective bargaining authority.
Section 4.05
The provisions of this Agreement shall remain in full force and effect
and unchanged, except in instances where the Parties mutually agree to amend,
supplement or rescind provisions or in instances where regulation, law or
provisions of this Agreement necessitate or authorize modification.
Section 4.06
Upon the expiration of this Agreement, the EMPLOYER shall be free to
modify its personnel policies, practices and general conditions of employment
in accordance with Title VII of the Civil Service Reform Act, to conform to
changes in government‑wide rules or regulations that occurred during the
contract term.
Section 4.07
The EMPLOYER and the UNION recognize that an effective relationship
between the Parties requires the Parties to meet as mutually agreed and to
discuss various issues or problems without surrendering or abrogating their
respective rights guaranteed by this Agreement or Title VII of the Civil
Service Reform Act of 1978. Any waiver
of rights by either Party, and/or any waiver or amendment to this Agreement,
must be in writing and must be a clear and unmistakable waiver.
Article 5.00 Employee
Rights and Responsibilities
Section 5.01
All employees shall have employment rights consistent with the merit
system principles set forth in 5 U.S.C. §§ 2301-2302.
Section 5.02
Each employee shall have the right to form, join or assist any labor
organization or to refrain from such activity, freely and without fear of
penalty or reprisal, and each employee shall be protected in the exercise of
this right. Such right includes the
right to:
(a) act for a labor organization in the
capacity of a duly authorized representative; and
(b)
through authorized representatives or
officers, engage in collective bargaining in accordance with the provisions of
the law and this Agreement.
Section 5.03
Employees may join and participate in any organizations or associations,
without fear of penalty or reprisal, and be active therein provided such
participation is not prohibited by law or government-wide rules or regulations
or does not create or give the appearance of a conflict of interest.
Section 5.04
(a) Bargaining
unit employees have the right to UNION representation at:
(1)
any formal discussion between one or more representatives of
the EMPLOYER and one or more employees concerning any grievance or any
personnel policy or practice or other general condition of employment; or
(2)
any examination of an employee in the unit by a representative
of the EMPLOYER in connection with an investigation if:
(A) the employee reasonably believes that the
meeting may result in disciplinary action against the employee; and
(B) the employee requests UNION representation.
Further examination of the employee
at that meeting shall be suspended until a UNION Representative is given an
opportunity to be present.
(b) The EMPLOYER shall inform its employees
annually of their rights under this Section and provide copies of the notice to
new employees upon entering on duty.
Section 5.05
Upon request from either Party, the employee or the EMPLOYER has the
right to be informed of pending subjects of discussion between them.
Section 5.06 Each
employee shall have the right to bring work-related matters of personal concern
to the attention of appropriate officials of the EMPLOYER and/or the
UNION. The Parties agree an employee
will be granted a reasonable amount of official duty time for these
purposes. The Parties further agree
that supervisory clearance will be obtained and that such official duty time
will not be abused. The employee should
schedule such meetings for times which do not unduly interfere with essential
Agency functions.
Section 5.07
The employee has the right to request a UNION Representative to attend
meetings with, or to represent the employee before, the EMPLOYER whenever the
discussion involves a subject matter for which a contractual, regulatory or
statutory right for UNION representation exists. The UNION shall be given an opportunity to be present.
Section 5.08
The EMPLOYER and the UNION agree to foster a work environment which is
conducive to good Employer-Employee working relationships.
The prompt, orderly discussion and resolution of
work-related problems are important facets of such working relationships. Therefore, when such problems and concerns
arise, an employee is both free and encouraged to promptly discuss them with
his/her immediate supervisor.
Section 5.09
No employee shall be required to disclose his/her religion, race, ethnic
group, sexual orientation, age, disability or political affiliation, except as
may be required in accordance with law.
Section 5.10
The EMPLOYER recognizes that employees should have appropriate
workspace, tools and equipment to perform the duties of their positions. The EMPLOYER will work diligently to provide
these things in a reasonable period of time.
Section 5.11 This Agreement and its provisions may not preclude an employee
from exercising other grievance or appeal rights established by law, rule or
regulation, except an employee waives such rights by election of the negotiated
grievance procedure. Employees shall
have the right to exercise any and all rights established by the provisions of
this Agreement, law, rules and/or regulations without reprisal or fear
thereof. The proper exercise of
employee rights under this Agreement includes the requirement to follow the
procedures established herein.
Employees are expected to follow the procedures of applicable law, rules
and regulations.
Article 6.00 EMPLOYER-UNION
Rights and Responsibilities
Section 6.01
(a) The EMPLOYER and the UNION subscribe to
the principle that the right of employees to organize and bargain collectively
through the UNION and thereby participate in decisions which exclusively affect
them, serves to:
(1)
safeguard the public interest;
(2) contribute to the effective conduct of
public business;
(3) facilitate and encourage the amicable
settlement of disputes between the EMPLOYER and its employees;
(4) contribute to the development of modern
and progressive work practices to facilitate and improve employee performance
and the efficient management of the operations of the Government; and
(5) create positive labor-management
relationships which balance and protect the rights of the employees, the
EMPLOYER and the UNION.
Therefore, collective bargaining is in the public interest
and will serve the good of creating a more harmonious workplace.
(b) The Parties subscribe to the principle
that the rights and reservations described by this Agreement vest each with
the corresponding obligation to
exercise its respective rights and responsibilities in a manner which promotes
these goals. The EMPLOYER, the UNION
and its Representatives, consonant with the provisions of this Agreement,
pledge to work together harmoniously to pursue these goals.
Section 6.02
The Parties recognize that the right of Federal employees to bargain
collectively through the UNION, as described in the provisions of this
Agreement, is also subject to limitations imposed on both Parties by statute
which reserves to the EMPLOYER, consistent with applicable law, rules and
regulations and this Agreement, the right and authority to:
(a) determine the mission, budget,
organization, number of employees and internal security practices of the
Agency;
(b) hire, assign, direct, lay off and retain
employees in the Agency, or suspend, remove, reduce in grade or pay, or take
other disciplinary actions against such employees;
(c) assign work, make determinations with
respect to contracting out and determine the personnel by which Agency
operations shall be conducted;
(d) with respect to filling positions, to make
selections for appointments from:
(1) among properly ranked and certified
candidates for promotions, or
(2) any other appropriate source;
(e) take whatever actions may be necessary to
carry out the Agency mission during emergencies;
(f) determine numbers, types and grades of
employees or positions assigned to any organizational subdivision, work project
or tour of duty; and
(g) determine the technology, methods and means
of performing work.
Section 6.03
Nothing in this Article shall preclude the EMPLOYER and the UNION from
negotiating procedures which Management Officials of the Agency will observe in
exercising any authority under this Article, or appropriate arrangements for
employees adversely affected by the exercise of any authority under this
Article.
Section 6.04
Any election by the EMPLOYER to discuss a subject referred to in Section
6.02(f) and (g) shall not be a waiver of its rights as stated in Section
6.02. Moreover, the EMPLOYER expressly
reserves the right to withdraw any subject referred to in Section 6.02 from
discussion any time prior to agreement.
Section 6.05 The UNION and its designated Representative
have the right, and shall be protected in the exercise of the right consistent
with the provisions of the law and this Agreement, to:
(a) engage in collective bargaining;
(b) handle grievances and appeals;
(c) represent employees by being afforded the
opportunity to be present at:
(1) any formal discussion between one or more
representatives of the Agency and one or more employees in the bargaining unit
or their representatives concerning any grievance or any personnel policy or
practice or other general condition of employment, or
(2) any examination of an employee in the
bargaining unit by a representative of the Agency in connection with an
investigation if:
(A) the employee reasonably believes that
examination may result in disciplinary action against the employee, and
(B) the employee requests representation.
Section 6.06
The EMPLOYER recognizes that in the lawful exercise of representational
rights in accordance with statute and the terms and conditions of this
Agreement, the UNION and its Officials shall be held free from penalty,
restraint, retaliation or reprisal.
Section 6.07
The UNION and EMPLOYER further agree that their mutual and respective
obligations to honor the terms and conditions of this Agreement include the obligation
to fairly and factually represent and advise employees and managers as to their
rights and responsibilities under this Agreement, statute or regulation.
Where disputes arise concerning the interpretation or
application of this Agreement or of applicable law or regulation, or a breach
thereof is alleged to have occurred, the Parties agree to discuss the
allegations and attempt informal resolution before statutory recourse of any
kind is invoked.
Section 6.08
The EMPLOYER agrees to notify the UNION, as appropriate, of any proposed
new directives, notices, orders, regulations or rules affecting conditions of
employment in the bargaining unit.
Prior to implementation of proposals, the EMPLOYER and the UNION shall
meet and confer, as appropriate, in accordance with the procedures established
in Article 8.00, Labor-Management Negotiating Procedures. The EMPLOYER agrees not to make any substantive
changes to any existing directives, orders, notices, regulations or rules
affecting conditions of employment without notification to the UNION. Prior to implementation of changes, the
EMPLOYER and UNION shall meet and confer on the changes, as appropriate, in
accordance with the procedures established in Article 8.00, Labor-Management
Negotiating Procedures.
Section 6.09
The UNION agrees not to interfere with the EMPLOYER's operation by
calling, participating in or condoning activities such as a strike, work
stoppage, slowdown or unlawful picketing in connection with a labor-management
dispute or hindering an employee's work performance or productivity.
Section 6.10
In exercising their respective rights or in fulfilling their respective
obligations, the EMPLOYER and the UNION pledge to do so in a manner which:
(a) fosters a spirit of labor-management
cooperation and mutual respect;
(b) recognizes the obligation as civil
servants to prudently, judiciously, efficiently and with due regard to the need
for economy, exercise the representational or managerial rights assigned
herein;
(c) promotes effective and informed
communication between supervisor and employees, which is essential to improve
the Agency mission, develop human resources, enhance job satisfaction and
promote amicable dispute resolution; and
(d) is consistent with the procedures,
processes and provisions set out in the specific Articles of this Agreement.
Section 6.11
Upon written request, the EMPLOYER shall furnish to the UNION, to the
extent not prohibited by law, data which is normally maintained by the EMPLOYER
in the regular course of business; which is reasonably available and necessary
for full and proper discussion, understanding and negotiation of subjects
within the scope of collective bargaining; and which does not constitute
guidance, advice, counsel or training provided for Management Officials or
supervisors relating to collective bargaining.
Section 6.12
In keeping with the spirit of Public Employee Recognition during the
month of May, managers and Local UNION officials are encouraged to recognize the
achievements of our workforce. The
EMPLOYER will make available a room at all of its facilities for use by the
UNION to conduct recognition activities.
Additionally, the EMPLOYER will provide all bargaining unit employees
with one (1) hour of administrative leave to participate in organized
recognition activities.
Article
7.00 Labor Management Leadership
Council
Section 7.01
The Parties acknowledge their mutual responsibility to work together to
make the agency a model workplace. The
Parties believe this can be best accomplished through the exchange of views on
matters addressing conditions of employment to enhance the Agency's efficiency
so that it successfully carries out its mission.
Section 7.02 The Parties agree to develop a spirit of mutual trust and respect
by supporting cooperative participation at the National level through a Labor
Management Leadership Council. This
Council will meet twice a year to discuss issues or problems without
surrendering or abrogating their respective rights guaranteed by this Agreement
or Title VII of the Civil Service Reform Act of 1978. Meetings held under this Section are appropriate for negotiating
issues of mutual concern and resolving issues of contract administration. The Parties may meet more frequently under
this Article by mutual agreement and as needed.
Section 7.03
Such Council meetings shall be scheduled at mutually agreeable
times. To facilitate the discussion and
operation of the Council, either party may exchange agenda items no later than
ten (10) workdays prior to the meeting, except by mutual agreement.
Section 7.04
The Council shall be composed of an equal number of members representing
the UNION and the EMPLOYER.
Specifically, there will be four (4) members on each side, four (4)
appointed by the Chair and four (4) appointed by the National Council
President.
Section 7.05
The EMPLOYER agrees to pay travel and per diem for two (2) UNION
members.
Article 8.00 Labor-Management
Negotiating Procedures
Section 8.01
This Collective Bargaining Agreement represents the full and complete
agreement between the Parties. The
UNION and the EMPLOYER agree to be bound by the terms of this Agreement without
regard to geographical location or organizational component.
Section 8.02
Agency rules, regulations, orders or other directives which are
inconsistent with this Agreement are modified and/or superseded as of the
effective date of this Agreement, until amended by the EMPLOYER to conform to
this Agreement.
Section 8.03
The Parties agree to negotiate, as appropriate, with respect to the
impact and implementation of changes which would substantively alter conditions
of employment resulting from:
(a) changes in law, government-wide rules and
regulations or other formal directives to which the EEOC is subject;
(b) changes in formal EEOC directives,
regulations or orders;
(c) changes resulting from the exercise of
rights reserved to Management; or
(d) matters specifically designated for negotiation
in other Articles of this Agreement.
Section 8.04
When there is an obligation to negotiate as a result of the matters
listed in Section 8.03, the Parties agree that the procedures set forth in this
Article shall constitute the sole procedure for such negotiations. Time frames within this Article may be
waived by mutual consent of the Parties.
Section 8.05 Procedures
for Negotiation
The Parties agree that the process cited below shall not be
necessary if prior agreement is reached in consultation sessions.
(a) The EMPLOYER shall notify the UNION in a
timely manner, in writing, of proposed changes as specified in Section
8.03. The EMPLOYER shall also inform
the UNION of the proposed implementation date, the manner of implementation and
schedule, if any.
(b) If the UNION wishes to negotiate on the
proposed changes, it shall notify the EMPLOYER of the UNION's specific concerns
within 10 work days following notification by forwarding written proposals on
all matters it wishes to discuss further or negotiate. The time limits herein may be extended
(e.g., for proposed reductions-in-force or reorganization, etc.) by mutual
agreement.
(c) If a negotiating session is requested and
such a meeting is scheduled, the EMPLOYER shall pay the travel and per diem of
one (1) UNION negotiator.
(d) Agreements and understandings reached in
these discussions shall, at the request of either Party, be promptly reduced to
writing and signed by both Parties.
Such agreements or understandings shall conclude discussions on such
matters as have been agreed to by the Parties.
(e) If, after discussion of the proposals,
agreement cannot be reached, either Party may inform the other Party in writing
that it is initiating the statutory procedures provided at 5 U.S.C. §7119 and
its implementing regulations.
Section 8.06 Local
Negotiation Procedures
For Local negotiation disputes, the UNION shall proceed under
the statutory procedures provided at 5 U.S.C. §7119 and its implementing
regulations.
Article 9.00 Use
of Official Facilities
Section 9.01
The EMPLOYER will make appropriate space available in each EMPLOYER
facility for confidential employee-UNION consultation, upon request by the
UNION as the need arises.
Section 9.02
Upon written request by the UNION, the EMPLOYER shall make available to
the UNION, where possible, appropriate space for representational meetings with
the employees involved, on an as needed basis.
Such requests shall be made as far in advance as possible. The Parties agree that such requests and the
duration of such meetings will be kept to a minimum.
Section 9.03
The EMPLOYER will make appropriate space available in each EMPLOYER
facility for the purpose of UNION meetings upon request by the Local UNION, but
normally not more than once each month.
The UNION will inform the EMPLOYER in advance of its desire for
space. The UNION agrees to exercise
reasonable care in using such space and will leave it in the same condition as
it was found. Employees attending
meetings under this Section will do so only during non-duty hours or while they
are in a leave status.
Section 9.04
The EMPLOYER will provide the UNION with private secured space at the
Headquarters of the Council and at each facility to which a Local President is
assigned. Should any Agency facility
housing such space be relocated during the period of this Agreement, the
EMPLOYER agrees to include a request for UNION office space in its space
request to the General Services Administration.
Section 9.05
At those Agency facilities housing the Headquarters of the Council and
each Local, the EMPLOYER shall provide the UNION with space, furniture, file
cabinets, a telephone and equipment for use by the UNION in performing its
duties.
UNION Representatives shall be permitted to use the Agency's
facsimile equipment, computers (including
printers), Personnet, E-mail,
voicemail, BBS, WESTLAW or Lexis, copiers and the internal mail system
when necessary in conducting labor-management activities. UNION Representatives shall notify the
appropriate Management Official to obtain prior authorization before using the Agency's
equipment. The UNION agrees that
WESTLAW/Lexis usage will be limited to a reasonable number of hours during the
fiscal year.
The UNION agrees that it will not use the Agency's equipment
to conduct any internal UNION business.
Section 9.06
The EMPLOYER agrees to make reasonable efforts to ensure that mail,
messages, communications, documents, packages or other articles addressed or
forwarded to the UNION or a UNION Representative are delivered without being
opened. Such UNION mail, messages,
communications, documents, packages or other articles must be clearly
identifiable or marked "Addressee Only."
Article
10.00 UNION Representation and
Official Time
Section 10.01 The EMPLOYER shall recognize and grant
official time to all Representatives who have been properly designated by the
UNION.
(a)
UNION Representative shall mean any bargaining unit employee
properly designated under this section by the UNION to receive reasonable
official time to act as an agent for the UNION.
(b)
Notification of designation must be sent to the Director,
Partnership, Policy & Workforce Performance Team. The UNION shall
specifically designate and name annually on or before October 31, the below
listed UNION Representatives:
- four (4) National
Representatives to exclusively perform representational activities;
- one (1) Local Representative for
each District Office;
- one (1) Local Representative for
the Washington Field Office;
- one (1) Local Representative for
each Area Office;
- one (1) Local Representative for
each Local Office;
- six (6) Representatives at
Headquarters;
- eight (8) Local Presidents; and
- one (1) additional
Representative for each Local UNION.
The UNION may designate an
alternate for each District, Area, Local and Field Office and two (2)
alternates for Headquarters to act in the absence or unavailability of the
Local Representative. The alternate may
not serve concurrently while the representative is on official time except in
cases of immediate emergency. In case
of a dispute, the procedures in Article 10.04(c) shall be utilized for this
purpose.
(c) When a change of Representative becomes necessary, an e-mail
notice to the Director, Partnership, Policy & Workforce Performance Team
will suffice for immediate designation.
A copy of the e-mail will also be sent to the appropriate Headquarters
or Field director. The UNION will
follow-up by written confirmation post marked within five (5) work days of the
transmission of the e-mail.
Delay in receipt of the mail confirmation will not adversely affect
the e-mail designation. Failure to designate a representative by
e-mail will result in the denial of official time. Where it becomes necessary to designate a UNION Representative
orally, the UNION shall notify the Director, Partnership, Policy &
Workforce Performance Team and shall confirm the designation in writing as set
forth in this paragraph.
Section 10.02
(a)
Official time for representational duties shall be taken into
account in making work assignments to UNION Representatives. Ordinary workload will not preclude the
authorization of official time. If
official time clearance cannot be granted, the EMPLOYER shall provide the
reason(s) for denial and the approximate date and time that it will be
approved.
(b)
EMPLOYER evaluations of UNION Representatives must be based
upon actual time spent on their officially assigned work, adjusting standards
accordingly.
(c) Employees who exclusively perform
representational activities shall be presumed to be performing at an acceptable
level of competence for within-grade increases.
Section 10.03
(a) Official time under this Article shall
only be used to perform representational duties, and statutory functions. Upon the effective date of this Agreement,
the EMPLOYER agrees to authorize the use of reasonable official time for UNION
Representatives to carry out duties authorized by the Civil Service Reform Act
of 1978 and this Agreement.
(b) Representational functions shall not be
performed by UNION Representatives during periods when they are working
overtime except in those instances where incidents occur during periods of
overtime work that require the immediate attention of the UNION Representative.
Section 10.04
(a) UNION Representatives requesting clearance
for the use of official time shall complete the appropriate portion of EEOC
Form 551, Labor-Management Accountability Form, and submit it to their immediate
supervisor or in his/her absence, to an appropriate Management Official, prior
to using any official time. Upon return
to his/her work station, the UNION Representative shall advise the immediate
supervisor or in his/her absence, an appropriate Management Official, of
his/her return and complete all additional portions of EEOC Form 551. Denials of official time shall be documented
on EEOC Form 551. UNION Representatives will not be granted official time if they
fail to complete and submit the Form 551 to their immediate supervisor or in
his/ her absence, an appropriate Management Official.
(b) To assist the EMPLOYER in planning work
assignments, the UNION Representative will determine with his/her immediate
supervisor, a week ahead of time, the approximate number of hours in the next
bi-weekly period that will be necessary to perform appropriate representational
functions, in accordance with the provisions of Section 10.04(a).
(c) Any disputes regarding clearance for
official time or the proper use of official time which cannot be resolved
locally, may be referred to the Local President. If the dispute is not resolved by the Local President and the
Office Director (Headquarters) or the District Director (Field office), the matter
shall be referred to the Director,
Partnership, Policy & Workforce Performance Team and the National
Council President for resolution, or may be challenged pursuant to the parties'
negotiated grievance procedure or other appropriate third party procedure.
(d) UNION Representatives using official time
to answer or place labor-management related phone calls, etc., at their work
stations shall on a daily basis complete EEOC Form 551 to reflect this time and
submit it to the immediate supervisor at the end of the two week period. UNION Representatives will not be granted
official time if they fail to complete and submit Form 551 to their immediate
supervisor or in his/her absence, an appropriate Management Official.
(e) The EMPLOYER and UNION will negotiate and
develop a user friendly, electronic system for tracking the use of official
time.
Section 10.05
Where an office has been assigned to the UNION in accordance with
Article 9.00, Use of Official Facilities, all UNION activities shall be
performed within the assigned space, unless specifically invited by the
EMPLOYER to a manager's office, or where the UNION and the EMPLOYER agree
otherwise. However, UNION
Representatives may use minimal amounts of official time at their work station
for phone calls, making appointments, etc.
Article
11.00 Voluntary Deduction of
UNION Dues
Section 11.01 Payroll
deductions for the payment of UNION dues shall be made from the pay of
employees who voluntarily request such dues deduction.
Section 11.02 Employees
desiring to have UNION dues deducted from their pay may at any time complete
and sign the appropriate portions of AFGE Form 1187, Request and Authorization
for Voluntary Allotment of Compensation for Payment of Employee Organization
Dues. Section A of the form shall be
completed and certified by the President or Treasurer of each Local who shall
forward or deliver it to the American Federation of Government Employees.
Section 11.03 Authorized
deductions will be made each bi-weekly pay period from the pay of an employee
who has requested such allotment for dues in accordance with this
Agreement. It is understood that no
deduction for dues will be made by the EMPLOYER in any period for which
the employee's net earnings, after other deductions, are
insufficient to cover the full amount of the allotment for dues.
Section 11.04 No
fee will be charged by the EMPLOYER for services rendered in connection with
the dues withholding program.
Section 11.05 Employees
shall be entitled to revoke UNION membership once annually, on the anniversary
date of their initial membership. An
employee who has authorized the withholding of UNION dues may request
revocation of such authorization by completion and submission to the Treasurer
of the Local UNION, or its designee, of a Standard Form 1188, Revocation of
Voluntary Authorization for Allotment of Compensation for Payment of Labor
Organization Dues, normally 60 calendar days but no later than 30 calendar days
prior to his/her anniversary date. The
EMPLOYER shall promptly forward to the UNION any revocations received directly
from employees.
Section 11.06 The
UNION shall be responsible for ensuring that Standard Form 1187 is made
available to its members and shall ensure that the forms are promptly completed
and certified. The UNION recognizes its
responsibility for assuring that its members are fully informed and educated
concerning the program for payroll deduction of employee organization dues, its
voluntary nature and the uses and availability of the required forms.
Section 11.07 All
deductions of UNION dues provided for in this Article shall be automatically
terminated in the event of loss of exclusive recognition by the UNION. Any individual allotment for dues
withholding shall also be automatically terminated upon separation of the
employee from the Agency, promotion or reassignment of the employee to a
position outside of the bargaining unit or upon the suspension or expulsion of
the employee from membership in the exclusive labor organization. The deduction will be revoked at the end of
the first full pay period of the month following such action.
Article
12.00 Distribution and
Communication
The EMPLOYER and the UNION agree that open communications
will facilitate and promote maximum labor-management cooperation and minimize
misunderstandings.
Section 12.01 A
copy of Title 5 C.F.R. and related guidance, and all applicable government-wide
rules and regulations and all EEOC directives and orders affecting conditions of
employment will be maintained at Headquarters and in each District Office. Upon request, the EMPLOYER shall make these
available to the UNION, in Headquarters and all District Offices. In its other facilities, the EMPLOYER shall
make any portion of these available, upon request, to employees or the UNION.
Section 12.02
The EMPLOYER shall provide a copy of this Agreement to all employees in
the unit and to each new bargaining unit employee, during new employee
orientation. In addition, the EMPLOYER
shall post this Agreement electronically on its internal website. The EMPLOYER
shall invite the designated UNION Representative to attend orientation sessions
conducted for new bargaining unit employees.
The EMPLOYER shall provide each Local President the name,
position, grade level and expected reporting date of all individuals
selected/hired to fill positions in the bargaining unit. Such notice shall be
provided prior to the reporting date or effective date of the action, as
appropriate.
Further, 100 copies of this Agreement shall be provided to
the UNION and this Agreement shall be available on INSITE.
Section 12.03
One space (approximately 40" x 40") on each floor of any
EMPLOYER facility shall be provided for exclusive use of the UNION, in an area
easily accessible and visible to employees.
The UNION agrees that such space shall be used exclusively for bulletin
boards and that it will install such bulletin boards in accordance with Federal
regulations. UNION bulletin boards will
be identified as such. Upon mutual
agreement of both Parties, the UNION may also post notices in common
areas. In the absence of such an
agreement, the EMPLOYER may request removal of the material.
The Parties agree that in the event that any material posted
on the bulletin board(s) is considered objectionable by the EMPLOYER, the
EMPLOYER shall inform the appropriate Local President or designated UNION
Official. The EMPLOYER shall specify
the objectionable material, the reason why it is deemed objectionable and may
request its removal.
The UNION may remove challenged material from bulletin board
space, pending resolution of the objectionable issue. Objectionable material means material, the publication of which
violates Federal, State or local law, such as defamatory or false materials or
materials which constitute an unlawful invasion of privacy.
The Parties understand that this Agreement does not
constitute a waiver of any rights guaranteed by the Constitution of the United
States.
Section 12.04
All written agreements entered into by the EMPLOYER and the UNION shall
become effective upon the date mutually determined by both Parties. The EMPLOYER shall distribute the written
agreements and documents pertaining thereto as mutually agreed upon during the
negotiations of the agreement.
Section 12.05
The EMPLOYER and the UNION agree to inform each other regarding changes
of UNION Officials, Representatives, Stewards and Management Officials and
Supervisors in a timely manner.
Section 12.06
The locations, names and telephone numbers of the Council President and
Local Presidents shall be included in the EMPLOYER's telephone directories upon
publication and/or revision and electronically on its internal website. The UNION shall provide the above information
to the EMPLOYER in a timely manner. At
the request of the UNION, the EMPLOYER
will update the UNION's directory information on INSITE up to three times a
year.
Section 12.07
The EMPLOYER shall inform each new employee upon entrance on duty of the
UNION's exclusive recognition by providing a copy of this Agreement.
Section 12.08
The EMPLOYER shall in October of each year furnish to the UNION a list
of bargaining unit employees including grade, series and location of each.
Section 12.09
A copy of each published merit promotion or vacancy announcement shall
be distributed upon issuance to the President of the Local in which the vacancy
occurs.
Section 12.10
Bargaining unit employees will be provided a reasonable amount of duty
time to participate in UNION sponsored training on the new collective
bargaining agreement.
Article 13.00 Employee Debts
Section 13.01 Employees
shall satisfy in good faith their obligations as citizens, including all just
financial obligations including, but not limited to, those recognized in
Executive Order No. 12953 (Actions Required of all Executive Agencies to
Facilitate the Payment of Child Support) and Federal, State, or local taxes
that are imposed by law. For purposes
of this Article, a just financial obligation includes any financial obligation
reduced to judgment by a court or by a State agency authorized to issue income
withholding notices pursuant to a State or local law. In good faith means an honest intention to
fulfill any just financial obligation in a timely manner. In the event of a dispute between an
employee and an alleged creditor, this Article does not require the Agency to
determine the validity or amount of a disputed debt that has not been reduced
to judgment or to collect a debt that has not been reduced to judgment on the
alleged creditor's behalf.
Section 13.02 The
Parties recognize that 5 C.F.R. Part 179-Claims Collection Standards, Part
581-Processing Garnishment Orders for Child Support and/or Alimony, Part
582-Commercial Garnishment of Federal Employees' Pay, and Part 835-Debt
Collection, pertain to the garnishment of Federal employees' pay for just
financial obligations. Upon request,
the appropriate regulations or EEOC Order will be made available to the
employee.
Article
14.00 Employee Claims for
Personal Property Damage
All claims for loss or damage to personal property arising
incident to employment shall be filed by, or on behalf of, the employee in
accordance with the Military Personnel and Civilian Employees Claim Act of
1964, as amended, 31 U.S.C. §§ 3721 et seq., and the appropriate
EEOC Order(s) (currently, EEOC Order No. 670.001). Upon request, the appropriate regulation and/or EEOC Order(s)
will be made available to the employee.
Article
15.00 Filling of Vacancies and
Merit Promotion
Section 15.01
This Article gives bargaining unit employees an opportunity to receive
fair and appropriate consideration for jobs in the bargaining unit in the
competitive service.
Section 15.02
Hiring and promotions shall be effected only on the basis of merit and
qualifications. Where appropriate, the
EMPLOYER shall give due consideration to work-related experience that is
qualifying for the announced position that is obtained from any source. Such experience may be gained as a result of
an employee's official UNION duties.
Section 15.03
Where the EMPLOYER determines the need to consider applicants for
bargaining unit positions from outside the Federal service, it will post those
vacancies simultaneously in accordance with the appropriate Sections of this
Article as it undertakes outside recruitment efforts. Merit promotion announcements shall be posted for ten (10) work
days. At the request of the Selecting
Official, the period of posting may be extended to a maximum of 20 work days.
Section 15.04
The area of consideration for positions at GS-13 and above, is
EEOC-wide. For positions at GS-12 and
below, EEOC Headquarters shall be the area of consideration for vacancies at
Headquarters. In the Field, the area of
consideration shall be the EEOC Offices (District, Area and Local) in the
District where the vacancy occurs. When
a vacancy is announced under the Merit Promotion Plan, the certificate of
eligibles will be forwarded to the Selecting Official. The certificate shall include the names of
at least three (3) qualified candidates when available. Where less than three (3) candidates are
available, the area of consideration may be expanded.
Section 15.05
A promotion certificate will not have a life of more than 60 calendar
days. The life of a certificate may be
extended beyond 60 calendar days by the Director, Office of Human Resources.
Section 15.06
For at least the first year in which the EEOC on-line recruitment system
is operational, applicants and employees will continue to be able to pursue job
vacancies by submission of non-electronic, paper applications consistent with
the Article. During this period,
up-to-date announcements shall be maintained and made available in the
appropriate personnel office. Also,
copies of announcements will be posted electronically on the Agency's internal
computer network site, “INSITE” and through the internet. Applications will also be accepted through
the Agency's internal computer network site, “INSITE” and the internet. After one year of operation, the EMPLOYER
and the UNION shall consult to determine whether paper submissions and postings
should be eliminated. All announcements
shall contain the following:
(a) name and address of issuing office;
announcement number; opening and closing date; EEOC or Office of Personnel
Management (OPM) title, series code and grade; salary range; organizational
location; duty station and area of consideration;
(b) statement regarding civil service status;
(c) if consideration is to be restricted to
EEOC employees, a statement to that effect;
(d) a succinct description of the major
duties;
(e) a digest of the qualification
requirements, including any selective factors;
(f) percentage of travel required or whether
no travel is required;
(g) knowledge, skills, abilities and other
characteristics (KSA's) and evaluation method;
(h) whether the position has known promotion
potential and a subsequent career promotion from it is permissible without
further competition;
(i) an equal employment opportunity
statement;
(j) how to apply, including current mailing
address and what forms to submit;
(k) a statement regarding the prohibition
against the use of Government franked envelopes for mailing applications;
(l) the number of positions to be filled and
their location;
(m) a statement on the availability of a
Schedule A appointment for individuals with disabilities, where appropriate;
(n) whether or not the position is a
bargaining unit position; and
(o) a statement that advises applicants that
failure to provide the required information will result in an applicant not
receiving consideration.
Section 15.07
Candidates for a position are all appropriate applicants who apply for
the specific vacancy on or before the closing date of the announcement. Applications received after the closing
date, but postmarked on or before the closing date, will also be accepted and
considered.
Section 15.08
A qualification standard may not be modified after the promotion process
is underway. If a qualification
standard must be modified, the promotion process should be canceled and
applicants notified.
Section 15.09 The
EMPLOYER may not use a written test in promotion, transfers or other placement
actions, including training, unless the test and testing procedures comply with
the Uniform Guidelines on Employee Selection Procedures and OPM guidelines on
how, when and by whom written tests may be used.
Section 15.10
To apply for a position, an employee must submit a completed copy of
his/her Optional Application for Federal Employment (OF-612), Application for
Federal Employment (SF-171), Resume Form (OF-510), or other approved format and
EEOC Appraisal Form to the appropriate personnel office, identifying the
position(s) for which he/she is applying.
It is the responsibility of the employee applying for a specific vacancy
to keep his/her record of training, experience, awards, etc., up to date by the
closing date of the announcement.
Finalists for vacancies at EEOC who have met all qualification
requirements will be asked to complete OF-306, Declaration for Federal
Employment, so that their suitability for the position being filled can be
determined.
Section 15.11
Minimally qualified candidates will be those who meet the appropriate
OPM Qualification Standards Handbook requirements contained in the vacancy
announcement. Each qualified candidate will
be evaluated against evaluation criteria specified in the vacancy
announcement. Candidates referred for
selection shall be listed in alphabetical order. Applicants found not qualified will be so notified.
Section 15.12
The evaluation process shall be based upon a comparison of the qualified
candidates' qualifications against a set of job-related criteria that have been
developed for the position to be filled.
When necessary, a crediting plan shall be developed by the EMPLOYER
for the position to be filled. It shall
specify how each of the knowledge, skills, abilities (KSA's) and other
characteristics will be measured and the crediting levels for each. The plan must equate the quality of
candidates' possession of essential KSA's to specific credit levels.
Section 15.13 Selecting
Officials may at their discretion interview candidates. However, if one (1) candidate on a
certificate is interviewed, all other candidates on that certificate must be
interviewed. Candidates in a different
geographic location from the Selecting Official may be interviewed by telephone
or by an authorized representative of the Selecting Official in the geographic
area in which the candidate is located.
Section 15.14 Upon
request, an employee not certified under a merit promotion announcement shall
be informed by the personnel office as to the reason(s) for his/her
non-certification. Upon request, an
employee not selected will be informed by the Selecting Official of the
specific reasons for his/her non-selection.
Section 15.15
An employee is entitled to see, upon his/her request, all documents
relating to that employee which were used in the selection process.
Section 15.16
In evaluating candidates for certification, type and quality of experience
and/or education, or a combination of both, must be considered.
Section 15.17
Employees selected shall be released as soon as possible from their
positions, normally not later than three (3) weeks after final selection. A maximum of 30 calendar days may be
permitted when mutual agreement is reached between the releasing and receiving
office. If the employee must be held
beyond the 30 calendar days, the EMPLOYER shall provide a written explanation
to the employee as to the reason(s) why he/she will be held and when he/she
will be released. Each employee is
responsible for giving his/her supervisor at least a two (2) week notice of
his/her intent to voluntarily vacate a position.
Section 15.18
Management will advise the successful applicant of his/her
selection.
Section 15.19
Competitive placement procedures shall apply to the following types of
personnel actions concerning bargaining unit positions:
(a) Promotions, unless excluded by Section
15.20;
(b) Temporary promotions for more than 120
calendar days. A temporary promotion
may be made permanent without further competition, provided it was originally
made under competitive procedures and all candidates were aware that it could
lead to a permanent promotion;
(c) Term promotions to higher positions. A term promotion may be made permanent
without any further competition provided the term promotion was originally made
under competitive procedures and all candidates were aware that it could lead
to a permanent promotion;
(d) Selection for details over 120 days to
higher graded positions or to positions with known promotion potential greater
than the employee's present position.
Service during the preceding 12 months under all details to higher
graded positions and temporary promotions is included when computing the
120-day period;
(e) Selection for formal training required for
promotion. Selection for training must
be competitive if the training is given to prepare an employee for advancement
and is required for promotion;
(f) Reassignment or demotion to a position
with greater promotion potential than the position previously held;
(g) Transfer to a higher graded position; and
(h) Reinstatement to a permanent or temporary
position at a higher grade than the last grade held in a non-temporary position
in the competitive service.
Section 15.20 Competitive
procedures do not apply to the following personnel actions. However, these actions will be accomplished
in accordance with the provisions of Section 15.02 of this Article:
(a) a promotion resulting from upgrading a
position, without significant change in the duties and responsibilities, due to
issuance of a new classification standard or the correction of an initial
classification error;
(b) a position change permitted by
reduction-in-force regulations 5 C.F.R. Part 351;
(c) career promotions:
(1) a promotion without current competition
when at an earlier stage an employee was selected from a civil service register
or under competitive procedures for an assignment intended to prepare the
employee for the position being filled (the intent must be made a matter of
record and career-ladders must be documented in the promotion file);
(2) a promotion resulting from an employee's
position being reclassified at a higher grade because of added duties and
responsibilities, provided the new position is clearly a successor to the
former position and no additional position is created as a result of the
promotion;
(3) a career-ladder promotion following
non-competitive conversion of a cooperative education student, veterans
readjustment appointee, Presidential Management Intern or other authorized
program or action;
(d) a change from a position having known
promotion potential to one having no higher potential than the potential of a
position an employee currently holds or previously held on a permanent basis in
the competitive service and did not lose because of performance or conduct
reasons;
(e) details to a higher graded position or temporary
promotions for up to 120 calendar days;
(f) repromotion to a grade or position from
which an employee was involuntarily demoted without personal cause and not at
his or her request;
(g) promotion of a candidate not given proper consideration
in a competitive promotion action;
(h) promotion as a result of negotiated
settlements of formal EEO complaints or grievances;
(i) persons with a disability condition
converted to competitive status pursuant to Executive Order No. 12125;
(j) reinstatement to a permanent or temporary
position at the same or lower grade with no greater promotion potential than
the previous grade held in a non-temporary position in the competitive service;
and
(k) any other exceptions provided by law,
civil service rule or regulation found at Title 5 C.F.R.
Section 15.21
The EMPLOYER shall maintain a temporary record of each promotion or
selection made under this Article and upon request, shall make the record
available to the UNION. This record
shall be maintained for two (2) years after the date of selection or two (2)
years after the announcement closes if no selection is made. Files subject to EEO complaint
investigations or to grievances must be maintained until the case is
resolved. At a minimum, the record
shall include the information below, where applicable:
(a) identification of the position;
(b) description of the method used to locate
and identify candidates;
(c) qualification standards used;
(d) evaluation methods and system for
combining evaluations to obtain final ratings;
(e) evaluations of the candidates (including
supervisory appraisals, test scores, etc.);
(f) names of candidates as they appeared in
the final ranking;
(g) names of candidates who were in the group from
which selection was made; and
(h) names of employees selected.
Section 15.22
Although not covered by the other Sections of this Article, when
necessary, bargaining unit Schedule A Attorney vacancies shall normally be
posted for ten (10) work days. At the
request of the Selecting Official, the period of posting may be extended. Announcements must receive sufficient
publicity so that employees within the unit shall have an opportunity to learn
of the vacancies and to apply.
Applications received from employees within the unit shall receive
impartial and appropriate consideration along with all other qualified
applicants for vacancies and shall be referred to the Selecting Official in
alphabetical order.
Article
16.00 Reassignment, Details and
Temporary Promotions
Section 16.01 A
reassignment means a change of an employee, while serving continuously within
the same agency, from one position to another without promotion or demotion.
Section 16.02 When
an employee is reassigned to a position with a different performance plan, the
employee shall be provided a copy of the new performance plan. The employee must perform under the new
performance plan for at least 90 calendar days before he/she can be appraised.
Section 16.03 If
an individual with a disability is reassigned, reasonable accommodations must
be provided in the new work setting in accordance with Article 22.00 Equal
Employment Opportunity.
Section 16.04 A
detail is the temporary assignment of an employee to the duties of a different
position or unclassified duties for a specified period of time, with the
employee returning to his/her regular duties at the end of the detail.
Section 16.05 The
EMPLOYER shall notify an employee in writing whenever possible prior to a
detail or reassignment, except when details do not exceed five (5) consecutive
work days. When a situation
necessitates an emergency detail, such written notice shall be provided as soon
as possible after the effective date of the detail. Upon request, the EMPLOYER shall meet with the employee and
explain the reasons for the detail or reassignment.
Section
16.06 The EMPLOYER may use
details when:
(a) a temporary shortage of personnel exists;
(b) the volume of work suddenly increases and interrupts
the workflow;
(c) an employee is on extended leave or leave
without pay;
(d) other conditions of a special need arise;
or,
(e) requested by an employee.
Section 16.07 Details
in excess of 30 calendar days shall be recorded on a SF-52, Request for
Personnel Action. A copy of the SF-52,
including a statement of the duties to which detailed, shall be furnished to
the employee and a copy placed in the employee's Official Personnel Folder
(OPF) and duplicate OPF held in the Field office.
Section 16.08 If
an employee's detail exceeds 120 calendar days, the EMPLOYER shall furnish the
employee with a copy of an accurate classified position description or a
statement of unclassified duties.
Section 16.09 A
temporary promotion is the change of an employee on a temporary or time-limited
basis (1) to a position at a higher grade level within the same job
classification system and pay schedule or (2) to a position with a higher rate
of basic pay in a different job classification system and pay schedule.
Temporary promotions shall be effectuated in accordance with
Article 15.00 Filling of Vacancies and
Merit Promotion, and in accordance with applicable laws, rules and
regulations.
Section 16.10 If
the EMPLOYER requires the duties of a higher graded position to be performed
for more than 120 calendar days, competitive merit promotion procedures will be
used to temporarily promote the selected employee. Service during the preceding 12 months under all details to
higher graded positions and temporary promotions is included when computing the
120-day period.
Section 16.11 The
EMPLOYER agrees that any employee who is detailed or who is otherwise
authorized or required by the EMPLOYER to perform the functions of any higher
graded position for 60 calendar days or more shall be temporarily promoted to
the position to which detailed and shall be paid at the rate of the higher
graded position from the 61st to the 120th day.
Section 16.12 The
EMPLOYER is responsible for controlling the duration of details and assuring
that details do not compromise the principles of the merit system.
Section 16.13 Prior
to mass reassignments in Headquarters, Washington Field Office, District, Area and/or
Local Offices affecting the working conditions of employees, the EMPLOYER shall
advise the UNION and provide the UNION with the opportunity to negotiate the
impact and implementation of the change.
Article 17.00 Career-Ladder Promotions
Section 17.01 A
career-ladder is a series of levels of increasing difficulty in the same line
of work through which an employee may progress from the entrance level to the
level of full performance. Career advancement is the intent and expectation of
the Career Ladder System. However,
career ladder promotions are not automatic. Nothing in this Article shall be construed to require Management
to promote, when in the EMPLOYER's sole discretion and in accordance with
applicable law, rule, regulation or this Agreement, the circumstances do not
warrant such action.
Section 17.02
In order to effect a career-ladder promotion of an employee, the
supervisor must certify that:
(a)
the employee has a "proficient" or higher rating of
record;
(b)
the employee has not received less than a
"proficient" rating on a critical element that is also critical to
the performance at the next higher grade;
(c)
the employee meets the applicable qualifications requirements
of the OPM Qualifications Standards Handbook, and if applicable, time-in-grade
requirements;
(d)
the employee has demonstrated the ability to perform at the
next higher grade;
(e)
the employee is performing at least at the “proficient” level
at the time of his/her eligibility for a career ladder promotion.
Section 17.03 At
least 90 days prior to an employee's eligibility date, if the supervisor
determines that the employee is not going to be promoted, the supervisor will
advise the employee of the reason(s) a promotion will not be recommended as set
forth in Section 17.02. The supervisor
will provide the employee with a copy of the position description for the
higher graded duties. In addition, the
supervisor will advise the employee what he/she must do to be recommended for a
career-ladder promotion. A supervisor's
failure to provide such notice at least 90 days prior to the employee's
eligibility date shall not be a reason for granting a career ladder promotion.
Article
18.00 Employee Education,
Development and Training
A. Education, Development and Training
Section 18.01
The EMPLOYER and UNION agree that an investment in employee education,
development, and training is of primary importance in creating a high
performance Agency and enabling all employees to reach their full potential. The EMPLOYER and UNION further agree the
principle objectives of such Education, Development and Training efforts will
be to:
(a) provide
individual and group training, retraining and developmental opportunities to
enhance on‑the‑job skills and abilities of employees which lead to
personal development;
(b) publish
and disseminate information concerning skill training programs;
(c) promote
the sharing and exchange of training materials, information and techniques; and
(d) inform
employees of the training opportunities available within the broader
Human/Civil Rights Community and to make available to employees the opportunity
to participate in and gain the benefits of these training programs whenever
practical or feasible.
Section 18.02 Each employee is responsible for
applying reasonable effort, time and initiative to increase his/her career
potential through self‑development and training.
Section 18.03 Employees are encouraged to take
advantage of other types of training programs and are encouraged to present
reasonable suggestions concerning training needs to their supervisors. If, at any time, during the performance
appraisal cycle, the EMPLOYER determines that training directly related to the
successful accomplishment of an employee's job is necessary, the EMPLOYER shall
document this on the appropriate performance appraisal form, and consistent
with its needs and resources, shall provide that employee with the appropriate
training. This does not preclude serious
consideration of training requests when such training would result in better
organizational or individual performance.
Section 18.04 The EMPLOYER shall post on EEOC office
bulletin boards, including, when received in computer compatible format,
electronic mail, the EEOC on-line recruitment system, INSITE, Local Area
Network Systems (LANS) and Wide Area Networks (WANS), information concerning
training and educational programs as soon as possible after the EMPLOYER has
been notified of such training. Where
the EMPLOYER requires the employee to attend training courses or sessions, the
employee shall be given reasonable notice, normally no less than two (2)
weeks. Nomination and selection for
training and career development programs and courses shall be made in a fair,
impartial manner and consistent with the EMPLOYER's needs and resources.
Section 18.05 When the employee timely requests a
training course via the appropriate format, the EMPLOYER shall make every
attempt to notify the employee at least one (1) week prior to the start of the
training whether or not the request is approved.
Section 18.06 An employee who has been approved for
a long‑term training program (over 120 calendar days duration) shall
normally be granted duty time to participate in the program. Long‑term training must be justified
as contributing to the mission of EEOC and the justification must include the
new or expanded duties the employee shall perform upon his/her return, as a
result of training. Generally, long‑term
training is used when:
(a)
the
needed set of knowledge or skills requires a comprehensive study program which
could not be accomplished by a series of unconnected short courses;
(b) the
time span for acquisition of the knowledge or skill is such that a concentrated
long‑term program is most feasible; and,
(c) the
set of knowledge or skills is so complex, new or unique that it could not be
readily obtained on a short‑term basis from any available Agency or
interagency or non‑government source.
Section 18.07 When the EMPLOYER pays for the
employee's long‑term training in a non‑government facility, the
employee must agree in writing to a continued service agreement pursuant to
applicable laws and regulations.
Section 18.08 The EMPLOYER recognizes the need to provide
continuous training for all of its employees.
The EMPLOYER will provide training for each employee relating to the
performance of his/her duties, normally a minimum of 40 hours each fiscal year. Training is not limited to formal class room
training and may include on-the-job training, mentoring, and other informal
methods.
Section 18.09 Supervisors will meet with employees
to jointly develop an annual training and development plan. Training can include a combination of peer
training, on‑the‑job training, mentoring, team leader development
programs and classroom training.
Section 18.10 Each office shall develop, with
employee input, an annual office training plan, which shall be reduced to
writing.
(a) Training
may include peer training, peer mentoring and team leader development programs
and should be designed to support, develop and enhance the EEOC Mission and its
delivery of services to the public.
(b) Employees
are expected to take advantage of on‑the‑job training and to
exercise initiative in taking advantage of other types of training programs,
realizing that advancement depends on self‑development.
Section 18.11 Documentation of all formal training shall
be maintained by the District or Headquarters office training officer or
coordinator and reported to the Office of Human Resources on a periodic basis
as required by agency reporting procedures.
Employees are encouraged to maintain a record of training for his/her
use when applying for other positions.
Section 18.12 The EMPLOYER shall grant official
time, upon written request, to UNION Representatives to attend UNION‑sponsored
labor relations training provided that the Parties will derive benefit from
such training.
(a) Official
time for attendance at UNION‑sponsored training shall be limited to 40
hours of training per UNION Representative per fiscal year. Such hours cannot be transferred among UNION
Representatives.
(b) UNION
Representatives shall submit requests for use of official time to attend UNION‑sponsored
labor relations training to the appropriate District Director(s) or
Headquarters Office Director(s), or Washington Field Office Director, at least
15 work days before the training is scheduled to begin. The UNION
Representative
must also submit a copy of the training agenda and/or course description at the
same time a request for use of official time is submitted. The UNION Representative is responsible for
providing the appropriate director(s) with sufficient information concerning
the training curriculum so that the appropriate director(s) can determine that
the training relates to matters within the scope of the Civil Service Reform
Act of 1978. Any dispute concerning the
use of official time for training will be resolved in accordance with Article
10, Section 10.04(c). The 15‑day
notice requirement may be waived by mutual agreement of the Parties. The appropriate director(s) will respond to
the request in writing within three work days following the date of receipt of
the request.
(c) The
UNION shall bear any and all costs associated with such UNION‑sponsored
training.
Section 18.13 The EMPLOYER agrees to consider all employee
requests for leaves of absence, up to one (1) year, for the purpose of
professional development. Such requests
shall be approved consistent with the EMPLOYER's needs and resources, if it
complies with applicable laws, rules and regulations, and if it is
determined by the EMPLOYER to be in the interest of the Government.
Section 18.14 The EMPLOYER may excuse employees to
attend relevant continuing legal education courses, conferences, or meetings
with no charge to leave or pay when it is determined that attendance is in the
interest of the EMPLOYER.
Section 18.15 The EMPLOYER will normally consider requests
for training and development financial assistance. The EMPLOYER will consider reimbursing employees, who have
received prior approval, for up to 50 percent of tuition costs for applicable
study courses that are related to their job responsibilities. The approval and reimbursement of such
requests are contingent upon the availability of funds.
B.
Staff Development Enhancement Program
Section 18.16 The EMPLOYER and UNION agree that it is the policy
of the EEOC to provide career development opportunities, and support services
for the education, training and personal development for employees. The EEOC shall inaugurate a Staff
Development Enhancement Program which empowers Commission staff to:
(a)
take more responsibility for their performance and
development;
(a)
prepare and advance themselves to meet workforce changes
resulting from the Commission's continuing technological advancements; and
(a)
succeed and remain productive in a streamlined and re-engineered
organization, with the concomitant organizational and operational realignments
that may follow.
Section 18.17 The Staff Development Enhancement Program
will offer six (6) slots a year for EEOC employees who demonstrate the potential
to grow and assume more complex job responsibilities. The program will offer training and developmental opportunities
designed to address the staffing needs of the EMPLOYER. Each year the career development
opportunities will be determined based upon the Agency's overall staffing
needs. The parties agree to adopt and
implement procedures to establish the Staff Development Enhancement
Program. The Training and Employee Development
Team will collect data and information to conduct an annual evaluation of the
program.
Section 18.18 The Staff Development Enhancement Program
will be used to fill positions in headquarters and the Field. Once identified, the staff development
positions will be advertised nationally via INSITE and the EEOC on-line recruitment
system. Qualification and
selection criteria for participation in the Staff Development Enhancement
Program will be developed by the Training and Employee Development Team in the
Office of Human Resources. The
candidate selection process will be made in collaboration with the UNION. If a selection requires geographic
relocation, the selectee will bear all costs.
Section 18.19 Selectees under the Staff Development
Enhancement Program will receive a two- year Individual Development Plan
(IDP). The Office Director or District
Director will be responsible for assuring the IDP and mentoring are effectively
implemented. The IDP will identify the
employee's training and developmental needs in order to perform in the target
position and will specifically identify developmental activities designed to
meet those needs. Developmental
activities may include e-learning, on the job training, mentoring and other
formal training as appropriate. After
the candidate has been placed in the target position, the second year of the
IDP will include mentoring and continued developmental activities as
appropriate.
C. E-Learning and the Virtual University
Section 18.20 The EMPLOYER and the UNION recognize
that cutting edge technology available through partnership with the National
Learning Center/Department of Transportation's Virtual University will enable
EEOC employees to access on-line training programs available to improve current
job skills, as well as to provide developmental opportunities in support of
career enhancement goals.
The Virtual University will allow
EEOC employees 24 hour access to training courseware, but training required by
an approved IDP will be scheduled during duty hours. Virtual University courses could lead to degree programs, and
with prior management approval may serve as the basis for full or partial
tuition assistance programs by the EEOC.
Section 18.21 The EMPLOYER and the UNION agree to meet and
discuss bargaining unit participation in the implementation of the Virtual
University, as well as program evaluation criteria, and the options for full
implementation.
Article 19.00 Within-Grade Increases
Section 19.01 Pursuant to 5 U.S.C. § 5335 and 5
C.F.R. § 531.404, an employee shall receive a within-grade increase subject to
the following: (a) completion of the
appropriate waiting period, (b) a determination that the employee's work is of
an acceptable level of competence and (c) the employee has not received an
equivalent increase during the waiting period.
Section 19.02 For within-grade increase purposes,
"acceptable level of competence" means job performance at or above
the "proficient" level.
Section 19.03 Employees shall be informed of the
specific performance requirements that constitute an acceptable level of
competence. The method of providing
this information shall be the employee's performance plan.
Section 19.04 Basis of Determination
(a) The basis for a determination of acceptable
level of competence shall be the employee's rating of record that was assigned
no earlier than the most recently completed appraisal period.
(b)
If the rating of record assigned no earlier than the most
recently completed appraisal period is not consistent with the employee's
current performance, a new rating of record shall be prepared for this purpose.
Failure to provide a new rating
of record prior to denying the WIGI shall not be a reason for granting the within-grade
increase.
Section 19.05 Delay in Determination
(b)
An acceptable level of competence determination must be
delayed and the within-grade increase postponed when either of the following
applies:
(1)
the employee has not had 90 days to demonstrate acceptable
performance because the employee has not served under his/her performance plan
for at least 90 calendar days and has not received a performance rating in any
position within 90 calendar days before the end of the waiting period; or
(2)
the employee has been reduced in grade because of unacceptable
performance to a position in which he/she is eligible for a within-grade
increase or will become eligible for a within-grade increase within 90 calendar
days of the effective date of the reduction-in-grade.
(c)
When a within-grade increase is postponed under this Section,
the employee shall be informed that the determination is delayed, that the
rating period is extended and what the requirements are for
"proficient" performance.
(d)
If at the end of the extended rating period, the employee's
performance is determined to be at an acceptable level, the within-grade
increase must be granted retroactively.
Section 19.06 Notice of Positive Determination
An employee whose performance has
been determined to be at an acceptable level of competence shall be notified of
this determination by means of a Standard Form 50, Notification of Personnel
Action, as soon as possible after completion of the requisite waiting period.
Section 19.07 Notice of Negative Determination
When the supervisor determines that
the employee's work is not at an acceptable level of competence, the negative
determination shall be communicated to the employee in writing as soon as
possible after completion of the waiting period, and shall contain, at a
minimum, the following:
(a) the reasons for the negative
determination;
(c)
the steps the employee must take to improve performance in
order to be granted a within-grade increase; and
(d)
a statement that the employee may request reconsideration of
the negative determination by the District Director for Field employees, or the
Program, Service Area or Office Director, as appropriate, for Headquarters
employees, within 15 calendar days after receiving the notice of negative
determination by filing, in writing, a request which states the specific
reasons for contesting the negative determination and the factual evidence and
documents supporting the reconsideration;
(e)
a statement that the employee may have a UNION Representative
assist in presenting the reconsideration request;
(f)
a statement that the employee will be allowed a reasonable
amount of duty time to prepare the request; and
(g)
a statement that the employee and his/her Representative may
examine and, upon request, obtain a copy of the negative determination file.
Section
19.08 Reconsideration File
When an employee files a request
for reconsideration, the EMPLOYER shall establish an employee reconsideration
file which shall contain all pertinent documents relating to the negative
determination and the request for reconsideration, including copies of the
following:
(a) the written negative determination and the
basis therefor;
(b) the employee's written request for
reconsideration;
(c) the report of investigation when an
investigation is made;
(d)
when appropriate, the written summary or transcript of any
personal presentation made; and
(e) the EMPLOYER's decision on the request for
reconsideration.
The file shall not contain any
document that has not been made available to the employee or his/her
Representative. Copies of any materials
added to the file will be provided to the employee or his/her Representative.
Section 19.09 Reconsideration Decision
The decision whether a negative
determination will be sustained or set aside will be made by the Director
promptly after receipt of the request for reconsideration.
(a)
Upon receipt of the employee's request for reconsideration,
the Director shall request the complete file of the case from the supervisor.
(b)
On the basis of the file, any evidence presented by the
employee and/or Representative and information gathered from any inquiry or
investigation, the Director shall sustain or set aside the negative
determination.
(c) The Director shall notify the employee in
writing of the decision.
(a)
The written decision shall contain a statement that the
earlier negative determination is either sustained or set aside with a summary
of the reasons for the decision.
(b)
If the negative decision is sustained, the written decision
shall also contain a statement that the employee has the right to appeal this
determination to the Merit Systems Protection Board.
(c)
The CBA excludes from its grievance procedures the review of
reconsideration determinations.
Section 19.10 If an employee has been previously
notified of performance deficiencies and is currently performing under a
Performance Improvement Plan (PIP), the employee's within-grade increase must
be denied until the supervisor determines that the employee has achieved an
acceptable level of competence.
Section 19.11 Effective
Date
(a)
Except as provided in 19.11(b) below, a within-grade increase
shall be effective on the first day of the first pay period after the
completion of the required waiting period and a determination has been made
that the employee is performing at an acceptable level of competence.
(b)
When an acceptable level of competence is achieved at some
time after a negative determination, the effective date is the first day of the
first pay period after the acceptable level of competence determination has
been made.
(c)
When a negative determination is changed as a result of
reconsideration or appeal of a negative determination, the change supersedes
the negative determination. The
effective date of the within-grade increase is the date on which the increase
would otherwise have been effected.
Section
19.12 Waiver of
Requirement for Determination
An acceptable level of competence determination
shall be waived and a within-grade increase granted when an employee has not
served in any position for at least 90 calendar days during the final 52
calendar weeks of the waiting period for one (1) or more of the following
reasons:
(a)
because of absences that are creditable service in the
computation of a waiting period under 5 C.F.R. § 531.406;
(b) because of paid leave;
(a)
because the employee received credit under the back pay
provisions at 5 C.F.R. Part 550;
(b)
because of details to another agency or EMPLOYER for which no
rating has been prepared; or
(a)
because the employee has had insufficient time to demonstrate
an acceptable level of competence due to authorized activities of official
interest to the agency not subject to appraisal under 5 C.F.R. part 430; and
serving as a representative of a labor organization under Chapter 71 of Title
5, United States Code; or
(b)
because of long-term training.
In such a situation, there shall be
a presumption that the employee would have performed at an acceptable level of
competence had the employee perform the duties of his/her position of record
for the minimum appraisal period under the applicable Agency performance
appraisal system.
Section
19.13 Continuing
Evaluation
When a within-grade increase has
been withheld, a new determination may be made anytime after 30 calendar days,
but no more than 52 calendar weeks, following the original eligibility date for
the within-grade increase, and for as long as the within-grade increase continues
to be denied, determinations shall be made no longer than every 52 calendar
weeks.
Article 20.00 Position Description and
Classification
Section 20.01 Each employee will be provided with a
copy of his/her Official Position Description which accurately reflects the
major duties and responsibilities of that position within 10 work days of
assignment to the position. Employees
are encouraged to discuss with their supervisors any discrepancies between
their position descriptions and their actual duties assigned, and it shall be
the responsibility of the EMPLOYER to make adjustments where appropriate. Employees may request a position description
at any time.
Section 20.02 An employee who feels that his/her position
is improperly classified is encouraged to first discuss the matter with his/her
supervisor. If the matter cannot be
informally resolved, the employee may submit a written request for a review of
the classification (desk audit) of his/her position to the Director of the Personnel Operations Services Team (POST)
and simultaneously serve a copy on his/her immediate supervisor. When the requested review (audit) is
completed, the employee shall be furnished with the results of the classification
review and information on his/her appeal rights and procedures as set forth in
5 C.F.R.§ 511.603. et seq. If
the employee is dissatisfied with the results of the review, he/she has two
options:
(a) the employee may file a classification
appeal with the Agency. The employee shall set forth in the appeal the
reason(s) why the results of the classification review are being questioned.
Classification appeals filed with the Agency shall be submitted to the
Assistant Director, Partnership, Policy and Workforce Performance Team
(PP&WPT) with a copy to the
employee's immediate supervisor. If the employee is dissatisfied with the
Agency's decision on his/her classification appeal, he or she may continue the
appeal process by appealing the decision to the Office of Personnel Management
(OPM), or
(a)
the employee may submit a classification appeal request
directly to OPM. However, if the
employee chooses to bypass the Agency in the process of his/her classification
appeal, the decision of OPM is final.
Employees may request assistance
from UNION Representatives on classification appeals.
Section 20.03 Classification
reviews, desk/job audits and/or surveys shall be performed by qualified
personnel staff or OPM representatives. The EMPLOYER will inform the UNION of
any changes as a result of surveys in a timely manner prior to
implementation. The EMPLOYER will
advise the UNION in advance of the scheduled visits of personnel staff members
or OPM representatives to perform position classification surveys of bargaining
unit positions, indicating the purpose and the organizational entity and
positions(s) being studied. Copies of
classification determinations concerning bargaining unit changes and the
rationale shall be furnished to the UNION as a result of position
classification surveys. The UNION shall
be afforded an opportunity to comment on the results of the classification
review.
Section 20.04 Current
position descriptions and newly classified position descriptions shall not
include such ambiguous phrases as “other duties as assigned,” however, may
include phrases such as “other job-related duties as assigned.”
Section 20.05 Upon request
of an employee or his/her Representative, Position Classification Standards for
any occupation, where available in an office, shall be made accessible for
review. In offices where Position
Classification Standards are not maintained, the EMPLOYER shall make specific
Position Classification Standards accessible for review upon request. Reasonable requests for copies of Position
Classification Standards shall be honored on an as needed basis.
Section 20.06 In the event
the EMPLOYER is assigned additional functions involving position
classifications, the EMPLOYER shall initiate action to review the grade levels
of any EEOC positions changed by the addition of duties. Where necessary, a new or amended position
description will be issued.
Section 20.07 When the
EMPLOYER becomes aware that the work assigned to an employee does not substantiate
his/her present grade, the EMPLOYER shall make every reasonable effort to limit
or eliminate any resultant adverse effect on such an employee.
Article 21.00 Performance Appraisal System
The Parties agree that an
objective performance appraisal system (a sub-component of the Agency's
Performance Management System) is in the best interest of both the EMPLOYER and
UNION. The performance appraisal/evaluation procedures agreed to by the Parties
shall provide, to the maximum extent possible, an accurate and objective
evaluation of job performance. The
parties recognize that a Performance Appraisal System (PAS) is in place and
agree to meet and confer in accordance with Article 8, if and when it needs to
be changed and/or modified.
Article 22.00 Equal Employment Opportunity
Section 22.01 The EMPLOYER and the UNION agree that in
their respective policies and practices, they shall not discriminate against
any employee on the basis of race, color,
sex (including, but
not limited to, sexual
harassment), sexual orientation, national origin, religion, age, disability,
marital status or political affiliation and shall promote a workplace free of
harassment based on any of these prohibited factors.
Section 22.02 The EMPLOYER shall, pursuant to Section 501
of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 and applicable
EEOC orders, survey its physical facilities, and bring them into compliance
with applicable laws and regulations, employ individuals with disabilities and
make reasonable accommodations for qualified persons with disabilities.
Section 22.03 The EMPLOYER
and the UNION recognize that employees are adversely affected by harassment
based on race, color, religion, sex (whether or not of a sexual nature),
national origin, age, disability, and sexual orientation, and retaliatory
harassment based on opposition to discrimination or participation in
discrimination complaint proceedings.
Unwelcome verbal or physical conduct based on race, color, religion, sex
(whether or not of a sexual nature), national origin, age, disability, sexual
orientation, or retaliation constitutes prohibited harassment when the conduct
can reasonably be considered to adversely affect the work environment, or an
employment decision affecting the employee is based on the employee's
acceptance or rejection of such conduct.
Section 22.04 Where it is determined that a need exists,
the EMPLOYER may make available materials in appropriate media and languages
other than English.
Section 22.05 It is the duty of the EMPLOYER to reasonably
accommodate the religious observances and/or practices of employees unless such
accommodation would create an undue hardship for the EMPLOYER.
Section 22.06 The EMPLOYER shall designate appropriate
representatives to carry out counseling and other Equal Employment Opportunity
(EEO) functions consistent with applicable law, regulations and other
activities.
Section 22.07 The EMPLOYER agrees to provide information
to the UNION concerning the EMPLOYER's Equal Employment Opportunity (EEO)
profile, Affirmative Employment Program, as well as the implementation of the
EEO policies and practices. Such
information shall be provided annually within 10 calendar days of completion.
Article 23.00 Reorganization
Section 23.01 The EMPLOYER and the UNION jointly
recognize the desirability of maintaining employment stability. It is also recognized that occasions may
arise where adjustments of the work force may be necessary through such means
as reorganization and/or realignment.
Section 23.02 A reorganization is defined as the
planned elimination, addition or redistribution of functions or duties within
an organizational component.
Section 23.03 A realignment is defined as the movement
of an employee and his/her position when: (1) a transfer of function or an
organizational change occurs, (2) the employee stays in the same Agency and (3)
there is no change in the employee's position, grade or pay.
Section 23.04 For each organizational unit affected,
the EMPLOYER shall simultaneously serve both the National Council of EEOC
Locals No. 216 and the effected Local UNION with a proposed reorganization plan
including statements of duties, projected effect on position classification, projected
series and grade and relative placement of affected employees, mission and
function statements, and the complete table of reorganization showing lines of
authority, at least 30 calendar days prior to implementation of the
reorganization.
Section 23.05 When a reorganization is the cause of
a personnel action involving separation, furlough for more than 30 calendar
days, change to lower grade or reassignment involving displacement of another
employee, RIF procedures shall be followed and Article 24.00, Reduction-in-Force
and Transfer of Function Procedures, shall apply.
Section 23.06 After a reorganization is completed
and when the EMPLOYER becomes aware that the work assigned to an employee does
not substantiate his/her present grade, the provisions of Article 20.00, Position
Description and Classification, Section 20.07 shall apply.
Section 23.07 When the EMPLOYER determines it is
necessary to detail employees as part of the implementation and/or transition
of a reorganization and/or realignment, Article 16.00, Reassignments,
Details and Temporary Promotions, shall apply.
Section 23.08 All employees whose duties are
substantially different from those previously performed shall be provided
necessary training in the new duties following their assignment to the new
unit.
Article 24.00 Reduction-In-Force and Transfer of Function
Procedures
Section 24.01 The provisions of this Article
establish or specify the procedures which apply to the implementation of any
EMPLOYER decision that a reduction-in-force (RIF) is necessary, and specify
actions the EMPLOYER will take to assist bargaining unit employees who are
impacted as a consequence.
Section 24.02 A RIF occurs when the EMPLOYER
releases an employee from his/her competitive level by furlough for more than
30 days, separation, demotion or reassignment requiring displacement, when the
release is required because of lack of work, shortage of funds, insufficient
personnel ceiling, reorganization, the exercise of re-employment rights or restoration
rights, or reclassification of an employee's position due to erosion of duties
when such action will take effect after the EMPLOYER has formally announced a
reduction in force in the employee's competitive area and when the reduction in
force will take effect within 180 days.
Section 24.03 Transfer of function is the transfer
of the performance of a continuing function from one competitive area and its
addition to one (1) or more other competitive areas, except when the function
involved is virtually identical to functions already being performed in the
other competitive area(s) affected; or the movement of the competitive area in
which the function is performed to another commuting area.
Section 24.04 At the earliest practicable date, the
EMPLOYER shall notify the UNION in writing of a pending RIF or transfer of
function prior to informing employees.
The notice to the UNION shall include the reasons for the RIF or
transfer of function, the number and types of positions affected and the
proposed date of the action. Prior to
implementing a RIF or transfer of function, the EMPLOYER shall give the UNION a
reasonable opportunity to negotiate the impact and implementation of the
planned action. The Parties will also
negotiate the number of UNION Representatives needed to monitor the RIF or
transfer of function.
Section 24.05 To eliminate or minimize any adverse
impact upon employees in a RIF or transfer of function, the EMPLOYER shall give
full consideration to alternate methods including, but not limited to,
attrition, reassignment or special details which do not result in
displacement. In the event a RIF or
transfer of function is conducted, the EMPLOYER shall disrupt as few of the
Agency's operations and/or organizational components as possible and clearly
specify the extent and projected impact of such action.
The EMPLOYER will provide equitable
treatment to all employees and give every consideration to retaining career
employees. The EMPLOYER shall also
consider placing affected employees in vacant positions.
Section
24.06 Competitive Areas
(a) The competitive areas for RIF shall be:
(1) Headquarters: an office level that reports to the Chair or the General Counsel;
(2) Field:
A District Office, including the Area and the Local Office if within the
respective District Office's local commuting area.
(b) Competitive areas for RIF may be expanded
if circumstances require and the Parties agree.
(c) When a RIF or a transfer of function is
implemented, a copy of the competitive levels for a competitive area and a copy
of the retention registers shall be provided to the UNION within five (5) work
days of the completion of each. All
other appropriate and related records shall be available for review by the
UNION.
Section 24.07 The EMPLOYER shall provide the
following information to employees in the affected competitive area to help
them understand why they are affected by the RIF or transfer of function:
(a) the extent of the competitive areas, and
specific reasons and plans for the RIF or transfer of function in accordance
with applicable rules and regulations; and
(b) information on the regulations governing
RIFs or transfers of function, on the specific kinds of assistance provided for
affected employees and on the procedures for obtaining such information.
Section 24.08 The EMPLOYER shall provide a specific
written notice to each employee affected by the RIF or transfer of function at
least 60 calendar days prior to the effective date. When a reduction in force is caused by circumstances not
reasonably foreseeable, the Director of OPM, at the request of the Agency head
or designee, may approve a notice period of less than 60 days. The specific notice shall include the
following information:
(a) the action to be taken;
(b) the effective date of the action;
(c) the employee's service computation date
and subgroup;
(d) the employee's competitive area and
competitive level;
(e) the employee's three most recent ratings
of record received during the last 4 years;
(f) if applicable, the reasons why a lower
standing employee is being retained in his/her competitive level for more than
30 calendar days after the date a higher standing employee is released from the
same retention register;
(g) the employee's appeal or grievance rights
and the time limits for such actions;
(h) if applicable, notification that the employee
is being separated under liquidation procedures without regard to standing
within the subgroup and the date the liquidation will be completed; and
(i) if applicable, specific information on
the Reemployment Priority List and Career Transition Assistance Programs.
The employee must also be given a
release to authorize, at his or her option, the release of his or her resume
and other relevant employment information for employment referral to State
dislocated worker unit(s) and potential public or private sector employers; and
information concerning how to apply both for unemployment insurance through the
appropriate state program and benefits available under the State dislocated
worker unit(s), as designated or created under Title III of the Job Training
Partnership Act, and an estimate of severance pay (if eligible).
A copy of the specific notice to be
issued employees and any correspondence thereafter modifying or amending this
notice or a suitable summary of such notices or offers shall be simultaneously
provided to the UNION. Any additional
correspondence shall be made available for review by the UNION.
Section 24.09 Employees receiving a RIF or transfer
of function notice may review the
retention register and related records as set forth in 5 C.F.R. §
351.505 and other applicable laws, regulations, and rules.
Section 24.10 Affected employees shall have a
minimum of 10 work days to accept or reject an offer of another position.
Section 24.11 Competing employees must be identified
with the transferring function in one of two ways: Identification Method One
or Identification Method Two. A
competing employee is identified with a transferring function under
Identification Method One if the employee performs the function during the
majority of his/her work time, or, regardless of the amount of time the
employee performs the function, the function includes the duties controlling
his or her grade or rate of pay.
Identification Method Two which
is used to identify positions and employees ONLY when Method One is not
applicable, applies to employees who perform the function during less than half
of their work time AND whose duties in the function are not
grade-controlling. If Method Two is
applicable, the Agency will follow regulatory RIF requirements to determine the
competing employees' standing on the register, i.e., inverse or actual order.
A competing employee who is
identified for transfer under Method One or Method Two has no right to transfer
with a function unless the alternative is separation or downgrading in the
competitive area losing the function.
Section 24.12 The Agency may permit other employees
of the Agency to volunteer for transfer with the function in place of employees
identified under Method One or Method Two.
However, the Agency will permit these other employees to volunteer only
if no competing employee identified under Method One or Method Two is separated
or demoted solely because a volunteer transferred in place of him/her to the
gaining competitive area. If the total
number of employees who volunteer for
transfer exceeds the
number of employees required to
perform the function in the gaining competitive area, preference may be given
to the volunteers with the highest retention standing.
Section 24.13 In the event of a RIF affecting
competitive service employees, the following procedures shall apply:
(a) The EMPLOYER shall make the best offer of
employment possible under the regulations to competitive service employees
displaced by RIF.
(b) After receipt of the EMPLOYER's offer, an
employee may request an assignment to a vacant position for which he/she is
qualified at his/her same or lower grade.
The EMPLOYER agrees to consider such request.
(c) If an employee is placed in a lower grade,
the employee shall retain grade and pay in accordance with applicable law and
the provisions of EEOC Orders governing Retention of Grade and Priority
Placement.
Section 24.14 The EMPLOYER shall establish and
maintain a reemployment priority list in accordance with established
regulations. As soon as the EMPLOYER
knows it cannot retain an employee in his/her competitive area, his/her name
will be added to the list.
Section 24.15 The EMPLOYER shall make every
reasonable effort to find employment in other Federal agencies within the
competitive area for those employees who are separated from the Equal
Employment Opportunity Commission. The
EMPLOYER shall counsel employees for whom no positions are located as to any
benefits that may be available to them pursuant to information obtained from
appropriate State employment service agencies.
Section 24.16 The EMPLOYER shall maintain all lists,
records and information pertaining to the RIF or transfer of function for at
least one (1) year.
Section 24.17 The EMPLOYER shall grant duty time to
those employees moving as a result of a RIF or transfer of function to find new
housing and schools, to make arrangements for disposition of their current
homes and to handle any other matter involved in the move in accordance with
applicable regulations. The EMPLOYER
will provide counseling to affected employees regarding their entitlement.
Section 24.18 When the EMPLOYER is unable to offer
an assignment at the same grade for which the employee qualifies, the EMPLOYER
agrees to consider waiver of the qualifications
in light of the availability of
vacant positions, provided the employee is able to perform work in the
comparable position without undue interruption to the mission of the EMPLOYER
and the employee meets the minimum educational requirements.
Section 24.19 Employees shall be entitled to
severance pay in accordance with applicable laws and regulations.
Section 24.20
(a) Employees in the excepted service shall compete
within competitive levels, in order of retention standing as specified in OPM
regulations. However, EEOC will not
provide retreat rights for its excepted service employees.
(b) After receipt of the EMPLOYER's offer, an
employee may request an assignment to a vacant position for which he/she is
qualified at his/her same or lower grade.
The EMPLOYER agrees to consider such request.
Article 25.00 Employee Personnel Files
Section 25.01 The EMPLOYER shall not, without the
employee's knowledge, place in an employee's Official or duplicate Personnel
Folder (OPF) or Employee Performance File (EPF) material of any nature which
may reflect adversely upon the employee.
A copy of any adverse material to be placed in the OPF or EPF will be
simultaneously dispatched to the affected employee, unless prohibited by
government-wide rules or regulations.
Section 25.02 The Agency shall maintain the
employee's original OPF in Washington, D.C.
The original OPF shall be the bargaining unit employee's official personnel
record. Each District Office shall
maintain a duplicate OPF and the EPF.
EPFs for Headquarters employees will be maintained in Headquarters.
Section 25.03 The office having custody of the
official and/or duplicate OPFs and EPFs shall permit personal inspection by the
employee and/or his/her authorized Representative of the employee's OPF and
EPF. Upon request, the file shall be
made available to the employee or his/her authorized Representative no later
than the next work day or, in the event the employee is in an office other than
the custodial office, within approximately five (5) work days after receipt of
the request.
For such personal inspection, the
OPF, duplicate OPF, and EPF will not be removed from designated personnel
locations by the employee or his/her Representative and must be reviewed in the
presence of a member of the personnel staff or an appropriate Management
Official or designee. Every effort will be made to afford privacy to the
employee and his/her Representative, whenever practicable, consistent with the
required security of the file. When an
employee or his/her Representative is reviewing the OPF, a copy of any document
initiated by the EMPLOYER which is in the OPF shall be given to the employee or
his/her Representative, upon request, unless prohibited by government-wide rule
or regulation.
Employees have the right to have
access to the kinds, format and location of all records that are maintained and
are filed in a system of records under personal identifier (e.g., social security)
numbers. Upon request, employees may review and/or obtain copies of records or
documents being maintained by the EMPLOYER.
The EMPLOYER will provide an annual notice to employees reminding them
of their right to review personnel records or documents maintained by the
EMPLOYER. This reminder will be
provided on employees' Leave and Earning Statements via the Agency's
personnel/payroll system (FPPS).
Section 25.04 Any information contained in the
employee's OPF or EPF which the employee believes to be inaccurate or
incomplete shall be subject to amendment by written request of the employee in
accordance with the Privacy Act of 1974, as amended, 5 U.S.C. § 552a, and 5
C.F.R. §§ 297.301-308. The request for
amendment shall be sent to the Director, Office of Human Resources or the
District Director or his/her respective designee. The request must provide sufficient information to identify the
employee, the issue giving rise to the request and a statement with any
supporting evidence which provides reasons why the amendment should be
made. The EMPLOYER shall within 30 days
make a determination whether the employee's request is substantiated prior to
any disclosure or use of the subject record.
If, on administrative review, the employee's request for amendment is
denied, the employee may file with the EMPLOYER a concise statement of his/her
reasons for disagreement with the denial.
When such a statement is filed, the EMPLOYER shall sufficiently annotate
the record so that the fact of the disputed record, or portion thereof, will be
apparent and provide copies of the employee's statement to persons or other
agencies to whom the disputed record is disclosed.
Section 25.05 The security of OPFs and EPFs shall be
maintained in accordance with applicable government-wide rules and
regulations. In transporting an OPF or
EPF, the file shall not be handled by any person not authorized by OPM
regulations, the applicable government-wide rules and regulations or the
employee. The EMPLOYER shall utilize
OPFs and EPFs and make disclosures to persons other than the subjects of such
files in accordance with the law and applicable government-wide rules and
regulations. When Management Officials
have a need to review OPFs or EPFs in line with official duties, the file
control document for each OPF or EPF shall be annotated with the name of the
official making the request and the dates the folder was signed out and
returned. Upon request, the employee
can review the control document for his/her OPF/EPF. The employee's designated Representative must have the employee's
written authorization to review the employee's OPF/EPF or the control document.
Section 25.06 The District Office will maintain a
duplicate OPF on its employees. The
duplicate OPF, at a minimum, will contain:
(a) Notification of Personnel Action - SF-50;
(b) Request for Personnel Action - SF-52, if
applicable;
(c) Appointment Affidavits - SF-61;
(d) Statement of Prior Federal Service -
SF-144;
(e) Civil Service Commission/OPM forms or
letters which authorize competitive status, a non-competitive appointment, an
excepted appointment or appointment above the minimum hiring rate;
(f) Payroll Change Slip - SF-1126, if prior
to 01/01/82;
(g) Designation of Beneficiary - SF-54;
(h) Current Life Insurance Election SF-176 -
SF-2817;
(i) Current Health Benefits form;
(j) Current TSP form;
(k) Pay change notices;
(l) Certificate of Release or Discharge from
Active Duty, DD Form 214 (military service); and
(m) Application for Veteran Preference - SF-15,
if applicable.
Section 25.07 Copies of employees' performance
ratings of record, including the performance plans on which the ratings are based
and other performance-related documents must be placed in the EPF.
Section 25.08 Performance ratings of record,
including the performance plans on which they are based, shall be retained for
four (4) years in accordance with 5 C.F.R. § 293.404(a)(1)(i). Pursuant to 5 U.S.C. § 4303(d), when an
employee is not reduced in grade or removed because of improved performance
during the advance notice period, and the employee's performance continues to
be acceptable for one (1) year from the date of the advance written notice,
then any entry or other notation of the unacceptable performance for which the
action was proposed, shall be removed from the employee's file.
Section 25.09 Performance-related material
maintained in a work folder to assist the supervisor/manager in accurately
assessing employee performance may include transcripts of employment and
training history, documentation of special licenses, certificates, or
authorizations necessary in the performance of the employee's duties,
information regarding specific employee problems and other such records that
the EMPLOYER determines to be appropriate for retention in the work
folder. These documents shall be
available to employees in accordance with the procedures for EPFs in this
Article.
Section 25.10 Individual personal non-agency
records, which are retained by the supervisor for his/her personal use as a
memory aid and which are not under the control of the Agency (i.e., they may be
retained or discarded solely as the supervisor sees fit) will be kept in a
secure fashion, will not be circulated or reviewed outside the employee's chain
of command and will not be available to employees. Any such documentation used to support any disciplinary or
adverse action will be made available to the employee and his/her
Representative in accordance with Articles 38 and 39 of this Agreement.
Section 25.11 When an employee in a Field Office leaves
the Agency, the employee's EPF (containing the performance ratings of record
that are three (3) years old or less, the performance plan on which the last
rating was based and the summary rating prepared because the employee is
leaving the position) will be sent, within 10 work days after the employee's
separation, to Office of Human Resources
in Headquarters for proper disposition.
The duplicate OPF will be disposed of by the Field Office that maintains
the file in a manner that continues to assure the security and the
confidentiality of the file.
Article 26.00 Safety and Health
Section 26.01 The EMPLOYER and the UNION agree that it is
the right of every employee to work in a physical environment free of health or
safety hazards. Any employee also has
the right to report unsafe or unhealthy working conditions. To the fullest extent of its authority, the
EMPLOYER shall provide and maintain a safe workplace for its employees, and
comply with all applicable Federal laws and regulations relating to the safety
and health of its employees.
The Parties agree detection and
correction of unsafe and unhealthy working conditions at the earliest possible
time are essential elements of the Safety and Health Program. Each safety and health representative shall
be provided with a copy of the Agency's Safety and Health Handbook.
Section 26.02 Upon a supervisor being notified or if the
supervisor is unavailable, another management official, of a possible hazardous
condition which presents an imminent danger to the safety and health of
employees and/or will interrupt EMPLOYER operations, the supervisor shall
immediately inspect the area or condition and determine whether it is safe for
the employee to continue working in the area.
If immediate inspection and/or assessment cannot be made, the supervisor
shall direct the employee to a non-hazardous worksite.
When physical conditions present an
imminent danger to the safety and health of employees and the EMPLOYER is
unable to provide an alternative work station, the Field Office Director or the
Headquarters designee shall grant excused leave when he/she determines that the
problem cannot be corrected before the end of the employee's tour of duty.
Section 26.03 An employee may depart from his/her work
station or decline to perform an assigned task without permission of his/her
supervisor only when the employee reasonably believes that under the
circumstances he/she is exposed to a health or safety hazard presenting an
imminent risk of death or serious bodily harm and that there is insufficient
time to seek redress first from the EMPLOYER.
In such an event, the employee shall remain on or near the premises and
be immediately available for recall to work.
Section 26.04 The EMPLOYER shall select a Safety and
Health Officer from Headquarters who shall monitor the development and
implementation of the EMPLOYER's overall program. The Safety and Health Officer will be responsible for selecting a
representative from each Headquarters, District, Area, Local and Field Office
in order to monitor and assist in carrying out the Agency's Safety and Health Program. The UNION will designate a Safety and Health
Officer in each office who will work with the Management Representative as a
team to resolve safety and health issues.
The Safety and Health Representatives shall address issues such as Video
Display Terminals (VDTs), security plans, ergonomics, employee assistance
programs, environmental hazards and emergency release procedures (i.e.,
inclement weather or building conditions).
The Parties agree that their
representatives will communicate on matters of safety and health on the basis
of complete and open disclosure and ensure the dissemination of information on
safety activities to all employees. The
UNION's Safety and Health Representatives shall attend safety and health
training on official time. The Safety
and Health Representatives shall periodically arrange training and inspect the
EMPLOYER's premises and report their findings and recommendations to the
appropriate Office Director and the EMPLOYER's designated Safety and Health
Officer.
Section 26.05 The EMPLOYER shall continue to utilize the
services of health services or other authorized health facilities authorized by
the Office of Management and Budget (OMB) Circular No. A-72 and the Federal
Employees' Compensation Act for the treatment of work-related illness or
injuries resulting from work-related accidents. Wherever possible, health facilities shall be located on the
EMPLOYER's premises. An appropriate
first-aid kit shall be available at every facility. EMPLOYER and/or the UNION may offer assistance to an employee
with a medical emergency while on official duty status.
Section 26.06 The EMPLOYER shall carry out General
Services Administration (GSA) regulations on smoking and any other
government-wide laws, rules or regulations on smoking. Internal training conferences and meetings
shall be non-smoking.
The EMPLOYER supports and
encourages its employees to quit smoking.
All EEOC offices are encouraged to schedule smoking cessation classes offered through their Employee Assistance
Program (EAP). Participation in the
smoking cessation classes shall be voluntary.
Section 26.07 The policy of the EMPLOYER is to provide
safe and healthful workplaces for all EEOC employees. In keeping with the policy, the EMPLOYER acknowledges that there
are certain ergonomic and environmental factors that can contribute to the
health and comfort of Video Display Terminal (VDT) users.
These factors involve the proper
design of workstations and the education of managers, supervisors, and
employees to the ergonomic job design, and organizational solutions to VDT
problems as recommended in various studies published by the National Institute
for Occupational Safety and Health.
Section 26.08 The EMPLOYER shall ensure that all Video Display
Terminal/Cathode Ray Tube (VDT/CRT) equipment used by employees is properly
installed and maintained. Upon request
of an employee engaged in the use of VDT/CRT equipment, the employee's
supervisor will grant a change in work duties not requiring use of the VDT/CRT
equipment for at least 10 minutes after two (2) hours of continuous work on
such equipment.
Section
26.09 Employees may voluntarily
seek counseling, referral and information from the EAP on a confidential basis;
or managers and supervisors may refer employees to the EAP. An employee who participates in the EAP is
assured that information relating to his/her care will not be released to
anyone, including his/her supervisor, without the written consent of the
employee.
Section
26.10 At least once a year, the
EMPLOYER will make employees aware of the EAP and the services it provides.
Newly hired
employees will receive appropriate EAP materials at their EEOC orientation.
Within 60 days
of the change in any EAP contractor, or any change in the nature of services
provided, all affected employees will be notified in writing by the EMPLOYER.
Section
26.11 Nothing in this Article is
intended to replace or supersede procedures in other Articles of this Agreement
covering individual health problems (e.g., On-the-Job-Injury, Sick Leave).
Section
26.12 The EMPLOYER agrees to make
available to employees when using a government vehicle a cell phone with long
distance and roaming capabilities, as well as a cell phone battery charger. The cell phone is provided for emergency use
only. For employees who have been
approved to use privately owed vehicle (POV) on official travel and where there
is not an available agency cell phone,
the EMPLOYER will reimburse employees for the use of personal cell
phones for emergency purposes only.
Reimbursement shall not normally exceed $7.50. Reimbursement for calls in excess of $7.50 will be considered on
a case-by-case basis with documentation of the specific cell phone call(s) from
the cell phone provider.
Article 27.00 On-The-Job Injury
Section
27.01 Employees with duties and
responsibilities related to the Federal Employees' Compensation Act (FECA), 5
U.S.C. §§ 8101 et seq., EEOC Order 570.006 and other appropriate rules and regulations
regarding rights and obligations governing employee compensation or other
entitlements involving traumatic injury or occupational disease shall be
provided appropriate orientation, training, guidance, necessary forms and
technical data to carry out their duties.
Section 27.02 The term "injury" includes, in
addition to injury by accident, a disease proximately caused by the
employment. Employees who become
injured in the performance of their duties shall be advised by their supervisors
and/or personnel staff regarding the right to file for compensation benefits
and the benefits payable.
A "traumatic injury" is
defined as a wound or other condition of the body caused by external force,
including stress or strain. The injury must
be identifiable as to time and place of occurrence and member(s) or function of
the body affected and be caused by a specific event or incident or series of
events or incidents within a single day or work shift.
An “occupational disease” or
“illness” is defined as a condition produced by the work environment over a
period longer than a single workday or shift.
An occupational disease or illness
can be produced by systemic infections; continued or repeated stress or strain;
exposure to toxins, poisons, fumes, noise, etc. or other continued and repeated
exposure to conditions of the work environment over a longer period of time (at
least two work days).
Section 27.03 An employee who sustains a disabling,
job-related traumatic injury, supported by acceptable medical documentation, is
entitled to continuation of pay (COP) instead of sick or annual leave
for a period of up to 45 calendar days.
However, in no event shall this be construed as requiring continuation
of a person's employment beyond the date it would have terminated had the
employee not been injured.
A properly completed Form CA-1,
Federal Employee's Notice of Traumatic Injury and Claim for Continuation of
Pay/Compensation must be filed with the employee's supervisor as soon as
possible. The supervisor will complete
and sign the receipt of notice of injury portion of the Form CA-1 and return it
to the employee.
The EMPLOYER will promptly submit
the notice and claim to the Office of Workers' Compensation Program (OWCP)
District Office no later than two (2) work days after receipt of the
Form CA-1 from the employee. If the employee continues to be disabled for
work supported by acceptable medical documentation following the continuation
of pay, the employee is entitled to receive compensation payments from the
OWCP. The EMPLOYER will assist the
employee in completing the necessary application forms. Sick and annual leave may then be used, and
afterward may be repurchased in accordance with OWCP procedures.
Upon request, leave may be advanced
up to the maximum allowable by law as required during absences due to the
injury, and the amount of leave owed shall be entered in the employee's time
and attendance records. If the EMPLOYER
denies a request for advanced leave, the employee will be notified in writing.
Section 27.04 For an occupational disease, an employee or
someone acting on behalf of the employee, is required to give written notice as
soon as possible but normally no later than 30 calendar days after the employee
becomes aware of the condition, to the employee's supervisor. The affected employee or someone acting on
behalf of the employee shall file a completed Form CA-2, Notice of Occupational
Disease and Claim for Compensation, with the employee's supervisor. The EMPLOYER will promptly submit the claim
to the OWCP but no later than two (2)
work days after receipt of the Form
CA-2 from the employee.
Section 27.05 The employee shall notify his/her
supervisor as soon as possible, but no later than 30 calendar days after
sustaining a job-related traumatic injury.
When an injury is reported to the supervisor, the supervisor shall
immediately inform the employee, if appropriate, that he/she should go to the
nearest available U.S. Medical Officer, or hospital, including any appropriate
health unit on the premises, or at the employee's option, to a duly qualified
physician or hospital of the employee's choice in the area. In emergency cases, when the employee is
unable to indicate a preference, the EMPLOYER shall provide appropriate
emergency care at the nearest duly qualified U.S. Medical Officer or hospital.
As soon as practicable after
receiving medical attention, the employee shall submit acceptable medical
documentation (CA-17, Duty Status Report or a CA-20, Attending Physician's
Report) stating the nature of the injury and the expected disability period.
Section 27.06 If an employee would have been compensated
but for administrative errors by the Agency which affect the processing of an injured
employee's claim, the EMPLOYER will take prompt action to correct such errors,
including restoration of leave and pay.
Section 27.07 Repurchase Agreements
If an employee uses leave during a
period of disability caused by an
occupational disease or illness or an on-the-job injury, and a claim for
compensation is approved, the employee may, "buy back" the used leave
and have it recredited to the employee's account. To buy back leave, an
employee who has sustained an on-the-job injury must submit a written request
in accordance with OWCP procedures.
Section 27.08 Any files maintained by the EMPLOYER
pursuant to the application of this Article shall be available for review by
the employee or his/her designated Representative in accordance with applicable
laws, rules or regulations.
Section 27.09 The supervisor shall inform the employee
whether continuation of pay will be controverted, and if so, whether the
pay will be terminated and the basis
for this action. The EMPLOYER may
terminate pay only for those reasons specified on Form CA-1 and by
government-wide rules or regulations.
Article
28.00 Leave
Section 28.01 This Article sets forth the Agency's
policies and procedures for leave administration for bargaining unit employees. Such administration will be in accordance
with the requirements of 5 U.S.C. §§ 6301 et seq., 5 C.F.R. Part
630, EEOC Order No. 550.007 and any other applicable government-wide orders,
rules or regulations relating to leave.
Annual Leave
Section 28.02 Annual leave is the earned right of each
employee. It is the employee's option
to select the amount and time he/she wishes to take annual leave, subject to
approval of the immediate supervisor.
(a) The Parties agree that employees are
encouraged to manage annual leave in such a way they can request and the
supervisor can grant at least two (2) consecutive weeks of annual leave each
leave year.
(b)
Permanent employees have the right to
request advance annual leave. Annual
leave may be advanced for periods not to exceed the amount the employee would
accrue for the remainder of the current leave year and the employee is expected
to remain in service through the leave year.
Advanced annual leave must be requested on a SF-71, Application for
Leave, accompanied by a brief explanation for the advanced leave.
Section 28.03 Employees should submit a SF-71 when
requesting leave. Whenever possible
annual leave should be requested at least one (1) week in advance. A supervisor will act on an employee's leave
request in a timely manner, normally within three (3) work days of
receipt. When denying annual leave
requests, the supervisor shall notify the employee involved. Denial of annual leave must be accomplished
by a completed SF-71 setting forth specific reason(s) for denial and the
date(s) when the employee can take the requested leave.
Section 28.04 Employees' requests for emergency leave
shall normally be acted upon immediately.
The supervisor may inquire into the nature of the emergency.
Section 28.05 The EMPLOYER shall issue an annual notice to
employees regarding use or lose leave.
It shall be the joint responsibility of the employee and the EMPLOYER to
insure that annual leave is not forfeited.
The supervisor shall make every attempt to notify the employee of any
cancellation of approved leave in sufficient time to allow the employee to
reschedule use of his/her leave.
Section
28.06 An employee on approved leave
shall not be called back to work except in cases where unforeseen emergencies
arise and the EMPLOYER has made every effort to avoid such a change. Leave reimbursement shall be in accordance
with applicable law.
Sick Leave
Section 28.07 Sick leave shall be granted to employees in accordance
with applicable laws, government-wide rules and regulations, and EEOC orders
and directives. Approval of sick leave
shall be granted to an employee when the employee:
(a) receives medical, dental, or optical
examination or treatment;
(b) is incapacitated for the performance of
duties by physical or mental illness, injury, pregnancy, or childbirth;
(c) provides care for a family member as a
result of physical or mental illness; injury; pregnancy; childbirth; or
medical, dental, or optical examination or treatment;
(d) makes arrangements necessitated by the
death of a family member or attends the funeral of a family member;
(e) would, as determined by the health
authorities having jurisdiction or by a health care provider, jeopardize the
health of others by his/her presence on the job because of exposure to a
communicable disease; or
(f) must be absent from duty for purposes
relating to the adoption of a child.
Section 28.08 The Federal Employees Family Friendly Leave
Act, 5 U.S.C. § 6307, limits the amount of sick leave an employee may use for
purposes described in Section 28.07 (c) and (d) but does not otherwise restrict
the number of hours an employee may use for purposes described in Section 28.07
(a), (b), (e) and (f).
(a)
Full-time employees may use up to a
total of 40 hours of sick leave each year for purposes described in Section
28.07 (c) and (d). Those who retain
sick leave balances of at least 80 hours may use an additional 64 hours of sick
leave, bringing the total amount of sick leave that may be used for these
purposes to a maximum of 104 hours per year.
(b) Part-time employees or employees with
uncommon tours of duty may use an amount equal to the average number of hours
of work in their scheduled tours of duty each week. Those who retain sick leave balances equal to at least twice the
average number of hours of work in their scheduled tour of duty each week may
use up to the amount of sick leave normally accrued during a leave year.
Section 28.09 Employees shall request advance approval for
sick leave for the purpose of receiving medical, dental, or optical examination
or treatment and, to the extent possible, for the purposes described in Section
28.07 (c), (d) and (f).
When the need for sick leave is unanticipated,
the employee will notify his/her supervisor as soon as possible but normally
within one (1) hour of the beginning of the office core hours to apply for
appropriate leave. Subject to
supervisory approval, the employee need not notify the supervisor each work day
if the employee's incapacitation will require him or her to be absent longer
than one (1) day provided the employee gives an expected date of return.
Section 28.10 When an employee's sick leave balance has
been exhausted, the employee may request advance sick leave, not to exceed 40
hours for purposes described in Section 28.07 (c) and (d) or not to exceed 240
hours for all other purposes described in Section 28.07. The following requirements must be met:
(a) the SF-71 is supported by a medical
certificate or other administratively acceptable evidence;
(b) repayment can reasonably be expected
through leave accruals; and
(c) the employee is not currently under a
leave restriction.
No sick leave may be advanced for
the purpose of meeting the requirement to retain a minimum sick leave balance
or for using additional sick leave for the purposes described in Section 28.07
(c) and (d) when such use would otherwise cause the employee's sick leave to
fall below the minimum required.
Section 28.11 An employee may, at his/her option, elect to
use accrued annual leave in place of sick leave with the approval of the
supervisor as described in Section 28.03.
Section 28.12 An employee who becomes ill while on annual
leave may have the time of illness changed to sick leave provided that the
employee notifies the supervisor on the first day of the illness and otherwise
complies with the requirements of Section 28.09 of this article.
Section 28.13 A medical certificate will not be required
to substantiate a request for approval of sick leave for three (3) days or less
unless the employee has been previously notified in writing of suspected abuse
of sick leave. An employee will not
receive such a notice unless the employee has first been verbally counseled by
the supervisor on at least one (1) occasion.
A medical certificate is defined as
a written statement signed by a registered practicing physician or other health
care provider as defined in 5 C.F.R.§ 630.1202 certifying to the
incapacitation, examination or
treatment, the period of disability while the patient was receiving
professional treatment and the time when the employee is expected to return to
full or limited duty.
Each employee to whom a leave
restriction notice has been issued shall have the case reviewed to determine
continuance or withdrawal of the written notice. Such review shall be conducted at the Agency's discretion or
within 90 days at the employee's request.
Section 28.14 In lieu of sick leave and upon request of
the employee, the EMPLOYER will consider, on a case by case basis, the
temporary accommodation of an employee whose physician certifies that the
employee has become partially incapacitated.
The employee's claimed condition is subject to examination by an
Agency-approved medical doctor. Such
accommodation will be made in a fair and impartial manner and shall not
adversely affect other bargaining unit employees.
Section 28.15 The Parties will treat as confidential any medical
information given by an employee in support of a request for sick leave. The EMPLOYER may disclose such information
subject to its Privacy Act (5 U.S.C. § 552a) obligation, for work related
reasons, on a need to know basis only.
The Family and Medical Leave Act
of 1993
Section 28.16 Consistent with the Family and Medical Leave
Act of 1993 (FMLA), 5 U.S.C. §§ 6381 et seq., eligible employees
are entitled to a total of 12 weeks of unpaid leave during a 12-month period
for one or more of the following reasons:
(a) the birth of a son or daughter of the
employee and the care of such son or daughter;
(b) the placement of a son or daughter with
the employee for adoption or foster care;
(c) the care for a spouse, son, daughter or
parent of the employee, if such spouse, son, daughter or parent has a serious
health condition; or
(d) the employee has a serious health
condition that makes the employee unable to perform the essential functions of
his or her job.
When an employee requests leave
under FMLA, leave without pay (LWOP) shall be granted and used provided that
the notification, medical certification and other requirements are met.
Section 28.17 A "serious health condition" means
an illness, injury, impairment or physical or mental condition that involves:
(a) Incapacitation or treatment in connection
with inpatient care in a hospital, hospice or residential medical care
facility;
(b) Continuing treatment by a health care
provider for a chronic or long term condition; and
(c) Prenatal care.
The definition of a "serious
health condition" is intended to cover various types of physical and
mental conditions and illnesses that require an employee to be absent from work
on a recurring basis of more than a few days.
With respect to care for a spouse, child or parent, a "serious
health condition" is intended to cover conditions and illnesses that make
the spouse, child or parent unable to participate in school or in his or her
regular daily activities for more than a few days. "Serious health condition" does not cover short-term
conditions for which treatment and recovery are very brief.
Section 28.18 An employee must request leave under FMLA 30
calendar days before the date leave is to begin. When unforeseeable circumstances prevent 30 days notice, the
employee must contact the supervisor as soon as possible.
Section 28.19 A request for FMLA leave under Section 28.14
(c) and (d) of this Agreement must be supported by medical certification of the
health care provider of the employee or the employee's spouse, son, daughter or
parent consistent with 5 C.F.R. § 630.1207.
Generally, the certificate will cover, (1) the date the health condition
commenced, (2) the nature of the employee's incapacitation or treatment or the
need for the employee to assist with a spouse, son, daughter or parent under
treatment and (3) the probable duration of the condition.
A request for FMLA leave under
Section 28.16 (a) and (b) of this agreement must be accompanied by supporting documentation
or an acceptable statement on the SF-71.
Section 28.20 An employee may elect to substitute paid
time off, e.g., annual leave, sick leave (as appropriate), compensatory time
off or credit hours, for leave without pay under the FMLA. The employee must notify his/her supervisor
of this election prior to the date leave commences.
Section 28.21 Any other questions concerning FMLA leave
will be covered by 5 C.F.R. §§ 630.1201 et seq., EEOC Order No.
550.007 and other applicable laws, government-wide rules and regulations.
Other Leave
Section 28.22 In accordance with applicable laws,
government-wide rules, regulations, or
EEOC Orders or directives, an employee is entitled to seven (7) days of excused
absence each calendar year, without loss of pay, to serve as a bone-marrow or
organ donor.
Section 28.23 Employees requiring time off for religious
observance shall, at their option, make up the time by working compensatory
overtime before or after the time off.
Any employee who elects to work compensatory overtime for this purpose
is entitled to an equal amount of compensatory time off (hour for hour) from
his/her scheduled tour of duty. A grant
of advanced compensatory time off must be repaid by the appropriate amount of
compensatory overtime within a mutually agreed upon time. An employee's request
to work compensatory overtime or to take compensatory time off for this purpose
may be disapproved by his or her supervisor if such modifications to work
schedules would interfere with the efficient accomplishment of the Agency's
mission.
Section 28.24 Employees shall be granted necessary time
off without charge to leave or loss of pay for jury duty or to serve in
non-official capacity as a witness on behalf of a Federal, State or local
government.
Section 28.25 Employees who donate blood during blood
drives may be granted up to a maximum of four (4) hours of excused absence
commencing immediately after the donation. If necessary additional recuperative
time will be provided; however, the total administrative leave will be limited
to the remaining scheduled hours of duty.
Leave Without Pay
Section 28.26 It is recognized that leave without pay
(LWOP) is a temporary non-pay status requested by the employee and authorized at
the discretion of the EMPLOYER.
Excused Absences
Section 28.27 Employees may be excused to permit them to
report for work three (3) hours after the polls open, or to leave work three
(3) hours before the polls close, whichever results in the least amount of time
absent from duty.
Section 28.28 Permanent and career-conditional employees
who are members of the National Guard, or reserve unit of the Armed Forces
(that is, Army, Navy, Air Force, Marines or Coast Guard), shall be entitled to
military leave under 5 U.S.C. §§ 6323 et seq., for each day of
active duty in such organizations up to a maximum of 15 calendar days in any
fiscal year. Military leave, not to
exceed 15 calendar days, which is unused at the beginning of the succeeding
fiscal year will be carried forward for use in that fiscal year only. This gives a full-time employee the
potential for 30 calendar days of military leave during a fiscal year (less for
part-time employees).
Regular military leave is charged
in increments of one day and is charged only for those days in which the
employee would otherwise be in a duty status.
Approval of military leave provided
in the foregoing shall be based on a copy of the orders directing the employee
to active duty and a copy of the certificate on completion of such duty.
Section 28.29 In accordance with law and regulations, an
employee who performs military aid to enforce the law or provide assistance to
civil authorities in the protection of or saving of life or property, or to
prevent injury, is entitled to twenty-two (22) workdays of leave in a calendar
year. The leave may be drawn from annual leave or compensatory leave balances
of the employee, but not from sick leave.
Section 28.30 Any other questions concerning leave shall
be governed by Section 28.01.
Article 29.00 Part-time Career Employment Program
Section 29.01 The Part-time Career Employment
Program shall be administered in accordance with EEOC Order No. 520.001 and
involves employment of 16 to 32 hours a week with comparable adjustments made
when working under a flexible work schedule.
Part-time employment includes job sharing which is the employment of two
(2) or more employees in a position that was formerly full-time. If an employee wishes to change to part-time
(or participate in job sharing), he/she must make a formal request to the
immediate supervisor on EEOC Form 454, Request for Change to Part-Time
Employment.
A copy of EEOC Order No. 520.001
entitled Part-time Career Employment Program shall be issued to all employees
in the first year of the Collective Bargaining Agreement and a copy shall be
given to all new employees during the life of this Agreement. Information on the evaluation and reporting
of the program shall be provided to the UNION.
The UNION will be given an opportunity to conduct impact and
implementation negotiations of any changes in the Order, prior to
implementation.
Article 30.00 Hours of Work
Section 30.01 The administrative work week is a
period of seven (7) consecutive calendar days within which the basic work week
is included. The basic work week shall
normally consist of five (5) work days, Monday through Friday.
Section 30.02 Employees shall be entitled to all
holidays prescribed by current or future law, in addition to any special
holidays designated by the President of the United States.
Section 30.03 The EMPLOYER will maintain a Flexible
Work Schedule and Compressed Work Schedule Program for employees
Section
30.04 For the purposes of this
Article, the following definitions shall apply:
(a) The basic work week shall consist of five
(5) work days, Monday through Friday.
(b) Flexible Work Schedule means a
system of work scheduling which splits the work day into two (2) distinct kinds
of time, core time and flexible time.
The two (2) requirements under any flexible work schedule are:
(1) the employee must be at work during core
time; and
(2) the employee must account for the total
number of hours he/she is scheduled to work.
(c) The Flexible Work Schedule Program shall
consist of:
(1) Flexitour which is a flexible schedule
containing core time on each work day in which an employee having once selected
starting and stopping times within the flexible band, continues to adhere to
those times.
(2) Gliding Schedule which is a flexible
schedule in which an employee has a basic work requirement of eight (8) hours
in each day and 40 hours in each week, and may select an arrival time each day
and may change the arrival time daily as long as it is within the established
flexible time band.
(d) Compressed Work Schedule is any
schedule under which a full-time employee fulfills an 80-hour biweekly work
week in less than 10 work days. The
Compressed Work Schedule Program shall consist of:
(1) 5/4/9 in which employees works 80 hours
for the biweekly pay period: five (5)
days in one week and four (4) days the next week with one (1) day off.
(2) 4/10 in which employees work a four (4)
day week for a total of 40 hours each week with one (1) day off.
(3) 4/9/4 in which employees work four (4)
nine (9) hour days and one four (4) hour day per week, for a total of 40 hours
per week and 80 hours per pay period.
(e) Core time is designated hours and
days during the biweekly pay period when an employee must be present for
work. Core hours must be scheduled
between six (6) a.m. and six (6) p.m.
(f) Flexible Time Band is that portion
of the work day during which the employee has the option to request starting and
finishing times within established limits.
Section 30.05
(a) One (1) Flexible Work Schedule and two (2)
Compressed Work Schedule Programs shall be adopted by each Headquarters Office
and District/Field Office Director in consultation with the Local UNION. An Office Head of a facility with less than
20 employees must adopt one (1) of the listed Flexible Work Schedule Programs,
and may adopt a Compressed Work Schedule Program if consistent with the mission
of the EMPLOYER. The Flexible and
Compressed Work Schedule Programs shall be available in accordance with the
Local Agreement, to all employees performing at the "proficient"
level or better.
(b) If a Headquarters Office or District/Field
Office Director determines that an additional Flexible Work Schedule and a
Compressed Work Schedule Program, as described in Section 30.04, are feasible
and desirable, such Program(s) may be established and will be subject to Local
negotiations.
Section 30.06 Under the Flexible Work Schedule and
Compressed Work Schedule Programs, the flexible time band will be negotiated at
the Office level, provided that no band shall obligate the Agency to pay a
night differential.
Section 30.07 Credit Hours
Only employees working under a
Flexible Work Schedule who work beyond their eight (8) hour work day may earn
credit hours with supervisory approval.
An employee may not earn more than eight (8) credit hours in a pay
period or accrue or carryover more than eight (8) credit hours. Earned credit hours must be used by the
employee with the approval of the supervisor.
Earned credit hours must be used before compensatory time or annual
leave. Credit hours are limited to
eight (8) hours per pay period. Any
hours authorized to be worked in excess of the eight (8) hours shall be treated
as overtime.
In accordance with 5 U.S.C. §
6121(4), employees on Compressed Work Schedule Programs may not earn credit
hours.
Section 30.08 Local negotiations shall address core time,
flexible time bands, slide and glide provisions (i.e., grace period for
arrivals and departures), off days, time and attendance accounting procedures
and guidelines for resolving conflicts between coverage of the EMPLOYER's
operations and an employee's requested tour of duty.
Section 30.09
(a) Employees who choose not to participate in
the Flexible Work Schedule or Compressed Work Schedule Programs shall work the
basic work week, five (5) days a week, according to the official duty hours of
their respective offices.
(b) All employees shall be given the
opportunity to select a Flexible Work Schedule or Compressed Work Schedule on a
quarterly basis unless otherwise agreed.
Section 30.10
(a) The EMPLOYER may exclude or terminate a
Flexible Work Schedule or Compressed Work Schedule Program at any facility, or
portion thereof, in accordance with 5 U.S.C. § 6122(b), where the program
causes a reduction in productivity, a diminished level of service furnished to
the public or component of the EMPLOYER or an increase in the cost of the
EMPLOYER's operations, other than those incidental to the start-up of the
program. The EMPLOYER will bear the
start-up costs of the Program.
(b) Specific employees may be excluded from
the Flexible Work Schedule and/or Compressed Work Schedule Program(s) on the
basis of documented attendance and/or misconduct problems related to time and
attendance or poor performance or changing workload requirements where
continued inclusion will have an adverse effect on the program or workload.
Article
31.00 Overtime
Section 31.01 The assignment of overtime work is a
function of the EMPLOYER. The EMPLOYER
retains the right to determine the need for overtime work.
Section 31.02 When the EMPLOYER determines that overtime
is required, affected employees shall be given at least one (1) day's advance
notice whenever possible. The EMPLOYER
shall take reasonable precautions to alleviate adverse effects on employees
when dealing with overtime work assignments.
Section 31.03 Overtime shall be distributed fairly among
employees based upon skills, performance, availability and the nature of the
work. It is understood that an employee
who is satisfactorily performing a particular job during regular working hours
shall be given first consideration and the opportunity to perform any overtime
work that may be required on that job.
Next consideration shall be given to those employees in the work unit
who volunteer, who are qualified to perform the work and who can satisfactorily
perform the job.
Section 31.04 If an employee is called back to work, any
overtime work he/she performs will be considered to be at least two (2) hours
in duration for overtime pay purposes.
Section 31.05 Overtime work must be authorized in advance;
however, all required or approved work performed outside the basic work week
shall be compensated in accordance with applicable overtime laws and
regulations of OPM. It is the
EMPLOYER's responsibility to ensure that the employee's workload can reasonably
be accomplished within the employee's regularly scheduled work day or work
week. It shall be the employee's
responsibility to inform the EMPLOYER whenever the assigned workload is
requiring more time than normally scheduled.
Section 31.06 Non-exempt employees who work overtime shall
be paid at the rate of one and one-half (1-1/2) times the rate of regular pay
or within regulatory limits. In
accordance with applicable law, government-wide rules or regulations, these
employees may elect to receive compensatory time in lieu of pay. Non-exempt employees shall not work overtime
when overtime pay is not available.
Section 31.07 All bargaining unit employees classified as
non-exempt under the Fair Labor Standards Act shall be compensated in
accordance with applicable laws and regulations for work performed as
overtime. For employees to receive
overtime, all overtime must be officially ordered or approved, and