OFFICIAL TIME
Department of the Army, Headquarters 10th Mountain Division and Fort Drum, Fort Drum, New York and Local 400, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 94, January 2, 1998 (Release No. 405).
The AGENCY proposed the following:
Section 1
Meetings between the Union and the Employer normally will take place during the time official time may be authorized. This is not meant to preclude meetings at other hours as mutually agreed upon.
Section 2
In the interests of efficient conduct of government business and the economical use of government time, and in order to draw a reasonable distinction between official and non-official activities concerned with the internal management of labor organizations such as membership meetings, solicitation of membership, collection of dues, campaigning for labor organizations offices, and distribution of literature will be conducted outside of regular working hours or in a non-duty status; and none of the above activities will be done at Employee work stations. Literature may be distributed to Employees in break rooms or handed out in break areas.
Section 3
The Union agrees to provide to the LRO a copy of literature (other than membership benefit information) distributed/handed out in mass distribution to Employees on Fort Drum.
Section 4
The Employer agrees to recognize the right of the Union to designate six shop stewards plus a Chief Steward. No more than one steward may come from any one office or lowest organizational subelement or be located in the same office or lowest organizational subelement as an officer.
Section 5
The Union will provide the Employer the names of officers and stewards. For the purposes of granting official time the Union will notify the Employer of which three officers are on the three banks of time and another three officers will be treated as stewards for official time purposes. The Union will notify the LRO of any changes, and the appointed individual will be authorized to request official time beginning on the date agreed upon by the LRO and the Union, which will be not more than 5 days after notification. This is to ensure coordination with appropriate supervisors for authorizing official time.
Section 6
The Union agrees that Union officials will request permission from their immediate Supervisor when they wish to leave their assigned duties for the purpose of performing any of the duties listed below. The Supervisor's permission will normally be granted except when work loads preclude such release. When permission is not granted when requested, it will be granted at a later time. Permission will be obtained also from the immediate Supervisor of any Employee being contacted. The Union agrees that its officers and stewards will guard against the use of excessive time in performing duties considered appropriate by the Agreement.
Section 7
The Employer and the Union agree that a non-Employee Union representative (National representatives, etc.) may assist the Union Officers and Employees in carrying out the Union's responsibility for representing bargaining unit Employees. Notice of National Union representatives attending meetings with Employer officials will be made at lease one duty day (24 hours) in advance to the LRO or the Employer official attending the meeting. Employer officials do not have to meet with National Union representatives if a request was not made in advance. Under normal circumstances National Union representatives will not be allowed to meet with Employees in the buildings when the Employees work.
Section 8
A. Official time will only be granted to stewards and officers of the Union. The amount of official time for all representational purposes granted to each of the three Union officers (such officers designated by the Union) will not exceed 600 hours annually, except as otherwise provided in this Article. The amount of official time for all purposes granted to each Union steward and the three undesignated officers in any one pay period will not exceed 4 hours, except there will be a common "steward bank" of 600 hours which any steward and undesignated officers can charge their time for representational purposes above the 4 hours per pay period. For the purposes of this section, any labor relations training not charged against the bank in subsection D below, may be charged against the banks provided in this section.
B. In Addition to the above time, time spent in Partnership Council meetings, meetings with Employer officials about the A-76 contracting out studies or process, and Employer provided training on partnership and the A-76 process will not be deducted from the above banks.
C. The parties further agree that if a Union officer or steward is sent to any training by the Employer or attends any meeting, the Union officer or steward may act as the Union representative without charge to the bank of time. The representative may obtain two sets of course materials, one for use of the Union. The Employer is not required to send additional Union representatives to the same or duplicate training when a Union officer or steward attended it in as part of his official duties.
D. The Employer agrees to grant a block of official time to Union officers and stewards, if otherwise in a duty status, to attend labor relations training mutually determined to be of benefit to the Employer and Union. A block of 120 hours will be authorized annually for such labor relations training on or off the installation. The Union President will submit a request normally at least 30 calendar days in advance.
E. These banks of time will be computed starting with the first pay period after the effective date of this contract. The parties agree to meet at the request of either party (not more often than semi-annually) to discuss the usage of time in these banks and to mutually agree on adjustment of the time.
F. Official time taken by Union officers and stewards will be correctly reported and certified to their official time keepers on the form that is an appendix to this article. The official time keepers will forward a coup of the report to the Civilian Personnel Office. The official time will be reported as (1) non-bank time broken down by A-76 matters and Partnership Council meetings; (2) training bank time; (3) bank time for officers; (4) steward's time broken down by bank and bi-weekly amount.
Section 9
When the Union is designated as an Employee's representative (i.e., disciplinary actions, adverse actions, complaints, etc.), a designation of representation memorandum shall be prepared. It will identify the action (specifically or generally), be signed by the Employee and will contain the name and telephone number of the Primary Union representative; the name of the Employee; and an affirmative statement by the Employee stating he designates the Union official to be his representative.
The UNION proposed the following:
Section 1
In order to develop and maintain effective labor relations, the Employer agrees to grant official time as provided below to accomplish representational duties. Release of designated Union representatives and Employees from their official duties for the purpose of employee representation will enhance labor-management relations at all levels.
A. Thus, official time will be authorized to designated Union officials to carry out representational activities as follows:
(1) 50% of time for the Local President
(2) 50% of time for the (2) Local Vice Presidents
(3) 50% of time for the Chief Steward
(4) 10% of time for the Secretary
(5) 5% of time for the Treasurer
(6) 40% of time per Steward
B. Official time will be authorized ; however, the above blocks of time will not be charged for:
(1) Official time provided for by the Statute for negotiations under 5 U.S.C. 7131(a).
(2) ULP meetings, hearings, and proceedings when required by the FLRA, MSPB, or any other 3rd party.
(3) Meetings with management.
Section 2
Unless otherwise arranged, Union representatives will be required to request and arrange with appropriate management officials in advance for their usage of official time. If an exigency of business would not permit the Union representative to use the official time when requested, another occasion will be determined, keeping in mind the interests of the Union and Employees as well as the needs of the Employer. The Union agrees that its representatives will account for this time using codes required by the Defense Civilian Pay System: BA (negotiations); BK (Grievances and complaints); and BD (all other labor relations). The union recognizes its obligation to ensure official time for representational purposes is not abused and will cooperate with the Employer and make every effort to prevent abuse. If the Employer alleges that official time has been abused the alleged offender and the Union will be notified in writing. The Union agrees to investigate the representatives use of official time and to notify the Employer in writing within five (5) work days as to its determination of the propriety of such use of time or any corrective action which will be taken.
Section 3
While orderly and efficient procedures for the release of Union representatives is desirable for both parties, the appointment of stewards is a sole Union right. In the same manner, the assignment of duties to a steward is also a sole, unilateral Union right.
Section 4
The Employer agrees to grant a block of official time to Union officers and stewards, if otherwise in a duty status, to attend labor relations training determined to be of mutual benefit to the Employer and Union. A block of 400 hours will be authorized annually for such labor relations training on or off the installation. The Union President will submit a request as far in advance as is practicable.
Section 5
Official time will be available for other legitimate representational matters not specifically set forth in other provisions of the parties' collective bargaining agreement.
Section 6
When the Union is designated as an Employee's representative (i.e., disciplinary actions, adverse actions, complaints, etc.), a designation of representation memorandum shall be prepared. It will identify the action (specifically or generally), be signed by the Employer and will contain the name and telephone number of the primary union representative; the name of the Employee; and an affirmative statement by the employee stating he/she designates the Union official to be his/her representative.
The PANEL ordered the adoption of a modified version of the AGENCY's final offer.
Department of Justice, Board of Immigration Appeals, Falls Church, Virginia and Local 3525, American Federation of Government Employees, AFL-CIO, Case No. 97 FSIP 143, February 6, 1998 (Release No. 406).
The AGENCY's proposal (1) allows Union representatives to use reasonable amounts of official time, with limits on the amounts to be used to prepare for specified proceedings (e.g., Panel proceedings, and EEOC and MSPB hearings); (2) specifies the representational duties for which official time may be used, in addition to what is already provided for under the Statute, and prohibits the use of official time for internal Union business; (3) includes an Official Time form to be used by Union representatives in requesting official time; (4) requires that request forms include a "good faith estimate" of the amount of time it will take the Union representatives to perform the representational duties for which official time is being requested; (5) requires Union representatives to request official time from their supervisors "as far enough in advance as possible," make a "good faith effort" to locate and get approval from their first-line or second-line supervisors before leaving the request forms on the supervisors' desks and taking official time, and report to the approving supervisors upon their return to work; (6) requires supervisors to grant requests for official time "if workload permits and if [] in accordance with [any] applicable provisions in the contract," and notify the Union representatives of disapproved requests "as much in advance as possible so that the Union may make alternative arrangements" and, if such arrangements cannot be made, to "make an effort to reschedule work requirements, if [] not unreasonable to do so;" (7) allows Union representatives to request "additional time due to unforseen circumstances" from the supervisors who approved the original requests; and (8) grants the Union 80 hours of official time for "Union-sponsored training" per year, with no employee "normally" taking more than 20 hours per year.
The UNION's proposal (1) permits Union representatives to use official time "in amounts that are reasonably necessary to accomplish the [representational] purposes;" (2) identifies the representational duties for which official time may be used, in addition to what is already specifically provided for under the Statute, and confirms that the use of official time for internal Union business is prohibited; (3) includes an "Official Time Form to be used when requesting official time; (4) requires Union representatives, in those circumstances where they could not have "reasonably submit[ted] the [request] form[s] in advance," to make a "good faith effort" to locate their supervisors before proceeding to take official time and the completed forms in the supervisors' offices upon their return; (5) requires supervisors to "promptly consider" and grant a request for official time "unless the Union representative's presence at his or her work site is necessary to meet work requirements," and "ensure that within 1 workday an alternate time will be permissible for use of official time" when the representative cannot be released as requested because of work requirements; (6) gives the Union "up to 120 hours" of official time for training per year, except in "a year in which the contract is reopened" when it will be given "up to 200 hours," and requires that such official time requests "be made at least 2 weeks in advance of the scheduled training."
The PANEL ordered the parties to adopt the UNION's proposal.
Department of the Air Force, Peterson Air Force Base, Peterson AFB, Colorado and Local 1867, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 72, September 4, 1998 (Release No. 412).
The AGENCY proposed that there be a "primary representative" and an "alternate" to act for the Union in dealing with major issues in the administration of the Agreement. There will be a block of no more than 64 hours per pay period for these two representatives. Neither representative can use more than 20 hours of official time in any one week. Other stewards will be granted official time in an amount that is reasonable, necessary and in the public interest, not to exceed the time authorized for the primary representatives. to accommodate use of official time by authorized representatives, "as mission allows" supervisors are encouraged to adjust duty hours."
The UNION proposed that there be a single primary representative, the PAFB complex vice president or designee, to deal with major issues and contract administration. This primary representative will have official time of up to 6 days (48 hours) per pay period. Added to the list of activities excluded from the official time limit, is acting on behalf of the Union in Weingarten meetings, formal discussions and other meetings called by the Employer. The Union provides that other representatives may use official time in an amount that is "reasonable, necessary and in the public interest." Union representatives "may have their regular shifts adjusted in order to facilitate the parties' obligations under this agreement."
The ARBITRATOR ordered the parties to adopt the UNION's proposal.
Department of Agriculture, Rural Development, Rural Housing Centralized Servicing Center, St. Louis, Missouri and Local 3354, American Federation of Government Employees, AFL-CIO, Case No. 98 FSIP 143, September 3, 1998 (Release No. 412).
The UNION proposed the following:
Bargaining-unit employees of the Rural Housing Centralized Servicing Center may, upon request, use ½-hour administrative leave in conjunction with their lunch period in order to attend monthly meetings of AFGE Local 3354. In order to accommodate the business needs of CSC, the Union agrees to hold four different meetings each month, as follows:
11 a.m. to 12 noon
12 noon to 1 p.m.
Third Tuesday of the Month
11 a.m. to 12 noon
12 noon to 1 p.m.
Third Thursday of the Month
Management agrees to reserve Room 1612 [or other available room] during these time frames each month for these meetings.
The AGENCY proposed that it continue the current practice of granting official time to Union representatives and affected employees whenever changes in working conditions are proposed. It would also continue its practice of approving requests for time for the Union to meet with affected bargain-unit employees on an ad hoc, issue-by-issue, basis.
The ARBITRATOR ordered the parties to adopt the following:
In the months of October, November, and December 1998, bargaining-unit employees of the Rural Housing Centralized Servicing Center may, upon request, use _ hour administrative leave in conjunction with their lunch period to attend monthly meetings of AFGE Local 3354. During the _ hour provided, the only subject to be discussed is the status of the ongoing initial collective bargaining agreement negotiations between the Union and the Employer. The Union will publish an agenda in advance of the meetings which clearly identifies this as the subject of this portion of the meetings. In order to accommodate the business needs of CSC, the Union agrees to hold four different meetings each month, as follows:
11 a.m. to 12 noon
12 noon to 1 p.m.
Third Tuesday of the Month
11 a.m. to 12 noon
12 noon to 1 p.m.
Third Thursday of the Month
Management agrees to assist the Union in procuring appropriate facilities during these time frames each month for these meetings.
