Collective Bargaining Agreement between the National Institute of Environmental Health Sciences, National Institutes of Health, Research Triangle Park, North Carolina & Local 2923 American Federation of Government Employees, AFL-CIO
In the administration of all matters covered by this Agreement, officials and employees shall be governed by applicable Federal statutes.
It is the intent and purpose of both parties to this AGREEMENT to:
enhance the efficient administration of the National Institute of Environmental Health Sciences and the major role it plays in the advancement of biomedical research and the fundamental well being and health of the nation's citizenry;
promote fair and reasonable working conditions; promote improved programs designed to aid employees in achieving their acknowledged and recognized objectives;
promote the highest degree of morale and responsibility in the Unit;
adjust promptly all differences arising between the parties related to matters covered by this Labor Management Agreement;
promote systematic cooperation between the Employer and the Employees in the Bargaining
Section 1.
Local 2923 was certified as the exclusive representative of the employees in the unit defined below by the Atlanta Area Administrator, LMSA, on August 31, 1971, Case No. 403094 (RO), the National Institute of Environmental Health Sciences, Department of Health and Human Services Research Triangle Park North Carolina (hereinafter referred to as the Employer) and Local 2923 American Federation of Government Employees, AFL-CIO (hereinafter referred to as the Union). Bargaining Unit Employee(s) hereinafter will be referred to as Employee(s).
Section 2.
The unit to which this Agreement applies, as re-defined in the Certificate of Representation dated October 27, 2006, (WA-RP-06-0039) consists of the following:
Included: all General Schedule and Wage Grade non-professional employees employed at and by the National Institute of Environmental Health Sciences stationed at Research Triangle Park, North Carolina and Bethesda, Maryland.
Excluded: all professional employees, temporary employees, employees described in 5 USC § 7112(b) and (c), and guards as defined in Executive Order 11491.
Section 1.
In the administration of all matters covered by the agreement, the parties and employees are governed by existing and future laws and regulations of appropriate authorities, including policies set forth in the Federal Personnel Manual, by published agency policies and regulations in existence at the time the agreement was approved, and by subsequent agency policies and regulations required by law or by the regulations or appropriate authorities, or authorized by the terms of a controlling agreement at a higher agency level. This shall also apply to all supplemental, implementing and subsidiary written agreements which are mutually agreed upon by both parties.
Section 2.
The Employer agrees that, if required by law, prior to making changes on personnel policies, practices or matters affecting conditions of employment in the unit, the Employer will provide the Union with notice of the proposed change. The Union may, within 15 calendar days of receipt of the proposed change, request to negotiate or may furnish written proposals to the proposed change. If the Union has not submitted written negotiable proposals to the Agency within 15 calendar days of being notified of the proposed change, the Agency may immediately implement the change without further notice. An exception to these factors may be emergency situations that are beyond the control of the Employer. The Employer agrees to give full consideration to views expressed by the Union.
Section 3.
It is recognized that during the life of this agreement, changes in law, regulations of appropriate authority, or decisions of appropriate authority may necessitate changes in personnel policies, practices, or other matters affecting working conditions. If the changes leave the employer no discretion in the matter, the Union will be informed of the impending change.
When the law or regulations leave administrative discretion to the Employer in the implementation of the required changes, the Employer will provide the Union with notice of the proposed change. The Union may, within 15 calendar days of being notified of the proposed change, request to negotiate or may furnish written proposals thereto. If the Union has not submitted written proposals to the Agency within 15 calendar days of receiving notice of the proposed change, the Agency may implement the change. An exception to these factors may be emergency situations that are beyond the control of the Employer. The Employer agrees to give full consideration to views expressed by the Union.
Section 1.
Subject to Section 2 of this Article, nothing in this Chapter shall affect the authority of any management official of any agency:
to determine the mission, budget, organization, number of employees, and internal security practices of the agency, and
in accordance with applicable laws,
to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;
with respect to filling positions, to make selections for appointments from -
among properly ranked and certified candidates for promotion; or
any other appropriate source; and
to take whatever actions may be necessary to carry out the agency mission during emergencies.
Section 2.
Nothing in this Article shall preclude any agency and any labor organization from negotiating -
at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
procedures which management officials of the agency will observe in exercising any authority under this section; or
appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
Section 1.
Each employee shall have the right to form, join, or assist any labor organization or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided by law, such right includes the right:
to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the view of the labor organization to heads of agencies and other officials of the Executive Branch of the Government, the Congress, or other appropriate authorities, and
to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees.
Section 2.
Except as provided by law, regulation, or published policy of the Office of Personnel Management or the Agency, employees are not accountable to the Employer in the conduct of their private lives.
Section 3.
Outside employment may be appropriate when it will not adversely affect performance of an employee's official duties and/or will not reflect discredit on the Government or the Employer. Employees shall not engage in outside employment or other outside activities not compatible with the full and proper discharge of their duties and responsibilities as a Government employee. Incompatible activities include, but are not limited to, outside employment which impairs an employee's mental or physical capacity to perform his or her Government duties and responsibilities in an acceptable manner and/or outside work or activity that takes the employee's time and attention during working hours. In all cases of outside employment, the individual Employee shall be bound by DHHS Regulations.
Section 4.
Employees have a right to contact Union Representatives during working hours to discuss conditions of employment. Employees will advise their supervisor of their wish to see a Union Representative; the employee and supervisor will mutually agree to an acceptable time before meeting with the Union Representative and leaving the work site.
Section 5.
It is recognized that all Employees are expected to promptly pay all just financial obligations. A just financial obligation is an obligation which the Employee acknowledges or which has been reduced to a judgment. It is
further recognized that failure to pay just debts reflects improperly on the Agency.
Section 6.
It is recognized that government employees have a particular responsibility to meet their financial obligations to the Government. The Employer will take appropriate action in accordance with existing rules and regulations to see that employees meet their obligations. Action taken in accordance with appropriate rules and regulations shall not be grieved under the negotiated grievance procedure.
Section 7.
Nothing in this agreement requires employees to become or remain members of a labor organization, or to pay money to the organization except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deductions.
Section 8.
The employer will make every reasonable effort to have payroll errors corrected promptly. The employer will explain to an affected employee the circumstances of any overpayment and if requested in writing, will assist the employee in the completion of the request for waiver of claim for overpayment when such action is appropriate under applicable regulations.
Section 9.
Employees have the right to examine their E-OPF except for such documents prohibited to be shown by regulations. In the event other personnel files are maintained on an employee, such files will be made available to them for inspection upon request. Employees will be afforded the opportunity to place in their E-OPF any allowable statement they wish to make with regard to unfavorable information contained in these records in accordance with OPM regulations.
Section 10.
Employees shall be protected against reprisal of any nature for the disclosure of information not prohibited by law or by Executive Order which reasonably evidences a violation of law, regulation or rule, or evidences mismanagement, waste of funds, and abuse of authority or a danger to public or employee health or safety.
Section 11.
When the Employer determines that a verbal counseling is necessary, the counseling will be accomplished during a private interview with the concerned employee and the appropriate supervisor. In the case of a written counseling, the employee will be given a copy of such written counseling. Counseling shall be reasonable, fair, and used constructively to encourage an employee's improvement in areas of conduct and performance.
Section 1.
The Union will notify the Employer of the designated Union official to receive official information from the Employer. The Union will designate, and the Employer will recognize, a Chief Steward and such additional stewards as the Union deems necessary up to a ratio of one (1) steward for each 60 employees in the Unit. The Employer will notify the designated Union official of the designated Labor Relations contact(s) to receive inquiries related to Labor Relations, including but not limited to terms and conditions of employment and requests for information and the Union shall direct all such inquiries to that designated Labor Relations contact.
Section 2.
Should it be necessary for a Union Steward to leave his or her work area, he or she will first secure the permission from his/her supervisor to leave his/her duty post and will secure the permission of the supervisor of the employee involved if the presence of that employee is required. Permission will be granted by the supervisors except where the supervisor determines an immediate granting of time off could adversely affect the ability to meet the Agency work requirements. In such cases, the supervisor and/or the employee will arrange for time off as the work load permits. The Union steward and the employee involved will personally report their return to work to their supervisor.
Section 3.
Consistent with their responsibilities as government employees and consistent with the terms and conditions of this Agreement, the Steward may receive but shall not solicit complaints and grievances of employees during official working hours of the employees involved; may represent the Union in meetings with Management officials for the purpose of soliciting information and or presenting Union views; and, to the extent required by law and in accordance with Section 2 of this Article, may serve as an employee's representative when requested by the employee. In those instances where the Union officer or Steward is representing the Union in a meeting with the Employer, he or she must have full authority to express the Union's position. The steward shall represent employees only within their defined area of responsibility and shall meet only with the Management official with responsibility in that assigned area of the Institute. Union officials or stewards who meet with Management officials to present views regarding matters covered by this Agreement or other matters relating to working conditions, must do so only in their official capacity. The only exception will be when a Union official or steward meets with his/her supervisor or other Management official to present or pursue a matter relating to his/her own employment or working conditions.
Section 4.
There shall be no restraint, interference, coercion or discrimination against a
Union representative because of the performance of his/her Union duties. Likewise, in the performance of his/her Union duties, no Union representative may interfere with, restrain, or coerce any employee in the exercise by the employee in any right under chapter 5 USC 7116; cause or attempt to cause an agency to discriminate against any employee in the exercise by the employee of any right under 5 USC 7116; coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment, reprisal, or for the purposes of hindering or impeding the member's work performance or productivity as an employee or the discharge of the member's duties as an employee; discriminate against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex age, preferential or non-preferential civil service status, political affiliation, marital status, or handicapping condition; or otherwise fail or refuse to comply with any provision of 5 USC 7116, et seq.
Section 5.
The Union shall be given the opportunity to be represented at formal discussions between management and Employees concerning grievances, personnel policies and practices or other matters affecting conditions of employment.
Section 6.
The Employer agrees to inform the Union in writing prior to placing Union Officers and/or Stewards on details away from their normal work areas except in cases of emergency when time will not permit.
Section 7.
At the request of the local Union, subject to the approval of the Associate Director for management or his/her designee, national officials of the American Federation of Government Employees or a non-employee officer of the local, shall be authorized to enter the Institute. The Union will be responsible for verbally notifying the Associate Director for Management, or his designee, no later than two (2) business days prior to their arrival. If the officials wish to visit the work areas, the Associate Director for Management, or their designee, will coordinate the request with the appropriate Institute staff to determine if such a visit is possible and convenient, before granting permission to make such a visitation. Subject to the approval of the Associate Director for Management or his/her designee these national officials of the AFGE may participate in meetings between the Union and Management; however, they are precluded from transacting any internal Union business with any NIEHS employee during the employee's normal work hours.
Section 1.
During the first month of each fiscal year, the Employer will furnish the Union with a list of names, position titles, grades, and organizational locations of all Unit Employees.
Section 2.
On a space available basis, the employer agrees to make space available to the Union, upon request, for meetings and other appropriate activities. The Employer agrees to provide office space and a telephone to the Union. The Union agrees that, in consideration of having a telephone, on all communication with third-parties including but not limited to the Federal Labor Relations Authority, Merit Systems Protection Board, Equal Employment Opportunity Commission, Federal Service Impasses Panel, Federal Mediation and Conciliation Service, it will list the Union office telephone number and not the work number of any Union representative as the contact telephone number for the Union. The Union shall be responsible for the suitable use and care of the space.
Section 3.
Official publications of the Union may be distributed by Union representatives during the non-duty time of the employees who are distributing and/or receiving the materials.
Section 4.
The Employer agrees to make available a reasonable amount of bulletin board space for use by the Union. In concert with its internal operations, it shall be the responsibility of the Union to ensure that the information on bulletin boards is current, and is maintained in a neat and orderly manner. In no event may a posting required by the Federal Labor Relations Authority remain on a Union bulletin board for longer than 30 calendar days after it was required to be posted, and in the event any such posting remains after that time, it may be removed by the Agency.
Section 5.
When printed, the NIEHS telephone directory will contain the name, position within the union, location and telephone number of elected Union officers and stewards.
Section 1.
Annual leave is a benefit provided by law. In so far as possible, leave should be scheduled and approved in advance. Employees requesting annual leave may, but are not normally required to, provide the supervisor or leave approving official with an explanation of the purposes for which leave is requested. However, in the event of leave conflicts within the work unit, employees should provide the supervisor with an explanation as requested. Reasonable requests for annual leave will not be unreasonably withheld. Employees should ensure that annual leave is scheduled for use so as to prevent any unintended loss of annual leave at the end of the leave year. It is acknowledged that supervisors may approve or disapprove requests for annual leave. The reasons for disapproving annual leave must be given to the employee if requested.
Section 2.
The Union agrees to notify all Unit Employees by memorandum no later than October 15 of each year that employees must submit leave requests by the date set in the regulations in order to avoid forfeiture of use/lose leave. If scheduled leave is cancelled by the Employer, and an employee will exceed his or her annual leave ceiling, the employee should request reinstatement of the annual leave that would be lost.
Section 3.
Reasonable effort will be made to ensure that annual leave will be granted on an equitable basis and the Employer will make a reasonable attempt to satisfy the leave requests of employees. Every effort will be made to accommodate employees who desire leave on religious holidays and to attend funerals.
Section 4.
It is recognized that Title IV of the Federal Employees Flexible and Compressed Work Schedule Act of 1978 allows an employee to work compensatory overtime, subject to supervisory approval, for the purpose of taking time off without charge to leave when personal religious beliefs require that the Employee abstain from work during certain periods of the workday or workweek.
Section 5.
It is recognized by the Employer and the Union that all employees have the responsibility for promptly and accurately reporting absences chargeable to annual leave to their timekeeper.
Section 6.
Subject to the receipt of substantiating documentation if requested by the supervisor, annual leave, if available and appropriate, will be granted to employees when they are unable to report for duty due to an emergency, provided that the appropriate supervisor is notified as soon as practicable,
preferably before, but normally within two hours after the beginning of the employee's work day. In these situations, the employee shall inform the supervisor of the reason for the leave request.
Section 7.
In accordance with applicable regulations, advanced annual leave may be granted to an employee to the extent that the leave will accrue to the employee during the remainder of the current leave year or appointment term.
Section 8.
Consistent with applicable regulations, the supervisor may excuse tardiness of less than sixty minutes when in his or her opinion excused tardiness is appropriate. If annual leave is charged, the employee will not be required to perform duty until leave time charged has expired.
Section 9.
The accumulation of annual leave or lack thereof will not be a factor in any formal promotion action.
Section 10.
When an employee requests annual leave of forty (40) hours or more, in conjunction with scheduled days off at the beginning and end of the leave period, management/supervisors will not change that employee's scheduled days off except to meet required mission needs.
Section 11.
The agency recognizes the needs of employees to plan vacation and personal time off. Therefore, the agency will not cancel leave which has been approved in advance except to meet required mission needs.
Sick Leave
Section 1.
The Union and the Employer recognize the insurance value of sick leave and the desirability of conserving such leave so it will be available to employees in the case of extended illness or injury. Employees shall accrue sick leave in accordance with statutes and regulations.
Section 2.
Sick leave, if accrued, shall be granted to employees when they are incapacitated for the performance of their duties for reasons of sickness, injury, or other reasons as provided for by OPM and DHHS regulations. Employees not reporting for work for reasons as stated above shall furnish notice to their supervisor by telephone as soon as possible; usually not later than two hours after the beginning of the scheduled work shift.
Section 3.
Sick leave, if accrued, shall also be granted for medical, dental, or optical examination or treatment, or for securing diagnostic examination for x-rays.
Sick leave for these purposes shall be requested in advance and consistent with sick leave for other purposes, and shall be limited to that which is necessary for the specific request.
Section 4.
In accordance with applicable regulations, employees shall not normally be required to furnish a medical certificate to substantiate a request for sick leave for absences of three consecutive work days or less, due to illness, injury or other matters appropriate for charge to sick leave. In cases where the nature of the illness was such that an employee did not need to see a medical practitioner, and the employee has not been placed on special leave procedures, the employee's written statement concerning illness may be acceptable.
Section 5.
Special Leave Procedures ("SLP") letters may be issued to employees who, because of individual sick leave records, are suspected of abusing sick leave privileges. Such letters must state specifically that the employee is suspected of abusing sick leave and give detailed reasons why the letter is necessary. Employees who have been placed on SLP status may be required to furnish a medical certification for all periods of sick leave. SLP status will be reviewed by the issuing officer at six (6) month intervals from the date of issue. If sufficient improvement in the sick leave record is shown, SLP status will be withdrawn. The employee will be notified in writing of the determination at each six (6) month review.
Section 6.
It is recognized by the Employer and the Union that all employees have the responsibility for promptly and accurately reporting absences chargeable to sick leave to their timekeeper.
Section 7.
In cases of serious illness or disability, employees may be advanced sick leave within the limits of applicable rules and regulations, provided that there is a reasonable expectation that they will be able to return to duty.
Section 8.
It is agreed that time spent by employees in obtaining treatment at the agency health unit will not be charged to sick leave. Should an employee be sent home by his/her supervisor on the recommendation of the health unit or other medical authority, sick leave will be charged beginning at the time the employee leaves the health unit or work place. Should an employee be disabled because of traumatic injury in the work place or an alleged disability as a result of workplace conditions, leave and other benefits will be handled in accordance with applicable laws and regulations.
Section 9.
If an employee furnishes administratively acceptable evidence showing that the employee's absence was necessary to care for a member of his/her immediate
family who has a contagious disease subject to quarantine, and which would endanger the health of others with whom the employee works, sick leave will be granted in accordance with OPM and DHHS regulations.
Section 10.
An employee who expects to be absent more than one day will inform the supervisor of his/her expected date of return to duty and notify the supervisor of any change. In the case of extended illness, daily reports will not be required; however, the employee should report his/her status to his/her supervisor at appropriate intervals as determined by the supervisor.
Maternity/Paternity Leave
Section 1.
Appropriate leave may be granted to cover a period of absence for maternity reasons in accordance with OPM and DHHS regulations.
Section 2.
No arbitrary cut-off date requiring an employee to cease work or prevent an employee from returning to work will be established. The Employer may establish a firm date for the leave to begin and end.
Section 3.
A male employee may request annual leave or leave without pay for purposes of aiding, assisting, or caring for the mother of minor children while the mother is incapacitated for maternity reasons in an amount as determined by applicable law, OPM and DHHS guidelines.
Administrative Leave
Section 1.
All Employees who volunteer as blood donors, without compensation, may be authorized up to four (4) hours of excused absence for recuperation following the blood donation. The four (4) hour period includes the time required to travel to and from the local blood center to give blood. The excused absence is to be taken on the day the blood is donated and immediately following the donation. Employees must provide evidence of each donation. In the event blood cannot be donated, the employee is required to immediately return to work.
Section 2.
In the event an employee is summoned for jury duty or as a witness on behalf of the Government, the employee shall be excused for such duties and compensated in accordance with current regulations.
Section 3.
Employees are encouraged to exercise their right and privilege as Americans to vote in all national, state, and local municipal elections or referenda. Administrative leave will be granted to employees if they request it for the
purpose of voting in these elections or referenda in accordance with the following stipulations:
Employees shall be granted excused time to vote which will permit them to report for work within three (3) hours after the polls open or close, whichever requires the least time off.
Voting arrangements requiring excused time off will be made with the employee's immediate supervisor prior to Election Day to prevent undue interruption to work operations.
Section 4.
For employees who vote in jurisdictions that require registration in person, excused time to register will be granted on the same basis as for voting.
Leave Without Pay
Section 1.
Employees may be granted leave without pay ("LWOP") provided the provisions of applicable laws and regulations are met. Such LWOP absences shall not exceed one year.
Section 2.
The Employer recognizes that employees may be elected or appointed as delegates to a Union convention or other such function which necessitates an absence. The Employer will authorize LWOP for such employees subject to the reasonable requirements of the Employer and also subject to prior submission of evidence from the employee that she or he has been elected or appointed as a delegate to a Union convention or other such function.
Section 3.
Employees accepting full time positions as Union Representatives may be granted LWOP for up to one (1) year.
Section 1. The Employer agrees to provide equal opportunity for all employees and to assure that no one is discriminated against because of race, color, religion, sex, national origin, political affiliations, marital status, physical handicap, age, or membership in labor organization.
Section 2. The Parties agree that they have responsibility for promoting full realization of equal employment opportunity. The Union agrees to become a positive force in this endeavor.
Section 3. The Union recognizes and agrees that the responsibility for counseling employees or groups of employees alleging discrimination on the basis of race, color, religion, sex, and national origin or handicap rests solely with the NIEHS counselors.
Section 1. The Employer and the Union agree that the administrative workweek shall be seven (7) consecutive days, Sunday through Saturday.
Section 2. The basic workweek will consist of five (5) days, normally Monday through Friday, and the two (2) days outside the basic workweek shall be consecutive unless otherwise requested by the employee. The workweek day will normally consist of eight and one-half hours including a half hour unpaid lunch period. Two fifteen-minute rest periods may be observed unless unusual workload conditions will not permit. Normally, the rest periods will be granted during the middle of the first and last half of each basic work day.
Section 3. The Employer and the Union recognize the need to alter work schedules to meet workload demands within various units. The employer reserves the right to assign employees to work schedules outside the basic work week.
Section 4. Employees shall be included in a compressed work week schedule under Title 5, Chapter 61, Subchapter II, to the extent negotiated by the Parties.
Section 5. The Employer will consider a request to reschedule the customary workweek to allow employees to take courses at nearby colleges, universities, or other educational institutions when consistent with applicable laws, rules, regulations and in consideration of the overall mission needs of the Institute.
Section 1.
In accordance with applicable regulations, overtime work means work in excess of 8 hours in a day or 40 hours in an administrative workweek that is:
officially ordered or approved, and
performed by an employee.
Generally, hours worked include all time an employee is required to be on duty or at prescribed work place, and all time during which he or she is suffered or permitted to work for the Employer. Overtime work performed shall be credited and paid for in minimum periods of 15 minutes or multiples thereof.
Section 2. The Employer agrees that reasonable effort shall be made to ensure that overtime work shall be equitably distributed among Employees in a particular work section
who are engaged in the needed trades or occupations, and
who are qualified to perform the required work.
In this regard, overtime work shall not be assigned to employees as a reward or penalty. Employees on detail outside their normal work section will not be precluded from volunteering for overtime work, consistent with the requirements of the detail. Similarly, employees attending training programs outside their normal work section will not be precluded from volunteering for overtime work, consistent with the requirements of the training program.
Section 3. In the assignment of planned overtime, the Employer agrees to provide the employee(s) with advance notice. Reasonable effort will be made to ensure that any employee designated to work overtime on days outside his/her basic workweek will be notified no later than the start of his/her scheduled lunch period on the next-to the last day of the basic workweek. When work is to be performed on a holiday, every effort will be made by the supervisor to provide at least two working days advance notice to the employees affected. Management has the right to assign overtime without prior notice during emergency situations.
Section 4. An Employee called back to work after having left for the day for unscheduled overtime duty, whether on a workday or a non-workday, will be paid for a minimum of two (2) full hours. An employee will be paid at overtime or holiday rate, whichever is applicable.
Section 5. An employee called into work unscheduled overtime shall be promptly excused at such time as it is determined that his/her tasks are completed.
Section 6. The parties recognize that employees may be required to accept assignment to overtime work.
Section 1. Inclement Weather: The parties recognize that occasionally snow, ice accumulation, or other weather conditions may necessitate an alteration in the workday for employees.
The parties agree that management officials are responsible for consulting among themselves and with appropriate safety authority, (i.e., Highway Patrol, Dept. of Transportation, National Weather Service) to determine when weather or other environmental conditions require employees not to be present at their work place for safety reasons.
When adverse weather or environmental conditions arise prior to working hours, radio and television stations will be notified to announce that NIEHS employees or all Federal Employees in the RTP are not to report to work until a specific time (delayed opening) or that NIEHS employees or all Federal Employees in the RTP are not to report for work that day (closure). Information pertaining to early dismissal will come directly from the employer.
The parties agree that a plan shall be developed which will address the identification and work assignments of essential employees when inclement weather conditions exist or are expected. This plan will consist of the following:
Management will identify and establish priority work assignments necessary for safe access to NIEHS facilities; the protection of government property; and, on-going research activities.
Management will identify those employees which are necessary to accomplish that work which is identified in (c)1 above.
Tardiness or Failure to Report: When the facilities are open and employees are tardy to work due to snow, ice, or other weather conditions, they may request that their tardiness, up to one hour, be excused. The determination to grant or deny such a request will be made by the supervisor based on its merits.
Section 1. The Employer will provide every employee with an accurate description of his/her principal duties, responsibilities and supervisory controls. Position descriptions frequently cover mixes of duties and responsibilities. When changes in the duties, responsibilities, or supervisory controls so warrant, the position description will be amended or rewritten.
Section 2. An employee not satisfied with his or her position description may appeal the classification of the position to the Agency or to the Office of Personnel Management as provided for in applicable regulations. A decision by the Office of Personnel Management is binding on the employee as well as the employer.
Section 3. If the Employee and the supervisor agree that the position description is incorrect, the supervisor shall take timely action to correct the position description for submission to the Personnel Office.
Section 4. The parties agree that an Employee may be required to perform duties which are incidental to the principal duties and responsibilities of the position as well as duties which may be required in situations of emergency.
Section 5. Employees detailed to another position shall be given a position description or brief description of duties if such assignment exceeds thirty (30) calendar days. Details in excess of 30 calendar days shall be reported on Standard Form 52, "Request for Personnel Action," and maintained as a permanent record in the Official Personnel Folder for details to higher graded positions of ten or more consecutive workdays but less than thirty calendar days, the Employer shall provide Employees with a memorandum.
Section 6. The Employer agrees to furnish the employee advance notice of proposed adverse personnel actions resulting from classification decisions.
Section 1. The Employer agrees to make every reasonable effort to provide a safe and healthful work environment for all employees in accordance with applicable laws and regulations relating to the safety and health of its employees. All employees, supervisors, and management officials are responsible for promptly reporting all observed unsafe conditions and to make every reasonable effort to correct them.
Section 2. The Employer agrees to compile and maintain records of all work-related accidents as required by law, regulation or other government wide policies.
Section 3. The parties agree that they have a mutual responsibility to see that employees adhere to established safety policies and procedures and to utilize appropriate safely apparel and apparatus that is required in the safe discharge of their responsibilities as employees.
Section 4. There will continue to be a Safety Committee at NIEHS. The Union will appoint one member, in writing, to serve on the Safety Committee who may serve at the discretion of management.
Section 5. In case of accidents, the Safety Committee in conjunction with the Health and Safety Branch will investigate the situation and try to determine the cause and the cause and extent of the accident.
Section 6. After an employee reports an accident to the Employer, the Employer will notify that employee as soon as possible, of all his/her entitlements under the Federal Employee's Compensation Act.
Section 7. Protective devices, when necessary and required, shall be furnished by the Employer and shall by used by the employees. It is, however, recognized that employees may elect to choose their own protective devices at their own expense, subject to the approval of the Employer and the NIEHS Safety Branch.
Section 8. The Employer agrees to supply and maintain fire protection systems in accordance with local and state fire protection requirements. All employees are responsible for assuring that fire protection equipment is not tampered with and that clothing, lunch boxes, or other foreign material are kept away from the fire protection equipment.
Section 9. An employee or group of employees will not be required to work under conditions which are unsafe or unhealthy (i.e., poses imminent danger) beyond those inherent hazards which cannot be eliminated by standard safety practices and procedures.
When an employee has a reasonable belief that he or she is subject to working conditions so severe that exposure to such conditions could be detrimental to health or safety, he or she will report the circumstances to his/her supervisor. The Supervisor, after consulting with the NIEHS Safety Office, will determine what action is appropriate under the circumstances. An employee may decline to perform his/her assigned task because of a reasonable belief that the task poses a risk of death or serious bodily harm. The employee will contrive to make himself/herself available for work under other conditions until the hazardous situation is abated.
Any grievance arising under this Section may be pursued through the negotiated grievance procedure. An employee's "reasonable belief" as that term is used in this Section will be determined not by a probe of the employee's subjective motivation of feelings, but by an assessment of the external evidence and circumstances which were present in the situation.
Section 1. The Employer agrees to consult openly and fully with the Union regarding any review of a function for contracting out within the bargaining unit. The Employer agrees to comply with applicable rules and regulations regarding contracting out.
Section 2. If unit work is contracted out and unit employees are displaced, the Employer will make every reasonable and credible effort to minimize the impact on employees. The Employer shall consider retention of permanent employees through analysis of attrition patterns before the restricting of new hires.
Section 3. The Employer will make every reasonable effort to retrain affected career employees, if necessary, when they are reassigned as a result of contracting out.
Section 4. Periodic briefings will be held between the Employer and the Union to provide the Union with appropriate information pursuant to 0MB circular A-76 on decisions affecting unit employees.
Section 5. When requested, available and not precluded from disclosure by law, rule and/or regulation, the Employer will provide the Union with appropriate information concerning all cost studies which may include but is not limited to the following:
the invitation for bids (IFB) or request for proposal (RFP),
abstract of bids,
correspondence from higher authority directing the cost study,
correspondence from the Department of Labor regarding certification of a wage rate,
the performance work statement,
all changes, to the performance work statement,
all bidder questions and activity answers related to the performance work statement.
Section 6. The Employer and the Union recognize the "right of first refusal" required by 0MB circular A-76, which provides that the contractor will grant those Federal employees displaced by direct result of such contract the right of first refusal of employment openings created by the contractor. This applies only to job openings for which such displaced employees are qualified, and does not apply when such employees would otherwise be prohibited from such employment by the Government post-employment conflict of interest standards. Refusing the right of first refusal because of displacement due to contracting out shall not deny a unit employee of any rights he/she might otherwise have under applicable RIF procedures in accordance with applicable laws and regulations, including the employee's entitlement to severance pay.
Section 7.
In the event that anything in this Article is in conflict with current OMB Circular No. A-76, or as that document may be amended in the future, OPM Guidelines or DHHS Policy, then OMB Circular No. A-76, OPM Guidelines and/or DHHS policy shall govern over any such conflict.
Section 1. The Employer and the Union agree that employee training and development is of mutual benefit to both parties and to the employees of the National Institutes of Environmental Health Sciences. It will be the policy of the Employer, within available resources and consistent with Employer needs, to utilize to the fullest extent the present skills of the employees by all practical means, including the restructuring of jobs where feasible, and to provide the maximum opportunity to employees to enhance their job-related skills through on-the-job training, work study programs, and other means so that they may perform at the highest potential and advance in accordance with their capabilities.
Section 2. Career development for the individual employee shall be encouraged by the Employer by providing opportunities to develop a personal plan for career development. This plan may be developed by the employee, supervisor, and those counseling services which the employee has available. This plan will, if possible, include a target position to be sought. As one means of providing developmental experiences, employees under this plan may be placed on detail to learn new skills. Details must conform to applicable laws.
Section 1. To the maximum extent practicable, the Employer shall schedule the time to be spent by an employee in a travel status away from his/her official duty station within the regularly scheduled workweek of the employee. Thus, insofar as is practical, employees shall perform travel during official duty hours. Each time an employee is required to travel during non-duty hours and the employee cannot be paid overtime, the official authorized to sign travel orders shall, upon request, furnish a statement of the reasons for ordering the travel.
Section 2. Travel will be paid for and administered by the Employer in accordance with applicable statuses and regulations. In this regard, it is also understood that non-exempt employees in a travel status will be entitled to premium pay in conformance with the requirements of the Fair Labor Standards Act. Additionally, employees will not be required to travel without receiving a signed travel authorization except in emergencies when it is impossible to initiate the authorization in advance.
Section 3. Prior to the date of departure, employees will be afforded an opportunity for a travel advance. When short-notice travel is ordered, the traveler may request an advance from the Agent Cashier.
Section 4. When justified, the Employer agrees to approve, on a case-by-case basis, employee requests for approval of travel on an actual subsistence expense basis; an example of where justification for such approval may exist is when the subsistence expenses are considerably higher than the authorized per diem rate.
Consistent with the mission of the Employer and depending upon the work that the employee is capable of performing, the Employer will consider the temporary assignment of an injured or otherwise incapacitated employee to light duty. Prior to being considered for light duty, the employee will furnish a physician's certificate describing the work that the employee can perform and stating the expected duration of the injury or temporary incapacitation.
Section 1. General
The purpose of this Article, "official time" means time granted by the Agency to employees designated in writing to act as Union representatives, without charge to leave, in accordance with 5 USC 7131.
Section 2. List of Officers, Stewards, and Other Representatives
Within thirty (30) days after each general election, Local 2923 shall give the Executive Officer at NIEHS and the designated Labor Relations contact for NIEHS a complete list of all officers, stewards, and other representatives. Within the first five (5) days of each month, Local 2923 shall notify the Agency of any change in the list made within the preceding month.
Section 3. Performance of Union Functions and Stewards' Area of Jurisdiction
Officers, Stewards, and Other Representatives of Local 2923 are authorized to perform duties properly assigned to them by the Local subject to the restrictions on use of official time provided in Section 4, 5 and 6 of this Article.
Section 4. General Requirements
All Union representatives are accountable to the Agency and the taxpayers for the expenditure of funds associated with the use of official time in accordance with the provisions of this article.
All Union representatives are expected to perform the duties of the Agency position to which they are assigned when not on approved official time.
Credit hours, overtime or compensatory time may not be earned by Union representatives while on official time.
Union representatives may not be evaluated on or rewarded for activities performed while on official time.
In accordance with 5 USC 7131(b), the use of official time for internal union business is prohibited.
No union representative shall take official time without requesting such time in writing via electronic mail and receiving approval prior to the commencement of such time. In addition, no official time requests shall be approved by the Agency until such request has been approved by the union president.
Section 5. Bank Hours
Commencing on the date that this Agreement becomes effective, the Union will be allowed an annual bank of 600 hours of official time. Hours not used in a specific year may not be rolled over to the next year. These hours are all inclusive for all matters related to official time activities including:
Dispute Resolution-to process grievances up to and including arbitrations, and to process prosecution of claims of bargaining unit employees to the EEO, MSPB, FLRA and, as necessary, to the courts.
General Labor-Management Relations-meetings between labor and management officials to discuss general conditions of employment, committee meetings, labor relations training for union representatives, union participation in formal meetings and investigative interviews and all other general labor relations activities consistent with 5 USC 71.
All other purposes for which official time is authorized in accordance with section 7 of this Article.
In addition to what is provided in subsections 1, 2, and 3 of this Article, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status and any such time expressly authorized by the FLRA under this subsection shall not count against the annual bank of 600 hours.
Any activities performed by any employee relating to the internal union business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a non-duty status.
On an annual basis, the Union President may use a maximum of 30% of the hours from the official time bank, with the remaining 70% of the official time bank to be shared among the other Union representatives named by the union. Other than the President, no union representative may use more than 25% of the hours in the official time bank. In no event may either the President or the other union representatives combine hours or increase their percentage of official time as set forth in this paragraph by naming himself or herself to more than one position or office within the union.
The bank of hours will be administered by the designated Labor Relations contact and Union President jointly.
All requests for official time will normally be made two (2) work days in advance of the time requested. The usage of the hours must be submitted by the requesting individual, in advance, via e-mail. The e-mail will be sent simultaneously to the immediate supervisor, the Labor Relations Contact designated by the Agency, the Union President, and the supervisor of any other employees, if applicable. Paper requests using the form NIH 2789 will be made when the e-mail system is not working.
The Agency will normally respond to all requests within twenty-four (24) hours and will normally approve requests made. If the manager determines that the requesting Union representative's presence is necessary to meet the Agency work requirements, the manager will attempt to provide an alternative time for use of the official time.
Official time shall be granted in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest.
Section 6. Recording Official Time
The amount of official time which is approved and taken must be recorded as follows: Union officials and representatives who are employees of NIEHS will maintain a complete and accurate record of their representation time on a monthly basis. On the first workday of each month, union officials or representatives will provide to their immediate supervisors a report detailing their representation activities for the previous month. The report must include at a minimum, a daily activity log including the location(s) where the representational time was utilized if this occurred away from their work area, the time the individual left their work area, the time they returned to their work area, place(s) visited, and a general description of the problem being considered and dealt with as part of their representative duties. The report will, at a minimum, describe the activity for which official time was used, identifying, at a minimum, whether the activity fell within section 5(a), (1)(2)(3) or (4) of this Article. The employee will be required to sign the report and certify that the information presented on this report reflects all of the employee's official time for the specified month.
Section 7. Authorized Representational Activities
For the purposes of this Article, "representational activities" means those authorized activities undertaken by designated Union representatives on behalf of other employees or the Union pursuant to representational rights under the terms of 5 USC 7131 and this agreement.
Section 8. Abuse of Official Time
The parties recognize the seriousness of allegations of abuse of official time by Union representatives. The Agency will take appropriate action, up to and including disciplinary action, when such abuse occurs.
Performance Appraisals and Awards shall be conducted in accordance with the Performance Management Appraisal Program (PMAP). If management determines that changes are necessary to PMAP, and that those changes affect bargaining unit employees, those changes will be made in accordance with Article III, section 2, of this Agreement.
Section 1. The Employer and the Union recognize the importance of settling disagreements and disputes promptly, fairly, and in an orderly manner that will maintain the self-respect of employees and be consistent with the principles of good management. To accomplish this, every effort will be made to settle grievances expeditiously and at the lowest level of supervision where a decision can be made. Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal for seeking adjudication of their grievances. In as much as dissatisfactions and disagreements arise occasionally in the work place, the filing of a grievance shall not be construed as reflecting unfavorably on an employee's good standing, his/her performance, loyalty, or desirability to the organization. The purpose of this Article is to provide a mutually acceptable method for prompt and equitable settlement of grievances.
Section 2. Scope: A grievance means any complaint:
by any employee concerning any matter relating to the employment of the employee;
by the Union concerning any matter relating to the employment of any employee;
by an Employer or the Union, concerning:
The effect, interpretation or a claim of breach of this collective bargaining agreement.
Any claimed violation, misinterpretation, of any law, rule, or regulation affecting conditions of employment
Exclusions: Complaints about the following matters are not considered grievances for the purpose of this agreement and are specifically excluded from this grievance procedure:
claimed violations of Subchapter III of Chapter 13 of Public Law 95-454 (relating to prohibited political activities);
retirement, life insurance, or health insurance;
suspension or removal under 5 USC, Section 7532 (concerning national security);
any examination, certification, or appointment; and
the classification of any position which does not result in reduction-in-grade or pay of an employee.
Section 3. Appeal and Grievance Option: This negotiated procedure shall be the exclusive procedure available to the parties and employees in the unit for resolving grievances. An aggrieved employee affected by discrimination, a removal or reduction-in-grade based on unacceptable performance, or adverse action under Section 7512 of the Civil Service Reform Act, however, may at his/her option, raise the matter under either a statutory appellate procedure or the negotiated grievance procedure, but not both. Any employee may present a grievance in his/her own behalf. Reasonable time will be granted to an employee for this purpose. However, the Union retains the right to be present during such grievance proceedings. An employee shall be deemed to have exercised his/her option under this Section only when the employee timely files a notice of appeal under the applicable appellate procedure or timely files a grievance in writing under the negotiated grievance procedure, whichever occurs first.
Section 4. Question of grievability: In the event either party should declare a grievance non-arbitrable, the original grievance shall be considered amended to include this issue. All disputes of grievability or arbitrability shall be referred to arbitration as a threshold issue in the related grievance.
Section 5. Reasonable time during working hours will be allowed for aggrieved employees and the Union representatives to discuss and prepare for grievances, including meetings with Employer officials.
Section 6. Any time limits stipulated in the following procedure may be extended for stated periods of time by mutual agreement of the Parties. Such agreements will be in writing.
Section 7.
Step 1. Any complaint which involves an adverse action, a removal or reduction-in-grade based on unacceptable performance or matter involving discrimination shall first be taken up in writing by the concerned employee and the Union with the appropriate Employer representative within five (5) working days of the final notice of action. The Employer will have five (5) working days in which to answer the complaint in writing.
Step 2. If the matter is not satisfactorily settled in Step 1, the Union can invoke arbitration within twenty (20) days of receipt of the Employer's decision at Step 1.
Section 8.
Step 1. Any grievance not covered by Section 7 or Section 9 shall first be taken up orally or in writing by the concerned employee or appropriate steward with the immediate supervisor in an attempt to settle the matter. In presenting the grievance, the grievant(s) shall state that the first step of this procedure is being invoked, shall specify the provisions of this Collective Bargaining Agreement which he/she/they claim are being violated, and the specific relief requested. Grievances must be presented within fifteen (15) calendar days from the date that the employee or Union became aware of the incident leading to the grievance. The employee(s) may present a grievance directly to the Employer for adjustment consistent with the terms of this Agreement. However, in the event an adjustment is made that settles the grievance, the Union shall be afforded the opportunity to have an observer present at the settlement. The supervisor shall give the decision either orally or in writing within five (5) working days. The decision will include the name of the management official designated to receive Step 2 complaints.
Step 2. If the matter is not satisfactorily settled following the initial discussions in Step 1, the Union representative may, within five (5) working days, submit the matter in writing to the designated Step 2 management official. The management official (or designee) may meet with the Union representative and aggrieved employee(s) before rendering a decision. The written decision shall be rendered within ten (10) working days after receipt of the grievance. The decision will include the name of the management official designated to receive Step 3 complaints.
Step 3. If the grievance is not satisfactorily settled following Step 2, the Union representative may, within five (5) working days, submit the matter in writing to the designated Step 3 management official. The management official or their designee may meet with the Union representative and aggrieved employee(s) before rendering a decision. The written decision shall be rendered within ten (10) working days after receipt of the grievance.
Step 4. If the grievance is not satisfactorily settled at Step 3, the Union or the Employer may refer the matter to arbitration.
Section 9.
Step 1. Grievances which impact on more than one Employee in a Program area shall be submitted in writing by the Local President (or designee) directly to the Institute's Associate Director for Management (or designee). The Associate Director for Management (or designee) and the Local President (or designee) will meet within ten (10) working days after receipt of the grievance to discuss the grievance. The Associate Director for Management (or designee) shall give the Local President (or designee) a written answer within 10 working days after the meeting. The decision will include instructions for appeal to the Director.
Step 2. If the grievance is not satisfactorily settled in Step 1, the Union President (or designee) may, within five (5) working days, submit the matter in writing to the Institute Director. The Director shall render a written decision within ten (10) working days. If the grievance is not settled by this method, the Employer and/or the Union may refer the matter to arbitration.
Section 1. In the event the Employer and the Union fail to settle any grievance under the negotiated grievance procedure (set forth in Article XXI above), such grievance, upon written notice by either the Employer or the Union within 15 calendar days after issuance of the final decision, shall be submitted to arbitration. Arbitration may be invoked only by the Employer or by the Union.
Section 2. Within five (5) working days from the date of the request for arbitration either party shall request the Federal Mediation and Conciliation Service to provide a list of 5 impartial persons qualified to act as arbitrators. The parties shall meet or, if mutually agreeable, shall correspond via email or telephone, within 5 working days after receipt of such list to select an arbitrator. If the parties cannot mutually agree upon one of the listed arbitrators, then the Employer and the Union will each strike one arbitrator's name from the list of 5 and will repeat this procedure until one person remains. The last remaining person shall be the duly selected arbitrator. In the event the last remaining name is mutually unacceptable to the parties, a new list may be jointly requested from the FMCS, and names struck as above.
Section 3. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to change, alter, amend, modify, add to or delete from the Agreement; such right is the sole prerogative of the contracting parties.
Section 4. The Federal Mediation and Conciliation Service shall be empowered to make a direct designation of an arbitrator to hear the case in the event that either party refuses to participate in the selection of the arbitrator.
Section 5. If the parties fail to agree on a joint submission of the issue for arbitration, each shall submit a separate submission of the issue and the arbitrator shall determine the issue or issues to be heard.
Section 6. The arbitrator's fee and the expense of the arbitration, if any, shall be borne equally by the Employer and the Union. The arbitration hearing will be held, if possible, on the Employer's premises during the regular work day. All NIEHS employees participating in the hearing shall be in duty status for the time required in the hearing.
Section 7. A transcript of the arbitration hearing will be required if either party individually requests one or if the parties mutually request one. If the parties mutually agree to require a transcript, the parties will share the cost. If only one party requests a transcript, the requesting party shall pay the full costs of the transcript.
Section 8. The arbitrator will be requested to render his decision to the parties as quickly as possible, but in no event later than 30 days after conclusion of the hearing unless the parties mutually agree to extend the time limit.
Section 9.
The arbitrator's award shall be binding on the parties, except that either party to this agreement may file exceptions to the arbitrator's award with the Federal Labor Relations Authority under regulations prescribed by the Authority.
Section 10. Absent an arbitrator's negative decision upon the arbitrability of a grievance, the arbitrator shall hear arguments regarding both the arbitrability and the merits of the case at the same hearing. However, the parties may mutually agree otherwise in instances such as highly complex cases which could involve several days of hearings.
Section 11. The arbitrator has full authority to award attorney fees in accordance with the provisions to Title VII, Public Law 95-454, Civil Service Reform Act.
Section 1. Temporary Employees.
Except as excluded by law or regulations, the provisions of this Agreement are applicable to temporary employees whose appointments are for more than 90 days and who are reasonably expected to remain on the rolls for a majority of the year. The provisions do not apply to temporary employees on excepted appointments.
Section 2. Probationary Employees.
Probationary employees are not Bargaining Unit employees.
Section 1. The Employer and the Union agree to promote programs for troubled individuals, including alcoholism, drug abuse, emotional illness, and other personal problems that may affect job performance and to make employees and supervisors aware of the programs.
Section 2. The Union agrees to cooperate fully with the Employer in an attempt to rehabilitate affected employees who accept assistance made available under the provisions of the programs.
Section 3. The Union and the Employer recognize that these programs are designed to deal forthrightly with the problem at an early stage when the situation is more likely to be correctable. If an employee requests assistance under the program, the responsible supervisory official may weigh this fact in determining appropriate disciplinary and adverse action, if such action becomes necessary.
Section 4. Employees undergoing a prescribed program of treatments will be granted appropriate leave for this purpose on the same basis as any other illness when absence from work is necessary.
Section 5. No employee will have their job security jeopardized by the request for assistance because of an alcoholism, drug abuse or mental health condition.
Section 6. A designated Union representative will be invited to attend a seminar, workshop, conference, or training session designed to acquaint employees with these programs and its operation.
Section 7. The Employer will, at least annually, make employees aware of the Employee Assistance Program and available services provided by the Employer.
Section 1. Purpose
Dues withholding from bargaining unit employees shall be administered in accordance with 5 U.S. Code Chapter 71, "The Federal Service Labor-Management Relations Statute," as amended and this agreement.
This Article provides for a fair and equitable system by which Union dues may be collected from bargaining unit employees in a timely and regular basis without having an adverse impact on the day to day operations of the organization.
Section 2. Union Dues
Employees who are members of the bargaining unit may authorize the payment of labor organization dues to the Union by voluntarily completing a Standard Form 1187 "Request for Payroll Deductions for Labor Organization Dues" or its equivalent. The Employer agrees that the information as to which employees elected to pay dues will only be used in conducting official business and will not be disseminated to any individual without a need for this information.
Section 3. Dues Subject To Withholding
The term "dues" includes regular and periodic dues, fees, and assessments of the exclusive representative of the unit. The Employer shall honor the assignment and make allotments pursuant to the assignment.
All regular and periodic dues allotments will be processed by the parties in a timely manner.
Section 4. Allotments (Payroll Deduction)
Union members who desire to make an allotment for payment of dues will request such allotments by completing SF-1187. The Union will procure the forms as needed and will make them available to the bargaining unit employees.
Any allotment will be made at no cost to the Union or the employee.
Section 6. Changes in Dues Withholding Amounts
The Union may change the amount of the Union dues deducted per employee. The Union President or other authorized Union officer shall provide a written instruction to the onsite NIEHS Human Resource Office indicating the dues change.
Section 7.
Dues withholding is to be voluntary on the part of the individual Employee. The Union will undertake to inform members of the voluntary nature of dues withholding and of the conditions governing a member's cancellation of dues withholding.
Any member of the Union who is in good standing and who is currently employed on a regularly scheduled tour of duty may authorize dues withholding at any time during the life of this Agreement provided that his/her regular bi-weekly salary is sufficient to cover the amount of the deduction.
Section 8. The Union agrees to inform Management of changes in the following:
The title and address of the Union Treasurer responsible for certifying on each employee's authorization form the amount of dues to be withheld.
The title and address of the Union Treasurer to whom remittances are to be made, and,
The remittance checks should be made out to Local 2923, AFGE, AFL-CIO.
Section 9.
All authorizations must be made on Standard Form 1187, Request and Authorization for a Voluntary Allotment of compensation for Payment of Employee Organization Dues. The Union is responsible for purchasing this form, distributing it to its members, and instructing its members in the form's use.
The Union Treasurer is responsible for certifying on each member's authorization form the amount of dues to be withheld each pay period prior to forwarding the form to the Personnel Office.
Deductions will be made beginning with the first full pay period after the form is received in the Personnel Office and the necessary data has been accepted into the TDCS. The Personnel Office will promptly process all requests. Deductions will continue to be made in each subsequent pay period until terminated as provided in this Article.
Section 10.
Members may revoke their authorization by sending written notice or Standard Form 1188 (Revocation of Voluntary Authorization for Allotment of Compensation for Payment of Employee Organization Dues) to the Personnel Office. Revocations should be submitted in duplicate. Revocations will not become effective until the beginning of the first pay
period which starts after the first anniversary of the allotment and after September 1 in subsequent years, provided that the revocation has been received in the Payroll Office by that date.
Any Employee who is reassigned or promoted to a position outside the Bargaining Unit shall cease to be eligible for dues withholding. Deductions will be terminated at the beginning of the pay period in which the action becomes effective. The affected employees will be provided with the following notice:
Notice of Termination of Dues Withholding. Regulations governing dues withholding to a labor organization require that dues withholding be automatically cancelled whenever an Employee is reassigned or promoted to a position outside the Bargaining Unit. You were recently subject to a reassignment or promotion which will automatically terminate your dues withholding. The final dues withholding will be made for the last pay period in your old position. If you have any questions regarding the termination of your dues withholding, you may wish to contact AFGE Local 2923.
The Union Treasurer will notify the Personnel Office when a currently employed member who has authorized dues withholding is expelled from the union or ceases to be a member in good standing. Deductions in this situation will be stopped at the beginning of the first full pay period after the notice is received.
Section 11. In the event of a change in the regular dues of the Union, the deduction from the salaries of those members who have previously authorized dues withholding for the Union will be adjusted upon certification of the dues change by the Union to the Personnel Office. This change will be made beginning with the first full pay period which starts after the certification is received by the DHHS Payroll Office.
Section 12.
The Payroll Office will arrange for a check to be sent to the Union Treasurer after each pay period for the remittance of dues withheld.
The Payroll Office will provide to the Union Treasurer a bi-weekly listing of the name of each member from whose salary dues have been withheld and the amount withheld for each person listed. The bi-weekly listing will provide annotated explanations of cases in which dues are not withheld. Personnel will also send copies of revocation notices to the Union Treasurer as they are received.
There will be no cost to the Union for dues deductions.
Section 13. This Article will remain in effect after the termination of this Agreement and until completion of negotiations or until thirty (30) calendar days beyond the completion of any third-party procedure thereunder. The parties to the Agreement may mutually agree in writing to extend this Article at any time.
Section 1. Statutory Obligation
In prescribing regulations relating to personnel policies and practices and matters affecting conditions of employment, management shall negotiate with Union as prescribed.
Section 2. Notice
Impact and Implementation Midterm Negotiations
The Agency agrees to provide the Union with written notification of changes in working conditions consistent with Article 3, Section 3. The Agency acknowledges that managers will not implement greater than de minimus changes in working conditions without complying with Article 3 Section 2.
Mid-term Bargaining
Mid-term bargaining may be invoked by management on issues not covered by this Agreement, or on issues covered but found to be defective or unworkable, after the Agreement has been in effect for twenty-four (24) months. Notice will be given to the Union at least thirty (30) calendar days prior to the mid-term point or to the date of the change. Included in that notice shall be an agenda of the issues to be negotiated.
Section 3. Mid-term Ground Rule Procedures
Upon receipt of notice of proposed changes, the Union may, within ten (10) workdays, request negotiations (and a briefing if desired) concerning the proposed change. The Union must provide proposals in writing within seven (7) workdays after requesting negotiations. The Parties will meet to negotiate within three (3) workdays, or a mutually agreed upon date, after the Union has submitted its proposals. Reasonable extensions may be granted for just cause. Failure to make a timely request to negotiate, timely provide proposals in writing, or timely meet shall be deemed to constitute acceptance of the changes by the Union, and the Agency may proceed to implement the proposed change.
Changes that are negotiated or agreed to pursuant to this Section shall be duly executed by the Parties and shall become an integral part of this Agreement and subject to all of its terms and conditions.
If otherwise in a duty status, Union negotiators shall be placed on official time when traveling to the negotiation site and during the negotiation session, including mediation and impasse proceedings. The Union will provide all expenses for its bargaining.
The Union may have present on official time the same number of negotiators as the Agency has on Official time. The Union will not be barred from having a national officer, council officer, or legal representative at these proceedings. The Union agrees to inform the Agency in advance if a legal representative or national officer will be attending.
Negotiations will take place in space provided by the Agency and will be held as needed.
Either Party may request assistance from the Federal Mediation and Conciliation Service after either Party has declared impasse.
The Agency agrees to provide the Union with requested information and data as required by 5 U.S.C. 7114.
The only ground rules governing negotiations during the life of this Agreement shall be those contained in this Article.
Section 1. This Agreement shall remain in full force and effect for a period of five (5) years after its approval. It shall be automatically renewed for an equivalent five-year period unless (1) either party gives to the other party notice of its intention to terminate or renegotiate this Agreement no less than ninety (90) days prior to its terminal date, or (2) at any time it is determined the Union no longer is entitled to exclusive representation for the Unit. Negotiations shall begin as agreed to by the parties in their pre-negotiation agreement.
Section 2. In the event it is found that sections of this Agreement are defective or unworkable, this Agreement may be opened for amendment provided that any request for amendment for these reasons is submitted in writing and is accompanied by a summary of the basis for the request, and provided further that both Parties consent to the opening of the Agreement for the purpose requested. A written notice of desire to alter and amend by renegotiation shall not have the effect of terminating this Agreement.
Section 3. The Agreement entered into between the Employer and the Union, prior to becoming effective, is subject to the approval of the appropriate official in the Department of Health and Human Services. The effective date of this Agreement will be the date of approval by the appropriate official within the Department of Health and Human Services.
Section 4. The Employer agrees to print 100 copies of this agreement after final approval and in a reasonable amount of time.
|