OFFICIAL
TIME
OFFICIAL TIME
Department of the Air Force, 911th Airlift Wing, Coraopolis,
Pennsylvania and Local 2316, American Federation of Government Employees,
AFL-CIO, Case No. 99 FSIP 54, August 3, 1999 (Release No. 423).
The AGENCY essentially proposed to--
"[R]ecognize six shop stewards" and require that the "stewards
designated for each major organization . . . normally serve as
the initial point of contact for management as well as employees
in all matters." It also propose[d] that the Union maintain a
current list of Union officers and stewards and provide updated
copies as changes occur. With respect to procedures governing
the use of official time, a Union representative leaving the work
area would be required to "request permission from his/her immediate
supervisor as much in advance as possible," and to secure permission
from the supervisors of those they are going to visit before entering
their work areas. The request would include information regarding
where the representative is going, how he or she can be contacted,
"the specific nature of the business to be transacted," and when
he or she expects to return to the work area. In addition, a revised
form entitled "Request for Use of Official Time" would be used
to document all official time used under the agreement. Official
time would be approved and scheduled "to the extent consistent
with the workload requirements of the duty station," and Union
officials would report to their supervisors upon returning to
their work areas "to allow the amount of time used to be noted."
If approved time must be rescheduled, the supervisor would inform
the Union representative of an alternative suitable time, and
Union representatives would limit absences to "the minimum amount
of time necessary to carry out the Union's responsibilities.
Regarding the duties for which grants of official time are appropriate,
and amounts of official time, Section 2 of its proposal specifies
that Union officers and stewards would receive official time "which
is reasonably necessary in the public interest, to assist an employee
in the preparation and presentation of a grievance or appeal when
selected by the employee as his representative." Section 3 states
that official time would be provided "to assist an employee in
the preparation and presentation of a grievance or appeal when
selected by the employee as his representative;" for negotiations
or joint Employer/Union committees; to respond or make recommendations
to requests from supervisors, management or agency officials;
and for "attending other official meetings when approved in advance
by the employer." Finally, as to the amount of official time for
Union-sponsored training "concerning representational duties,"
and "administrative excusal" would cover only those portions of
training meeting this criterion. The Civilian Personnel Officer
would review requests for official timer for Union-sponsored training
to determine if the training is "an appropriate use of official
time." If it is determined to be so, the Union representative
would have to take the additional step of requesting the use of
such time from his or her immediate supervisor, in accordance
with the procedures outlined in the previous sections of he article.
The UNION proposed that--
[I]n addition to five officers, the Employer be required to recognize
"not to exceed seven stewards as appropriate users of duty hours
for Union representational activities and labor-management relations
functions." It has no counteroffer regarding designating stewards
as initial points of contact, or addressing the updating of lists
of Union officers and stewards. On the matter of procedures governing
the use of official time, for all Union officials other than the
Local Union President and Chief Steward, the use of official time
would be arranged in advance "with appropriate management officials."
If "an exigency of business" prevents the use of official time
when requested, "another occasion will be determined" which balances
the interests of all concerned parties. In addition, "upon request"
starting and quitting times would be adjusted so Union representatives
"will guard against the use of excessive time," and official time
would not be used for internal Union business.
The types of duties for which grants of official time are appropriate
would include grievance handling and "other complaints," "other
representational and labor-management relations functions," and
"appropriate lobbying functions." As to the amount of official
time: (1) the Local Union President would be on official time
"the last [four] hours of each day;" (2) the Chief Steward would
be on official time "the last [six] hours of each day;" (3) all
other Officers and Stewards would receive "such time as is reasonable
and necessary;" and (4) time to attend management-initiated meetings,
arbitrations, unfair labor practice investigations or hearings
would "not be charged against the hours allotted above." On the
issue of the amount of official time for Union-sponsored training
and the procedures for its use, the Union would be allotted 150
hours per year, and the Labor Relations Officer would be responsible
for clearing the request with the Union representatives' immediate
supervisors. Once it is cleared, the individuals slated to attend
the training would not be required to obtain the further approval
of their supervisors.
The PANEL ordered the parties to adopt the following:
1. In order to develop and maintain effective labor-management
relations, the Employer agrees to recognize the Union President,
Vice President, Secretary, Treasurer, one Chief Steward, and not
to exceed six stewards as appropriate users of official time for
Union representational functions. The Union agrees to provide
the Employer with a list of the names, duty locations, telephone
number and the area that the stewards are authorized to represent.
Stewards designated for each major organization will normally
serve as the initial point of contact for management as well as
employees in all matters. The Union agrees that all steward vacancies
will be filled as soon as possible. The Union will maintain a
current list of all Union officers and stewards and will provide
the employer an updated copy as changes occur. Attachment 1, Request
for Use of Official time, will be used to document all official
time used under this contract.
2. With the exception of the Union President and Chief Steward,
whose use of official time is addressed separately below, whenever
it is necessary for an officer or steward to leave his/her work
area for representational purposed, he/she shall request permission
from his/her immediate supervisor as much in advance as possible.
Such request shall include information as to where he/she is going,
how he/she can be contacted, the specific nature of the business
to be transacted, and when he/she expects to return to his/her
workstation. If the official time is approved but must be rescheduled,
the supervisor will inform the official/steward of an alternate
suitable time. Official time will be approved and scheduled to
the extent consistent with the workload requirements of the duty
section. Upon return to the work area, the officer or steward
will report to his/her supervisor to allow the amount of time
used to be noted. When it is necessary for a Union officer or
steward to visit an employee or another Union officer or steward,
in their work area, the officer or steward will secure permission
from the supervisor of the officer/steward/employee who is receiving
the visit before entering the work area. Union officers and stewards
will limit their absence for representational duties to the minimum
amount of time necessary to carry out the Union's responsibilities.
Requests that a Union representative or employee be permitted
to adjust his/her starting and quitting times so as to allow the
Union representative to assist an employee on a different shift
will not be unreasonably denied.
3. In addition to any official time to which Union representatives
are statutorily entitled, Union officers and stewards will be
granted the following amounts of official time to perform appropriate
representational functions:
Local Union President - the last hour of each workday.
Chief Steward - the last [three] hours of each workday.
All other Officers and Stewards - Such time as is reasonable
and necessary.
Union officers and stewards will also be granted official time
to attend joint Employer/Union committees of which they are members,
to respond or make recommendations to requests from supervisors,
management, or agency officials, and for attending other official
meetings when approved in advance by the Employer.
4. Up to 90 hours of official time will be allotted to the Union
per year to be used by Union officers and stewards for Union sponsored
training concerning representational duties. Administrative excusal
for this purpose will cover only such portions of the training
session, which meet the foregoing criteria. The Union agrees to
submit written requests for the use of official time at least
[four] weeks before the training is scheduled. The requests will
be submitted to the Civilian Personnel Officer and include the
name of the Union representative attending, the dates of the training,
number of official hours requested, the agenda and type of training.
The Employer will review the training agenda, determine if the
training is an appropriate use of official time and notify the
Union in writing within [five] workdays of its approval/disapproval.
The Union officer or steward will request use of official time
for the training session from his/her immediate supervisor as
outlined in paragraphs 1 and 2 of this article.
5. National representatives of the Union having a requirement
to visit the facility will be granted access in accordance with
existing procedures for visitor passes. The visit will be arranged
through the Civilian Personnel Officer or his/her designated representative.
the Union representative will contact the employee's supervisor
prior to contacting the employee.
OFFICIAL TIME
Department of the Army Headquarters, U.S. Army Communications-Electronics
Command, Forth Monmouth, New Jersey and Local 476, National Federation
of Federal Employees, Case No. 99 FSIP 79, August 3, 1999 (Release
No. 423).
The UNION proposed the following:
The Union proposed 100-percent official time for one person.
The AGENCY proposed the following:
Supervisors will make appropriate adjustments in workload as
needed in order for NFFE [National Federation of Federal Employees]
representatives to be afforded sufficient time to perform their
representational functions. All other terms and conditions of
Section 5 - Authorized Official Time, of the Labor-Management
Agreement between CECOM [U.S. Army Communications-Electronics
Command] and NFFE shall remain in full force and effect.
The PANEL ordered the parties to adopt the AGENCY's proposal.
OFFICIAL TIME
Department of Veterans Affairs, Cincinnati Veterans Affairs
Medical Center, Cincinnati, Ohio and Local 105, Kentucky Nurses
Association, Case No.99 FSIP 72, September 20, 1999 (Release
No. 424).
The UNION proposed the following:
KNA [Kentucky Nurses Association] Local 105 will receive 1.0
FTE plus "reasonable and customary" time. The 1.0 FTE will be
divided in any way that the parties agree, provided the unit president
receives not less than .5 FTE. If agreement cannot be reached,
the Union will designate two people in addition to the president
who will receive .25 FTE.
The AGENCY proposed the following:
The Association President will be afforded 50-percent official
time during his/her tour of duty for the purpose of representational
duties and all activities inclusive of grievance matters, arbitration,
committee meetings, inspections, etc. All other Union officials
will be afforded a reasonable amount of time, as follows: A KNA
representative, before leaving their work site to transact permissible
KNA representational duties, contacts the immediate supervisor.
Normally arrangements for a KNA representative to leave the unit
will be made in advance. The supervisor will asses staffing and
workload to determine whether the KNA representative can be released
at the requested time. If the KNA representative cannot be released
at the requested time a mutually agreeable alternative time will
be arranged by the supervisor and the representative.
The PANEL ordered the parties to adopt the following wording:
KNA Local 105 will receive .75 FTE plus "reasonable and customary"
time. .5 FTE will be reserved for the Union president, and the
remaining .25 FTE will be divided between two other Union officials.
All other KNA representatives, before leaving their work sites
to transact permissible KNA representational duties, will contact
their immediate supervisors. Normally arrangements for a KNA representative
to leave the unit will be made in advance. The supervisor will
assess staffing and workload to determine whether the KNA representative
can be released at the requested time. If the KNA representative
cannot be released at the requested time a mutually agreeable
alternative time will be arranged by the supervisor and the representative.
OFFICIAL TIME
Department of Defense, Army & Air Force Exchange Service, Dallas,
Texas and Local 2921, American Federation of Government Employees,
AFL-CIO, Case No. 99 FSIP 119, September 22, 1999 (Release No.
424).
The AGENCY proposed the following:
Article 12
Section [One]: One Unit employee physically assigned to the Headquarters
Building, as designated in writing by the Union, shall be granted
25% block official time for fulfilling Union representational
duties for bargaining unit employees assigned to the HQ AAFES
local bargaining unit. During this block official time, priority
shall be given to representational duties such as, but not limited
to, formal meetings and handling of grievances. As used herein,
block official time shall be defined as two consecutive hours
during each scheduled workday, taken at predetermined times based
upon workload requirements as determined by the supervisor.
Section [Two]: Union representatives on official time are bound
by the Master Labor Agreement, this Local Supplemental Agreement,
and the administrative procedures of the Employer.
Section [Three]: The Union shall make every reasonable effort
to appoint on-site stewards during all shifts where bargaining
unit employees are assigned. Notwithstanding this requirement,
employees of the Unit who are assigned to evening shifts during
which no steward is on duty, may request one-half hour of official
time at the end of their shift to prepare to meet with the Union
representative during that representative's block official time.
The UNION proposed the following:
[Article 12]
[Section One]: Two Union representatives from the bargaining
unit, to be designated by the Union, shall be granted block official
time. One employee shall be granted 50 [percent] official block
time and the second shall be granted 25 [percent] official block
time for representational duties, formal meetings with Management,
and other related non-internal Union duties. This plan would be
in effect for a one (1) year test period. At the end of the test
period, either party could ask for FSIP assistance if impasse
is reached.
[Section Two]: The representatives would be able to meet with
any bargaining unit employee from any shift as necessary, to be
included in their official block time.
The PANEL ordered the parties to adopt the following wording:
[Article 12]
[Section One]: Two Union representatives from the bargaining
unit, to be desig nated by the Union in writing, shall be granted
25-percent block official time each to be used for representational
duties, meetings with management, and other non-internal Union
duties. One of the Union representatives shall be physically assigned
to the HQ Building and assigned to represent the HQ AAFES local
bargaining unit. The location of the second Union representative
will be at the choice of the Union. Block time shall be defined
as 25 percent of the Union representative's normal workday, unless
the supervisor and the employee agree to another arrangement for
use of the block time. Scheduling of block time will be coordinated
between the Union representative and his or her supervisor based
on necessary work to be performed and the information provided
by the Union representative.
[Section Two]: Union representatives on official time are bound
by the Master Labor Agreement, this Local Supplemental Agreement,
and the administrative procedures of the Employer.
[Section Three]: The representatives will be permitted to use
portions of their block time to meet with bargaining-unit employees
from any shift, as necessary, to be included as part of the representatives'
block time. Scheduling of the use of this time will be coordinated
between the Union representative and his or her supervisor based
upon the necessary work to be performed and the information provided
by the Union representative as provided in Article 9, Section
5(b) of the CBA.
OFFICIAL TIME
Department of Housing and Urban Development, Pacific/Hawaii
Region, San Francisco, California and Local 1450, Natural Federation
of Federal Employees, Federal District 1, IAM&AW, AFL-CIO, Case
No. 99 FSIP 93, September 30, 1999 (Release No. 425).
The AGENCY essentially proposed that--
(1) [A]uthorized official time, which includes time for case
law research and document preparation for grievances and negotiations,
be limited to enumerated activities in Section A, [Section 4.02,
A10];
(2) [O]fficial time for actual negotiations and mutually agreed
upon preparation time not be charged against official time allocations,
but the section would be silent with respect to partnership activities
[Section 4.02B];
(3) [T]he percentages of official time to be granted be as follows:
Union president-50; chief steward-15; offices of over 100 bargaining-unit
employees: principal office representative (POR)-50; stewards-5
(after the first 100 employees, [one] steward would be granted
50 employees: POR-25, stewards-5 [Section 4.04, A3 and B];
(4) [N]o official time, travel, and per diem be granted beyond
what is provided for in the CBA or otherwise approved by the Regional
Labor Relations Official [Section 4.07B];
(5) [A] detailed procedure for requesting, approving, and recording
the use of official time be provided [Section 4.08A];
(6) [F]or Union-sponsored training, with prior approval, 24 hours
of official time be granted to each of 10 Union representatives
[Section 4.09]; and
(7) [O]ther than the president and the chief steward, no official
time be granted to a Union representative from one field office
to be designated as the POR or steward for another field office
[Section 4.03B].
The UNION essentially proposed that--
(1) [T]he list of activities in Section A appropriate for official
time be open-ended [Section 4.02, A10];
(2) [O]fficial time for actual negotiations, preparation time,
and partnership activities not be charged against official time
allocations in Section 4.04 [Section 4.02B];
(3) [W]hen a need is demonstrated, the Union be permitted to
designate an employee from one field office, when the Union president
and chief steward are unavailable, to act as a POR or steward
for another field office [Section 4.03, last sentence]; [and]
(4) [T]he percentages of official time granted be as follow:
Union president-60; chief steward-25; POR-50; stewards-10.
The PANEL ordered the parties to adopt the UNION's proposal.
OFFICIAL TIME
Environmental Protection Agency, Region 2, New York, New York
and Local 3911, American Federation of Government Employees, AFL-CIO,
Case No. 99 FSIP 69, September 30, 1999 (Release No. 425).
In essence, the AGENCY proposed--
[T]o grant the Union a block of official time, up to 2,080 hours
per fiscal year, to be used by its representatives when performing
representational duties. The Union president, and one other representative
designated by the Union, would be permitted to spend up to 25
percent of their available work time performing representational
functions; other Union representatives would be allowed to spend
up to 20 percent of their work time on such matters.
In addition, the Union would be granted up to 120 hours of official
time per fiscal year for its representatives to attend Union-sponsored
training determined to be of mutual benefit to the parties; requests
for approval of such training would be required to be made at
least 10 workdays prior to its start. Other training, such as
joint training between the parties and training sponsored by other
Government agencies, such as the Federal Labor Relations Authority,
the Panel, the Office of Personnel Management (OPM), and the FMCS,
may be approved by the Employer in addition to the block of hours
for Union-sponsored training.
Activities pertaining to the solicitation of Union members, election
of labor organization officials, and the collection of dues, may
be undertaken only when the employee is in a non-duty status and
when the employee(s) being solicited also is in a non-duty status.
Activities relating to the Union's internal business matters may
be conducted at the space designated to the Union by management.
All official time usage in the aggregate of [one] hour would be
reported by Union representatives, pursuant to the designated
procedure, and any needed additional time beyond [one] hour must
be requested from the supervisor in advance. Union representatives
would be required to sign in and out when performing representational
duties away from their workstations by using a form, maintained
by the Union representatives's supervisor or designee, which indicates
supervisory concurrence.
In the event that a request for official time to perform representational
functions away from the workstation is denied, the Union representative
would receive verbal notification by his or her supervisor including
the earliest time the employee would be permitted to leave the
workstation to perform representational duties. A Union representa
tive's biweekly Report of Official Time Usage would include time
spend on partnership activities.
The UNION essentially proposed that--
Union representatives would be granted "reasonable and necessary"
amounts of official time to perform representational functions.
Up to 600 hours of official time per fiscal year would be authorized
for Union-sponsored training, with requests for official time
for such training to be submitted "as early as possible prior
to the start of the training." This block of hours for Union-sponsored
training would exclude official time for other types of training
such as joint labor-management training, partnership training,
and training provided by other Government agencies on labor relations
matters.
A supervisor would be required to designate, in writing, the
individual(s) authorized to approve requests for official time
in the supervisor's absence. Should a supervisor deny request
by a Union representative for official time to perform representational
duties away from the workstation, the denial also would be in
writing and include a statement establishing the earliest time
when the employee would be permitted to leave the workstation
to perform those duties. Union representatives would maintain
their own sign-out/sign-in sheets and there would be no need for
supervisors to initial them when they leave and return to their
workstations. Furthermore, supervisors would not have to approve
official time when Union representatives perform representational
duties at their workstations. Finally, there would not be any
need for Union representatives to account for partnership activities
on their biweekly Report on Official Time Usage.
The PANEL ordered the parties to adopt the following:
The Employer agrees to grant a reasonable and necessary amount
of official time to be used by Union representatives (hereinafter
when even the term "Union representative" appears in this document
it is understood that it refers to Union officials/stewards/designated
representatives) for the performance of their authorized representational
duties.
Union participation in the Partnership Council will not be charged
as representational time discussed above.
Any employee representing an exclusive representative in the
negotiation of a collective-bargaining agreement shall be authorized
official time for such purposes including attendance at impasse
proceedings, during the time the employee otherwise would be in
a duty status. The number of employees for whom official time
is authorized shall not exceed the number of individuals designated
as representing the agency for such purposes.
In the spirit of an effective and cooperative labor-management
relationship, the Employer agrees to grant a total of up to 120
hours of official time per fiscal year which the Union may draw
on to attend Union-sponsored training. In order for official time
to be approved, the training must be deemed to be of mutual benefit
to the Union and the Employer. Requests for official time to attend
union-sponsored training must be submitted to the Employer's designated
representative no later than 10 workdays prior to the start of
the training and must be accompanied by sufficient documentation
to permit an evaluation of the training course. It is understood
that the expenses (travel, per diem, fees) are the responsibility
of the Union. It is further understood that a request for official
time to attend union-sponsored training will be evaluated in terms
of workload requirements. Management may disallow attendance at
particular sessions if workload requires the representative's
presence in the workplace. This block of hours excludes joint
training sessions between AFGE and EPA Region 2 and other approved
training sponsored by other Government entities such as FLRA,
FMCS, FSIP and OPM. Any activities performed by any employee relating
to the internal business of a labor organization (including attendance
at Union meetings, 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
and when the employees being solicited also are in a non-duty
status.
Union representatives will adhere to the following procedures
when requesting and using official time:
A. Union representatives may use brief periods of official
time to perform representational duties at their workstations.
Union representatives shall conduct representational duties
at their workstations in a manner that avoids disruption of
Agency operations. All official time usage in the aggregate
of [one] hour shall be reported by Union representatives pursuant
to the designated procedure. Any needed additional time beyond
[one] hour must be requested from the supervisor in advance.
B. When it is necessary for a Union representative to leave
his/her workstation to perform an official Union duty, the representative
will notify the supervisor or an appropriate authority who has
been designated, in writing, by the supervisor. The representative
will provide the time of departure from the worksite, estimated
time of return, and the telephone number and location where
the employee may be reached.
C. Permission to leave the work site shall be granted unless
the representative's absence would substantially interfere with
the accomplishment of a time-sensitive assignment or project,
in which case the representative will [be] informed, in writing,
by the supervisor of the reason for denying the request and
the earliest time he/she will be permitted to leave the work
site. The employee will report to the supervisor or an appropriate
authority, as designed in writing by the supervisor, upon return
to the worksite.
D. All use of official time away from the workstation will
be recorded by the Union representative on EPA Region 2 Form
LMR-2 (8/99), "Sign-out/Sign-in Sheet" maintained by the supervisor
or an appropriate authority as designated by the supervisor
in writing. The Union representative will record the time or
departure and time of return.
All use of official time will be reported by the Union representative
using the following procedure:
By no later than the second workday following the end of each
pay period, each Union representative will submit EPA Region
2 LMR Form 1 (8/99), "Report of Official Time Usage" to the
timekeeper. The report will include the amount of time used
each workday in accordance with the categories specified on
LMR Form 1. In the event that the Union representative will
be on leave on the due date, he/she will submit the report on
the second workday of return.
Upon entering into this agreement, the Union will submit in
writing to the Employer's designated representative a list of
all officers, designated stewards and other Union representatives
who use official time, and will submit changes to the list within
the pay period they occur.
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