NEGOTIATED AGREEMENT
BETWEEN
HEADQUARTERS, UNITED STATES ARMY
TRAINING CENTER
AND FORT JACKSON
FORT JACKSON, SOUTH CAROLINA
and
LOCAL 1909
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES (AFGE)
for
NONAPPROPRIATED FUND EMPLOYEES
FORT JACKSON, SOUTH CAROLINA
Preamble
Pursuant to the policy set forth in Civil Service Reform Act, 1978 and subject to all applicable statutes and regulations issued by the Office of Personnel Management, Department of Defense, higher echelon2 within the Department of the Army, and other federal agencies authorized to implement the Civil Service Reform Act, 1978, the following articles constitute an Agreement by and between the Non appropriated Fund Activities of the United States Army Training Center and Fort Jackson, Fort Jackson, South Carolina, as described in Article 1, hereinafter referred to as the Employer and Local No. 1909, American Federation of Government Employees, AFL-CO, hereinafter referred to as the Union.
ARTICLE 1
Recognition, Coverage and Definitions
Section 1.1. The Employer hereby recognizes that the Union has been granted exclusive recognition for all the employees in the bargaining unit and the Union hereby recognizes the responsibilities of representing the interests of all such employees of the bargaining unit without discrimination on the basis of race, religion, color, sex, age, lawful political affiliation, marital status, national origin, or handicapping condition, and without regard to Union membership or lack of membership, subject to the express limitation set forth below.
Section 1.2. The membership of the bargaining unit to which this Agreement is applicable is defined as indicated in U.S. Department of Labor Certificate of Representative, Case No. 40-5751 (RO), dated March 21, 1975, as amended by joint petition dated 23 March 1993. The recognized bargaining unit includes all regular, regular - limited tenure, and flexible employees, including off-duty military personnel in any of the foregoing categories, employed by the Non appropriated Fund Activities, Fort Jackson, South Carolina.
Section 1.3. Excluded from the bargaining unit are all management officials and supervisors; employees engaged in Federal personnel work in other than a purely clerical capacity employees of the Army and Air Force Exchange and flexible employees with appointments of less than 120 days and professional employees.
Section 1.4. For the purpose of this Agreement, "consultation" is defined as mutual discussion of policies, programs, and procedures related to working conditions of members of the Unit which are within the authority of the Employer for the purpose of obtaining Union views before the Employer takes final action.
Section 1.5. For the purpose of this Agreement, "Negotiation" is defined as good faith bargaining between an Employer and a Union with objective of reaching an agreement with respect to personnel policies and practices and matters affecting working conditions, so far as may be appropriate under applicable laws, regulations, and published Department of the Army policies.
Section 1.6. As used in this Agreement the masculine gender pronoun "he" will be construed to include both male and female personnel unless otherwise expressly so stated.
ARTICLE 2
Governing Laws and Regulations
Section 2.1. In the administration of all matters covered by the Agreement, officials and employees are governed by existing or future laws and the 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 subsequently published agency policies and regulations required by law or by the regulations of appropriate authorities, or authorized by the terms of a controlling agreement at a higher agency level and Civil Service Reform Act (CSRA), 1978.
Section 2.2. Should any part of the Agreement become invalid by reason of any subsequent modification of laws and regulations of outside authorities, including decisions by the Federal Labor Relations Authority, such invalidation of such part of the Agreement shall not invalidate the remaining portions of the Agreement which shall remain in full force and effect.
Section 2.3. In administering this Agreement, it is further understood by the parties that information that is to be disclosed from a system of records shall be subject to the Privacy Act of 1974, and the Freedom of Information Act of 1975.
ARTICLE 3
Matters Appropriate for Consultation and Negotiation
Section 3.1. It is agreed that the Employer and the Union, through appropriate representatives, shall meet at reasonable times and confer in good faith with respect to personnel policies and practices and matters affecting conditions of employment so far as may be appropriate under applicable laws and regulations, published agency policies and regulations for which a compelling need exists under criteria established by the Federal Labor Relations Authority and which are issued at the agency headquarters level or at a level of a primary national subdivision, a national or other controlling agreement at a higher level in the agency, and CSRA, 1978. Matters for negotiation including I&I bargaining include but are not limited to: safety, training, labor-management relations, employee services, methods of adjusting grievances, granting of leave, promotion plans, demotion procedures and hours of work.
Section 3.2. Impact and Implementation Bargaining Procedures. In the event that the Employer proposes changes in conditions of employment which involve management rights reserved under Section 7106 of the Federal Services Labor-Management Relations Statute or which are otherwise not negotiable, the Union is entitled to impact and implementation bargaining in the even such changes have more than a minimal impact on bargaining unit employees. The following procedures shall apply with regard to negotiations concerning I&I bargaining (Sections 7106(b) (2) and (3) of the Statute) of these changes:
a. The Employer shall notify the Union ten calendar days or more prior to the planned implementation date of any proposed change in conditions of employment, giving the Union seven calendar days from the date of notification to request I&I bargaining.
b. If the Union does not request I&I bargaining within the seven-day time limit, the Employer may implement the change.
c. If the Union requests bargaining within the time limit, negotiation will commence not later than ten calendar days from the initial date of notification. The Union will furnish counter proposals as soon as possible but not later than the tenth calendar day after the initial date of notification. Such proposals will be limited to identifying procedures and appropriate arrangements for employees who are adversely affected.
d. If, after 30 calendar days from the date negotiations commence, an agreement has not been reached on I&I bargaining proposals, the Union agrees that the employer's last offer may be implemented. The Employer agrees to continue negotiations in good faith and to proceed, if necessary, through mediation by the Federal Mediation and Conciliation Service and through resolution of any impasses by the Federal Service Impasse Panel. The Employer further agrees to retroactively apply any procedures for implementation and appropriate arrangements for employees adversely affected which are negotiated by the parties or imposed upon them by the Panel unless such retroactive application would result in undue disruption of activity operations.
Section 3.3. It is recognized that this Agreement is not all inclusive and the fact that certain conditions of employment have not been specifically covered in the Agreement does not lessen the responsibility of either part to meet with the other for discussion and exchange of views in an effort to find mutually satisfactory solutions to matters not covered by this Agreement.
ARTICLE 4
Rights and Obligations of the Employer
Section 4.1. Subject to Sections 4.3 and 4.4 of this article, nothing in this Agreement shall affect the authority of the Employer or any representative of the Employer to determine the mission, budget, organization, number of employees and internal security practices of the agency.
Section 4.2. The Employer retains the right, in accordance with applicable laws and regulations:
a. To hire, assign, direct, layoff and retain employees or to suspend, remove, reduce in grade or pay or take other disciplinary action against such employees.
b. To assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted.
c. With respect to filling positions, to make selections for appointments from:
(1) Among properly certified candidates for promotion; of
(2) Any other appropriate source; and
d. To take whatever actions may be necessary to carry out the agency mission during emergencies.
Section 4.3. Nothing in this article shall preclude the Employer and the Union from negotiating at the election of the Employer, on the number, 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 doing work.
Section 4.4. The right to make rules and regulations shall be considered an acknowledged function of the Employer. In prescribing regulations relating to personnel policies and practices and working conditions, the Employer shall have due regard for the obligation to meet, confer, and /or to negotiate to regard for the obligation to meet, confer, and/or to negotiate to the extent not inconsistent with any Federal law or any government-wide rule or regulation; but in no case shall this provision open those areas of Section 7106 b(1), title VII, to negotiation unless the parties expressly agree to do so.
Section 4.5. Provisions of this agreement which name tasks to be performed by specific personnel (i.e., supervisors, EEO Officer, etc.) or organizations (CPO, etc.) merely serve to acknowledge an existing practice and do not constitute an attempt to restrict the statutory right of the Employer to assign task to other personnel. It is recognized that the Employer retains the sole discretion to assign work and to determine who will perform the function discussed.
ARTICLE 5
Rights and Obligations of Employees
Section 5.1 Each Unit 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 in title VII, such right includes the right:
a. To act for the Union in the capacity of a representative and the right, in that capacity, to present the views of the Union to heads of agencies and other officials of the executive branch of the government, the Congress, or other appropriate authorities, and
b. To engage in collective bargaining with respect to conditions of employment through Union representative chosen by Unit employees.
Section 5.2. Nothing in this Agreement shall require a Unit employee to become or to remain a member of the Union, or to pay money to the Union except pursuant to a voluntary written authorization for the payment of Union dues through payroll deductions as set forth in Article 8 of this Agreement.
Section 5.3 Each Unit employee has the right, regardless of Union membership, to bring matters of personal concern to the attention of appropriate management officials in accordance with applicable laws, rules, regulations, and established policies and is not precluded from exercising grievance or appellate rights established by law, rule, or regulations, except in the case of a negotiated grievance or appeal procedure.
Section 5.4. The Union will accept all eligible employees as members of the Union without discrimination because of race, color, creed, national origin, sex, age, preferential or non preferential status, political affiliation, marital status, or handicapping condition.
Section 5.5 Consistent with Title VII, nothing in this Agreement shall authorize participation in the management of a labor organization or acting as a representative of a labor organization by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee.
Section 5.6. Each new employee hired to a position in the Unit shall be advised at the time of hiring that the Union has exclusive recognition and of his right to join or to refrain from joining the Union if he so desires. The employee will also be furnished a copy of this Agreement and advised as to the name of the appropriate steward for his work area.
Section 5.7. Upon request, an employee will be authorized at the earliest convenient time to review his personnel file. The employee may be assisted by his steward or designated Union representative as authorized in writing by the individual.
Section 5.8. An employee normally has the right to be represented by a steward assigned to the employee's work area. When the Union has not appointed a steward in the employee's assigned work area, the employee desiring representation may request the Union to identify other stewards or individuals occupying elected positions who are available for representation duties.
ARTICLE 6
Rights and Obligations of the Union
Section 6.1. The Union is entitled to act for, or represent the interest of, either collectively or individually, all employees of the Union described in Article 1, consistent with the specific terms of this agreement.
Section 6.2 The Union recognizes the responsibility of representing the interests of all employees within the Unit it represents without discrimination and without regard to labor organization membership consistent with this Agreement and Title VII.
Section 6.3. Except as otherwise provided in Article 7 of this Agreement, a representative of the Union shall be given the opportunity to be present at any formal discussion between a representative of the Employer and one or more employees in the Unit concerning any grievance or any personnel policy or practices, or other condition of employment. The right of the Union to be present during such discussions shall be subject to necessary requirements as to security and confidentiality of information. The right of Union representative to be present does not apply to informal day to day matters or to matters of personal nature to the employee in discussions between an employee and his supervisor. Further, a representative of the Union shall be given the opportunity to be present at any examination of an employee in the Union by a representative of the Employer in connection with an investigation if:
a. The employee reasonably believes that the examination may result in disciplinary action against the employee, and
b. The employee requests representation.
Section 6.4. The Employer recognizes that the Union is the exclusive representative of the employees in the Unit and that no other organization will be treated and dealt with as the exclusive representative.
Section 6.5 nothing in this Agreement shall be construed as abrogating the Union's right to communicate with its membership, the public, public officials, or other parties; right to oppose actions the Union believes to be contrary to the interest of the employees it represents.
ARTICLE 7
Union Representation
Section 7.1. The Employer agrees to recognize the officers, duly authorized representatives, and stewards duly designated by the Union.
Section 7.2. The Employer agrees to grant a reasonable amount of administrative time to the Unit employee designated by the Union as the point of contact for non appropriated fund activities. Such employee will request such time from his immediate supervisor.
Section 7.3. The Union may designate a number of stewards not to exceed a total of 10 primary stewards, plus 3 stewards-at-large for a total of 13 stewards. It is understood that a number of these 13 stewards may be designated to serve in specific areas in the even a steward is absent from work in that area.
Section 7.4. The Union will endeavor to select stewards who possess qualities of leadership and responsibility and who will deal with employees and management in a manner that inspires confidence and respect. The Union will properly orient and indoctrinate stewards with respect to Title VII CSRA as well as the provision of this Agreement.
Section 7.5. The stewards shall normally represent the interests of the employees in their assigned areas concerning work related matters. They may investigate and discuss employee complaints, grievances and appellate reviews (where authorized) with employees who have pertinent knowledge of the matter at hand and with appropriate management officials for the purpose of contributing to the resolution of such on-the-job problems. Reasonable time during working hours will be granted stewards who are Unit employees for these activities subject to other pertinent provisions of this article. Stewards shall be allowed to give full and complete consideration and assist in processing to completion any complaint or grievance found to have merit. A steward desiring to discuss a work-related matter with an employee shall first obtain the permission of his own supervisor and also obtain permission from the employee's supervisor before interrupting the employee's work. The supervisor's permission will normally be granted in the foregoing instances unless mission requirements cause a delay. It is understood that any management caused delay will extend time limits for grievances by an equal number of hours. An employee desiring to leave his job to discuss an appropriate matter with a steward shall obtain his supervisor's permission before doing so, and will report his return to work to his supervisor. Contacts between employees and stewards will normally take place in the immediate vicinity of the employee's assigned work area. To expedite the processing and resolution of complaints and grievances, immediate supervisors will make prompt arrangements for requested meetings between employees and stewards which shall be held as soon as possible.
Section 7.6. During such granted absence, the Union representative will confine his activities to the conduct of that matter for which approval of temporary absence was requested and return directly to his work area upon completion of the matter at hand. If the representative's official activities cannot be concluded within the estimated time of absence, he shall contact his immediate supervisor and request additional time and be governed accordingly. He will personally notify his immediate supervisor of his return to duty.
Section 7.7. Appropriate stewards or Union representative who are employees in the Unit will be permitted reasonable time during working hours for attendance at meetings with management officials of the Employer. Stewards, chief stewards and Union representatives who are employees in the Unit shall report to and obtain permission from the appropriate supervisor at least one day in advance whenever the desire to leave assigned work for the purpose of participating in any meetings or discussion referred to in this section, and hall report back to their supervisor at the time they return to the job.
Section 7.8. The Employer authorizes non-local Union representatives to visit the installation to carry out the functions which come within the scope of their responsibility provided that on their initial visit they present to the Civilian Personnel Officer proper credentials, satisfy requirements controlling admission of visitors to this installations, and advise the Civilian Personnel Officer of the purpose of their visit. Subsequent visits by the same individual may be satisfied by advising the local Union officials of the potential visit who, in turn, will notify CPO. Such visits shall be confined to those functions authorized by controlling regulations and procedures and this Agreement. Union representatives who have received proper clearance from the Civilian Personnel Officer will schedule consultation and visits with any activity official which they are to contact in advance and during regular working hours at mutually convenient times.
Section 7.9. The Union is entitled to have an observer at any Unit employee's formal grievance or EEO complaint hearing. The attendance of an observer at an EEO hearing is subject to the determination of the examiner that there is a direct connection between the complaint and the Union. If the employee is being represented by the Union in such proceeding, the representative if a Unit employee may be on official time. If the representative is not a Unit employee, the observer if a Unit employee may be on official time.
Section 7.10. The Union shall be given the opportunity to be represented in formal discussions between the Employer and employees concerning grievances, personnel policies and practices, or other matters affecting general working conditions of employees in the Unit. This right to be present does not extend to informal discussions of personal problems between an employee and supervisory officials. The Employer agrees that the Union representative if a Unit employee will be given an opportunity on official time to review the file of any grievance or appeal prior to any scheduled meeting or hearing.
Section 7.11. There shall be no restraint, interference, coercion or discrimination against a Union representative because of the performance of this duties.
Section 7.12. The Union shall furnish the Employer, in writing, and maintain on a current basis, a complete list of its officers and stewards, showing the organizational segment in which they are assigned representational responsibilities.
Section 7.13. In order to draw a reasonable distinction between official and non-official activities, those activities concerned with organizing efforts and the internal management of the Union, including but not limited to the solicitation of membership, collection of dues, or other assessments, circulation of authorization cards or petitions, solicitation of signature and dues withholding authorization, campaigning for Union office, and distribution of literature may not be conducted within regular working hours nor within the work area of the employee involved.
ARTICLE 8
Allotment of Dues
Section 8.1. The Employer agrees to make regular and periodic dues deductions from the pay of members of the Union subject to the following provisions.
Section 8.2. The Union shall be responsible for:
a. Procuring Standard Form 1187 (Request for Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues).
b. Distributing copies of SF 1187's to its members.
c. Educating eligible employees as to the program for allotment of dues, its voluntary nature and the availability and uses of the required forms.
d. Certifying SF 1887's completed by eligible employees as the amount of dues.
Section 8.3. The following allotment procedures will apply:
a. The Union will distribute SF 1187's, educate its members in the use of the form, insure that the member's payroll and social security numbers are entered on the form and process completed voluntary requests for its members.
b. The Union's Treasurer will certify on all SF 1187's the correct amount of regular dues of eligible employees to be deducted each biweekly pay period.
c. The Union will deliver completed SF 1187's and other pertinent documents to the NAF
Personnel Office.
d. Allotment deductions will take effect during the first full biweekly pay period after a properly executed SF-1187 has been received and processed by the Central Payroll Office.
e. The Union will notify the Employer in writing within five (5) days when an employee ceases to be a member in good standing, and the allotment for such employee will be terminated at the beginning of the first full pay period after receipt of notice in the Central Payroll Office.
f. An allotment shall be terminated when the employee leaves the Unit as a result of any type of separation, transfer or other personnel action; upon loss of exclusive recognition by the labor union; when the agreement providing for dues withholding is suspended or terminated by an appropriate authority outside DOD; when the employee has been suspended or expelled from the labor union' or when the employee voluntarily cancels his dues deduction allotment.
g. Normal deductions will be made by the payroll office for all biweekly pay periods. Dues allotments will be withheld from sick leave payments, but not from lump sum payments.
h. The Central Payroll Office will remit dues withheld to the Union. A check will be made payable to the local Union. It will be forwarded to the President, Local 1909, AFGE. It will be accompanied by a Union Dues Deduction Report containing the following:
(1) Identification of employee organization.
(2) Payroll period.
(3) Dues-paying employee's name and social security number.
(4) Names of dues paying employees from whom no deductions have been made.
Section 8.4. The Employer agrees that they will notify the Union within 5 days when a revocation of an allotment is received from an employee.
Section 8.5. The Employer agrees to maintain a supply of the forms provided for use in revoking an allotment (SF 1188), in the NAF Personnel Office, such form to be available to employees upon request.
Section 8.6. An employee may voluntarily revoke an allotment for the payment of dues at any time by completing a SF 1188 and submitting it to the NAF Personnel Office for transmittal to Central Payroll Office. Other written notification, signed by the employee, will also be accepted. Revocation will not be effective until the first full pay period beginning one calendar year after the date the employee signed the authorization. Thereafter, such revocation will not be effective until the first pay period following any successive anniversary date. The Employer will provide notification of the revocation to the Union. The carbon copy of SF 188, when completed by the employee, can be used for this purpose.
Section 8.7. The Union agrees to forward to the NAF Personnel Office within five (5) workings days after receipt, any written revocation of allotment which is received by the Union.
Section 8.8. The Union agrees that the amount to be withheld shall be amount of the regular biweekly dues, exclusive of initiation fees, assessments, back dues, fines and similar charges and fees. Allotment deductions will be made by the Central NAF Payroll Office each pay period in the biweekly amount shown on the SF 1187. If the amount of regular dues is changed by the Union, the Central NAF Payroll Office will be furnished written notification signed by the President of Local 1909, AFGE, that the membership has approved such change and the amount of new deductions to be withheld. The effective date of such change shall e the beginning of the first full biweekly pay period after receipt and processing by the Central NAF Payroll Office of the change notice, unless a later date is specified by the Union.
Section 8.9. In order to avoid erroneous deductions of dues, the Employer agrees to notify the Central Payroll Office when an employee leaves the bargaining Unit as the result of promotion to a supervisory position.
ARTICLE 9
Hours of Work
Section 9.1. The administrative work week for employees of NAF activities consists of seven consecutive days, beginning at 0001 hours on Thursday and ending at 2400 hours on the following Wednesday.
Section 9.2. The employer agrees to schedule employees, where possible, to work the same hours each day of the work week. Where irregular shifts are required, such shifts shall be rotated as equitably as possible among the employees determined by management to be qualified to perform the work. Management will make every reasonable effort to effort to schedule all full-time employees for five consecutive eight-hour work days. However, when required for mission accomplishment, employees may be required to work six consecutive days. Management will make every reasonable effort to insure that rest days, or days off, will be consecutive.
Section 9.3. It is agreed that tours of duty will be established for all full-time and part-time employees. All tours of duty will be posted two weeks in advance covering at least one administrative work week. Schedules showing tours of duty will be clearly posted on all official bulletin boards in the affected area. The Union will be notified when changes are made in regularly established tours of duty. Activity chiefs may alter work schedules to meet operational requirements when unforeseen circumstances make advance scheduling impractical.
Section 9.4. Meal Periods.
a. It is agreed that non-compensated lunch periods will be indicated on the work schedule and will normally be 45 minutes in duration. During these meal periods, employees will be entirely free
of duty.
b. When the nature of an employee’s duties requires that he remain at his duty station, the employee will be authorized a total of twenty (20) minutes during a designated period in which he may have his meal. The employee will be paid for the on the job meal period. On-the-job meal periods will be authorized only when it is not reasonably practical or economical to provide a normal; meal period.
No employee will be required to work more than six (6) hours in any workday without a period for
his meal.
c. It is agreed that Desk Clerks and Telephone Operators in the Billeting Branch on first shift, Monday through Friday except holidays will have a 30 minute unpaid lunch period. The second and third shifts, all days including holidays and weekends, will have a 20 minute paid meal period. During any meal periods, telephones and desk visits must be answered.
Section 9.5. The Employer agrees that when time clocks are used, they will be located in areas convenient to the employees so that accurate records of time worked may be maintained. It is further agreed that employees will clock in at the beginning of the shift and clock out at the end of the shift and that the hours of work correctly reflected on the time clock or computerized cards will be the basis for determining the hours worked.
Section 9.6. When an employee fails to report for a scheduled tour of duty and subsequently appears for duty, the employee may be allowed to work the remainder of the scheduled shift, provided there is no increase in the Employer’s labor costs.
Section 9.7. Short rest periods during the daily tour of duty will be permitted by the activity commander when such periods are beneficial or necessary to the activity and meet one or more of the criteria set forth below. Rest periods, when granted, will not exceed 15 minutes during each four (4) hours of continuous work and will be scheduled in conjunction with a meal period. The criteria are:
a. Protection of the employee’s health by relief from hazardous work.
b. Relief of fatigue caused by continuous physical exertion or work performed in confined spaces which limits personal activities.
c. Increased efficiency of production will result.
ARTICLE 10
Overtime
Section 10.1. The Employer reserves the right to assign overtime. However, in the exercise of this right, the Employer agrees that the assignment of overtime will be based on factors which are reasonable, equitable, and which do not discriminate against any employee or group of employees.
Section 10.2. All non-exempt employees occupying craft and trade positions shall be paid one and one-half time the employee’s basic hourly rate for all hours worked in excess of eight hours a day or forty hours per week. All employees occupying non-exempt NF and CC pay band positions shall be paid at one and one–half times the employees’ basic rate of pay for all hours worked in excess of forty hours per week.
Section 10.3. Opportunity for overtime will be afforded as equitably as possible among employees with comparable job skills in each organizational element as far as the character of the work will permit. As a general rule, first consideration for overtime will be given to employees currently assigned to the job. Second consideration will be given to other employees qualified to do the job.
Section 10.4. Necessary pertinent information concerning overtime hours worked and that offered but not worked will be maintained and will be made available for review, when requested, to employees and/or the appropriate stewards to aid in resolving specific complaints concerning overtime distribution.
Section 10.5. Compensatory time in lieu of overtime pay is not authorized for NAF employees other than those Pay Band employees identified as “exempt” who are engaged in a bona fide executive, administrative or professional capacity as defined in the Fair Labor Standards Act, as amended, and those employees who may elect to work compensatory overtime subject to approval by the Installation commander for the purpose of taking time off without charge to leave when religious beliefs require absence form work during certain periods.
Section 10.6. The immediate supervisor will notify those employees, if possible, at lest one day before the overtime is scheduled. It is recognized that in some cases little or no advance notice may be possible. Employees will not be required to work overtime against their expressed desire, so long as full requirements can be met by other qualified employees willing to work. Normally, such employee shall not be offered overtime again until his name is again reached on the overtime list.
Section 10.7. Employees who are required to work overtime in excess of fours hours in their work shift shall, if desired, be given a non paid lunch period.
Section 10.8. Any employee who is called back to work on unscheduled work time outside of and unconnected with his scheduled hours of work shall receive at least two hours call-back pay, including authorized shift differential and /or premium pay to which entitled. In order to qualify for call-back pay, an employee who has been called back must remain at the work-site, available to perform his normal duties, for the two hour period, unless released at an earlier time by the responsible supervisor.
Section 10.9. If a Unit employee is delayed in reporting for an overtime assignment, for reasons acceptable to the supervisor, he shall not be denied the remainder of the overtime assignment, provided a need for his services still exists. If an employee who has been assigned overtime cannot report for the assignment due to illness or emergency, that employee shall notify the responsible supervisor.
ARTICLE 11
Holidays
Section 11.1. All Regular employees in the NF Pay Bands shall be entitled to all holidays which are now or may be in the future prescribed by applicable law or Executive Order. Any regular employee whose services are not required by the Employer on any holiday established by Federal statute or Executive Order may be excused form duty for that day without charge to leave and those excused will be entitled to holiday benefits in accordance with applicable regulations.
Section 11.2. Employees in craft and trade and CC Pay Band with a regular tour of duty, except those in a leave without pay status, assigned either to rotating or regular shifts, who are prevented from working due to the observance of a legal holiday will receive base pay for the number of hours normally scheduled to be worked on the day on which the holiday is legally observed.
Section 11.3. All eligible employees must be in a pay status the workday before the holiday or the workday following the holiday to be eligible for holiday pay.
Section 11.4. Employees in the NF Pay Band with a regular appointment, craft and trade and CC Pay Band with a regular tour of duty working on a holiday will receive the same pay as they would normally receive on a regular work day, plus the pay to which they would be entitled for the holiday.
Section 11.5. Holiday work assignments, when necessary, shall be rotated among employees of an activity in such a manner as to provide equitable treatment to those who prefer to be excused on a holiday as well as those who prefer to perform duty. Special attention shall be given to equitable rotation of primary holidays such as thanksgiving, Christmas and New Year’s Day.
Section 11.6. Employees shall be advised of scheduled work requirements at the earliest practical date before the holiday.
Section 11.7. Activities which are normally closed for all or part of the Christmas and New Year holiday season will establish a liberal leave policy for those employees desiring leave. Employees who are ineligible to accrue leave without pay. Activity chiefs will make every effort to reassign employees who desire to work during the holiday season. Upon request, the Employer will consult with the Union concerning problems involving the holiday season and the Union view will be considered.
ARTICLE 12
Promotions and Details
Section 12.1. The policy of filing all non appropriated fund positions with the best qualified persons available will be observed. When filling newly established or vacant positions on a competitive basis, the qualifications of all applicants will be reviewed and evaluated. If the manager determines that a sufficient number of qualified candidates are available from current employees, the announcement may be distributed in house. However, applications from outside candidates especially Spouse Preference and Involuntarily Separated Military applicants must be accepted.
Section 12.2. Selection for any position will be based solely on merit and qualifications. The qualifications of candidates will be evaluated by fair and equitable methods.
Section 12.3. By law, first preference for selection must be given to spouse employment eligibles and second preference to involuntarily separated military and their families for positions at NF-3 and below and for craft trades. Current employees and former NAF employees will be provided the next preference.
Section 12.4. All vacancies except vacancies to be filled by noncompetitive means will be publicized for a minimum of 3 days. Positions with high turnovers rates may be filled through continuous advertising or posting of vacancy announcements, provided the announcement is for the same type and grade of position and has identical qualification requirements. Two (2) copies of all vacancy announcements will be furnished to the Union.
Section 12.5. An employee who has applied for a position and who is dissatisfied due to not being referred may request a review of his case. The Employer will make available to the employee and /or his representative the following pertinent promotion records: List of applicants considered, the Referral and Selection Register and the completed Qualification Rating Sheet. Privileged material will not be divulged. In accordance with the Privacy Act of 1974 (Public Law 93-579), such records must be sanitized prior to disclosure. An employee not referred who remains dissatisfied after the review may file a complaint using the negotiated grievance procedure.
Section 12.6. The duration and limitations on lengths of details, details to positions with known promotion potential, and temporary promotions shall be stated in applicable regulations. All temporary promotion or appointments in excess of 120 days will be on competitive basis. The use of temporary promotions will be encouraged. Such promotions will be normally be made within the affected area. Vacant positions which are identified by management as appropriate to be filled by a temporary promotion will be filled as expeditiously as possible.
Section 12.7. Details to positions at the same or lower grade/level may be used to meet a temporary need or to assess an employee’s capability to perform, and interest in, the duties and responsibilities of the position. Although no time limitations are imposed on these actions, if the detail was for the purpose of assessing the employee’s performance in the position, the detail should normally not exceed 120 days.
Section 12.8. It is agreed that supervisors should counsel employees as needed to apprise them of their weaknesses and how by self-improvement they may improve their opportunities for advancement.
Section 12.9. Employees selected for promotion will be released to their new assignment within a reasonable length of time. Fourteen calendar days will be the maximum waiting period. Where unusual circumstances justify a longer period prior to release, the employee and the Union will be informed of the reasons for the delay, in which case twenty calendar days shall be the maximum.
Section 12.10. Employees may be promoted to the highest grade previously held on a permanent basis, provided the employee was not demoted or separated from that grade because of deficiencies on performance of “for cause” reasons. This action may be made on a noncompetitive basis.
ARTICLE 13
Annual Leave
Section 13.1. Regular and Regular-Limited Tenure full-time employees and part-time employees, including off-duty military, whose regularly scheduled workweek includes 20 hours of more are eligible to accrue annual leave at rates specified in pertinent regulations. Flexible employees are not entitled to annual leave benefits.
Section 13.2. Approval of an eligible employee’s request for annual leave shall be granted subject to workload requirements, and provided that the employee gives his supervisor reasonable advance notice. When unforeseen emergencies arise requiring the use of annual leave not previously approved, approval of the use of annual leave may not be presumed by the employee. Documentation of the emergency may be required. The employee or his representative must contact his supervisor or the supervisor’s designated representative either personally or by phone as early as practical, preferably within 15 minutes of the beginning of the scheduled work shift, but not later than two hours after the beginning of the scheduled work shift to obtain approval of the use of annual leave.
Section 13.3. Each employee has a right to the use of annual leave to his credit; however, activity heads have the responsibility for determining when the leave will be used. The decision as to when and to what extent annual leave may be granted, rests with the activity head or his designated representatives. However, every reasonable attempt will be made to satisfy the desire of the employees with respect to approving annual leave. The employer will require employees to schedule leave throughout the year in an effort to avoid forfeiture of annual leave. Provisions of AR 251-3 regarding the restoration of forfeited leave will apply in those cases in which annual leave which has been properly scheduled and approved was later cancelled as a result of operation exigencies. Denial of the use of annual leave will be based upon factors which are reasonable, equitable, and which do not discriminate against any employee or group of employees. When the Employer finds it necessary to cancel previously approved leave the reasons for such action will be explained to the affected employee.
Section 13.4. To insure that operational requirements are met and that needs and wishes of employees are considered, it is agreed that by 1 March each employee will furnish his supervisor a proposed schedule for at least 60% of the leave for which the employee will be determined by employee’s seniority based on total creditable service and/or extenuating circumstances. For annual leave in connection with holidays, approval will be granted in a manner to assure equitable distribution.
Section 13.5. Employees have the responsibility for cooperating with management in the use of annual leave when their services can best be spared.
Section 13.6. Any employee request for leave on a work day which occurs on a religious holiday will be considered on a individual case basis.
Section 13.7. The Employer shall consult with the Union before initiating any periods of required annual leave, and every effort shall be made to reach an understanding on the implementation of such action.
ARTICLE 14
Sick Leave
Section 14.1. Regular and Regular-Limited Tenure full-time employees and part-time employees, including off-duty military, whose regularly scheduled workweek includes 20 hours or more are eligible for sick leave benefits at rates specified in pertinent regulations. Flexible employees are not entitled to sick leave benefits.
Section 14.2. The Union and the Employer recognize the value of sick leave and agree to encourage employees to conserve such leave so it will be available to them in case of extended illness.
Section 14.3. Sick leave, if available, shall be granted to employees when they are incapacitated for the performance of their duties by sickness, injury, pregnancy, or medical confinement, or for medical, dental, or optical examination or treatment; or when a member of the immediate family of the employee is afflicted with a contagious disease (quarantined) requiring attendance of the employee, or when, through exposure to contagious disease, the presence of the employee at his post of duty would jeopardize the health of others (medical evidence required).
Section 14.4. each employee is responsible to notify his supervisor as soon as practicable, normally by telephone, if he is prevented form reporting to work because of an incapacitating illness or injury. Employees will make every reasonable effort to give such notice prior to the start of their scheduled shift, but will insure that notice is given within the first two (2) hours after the beginning of the scheduled shift. Employees sent home from work because of illness shall be subject to the foregoing reporting requirement on the following workday if still incapacitated. When any absence due to illness extends from one workweek into another, the employee shall notify his supervisor on the first day of the second week and of each week thereafter until his return to duty.
Section 14.5. Employees shall not required to furnish a medical certificate to substantiate requests for approval of sick leave unless such leave is for three (3) working days or longer of continuous duration except in individual cases. A medical certificate will be required to cover all periods of three (3) days longer and it must be furnished within ten (10) calendar days after return to duty. However, when circumstances are such that requirements of a medical certificate is not reasonable, the employee’s personal certificate of his illness may be accepted.
Section 14.6. Employees who are sent home sick by the Employer shall not be required to furnish a medical certificate to substantiate sick leave for the day released from duty. Subsequent days of absence shall be subject to the provisions of Section 14.4 and 14.5 of this article.
Section 14.7. Employees desiring medical, dental or optical examination or treatment should attempt to schedule such appointments after work hours or non-duty days. When this is not possible, sick leave requests for such examination or treatment shall be submitted for approval in advance, with minimum amounts of leave requested consistent with regulatory requirements.
Section 14.8. When in individual cases there is reason to believe that the sick leave privilege has been abused, a medical certificate may be required to justify the granting of sick leave thereafter. In such cases, the Employer may determine whether counseling or other action is necessary to correct the problem. The requirement for a medical certificate will be for a six (6) month duration and will be reviewed with the employee at that time to determine if sick leave abuse does, in fact, still exist prior to continuing the requirement for certification of illness by a physician. The employee may have the Union steward present at the six (6) month review if desired.
Section 14.9. The Union will cooperate with the Employer in efforts to encourage employees to give maximum advance notice of incapacitation for duty and to eliminate abuse of sick leave by encouraging employees to use sick leave properly in accordance with applicable laws and regulations.
Section 14.10. Employees will be charged annual leave when all accrued sick leave is exhausted. When annual leave is exhausted the employee may request leave without pay.
Section 14.11. There is no limitation on the amount of sick leave that employees may accrue or carry forward from one year to the next year. No lump sum payment of accrued sick leave will be made when an employee is separated from the rolls for any reason.
Section 14.12. When an employee becomes ill while on approved annual leave, the employee, subject to 14.5, may request the absence be charged to sick leave. The charge to annual leave would be reduced accordingly.
ARTICLE 15
Sick and Annual Leave for Maternity and Paternity Purposes
Section 15.1. The Employer will apply the same leave policies, regulations, and procedures in cases of requests for leave for maternity or paternity absences as are applicable to requests for leave generally.
Section 15.2.
- Regular and Regular-Limited Tenure full- and part-time employees eligible to accrue leave may be granted absence from duty for reasons related to pregnancy and confinement.
- Absence will be charged to sick leave, annual leave and leave without pay depending on the circumstances and availability of each type of leave.
- (1) All sick leave granted must be supported by a medical certificate showing that she is incapacitated to perform the duties of her position for a specified period covered by the certificate.
- (2) Should her sick leave accrual become exhausted, she will be placed on annual leave until the end of the incapacitated period specified on the medical certificate, or until exhaustion of annual leave accrual if prior to completion of specified period.
- (3) Additional leave without pay will be at the discretion of the leave approving authority using the applicable regulation as a guide. Leave without pay (LWOP) will not be granted for a period exceeding one year.
- (4) An employee who does not intend to return to duty may submit her resignation at any time before the expiration of her approved sick leave.
- Section 15.3. Regular and Regular-Limited Tenure male employees may request annual leave and /or leave without pay for purpose of assisting or caring for their minor children or the mother of their newborn child while she is incapacitated, as establish by medical authority, for maternity reasons.
ARTICLE 16
Administrative Leave and Excused Absence
Section 16.1. The Employer is responsible for determining the situations in which he will excuse employees from duty. No leave will be charged for an excused absence and that excused absence generally will involve periods of no more than 4 hours. Common situations for which excused absences are normally approved are:
a. To vote or register in any election on a civic matter of local or national nature. An employee will be excused from duty so as to permit him to report for work three hours after the polls open or to leave work three hours before the polls close, whichever results in the lesser amount of time off.
b. For participation as pallbearer, member of firing squad, or honor guard in a funeral ceremony for a member of the Armed Forces whose remains are returned from abroad.
c. To make blood donations for which the employee is not paid. Donors will be
authorized 4 hours.
d. For brief absences or tardiness of less than 1 hour, if the reasons are justifiable to the approving authority.
Section 16.2. Administrative leave may be granted to Regular and Regular-Limited Tenure employees when it becomes necessary for the Employer to shut down an activity due to military necessity, weather conditions or an act of God, or other events beyond the control of management. Employees who are on approved annual or sick leave at the time administrative leave is authorized will be placed on administrative leave only for that portion of the shut down that extends beyond the period of their previously approved leave. The authority to excuse employees administratively is not to be used when the period of interrupted or suspended operations can be anticipated sufficiently in advance to permit arranging for assignment to other work or the scheduling of annual leave. When 24 hours advance notice is given, an employee who cannot be assigned to other work may be placed on annual leave with or without consent, or leave without pay in the event he does not have sufficient annual leave to his credit. Efforts will be made to keep to a minimum the occasions on which an employee is required to take leave with 24 hours notice. Employees to be placed on forced leave will be given as much advance notice as possible.
Section 16.3. All regularly scheduled NAF employees will be authorized absence from official duties for official jury duty or attending court in the capacity of a witness on behalf of the U.S. Government or a NAF instrumentality of the Armed Services, or on behalf of the District of Columbia Government. Fees earned by the employee while performing these duties will be disposed of in accordance with existing regulations.
Section 16.4. An employee who is an official or representative of the Union may be excuses without charge to leave in conjunction with attendance at a training seminar sponsored by the Union, provided the subject matter of such training is of mutual concern to the Employer and the employee in his capacity as an organization representative and the Employer’s interest will be served by the employee’s attendance. Administrative excusal for this purpose will normally consist of 16 hours for any individual, and 208 hours total per year for the Unit. The Union president must submit a written request to the NAF CPO not later than 7 calendar days prior to the scheduled training. The request will identify each Union official or representative for whom administrative leave is requested, state the date of training and provide an agenda showing subject matter to be covered.
Section 16.5. When employees eligible for administrative leave are prevented form working for managerial reasons such as early closure because of no patrons they will be excused without charge to leave or loss of base pay for their regularly scheduled hours for that day, unless reassignment or rescheduling can be accomplished within the same pay period, or unless advance notice of at least 24 hours is given.
ARTICLE 17
Leave Without Pay
Section 17.1. Upon approval of the fund custodian and the employing NAFI manager, leave without pay may be granted in the following cases, provided the employee has exhausted all of the annual leave to his credit.
a. To allow an employee to serve with an employee organization.
b. For the purpose of seeking further employment with another NAFI at a new location to which the head of the household is being transferred. A period not to exceed 90 calendar days is the maximum allowed for this purpose.
c. For illness or disability not of a permanent of disqualifying nature.
d. For other reasons acceptable to the manager and custodian.
Section 17.2. Leave without pay may be approved by the Employer when requested by the employee in accordance with applicable regulations. Before approving extended leave without pay, the Employer will determine that the employee expects to return to duty.
Section 17.3. The initial grant of leave without pay will not exceed 1 year.
Section 17.4. Employees returning to duty from approved leave without pay will be granted such rights, privileges, and benefits to which they may be entitled at that time in accordance with applicable regulations.
ARTICLE 18
Business-Based Actions
Section 18.1. Business-based actions are actions taken by management to increase the efficiency, economy, or effectiveness of operations which result in reduction in number of employees or realignment of the work force by separation, demotion, or reassignment.
Section. 18.2. When a business-based action affecting Unit employees is determined necessary, the Union shall be notified of the approximate number of Unit employees to be affected, the date action is proposed, and the reasons for the reduction in the number of employees or realignment of employees. Upon request, the Employer will consult with the Union concerning the proposed action and the Union views will be considered in making the final decision. The Union will render its assistance in communicating to employees the reasons for the business-based action.
Section 18.3. The determination of the positions to be affected and the type of personnel actions to be taken with respect to each of the employees will be made by the Manager of the Activity. Such decisions will consider the cause for the reduction, whether it is a temporary or permanent situation, the importance to the activity of the various functions, and the changed mission or organization. Determinations of the specific employees to be affected will be based on factors such as employee knowledge, skill, and ability as demonstrated through performance. Where there are no significant differences in performance or any job related factors, seniority will be used as the basis for selection.
Section 18.4. Written notification will be provided to all affected employees. The notice letter will:
a. State the action being taken, including position and rate of pay when applicable.
b. State the reason why the action was necessary.
c. If the action is separation, include the statement; "This action is non-prejudicial and does not
preclude reemployment."
d. Advise of severance pay entitlement when applicable.
e. Advise of loss of retirement, 401(K) and insurance participation when the action being taken is a change from a regular to a flexible appointment.
f. Advise of placement on the local reemployment. priority list and HQDA priority consideration system when applicable.
Section 18.5. Notice Periods.
a. Separation.
(1) Regular employees will receive a minimum 30-calendar day advance written notice. During the notice period the employee will remain in a work and pay status to the extent available work and funds permit. In all cases, the employee will be in such status for not less than 2 administrative workweeks.
(2) Prior to the separation of any regular full-time or regular part-time employee due to a business-based action maximum efforts will be made toward reassigning the employee to any available position within the activity for which the employee is qualified.
(3) Flexible employees will receive a minimum 1 week advance written notice all of which will be in a work and pay status if employees are otherwise scheduled to work.
b. Reduction in Pay Rate. This action may only be taken on NF Pay Band employees and requires a minimum 1 week advance written notice for both regular and flexible employees. Reduction in pay rate does not require a change in duties.
c. Reduction in Pay Level/Grade. An NF employee may be reduced in pay level and an NA, NL, or CC employee may be reduced in grade only in consonance with a change to the position. A minimum advance written notice of 1 week will be provided all employees. Pay retention for Craft and Trade employees with a regular appointment will be administered in accordance with Federal Personnel Manual Supplement 532-2.
d. Reduction in hours of work
(1) Regular part-time employees will be given a minimum 24 hours advance notice.
(2) Flexible employees with a regular tour of duty will be given a minimum 24 hours advance notice.
e. Change in employment category. An advance minimum written notice of 30 calendar days will be given when a regular full-time employee is changed to regular part-time or flexible, or when a regular part-time employee is changed to flexible.
f. Furlough. Furlough is a non-duty, non-pay status and is appropriate only for regularly scheduled employees. During a furlough period no type of leave may be used. Advance written notice will be provided that is equal to the length of the furlough up to a maximum of 30 days. For furloughs in excess of 30 days, a 30-day advance notice is required.
g. Employees separated from their positions by business-based actions will have their names placed on the Reemployment. Priority List for a period of 1 year from date of separation. When a vacancy occurs at the same level and duties of their former positions, they will be offered the position. If more than one person is eligible, the individual with the earliest date of separation and/or seniority will be offered the position. If the individual declines the offer his or her name will be removed from the list.
Section 18.6. Severance pay.
a. Regular employees who have completed at least 12 consecutive months of service will receive severance pay when as a result of a business-based action:
(1) A regular full-time appointment is change to regular part-time and the employee declines the part- time appointment and is separated.
(2) A regular full-time or regular part-time appointment is changed to flexible.
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