American Federation of Government Employees Local 1916
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American Federation of Government Employees Local 1916
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NEGOTIATED AGREEMENT
BETWEEN
July 6, 2006 Table of Contents
ARTICLE 1: EXCLUSIVE RECOGNITION...................................................................... 4 ARTICLE 2: EFFECTIVE DATE AND AGREEMENT DURATION.................................. 5 ARTICLE 3: PARTNERSHIP........................................................................................... 6 ARTICLE 4: MANAGEMENT RIGHTS........................................................................... 7 ARTICLE 5: UNION RIGHTS AND RESPONSIBILITIES................................................ 8 ARTICLE 6: EMPLOYEE RIGHTS................................................................................ 10 ARTICLE 7: FACILITIES AND COMMUNICATIONS................................................... 12 ARTICLE 8: OFFICIAL TIME........................................................................................ 14 ARTICLE 9: DUES WITHHOLDING............................................................................. 15 ARTICLE 10: LABOR-MANAGEMENT PARTNERSHIP COUNCIL................................ 18 ARTICLE 11: MIDTERM BARGAINING......................................................................... 19 ARTICLE 12: IMPACT AND IMPLEMENTATION.......................................................... 20 ARTICLE 13: USE OF LEAVE......................................................................................... 21 ARTICLE 14: DETAILS AND TEMPORARY PROMOTIONS.......................................... 24 ARTICLE 15: TRAINING AND CAREER DEVELOPMENT............................................. 25 ARTICLE 16: REORGANIZATION/RELOCATION NOTIFICATION PROCEDURES.................................................................................... 26 ARTICLE 17: POSITION DESCRIPTIONS...................................................................... 28 ARTICLE 18: UNACCEPTABLE PERFORMANCE.......................................................... 29 ARTICLE 19: DISCIPLINARY ACTIONS........................................................................ 32 ARTICLE 20: ADVERSE ACTIONS................................................................................. 34 ARTICLE 21: EMPLOYEE ASSISTANCE PROGRAM..................................................... 36 ARTICLE 22: EMPLOYEE SURVEILLANCE, SEARCHES, AND INCIDENT REPORTS........................................................................ 37 ARTICLE 23: MERIT PROMOTION AND INTERNAL PLACEMENT............................. 38 ARTICLE 24: PART-TIME CAREER EMPLOYMENT/JOB SHARING............................. 39 ARTICLE 25: PERFORMANCE MANAGEMENT SYSTEM............................................. 45 ARTICLE 26: EMPLOYEE AWARDS.............................................................................. 54 ARTICLE 27: EQUAL EMPLOYMENT OPPORTUNITY................................................. 58 ARTICLE 28: ENVIRONMENT, SAFETY AND HEALTH................................................ 59 ARTICLE 29: TIME AND ATTENDANCE....................................................................... 61 ARTICLE 30: FLEXIPLACE (TELECOMMUTING)......................................................... 70 ARTICLE 31: REDUCTION IN FORCE, TRANSFER OF FUNCTION, AND CONTRACTING OUT.............................................................. 75 ARTICLE 32: SMOKING................................................................................................. 78 ARTICLE 33: NEGOTIATED GRIEVANCE PROCEDURE............................................... 79 ARTICLE 34: UNFAIR LABOR PRACTICES................................................................... 85 ARTICLE 35: ARBITRATION......................................................................................... 86 ARTICLE 36: ALTERNATIVE DISPUTE RESOLUTION................................................. 89 ARTICLE 37: PAST PRACTICES.................................................................................... 92 ARTICLE 38: OFFICIAL TRAVEL................................................................................... 93
GLOSSARY OF TERMS................................................................................................... 94
APPENDIX A: MERIT PROMOTION AND INTERNAL PLACEMENT PROCEDURES
FOR BARGAINING UNIT EMPLOYEES Exclusive Recognition
SECTION A: The Employer recognizes that the Union, AFGE Local 1916, is the exclusive representative of all employees of the unit as defined in Section B of this Article. The Union recognizes the responsibility of representing the interests of all employees in the bargaining unit with respect to personnel policies, practices and working conditions without discrimination and without regard to Union membership.
SECTION B: The certified unit to which this Agreement is applicable includes professional and non-professional employees who occupy positions at the National Energy Technology Laboratory, Pittsburgh, PA site. This Agreement excludes all supervisors, management officials, confidential employees, and all employees engaged in Federal personnel work in other than purely clerical capacity.
Effective Date and Agreement Duration
SECTION A: This Agreement is between AFGE Local 1916, hereafter referred to as the Union, and the National Energy Technology Laboratory, U.S. Department of Energy, hereafter referred to as Management. This Agreement is effective on the date indicated on the signature page of this Agreement.
SECTION B: This Agreement shall remain in effect for five years from the effective date.
SECTION C: If at the expiration date of this Agreement, a new Agreement has not been placed into effect, the terms of this Agreement shall continue in full force and effect. If neither party serves notice to renegotiate this Agreement, it shall automatically renew for one-year periods. If either party wishes to renegotiate or modify this Agreement, they shall give written notice to the other party at least 90 days prior to the expiration date. Negotiations shall commence within the 90-day period prior to expiration date after that written notice has been received. During any negotiations on a new Agreement, this Agreement shall remain in effect until such time that a new Agreement is finalized. Notwithstanding any other provisions of this Agreement, it is further agreed that in the event this Agreement terminates, the Recognition and Dues Withholding Article shall remain in effect, provided the Union retains exclusive recognition status.
Partnership
SECTION A: Partnership is a relationship between two entities in which each has equal status and a certain independence, but also an implicit or formal obligation to the other to work together to more effectively achieve shared objectives.
Section B: Management and the Union believe that active and healthy Labor- Management Partnership will promote a quality work environment for employees, a more efficient administration of agency programs and this Agreement, and improved service to customers. While neither Management nor the Union waives their inherent rights and duties, both recognize the potential benefits in operating as partners.
SECTION C: Management and the Union agree to discuss issues, share information, and work to solve problems as partners in the most constructive manner possible. The intent of joint problem solving is not co-management, but to seek input from the Union at the appropriate stage before final decisions are made by Management. Joint problem solving at the appropriate stage will achieve increased benefit from the partnership, show good faith efforts between the partners, allow for more informed decisions, and expedite Impact and Implementation negotiations. If either party believes they were not involved at an appropriate stage of problem solving, these concerns shall be addressed to and resolved by the LMPC.
SECTION D: The Union has the right to be represented at any formal discussion between one or more representatives of Management and one or more bargaining unit employees concerning any grievance, personnel policy or practice, or other general condition of employment. Management will provide the Union the option to appoint an appropriate number of representatives on any team considering workplace issues, such as but not limited to, personnel policies and practices, and working conditions. If either party believes the Union does not have an appropriate number of representatives the issue shall be addressed to and resolved by the LMPC.
SECTION E: Management and the Union agree to participate in the DOE-wide Labor Management activities.
Management Rights
SECTION A: Management retains the rights set forth in 5 USC 7106 and other pertinent laws. The following is provided for information and reference to Management and the Union and is taken directly from 5 USC 7106.
“Sec. 7106. Management rights:
(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency –
(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and (2) in accordance with applicable laws –
(A) 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; (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 (i) among properly ranked and certified candidates for promotion; or (ii) any other appropriate source; and (D) to take whatever actions may be necessary to carry out the agency mission during emergencies.
(b) Nothing in this section shall preclude any agency and any labor organization from negotiating -
(1) 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; (2) procedures which management officials of the agency will observe in exercising any authority under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.”
Union Rights and Responsibilities
SECTION A: Management recognizes that in order to perform its representational functions and duties, the Union will require officially designated Union Representatives. Management shall not discriminate against Union Representatives because of the performance of their duties. Union Representatives shall be defined as the Senior Union Official, DOE Vice President, Secretary, Chief Steward, Union Stewards, and other employees as specifically designated by the Senior Union Official
SECTION B: In all matters relating to personnel policies, practices, and other conditions of employment, Management and the Union will have due regard for the obligations imposed by applicable laws and this Agreement. Management shall not restrain, interfere with, or coerce Representatives of the Union in the exercise of their rights under applicable laws and this Agreement. The Union recognizes Management's rights under applicable laws. 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.
SECTION C: The Union shall be notified in a timely manner and be given the opportunity to be present and to participate at any formal discussion between one or more representatives of Management and one or more employees in the Bargaining Unit or their representatives concerning any grievance, personnel policy or practice, or other general condition of employment. The Union shall also be allowed to be present and represent an employee at any examination of an employee in the Unit by a representative of Management in connection with an investigation, if the employee reasonably believes that the examination may result in disciplinary/adverse action against the employee and the employee requests representation.
SECTION D: Management agrees to furnish the Union with information that it is entitled to under the provisions of 5 U.S.C. 7114(b)(4). All other requests for information by the Union will be considered in accordance with this Agreement and governing laws and regulations.
SECTION E: The Senior Union Official will provide the Human Resources Office with a current roster of the names of Union Officers and designated Stewards. The Union will notify the Human Resources Office of any change in the designations of Union Officers and Stewards. The roster will indicate the Representative's position in the Union and telephone extension. No employee will be recognized as a Steward or Union Officer unless his or her name appears on this current listing.
SECTION F: It is agreed that the administration of this Agreement shall be between the Senior Union Official and the designated Management Representative. If the two parties fail to resolve the matter, either party may utilize the Labor-Management Partnership Council (LMPC) or the Negotiated Grievance Procedure to obtain resolution.
SECTION G: The Union will not strike against the Government of the United States nor any agency thereof, nor assist or participate in such strike, nor impose a duty or obligation to conduct, assist, or participate in such a strike.
SECTION H: Management agrees that a designated National Union Representative may be admitted to the site for representational purposes, subject to normal security regulations.
SECTION I: Management shall quarterly provide the Union with current listings of Bargaining Unit members, their position titles, series, grades, and organizational unit. Management shall provide the Senior Union Official with any changes to this listing.
SECTION J: Management shall advise new Bargaining Unit employees during orientation of the exclusive recognition granted the Union and of their unrestrained 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. Management shall provide a copy of this Agreement to each new Bargaining Unit employee at this orientation. Sufficient notice shall be given to the Senior Union Official prior to any orientations of new employees and authorizing the Senior Union Official or his designee up to 30 minutes to explain the role of the Union and address this Agreement during this orientation with new Bargaining Unit employees.
Employee Rights
SECTION A: All employees shall be treated fairly and equitably, and without discrimination with respect to personnel management and Union activity. It is therefore agreed that the Management and the Union shall endeavor in good faith to establish working conditions that will be conducive to enhancing and improving employee morale and efficiency. Employees shall have the right to fully pursue their private lives, personal welfare, and personal beliefs without interference, coercion, or discrimination by Management or the Union, except as restricted by laws, regulations, or clear job responsibilities.
SECTION B: Each employee shall have the right, freely and without fear of penalty or reprisal, to form, join, or assist any labor organization or to refrain from any such activity. The right to assist the Union extends to participation in management for a labor organization when duly elected or appointed and acting for a labor organization in the capacity of a representative, including presentation of its views to officials of the Executive Branch, the Congress, or any other appropriate authorities. Each employee shall have the right to exercise their First Amendment rights without fear of penalty or reprisal. This right also extends to engaging in collective bargaining with respect to conditions of employment through representatives chosen by employees in conformance with the exclusive representation rights of the Union.
SECTION C: Nothing in this Agreement shall require a Unit employee to become or to remain a member of this Union 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 deduction in accordance with Article 9, Dues Withholding.
SECTION D: The employee has a right to be represented by the Union without discrimination and without regard to labor organization membership where provided for by law, rule, or regulation. Each employee shall have the right to bring matters of personal concern, either informally or formally in accordance with Article 33, Negotiated Grievance Procedure, or Article 34, Unfair Labor Practices, to the attention of Management officials having the authority to resolve the concern, subject to the exclusive representation rights of the Union. The parties agree there will be no restraint, harassment, intimidation, reprisal or coercion against the employee in the exercise of this right. If an employee wishes to discuss a problem, potential grievance, or unfair labor practice with a Union Representative, the employee shall have the right to contact and meet with a Union Representative on duty time.
SECTION E: An employee has the right to review his or her official Personnel Folder during normal duty hours.
SECTION F: An employee has the right to raise as a defense to a performance-based adverse action, the lack of necessary training that has been previously requested and documented by the employee and denied by Management.
SECTION G: The employee has the right to be represented by the Union at any examination by a representative of Management in connection with an investigation if the employee reasonably believes the examination may result in disciplinary action against the employee and the employee requests representation. Management shall inform employees of this right annually.
SECTION H: If the employee requests a representative under Section G above, no further questioning will take place until the representative is present. Management will delay the examination and reconvene when the employee and representative are prepared to meet.
SECTION I: Management shall make every good faith effort to ensure that the employees being questioned by representatives of the Employer during the course of an administrative investigation will be informed as to the identity of the investigator(s) and investigation topics reasonably in advance of the beginning of the investigation’s questioning or other investigatory efforts.
SECTION J: Employees shall be protected against reprisal of any nature for the proper disclosure of information not prohibited by law or Executive Order, which the employee reasonably believes evidences a violation of law, rule, or regulation; or evidences mismanagement, waste of funds, an abuse of authority, or danger to public or employee health or safety.
SECTION K: Employees have the right to refuse orders that would clearly require the employee to violate law, rule, regulation, or cause injury to themselves or other employees.
SECTION L: Employees shall have the right to report and request inspections of unsafe or unhealthful working conditions and refuse to perform tasks without fear of reprisal if the employee feels that the conditions are unsafe.
SECTION M: If an employee is to be served with a warrant or subpoena on the organization’s premises, it shall be done, where reasonably possible, in private and without the knowledge of other employees.
Facilities and Communications
SECTION A: Facilities
SECTION B: Communications
Official Time
SECTION A: For the purpose of this article, official time is defined as time granted to Union representatives to perform representational functions while otherwise in a duty status without charge to annual leave or loss of pay. Union representatives include elected officers, stewards, and Union appointees. Management and the Union recognize that time spent by Union representatives contributes to the development of orderly and effective labor-management relations.
SECTION B: For the President and Vice President of the Union, the Union and Management agree that a reasonable amount of official time is necessary to produce orderly and effective labor management relations which are applied consistently throughout the organization, and to effectively carry out the duties of their offices.
SECTION C: Union representatives, other than those provided for in Section B of this Article, will request prior approval, from their supervisor, for use of official time to conduct representational activities. Official time for these purposes shall be granted consistent with 5 USC 7131 and organizational priorities. In the opinion of the supervisor, if the granting of official time will negatively impact organizational priorities, the supervisor and Union Representative will seek a mutually agreeable rescheduling of official time. In their disclosure to the supervisor, the Union representative will not be required to compromise the confidentiality of the grievance, potential grievance, or other confidential Union business, relating to representational activities. Management has no intent, as defined by law and regulations, to regulate Union activities.
SECTION D: When an individual employee elects self-representation in a grievance or administrative procedure, official time will be granted consistent with 5 USC 7131.
SECTION E: The Union and Management recognize the necessity to accurately record the amount of official time used for representational purposes. Union representatives will submit a record of their official time used at the end of each pay period. For the President and Vice President of the Union, in addition to recording time by pay period, a quarterly report of time usage and a plan for the next quarter will be provided to the LMPC and their supervisor of record.
Dues Withholding
SECTION A: An employee officially assigned to a bargaining unit position and who is a member in good standing of the Union may authorize an allotment from his or her pay for Union dues provided that:
SECTION B: The Union within 10 days of the effective date of this Agreement, shall notify the Human Resources Office in writing of the names and titles of officials authorized to make the necessary certification of Standard Form 1187, the Union treasurer's name and the address to which remittances should be sent, and how the check should be inscribed. If any of this information should change, the Union shall promptly notify the Human Resources Office in writing.
SECTION C: The Union will inform each of its members of the voluntary nature of the dues authorization, of the procedure for authorizing the allotment, and the conditions under which the allotment may be revoked. The Union agrees to obtain and distribute to its members Standard Form 1187 and to receive completed forms from members. The Union shall receive completed forms from members, enter the amount of dues to be deducted each pay period, determine if the member is in good standing in the Union, complete the required certification, and submit the forms to the Human Resources Office.
SECTION D: Allotments authorized on properly completed and certified forms which are received by the Human Resources Office will be processed to the DOE Payroll Office within 10 days of receipt. The authorized amount to be withheld from the employee's pay will begin the first full pay period after the date of receipt in the DOE Payroll Office. Withholding of the authorized amount will continue until the allotment is terminated under one of the conditions provided in Sections H through L of this Article.
SECTION E: The DOE Payroll Office will withhold the regular Union dues from the pay of each employee for whom it has a properly executed current allotment authorization. Dues will be withheld on a biweekly basis conforming to a regular pay period. Only the regular, periodic amount required to maintain an employee in good standing with the Union will be deducted. No special assessments, fines or similar fees shall be deducted except for dues erroneously omitted after receipt by the employer of an employee's Standard Form 1187 or notification of dues increase as covered in Section G of this Article.
SECTION F: After the close of each pay period, the DOE Payroll Office will certify for payment the net amount to be remitted. A check for this amount will be mailed to the Union. Administrative errors in underpayment of remittance checks will be corrected and adjusted in the next remittance check. The Union upon discovery of an overpayment error will promptly refund overpayment to the DOE Payroll Office. The remittance check will be accompanied by a list of Union members with current allotment authorizations, the amount withheld from each person's pay, a statement showing the total amounts withheld during the pay period, any administrative adjustments, names of those whose pay was not sufficient to cover the full amount of the deduction and the net balance remitted.
SECTION G: If the amount of regular dues is to be changed, the Union shall inform the Human Resources Office who shall forward the change to the DOE Payroll Office within 10 days of receipt of the request for change. Only one such change may be made in any 12-month period. The change will be effective the beginning of the first pay period after receipt of the change notice by the DOE Payroll Office.
SECTION H: If the Union loses exclusive recognition, the Human Resources Office will notify the DOE Payroll Office who will terminate allotments for all members effective with the beginning of the pay period following the one in which the notification is received by the DOE Payroll Office. The allotment of all employees in the organization will be terminated on the effective date of the first complete pay period after the Union ceases to have exclusive recognition.
SECTION I: The Union shall provide to the Human Resources Office in writing the name of any employee who ceases to be a member in good standing in the Union within 10 days of the date of such a determination. The Human Resources Office shall forward a termination request to the DOE Payroll Office within 10 days of the date of receipt. The allotment of an individual employee will be terminated effective with the first complete pay period after which the DOE Payroll Office receives written notice from the Human Resources Office.
SECTION J: The allotments of an individual employee will be terminated on the effective date of his or her separation from the organization. Allotments will not be prorated, however, and full allotments will be taken from the check covering a final partial pay period.
SECTION K: If the employee is promoted, reassigned, or otherwise moved out of a bargaining unit position, the Human Resources Office will notify the DOE Payroll Office, the Union, and the employee that he or she is no longer eligible for dues withholding under this Agreement, unless the employee elects to continue dues withholding. If the employee does not elect to continue dues withholding, the Human Resources Office shall execute Standard Form 1188, Cancellation of Payroll Deductions for Labor Organization Dues, within 10 days of the notification and forward this request to the DOE Payroll Office. The allotment of an individual employee will be terminated effective with the first complete pay period after which the DOE Payroll Office receives written notice from the Human Resources Office.
SECTION L: An employee who wishes to revoke his or her dues allotment shall complete Standard Form 1188 and provide this form to the Human Resources Office. A properly executed request to revoke an authorization to deduct dues will be effective on the next anniversary date of the employee's dues authorization. The Human Resources Office, upon receiving a written revocation notice Standard Form 1188 from an employee, will notify the Union and the DOE Payroll Office within 10 days of receipt of the request. The DOE Payroll Office will terminate the allotment at the beginning of the pay period on the anniversary date of the last dues authorization.
Labor-Management Partnership Council
SECTION A: Both Management and the Union agree that the existing Labor-Management Partnership Council (LMPC) is beneficial to the operation of the organization.
SECTION B: The existing LMPC shall operate according to its established charter. The present charter of the LMPC is considered adequate by both Management and the Union; however, the charter may be changed by consensus of the LMPC.
SECTION C: The LMPC may address negotiable and non-negotiable issues. The LMPC is an available forum for mid-term bargaining, negotiation over negotiable issues, discussion of non-negotiable issues, and for addressing potential grievances and unfair labor practices that may have organizational impacts.
SECTION D: The LMPC may identify issues that will be negotiated and become part of this Agreement. Issues negotiated by the LMPC shall be considered fully negotiated when they are reduced to writing and approved by the LMPC. Negotiated issues shall be communicated to all employees and shall have the full force of this Agreement.
SECTION E: Nothing in this Article nor participation on the LMPC by either Management or the Union shall abridge the rights of Management or the Union to bargain in good faith as prescribed by law.
Midterm Bargaining
SECTION A: Midterm bargaining may occur concerning implementation and impact, new matters, any re-opener clause issues as described in this agreement, or by mutual consent.
SECTION B: Either Management or the Union may enter into midterm bargaining by notifying the other party in writing of the desire to enter into midterm bargaining, the issue to be negotiated, and the chosen method and means for midterm bargaining. Labor shall send the notification to the Director and Management shall send the notification to the Senior Union Official.
SECTION C: The responding Party shall reply in writing to the initiator within 14 days by either:
SECTION D: Regardless of the source of the request for midterm bargaining, if Management is the responding party and agrees to negotiate, the response shall be provided to all Senior Union Officials representing any bargaining units along with an invitation to enter into the negotiations. Senior Union Officials shall indicate their intent to enter into the negotiations by accepting the invitation within 14 days.
SECTION E: If the use of midterm bargaining teams is the chosen method and means for midterm bargaining and more than one local is involved in the negotiations, then management shall appoint no more than four Management representatives and each local shall appoint two Union Representatives to form the negotiation team. The team shall create ground rules for negotiations and enter into negotiations on the identified issue.
SECTION F: If only one local is involved in the negotiations, then each Party shall appoint no more than two members to form the negotiation team. The team shall create ground rules for negotiations and enter into negotiations on the identified issue.
SECTION G: Agreements reached by the Parties on additional negotiable items in accordance with this article shall become effective on the date they are approved by the Union and Management. Such agreements shall become a part of this Agreement.
Impact and Implementation
SECTION A: Management and the Union agree to conduct good faith impact and implementation negotiations with full disclosure of information relating to the impact and implementation as obligated by 5 U.S.C. 71, other relevant policies and procedures, and this Agreement.
SECTION B: Management recognizes that early involvement (i.e., the planning stage) by the Union on issues related to the administration of this contract and the effective operation of this organization will facilitate negotiations associated with Impact and Implementation.
SECTION C: By mutual agreement, Management and the Union may refer Impact and Implementation negotiations to the LMPC.
Use of Leave
SECTION A: An employee’s supervisor shall make every effort to approve employees’ requests for leave. To facilitate timely approvals leave requests should be made in advance. Requests for leave of one workday or less may be verbal. Credit hours and compensatory time shall be considered as annual leave in this Article.
Supervisors shall approve or deny a request for leave of three workdays or less within two workdays of the request. Failure to respond to a request for three workdays or less within two workdays will be considered as approval. Supervisors will normally respond to a request for greater than three workdays within five workdays of the request. If the employee does not receive a response within five workdays after submission, the employee has the right to submit the request to the next level supervisor. Denials must be based on work requirements, subject to official leave restrictions. Employees and/or their Union Representatives shall receive written denial or revocation of pre-approved leave decisions and supporting rationale upon request. All leave usage shall be subject to 5 CFR 630, Absence and Leave.
SECTION B: Employees may request use of annual leave at any time, in any duration, or pattern. Since employees’ reasons for requesting annual leave are often personal in nature, the reasons are not normally required in the annual leave request. With regard to annual leave:
SECTION C: Authorization for sick leave use, because of its nature, is not usually obtained in advance, except for cases where the employees know they will be unable to work because of medical examination or treatment, a period of convalescence, a lengthy illness, etc. With regard to sick leave:
SECTION D: With regard to leave without pay:
SECTION E: With regard to leave for parental and family responsibilities, the Union and Management recognize that family situations carry certain responsibilities that cannot be ignored or postponed, but that prolonged absences for these purposes make it harder to achieve organizational goals. It is agreed that leave to meet parental and family responsibilities shall be considered as an appropriate use of annual leave, sick leave, or leave without pay as authorized by 5 CFR 630.1201.
SECTION F: Requests for advances of leave and voluntary leave transfers shall be granted in accordance with applicable DOE and OPM regulations.
SECTION G: Management agrees that when, in its judgment, it becomes necessary to close the duty station because of inclement weather or any other emergency condition, employees shall be given Administrative Leave. Management will make its best effort to give employees the earliest possible notice of closures or delays in opening for inclement weather or other emergency reasons.
SECTION H: When Management imposes an official leave restriction on an employee, it shall be in the form of a written memorandum to the employee and shall be based on conduct, performance, or mission requirements
SECTION I: For other types of leave not explicitly addressed in this Article, leave will be granted in accordance with 5 CFR 630 and other applicable laws and DOE Orders, along with any position restoration rights. These types of leave may include, but are not limited to, religious leave, court-related leave, military leave, etc.
Details and Temporary Promotions
SECTION A: Management and the Union agree that Details and Temporary Promotions are an effective mechanism to cross-train, and provide career development opportunities for employees.
SECTION B: Details of employees will be kept to the shortest practical duration, and normally shall not exceed one year.
SECTION C: Temporary promotions and details to a higher grade are limited to 120 days, unless competed. Competed temporary promotions will normally not exceed one year in duration, but may be extended for a longer period in accordance with applicable regulations.
SECTION D: All Details and Temporary Promotions shall be described in writing and placed in the employee's Official Personnel Folder.
Training and Career Development
SECTION A: The Union and Management agree that development of employee’s knowledge, skills and abilities through effective training is an important factor in maintaining efficient operations.
SECTION B: Management acknowledges its responsibility to provide training and career development opportunities for employees. The employee is encouraged to construct career development plans (i.e. individual development plans, internships, or other special training/development programs) with their supervisor on an annual basis. Elements of this plan should be formulated in conjunction with the annual employee performance review.
SECTION C: Management will determine employee development and training that is essential to meet work force needs, and will provide such training subject to the availability of training and travel funds. NETL is committed to providing employees opportunities to upgrade and improve their skills and capabilities.
SECTION D: Selection for training will be in accordance with merit procedures when such training is given primarily to prepare employees for advancement and is required for promotion.
SECTION E: The Union and Management agree that group training is a cost-effective method for employee development.
SECTION F: Employees taking college classes which are relevant to the NETL mission and that have been approved by their supervisor shall have 100 percent payment or reimbursement for tuition, books and fees. Payment of tuition, books and fees shall be paid upon submission of an invoice by the employee. After the course is completed, employees must provide Human Resources with verification of successful completion of the course. If an employee fails to successfully complete a course, in the future this employee may only be eligible for tuition, books and fees reimbursement after the successful completion of a course and at the discretion of the supervisor. To receive payment, the employee will be required to submit a passing grade certified by college transcript and a paid receipt.
SECTION G: Employees in a graduate level program that fulfills a current need of NETL will be on official duty time to attend one graduate level course each semester. Employees taking college level courses are eligible to have one course per semester approved for official duty time upon showing that the course fulfills a current need of NETL. Employees may request official duty time for additional courses. Official duty time for travel if approved by the supervisor may not exceed the actual time spent in class. The employee will not be reimbursed for travel expenses for college courses.
Reorganization/Relocation Notification Procedures
SECTION A: Management and the Union agree that a stable and healthful office environment which contributes to employee comfort, productivity and job satisfaction is an important organizational objective. When Management determines that it is necessary to reorganize or to physically relocate employees, it will provide advanced notification to the Union to begin a cooperative discussion. The objectives are for the reorganization/relocation to be thoroughly coordinated with the Union, well planned and implemented promptly, in accordance with procedures outlined in this Article, and to minimize adverse impact upon staff and organizational disruption. This Article does not apply to moves of employees based on merit promotion, reassignment, or detail.
SECTION B: Definitions
For the purpose of this Article:
SECTION C: Disclosure of Plans
SECTION D: When allocating office space in conjunction with a relocation, or, if appropriate, subsequent to a reorganization, the NETL Space Management Process (NETL P 570.1-1) will be followed.
SECTION E: Nothing in this Article shall be construed to waive the Union’s statutory right to bargain.
Position Descriptions
SECTION A: A position description is a set of duties and requirements for the employment of a full- or part-time employee.
SECTION B: Each employee is entitled to a current copy of his/her position description which describes the major duties and responsibilities of the position. Management shall notify the employee prior to any change in his/her position description.
SECTION C: Management is responsible to assure that an employee’s position description is current and relative to the duties of the position.
SECTION D: Bargaining Unit employees shall be specifically assigned to one immediate supervisor for administrative and supervisory purposes.
Unacceptable Performance
SECTION A: This Article applies only to Bargaining Unit employees who have completed their probationary or trial period, except to the extent prohibited by laws.
Unacceptable performance is performance by an employee for which the employee receives a rating of Fails to Meet Expectations on their performance. Unacceptable performance may result in reduction in grade or removal of an employee.
An employee has the right to representation at a meeting between an employee and management during which the employee reasonably believes that disciplinary action may result. If such a request is made by an employee during a performance meeting, management shall honor the request by stopping the meeting and rescheduling at the earliest possible time.
Any action based upon unacceptable performance will be fair, equitable, and administered as timely as possible.
SECTION B: Prior to issuing a notice of proposed action based on unacceptable performance, management will issue a letter to the employee that contains the following:
The Union will not grieve either the substance or procedural aspects of this notice until a final decision is issued. When an employee meets the requirements of the PIP this process ends.
SECTION C: Management will consider lateral reassignment of an employee based on unacceptable performance before it acts to reduce in grade or remove an employee for unacceptable performance.
SECTION D: In all cases of proposed action based on unacceptable performance, the employee will be given 30 calendar days advance written notice of the reasons and specifications of unacceptable performance on which the proposed action is based. The advance written notice proposing either to remove or downgrade an employee for unacceptable performance will include:
The employee will be given the opportunity, but will not be obliged, to respond orally and/or in writing to Management prior to a decision on the reasons and specifications for the proposed action. Any written response by the employee must be provided within 15 calendar days of the receipt of the letter of proposed action. The employee has a right to request an extension of an additional 15 days to respond, subject to the agreement of Management.
SECTION E: The Reviewing Official will set forth findings with respect to each reason and specification for or against the employee in the final decision letter. The final decision and subsequent action to either remove or downgrade an employee because of unacceptable performance will be completed no later than 30 calendar days after the expiration of the advance notice period, and will be based only on those instances of unacceptable performance by the employee which occurred during the one-year period ending on the date of the advance notice letter. In taking an action based on unacceptable performance, management will consider the employee's performance during the performance improvement period. Any entry or other notification of the unacceptable performance shall be removed from any agency record relating to the employee upon completion of an acceptable level of performance earned during the performance improvement period, coupled with a continued acceptable level of performance for one year thereafter.
SECTION F: An employee will, upon request, be furnished a copy of that portion of all written documents which contains evidence relied on by Management to form the basis for the reasons and specifications for the action. If the action is based on an investigative report, portions of all written documents from the investigative report which directly relate to the specifications and are favorable to the employee will be furnished to the employee upon request. If probable cause exists and is demonstrated to the arbitrator by the Union on appeal that favorable information provided for in this section has not been furnished by Management, upon request of the arbitrator the report will be furnished for an "in camera" inspection to be made in conformity with the Privacy Act (5 U.S.C. 552a). Material determined by the arbitrator to be favorable under the criteria of this section and not previously furnished to the Union will be furnished to the Union. Nothing in this section is to be construed as a waiver of the employee's or Union's right to request additional information under other authorities such as the Freedom of Information Act, Privacy Act, or Civil Service Reform Act.
SECTION G: If Management’s final decision is to effect an action based on unacceptable performance against a bargaining unit employee, the employee may appeal the decision to the Merit Systems Protection Board (MSPB) in accordance with applicable law or, with the consent of the Union, submit the decision to binding arbitration. Under no condition may an employee appeal an action based on unacceptable performance to both MSPB and arbitration.
If the Union elects to appeal an unacceptable performance action to arbitration, it will be done in accordance with Article 35, Arbitration, of this contract.
The notice of appeal must be given by certified mail or by hand delivery to the appropriate deciding official. Notice of appeal by certified mail shall be effective when mailed and notice of appeal by hand delivery shall be effective when received.
The standard of proof in any arbitration over this matter will be substantial evidence. Management will raise no cases against the employee other than those cited in the notice of proposed action except to the extent necessary to rebut defenses or arguments raised in the employee's behalf, such as an argument that the cited cases are but a small portion of the employee's total work product which is otherwise acceptable.
The arbitrator shall have the obligation of assuring that all necessary facts and considerations are brought before him or her by the representatives of the parties. This may include drawing an appropriate inference when either party fails to present facts or witnesses that the arbitrator deems necessary and relevant.
SECTION H: With the employee's written concurrence, Management will provide the Union copies of the employee’s unacceptable performance action proposal and decision letters at the same time as their issuance to the employee.
Disciplinary Actions
SECTION A: A disciplinary action for the purpose of this Article is defined as an oral admonishment, a written reprimand, or a suspension of 14 calendar days or less. Employees will be advised of their grievance rights before receiving any form of disciplinary action.
SECTION B: Reference DOE Order 3750.1: Investigations of situations that could lead to disciplinary actions should be initiated while the information is fresh and readily available. If a substantial delay in effecting an action can be anticipated, the employee affected by the action shall be informed by Management that the action is being considered, that a determination will be made when possible on a course of action, and that the formal document will be provided when the decision is made. When possible, notices of proposal, decision and reprimand will be delivered personally and explained to the employee. The employee shall acknowledge receipt in writing on a copy of the notice.
The Management shall, for disciplinary actions except for oral admonishments:
SECTION C: Oral admonishments are the lowest level corrective action without a permanent written record. They are informal discussions or meetings for correcting unacceptable behavior. An employee will be informed by the supervisor that the discussion is considered an oral admonishment. Oral admonishments are not subject to the notice requirements of the above paragraph.
SECTION D: Any meeting between a Bargaining Unit employee and Management during which the employee is being examined with respect to an investigation and the employee believes disciplinary action may occur as a result of the meeting, the employee has the right to request Union representation at any time before or during such meeting. Management shall schedule such meetings in advance so that the employee can contact and obtain union representation. However, Management is not responsible for notifying the employee of this right in individual cases. Management will notify employees of the right to Union representation at least annually as prescribed by 5 USC, Section 7114 (a) (3).
SECTION E: The Management must advise an employee of his/her right to Union representation or representation by a third party of the employee’s choice prior to the taking of a written or sworn statement or when an employee is going to be interrogated before witnesses. The employee does not have this right if such an interrogation is part of an informal meeting as defined by case law. This provision does not apply to outside investigative organizations.
SECTION F: Management will grant upon request to the employee and employee-representative a reasonable amount of official time to prepare and present any oral or written reply and other defense. The employee must make the request for official time in writing to their supervisor of record.
SECTION G: Management and the Union endorse the concept of progressive discipline by management (i.e. admonishment, warning, reprimand, suspension, reduction in rank or pay, removal). Management retains the right to determine the level of discipline to be applied in any given situation subject to challenge consistent with applicable laws, DOE Orders and regulations.
SECTION H: Whenever a written disciplinary action as defined in this Article is taken affecting unit employees, Management agrees to provide an extra copy to the employee, which he or she may furnish to the Union if desired.
SECTION I: No record of a complaint, determined to be unfounded, will be placed in the unit employee's Official Personnel Folder. Such complaints may, in the interest of the unit employee or Management, be maintained in a subject file but will not under any circumstances be considered as a factor in connection with any disciplinary action, promotion, etc. Such subject file will be maintained in accordance with the Management’s records retirement program.
SECTION J: Management and the Union agree to the timely disposition of investigations and disciplinary/adverse actions.
SECTION K: When appropriate, management and union will consider the use of the Employee Assistance Program as part of remedial action for substance abuse issues.
Adverse Actions
SECTION A: An adverse action for the purpose of this Article is defined as a suspension for more than fourteen (14) calendar days, reduction in grade or pay, furlough for 30 calendar days or less, or removal. The procedures of this Article do not apply to the removal of any bargaining unit employee serving a probationary or trial period or an employee under a temporary appointment except as provided by law.
The Management shall, for adverse actions:
SECTION B: It is the responsibility of Management to inform the employee of right of choice with respect to representation within the content of the initial letter pertaining to the notification of the adverse action. The representation rights of the employee are covered specifically by statute. For information purposes only, the employees have the choice to be represented by the Union or other individual of their own choosing or by an attorney as retained by the employee. If the employee chooses to be represented by the Union, the Union may recommend and on approval of the employee seek representation by a third party. Union members (at their request) shall be represented by the Union in statutory appeals, but the Union is not required to provide representation for non-Union members in statutory appeals.
SECTION C: Adverse actions may be appealed, at the option of the employee, through the negotiated grievance procedure or the statutory appeals procedure, but not both.
SECTION D: Materials and documentation on which notice of a proposed action is based and which are relied upon to support the notice, including statements of witnesses, and investigative reports or extracts there from, shall be assembled and made available to the employee for his/her review. Employee shall sign to certify receipt of materials and documentation received as part of a proposed adverse action. Management will keep the records and receipt on file per documentation regulations. Management forfeits the right to use supporting materials or documentation not disclosed to the employee in the prescribed manner.
SECTION E: Management will grant upon request to the employee and the employee’s representative a reasonable amount of official time to prepare and present any oral or written reply and other defense. The employee must make the request for official time in writing to his/her supervisor of record. The employee’s representative will also make a written request for official time to his/her supervisor of record. Management will respond with a written reply that the employee shall sign certifying the receipt, and this documentation shall become part of the official file for the adverse action. If the employee chooses to make an oral reply, his/her representative also has the right to attend. The person who will make the final decision on the adverse action will hear an oral reply.
Employee Assistance Program
SECTION A: The Parties recognize alcohol abuse, drug abuse, and/or an emotional problem as treatable illnesses that may impair an employee's attendance and/or job performance. Accordingly, pursuant to the provisions of Employee Guide to Federal Leave and Family Friendly Programs, Management agrees to provide, on a confidential basis, counseling for employees who voluntarily acknowledge alcohol abuse, drug abuse, and/or emotional problems and seek counseling or referral assistance.
SECTION B: Management agrees that:
SECTION C: The Union agrees that, to the extent possible:
Employee Surveillance, Searches, and Incident Reports
SECTION A: Searches of vehicles and packages shall be done in accordance with NETL Order 473.1A, Vehicle and Package Inspections, Prohibited Controlled Articles, dated February 24, 2004. It is the intention that inspection/searches at entrance gates will be done on a random basis, as determined by management, except under unusual circumstances.
SECTION B: Should management determine to modify camera location or usage, it will notify the Union and give the Union the opportunity to bargain to the extent required by law.
SECTION C: Cameras used for experimental process monitoring are not covered by this Article.
SECTION D: Incident reports provided to NETL Management will be provided to the employee consistent with law, rule, or regulation.
Merit Promotion and Internal Placement
SECTION A: The organization will maintain a merit promotion and internal placement program in order to develop and retain a competent work force, and stimulate an employee’s highest potential by offering opportunities for growth and advancement.
SECTION B: All merit promotions will be processed in accordance with the NETL Merit Promotion and Internal Placement Procedures set forth in Appendix A. The provisions of 5 CFR Part 335 and applicable DOE orders also apply to all promotion and internal placement actions where competitive procedures are required.
SECTION C: Merit promotion is one of several methods that may be used for filling a vacancy. Other methods include, but are not limited to, reassignment, transfer, reinstatement, appointment through delegated examining procedures, reemployment priority lists, or special emphasis appointing authorities.
SECTION D: All merit promotion actions will be taken without regard to political, religious or Union affiliation, marital status, sexual orientation, race, color, national origin, sex, age, or disability.
Part-Time Career Employment/Job Sharing SECTION A: Consistent with the Federal Career Part-Time Career Employment Act of 1978, a part-time permanent employee has a career or career-conditional appointment (or a permanent appointment in the excepted service), works between 16 and 32 hours each week on a prearranged schedule, and is eligible for benefits. SECTION B: Consistent with resource and mission requirements, Management agrees to give bona fide consideration to requests from employees for part-time career employment opportunities, especially in connection with:
SECTION C: Written requests to work part-time must be submitted from the employee to the supervisor. The request should include a proposed strategy that indicates how the full-time job can be restructured into a part-time job, and a record of the important tasks, a suggestion of how the tasks could be done in fewer hours, be discontinued, or done by someone else. The request should also include the proposed work schedule, including the days and hours proposed to work, not to exceed more than 32 hours in a week. The supervisor will review the request and determine if restructuring the job into a part-time position would meet the needs of the organization. The supervisor will inform the employee within 30 working days of the decision, and if the request is denied, will provide the basis for the denial. SECTION D: During a part-time work assignment, an employee may request approval to work extra hours during the pay period if the work situation demands it, but the increase is not permitted for more than two consecutive pay periods. An employee’s request for temporary adjustment of an established part-time work schedule may be granted if made in advance of the pay period, and is based on personal need or to permit participation in Management-approved details, other assignments, or training. Such adjustment shall not result in a permanent change of the established work schedule. SECTION E: Part-time employees are not precluded from being promoted on a noncompetitive basis within the career ladder or selected for promotion through competition. Part-time employees are eligible for career ladder promotions, subject to applicable qualification requirements and the ability to perform at the next higher grade. If a position can accommodate a work schedule other than full-time, it will be noted on the vacancy announcement. SECTION F: When a position is staffed on a full-time basis, the supervisor may consider job sharing as an option consistent with resources and mission requirements. Job sharing is a form of part-time employment in which one full-time position is filled with two or more part-time employees. Job sharers must be good communicators, be willing to consult and cooperate as members of a team rather than as competitors, be flexible, and have a strong commitment to the job and to making the job sharing arrangement work. They must have complementary skills, knowledge, and abilities and compatible work styles. Employees working in the same occupational series and grade, or in the same line of work, may request the opportunity to enter a job sharing arrangement. (1) Dividing and Sharing Responsibilities Written requests to job share must be submitted to the supervisor from the job team. The request should include a proposed strategy that indicates how the full-time job can be restructured into a job sharing arrangement. The request should also include the proposed work schedule for the job sharing team, including the days and hours proposed to work.
The supervisor will review the request and determine if restructuring the job into a job share arrangement can be accommodated and if it will meet the needs of the organization. The supervisor will inform the employees within 30 working days of the decision, and if denied, will provide the basis for the denial.
If the job sharing arrangement is approved, the job sharers with the supervisor shall prepare a Job Sharing Agreement.
The decision on whether job sharers should be jointly responsible for the entire position or only for separate functions depends on the job and the abilities of the job sharing team. To determine the arrangement for a particular job, the supervisor shall examine the position description and decide which tasks will be shared. Most job sharing arrangement will probably fall somewhere between the job sharers being individually responsible for certain aspects of the job and jointly responsible for other.
Although they share the duties of a full-time position, job sharers are considered to be individual part-time employees for all personnel and employment purposes.
(2) Position Descriptions When two job sharers at the same grade level are jointly responsible for all the duties and responsibilities of the full-time position, there is no need for the supervisor to restructure the job. Each team member shall have a copy of the position description to which a statement has been added to show that the incumbent is a job sharer jointly responsible for carrying out all the duties and responsibilities of the position.
When job sharers will be individually responsible for portions of the job, or when the job sharers are at different grade levels, separate position descriptions are required to reflect the actual duties and responsibilities for each employee. Each job sharer shall have a position description that accurately reflects his or her duties and responsibilities.
(3) Scheduling Work Hours At the supervisor’s discretion and within available resources, each job sharer can work from 16 to 32 hours per week. The specific work schedule depends on the nature of the job, the needs of the organization, the job sharing team, and the supervisor’s approval.
A variety of different work scheduling arrangements can be used as long as each job sharer is scheduled to work no less than 16 hours and no more than 32 hours each week. For example, the arrangement can split days (one job sharer works mornings, the other afternoons), or split the week (on job sharer work some days, the other on other days), or a mix of the two. Although most job sharers split the hours of a full-time position in half, this is not a requirement. The number of scheduled hours each employee works within the team, as well as the amount of scheduled overlap time, depends on the needs of the particular position and the resources available as determined by the supervisor.
(4) Performance Evaluations Each member of a job sharing team shall have his or her own performance standards. These will be identical if the job sharers are jointly responsible for the entire position. Each job sharer shall be evaluated separately although the evaluation will often be based on the work to which both have contributed.
(5) Shared Space and Equipment Space and equipment shall be shared by the job sharers unless additional equipment is available and would cause no undue burden on the organization. Job sharers who use the same desk, telephone, computer, etc., will need to agree on the basics so they do not lose time searching for or rearranging items.
(6) Communications The job sharers must have a workable communication system which serves the purpose without detracting from their ability to get the work done.
(7) Ending or Changing a Job Sharing Arrangement The decision to approve or to terminate a job sharing arrangement is at Management’s discretion. In the event one of the job sharing participants leaves, or otherwise needs to discontinue the job sharing arrangement, and Management concludes that the needs of the position require full-time staffing, Management shall make every reasonable effort to assist the remaining job sharing partner in finding another partner. The remaining participant will be given a reasonable amount of time to find another partner. If the remaining participant is required to increase their tour of duty, they will be given as much advance notice as possible, but no less than two weeks advance notice prior to increasing the tour of duty.
(8) Applying for Merit Promotion Vacancy Announcements Management may not refuse to accept applications from individuals solely because they submitted their applications as a job sharing team. Each job sharer must be evaluated individually to determine eligibility. If both are among the best qualified, they must be referred as a team to the selecting official. However, in situations where a job sharing arrangement would not be appropriate, the selecting official can select a single candidate from among the best qualified. However, a member of a job sharing team must also apply as an individual to be considered on that basis. SECTION G: Part-time employees under permanent appointments are eligible, on a prorated basis, for the same benefits as full-time employees. (1) Leave Employees shall earn annual and sick leave on a prorated basis depending on the number of hours worked per pay period. An employee with less than 3 years of service earns 1 hour of annual leave for each 20 hours worked; with 3 but less than 15 years of service, the employee earns 1 hour for each 13 hours worked; and with 15 or more years of service earns 1 hour for each 10 hours worked. Part-time employees shall earn 1 hour of sick leave for each 20 hours worked. Part-time employees are also eligible for other kinds of leave and are covered by the rules governing the Family and Medical Leave Act of 1993 and the Federal Employees Family-Friendly Leave Act. (2) Holidays If a holiday falls on a day the employee is scheduled to work, the employee is paid for the number of hours he or she was scheduled to work, not to exceed 8 hours. A part-time employee is not entitled to a holiday which falls on a day the employee is not normally scheduled to work.
(3) Retirement Retirement annuities are based on an employee’s length of service and the highest annual base pay received for any three consecutive years. Each year of part-time service counts as one full year toward the length of service requirement. However, the annuity calculation for periods of part-time service after April 6, 1986, is prorated to reflect the difference between full-time and part-time service. Employees who are considering a change to a part-time work schedule should obtain an estimate of their estimated retirement benefit projection from the Human Resources Division.
(4) Health Insurance Part-time employees who participate in the Federal Employees Health Benefits Program receive the same coverage as full-time employees but pay a greater percentage of the premium because the Government’s share is prorated based on the number of hours the employee is scheduled to work each week. For an example, an employee on a 20-hour-per-week schedule receives one-half the Government contribution towards the premium.
(5) Life Insurance The amount of life insurance for which an employee is eligible is based on the part-time employee’s annual salary applicable to his or her tour of duty.
(6) Qualification for Merit Promotion Determinations Part-time work is prorated for determining qualification requirements. For example, an employee who works 20 hours a week would receive credit for 6 months of experience at the end of 12 months of work. SECTION H: Before accepting a part-time position, employees should carefully consider and consult with the Human Resources Division regarding all personnel issues that may affect part-time employment. (1) Pay Gross pay is computed by multiplying the employee’s hourly rate of basic pay by the number of hours worked during the pay period. Overtime rates apply only to the hours in excess of 8 hours in a day or 40-hours in a week. Non-overtime hours above those normally scheduled are paid at the basic rate of pay (5 U.S.C. 5542 and Fair Labor Standards Act).
(2) Reduction In Force In a reduction in force (RIF), part-time employees compete separately from full-time employees in accordance with the requirements of 5 CFR 351. A part-time employee can compete only for other part-time jobs and has no assignment rights to full-time positions. Similarly, a full-time employee has assignment rights only to full-time positions and cannot displace a part-time employee.
(3) Adverse and Performance-Based Actions Part-time employees have the same rights as full-time employees when disciplinary actions or performance-based actions are taken against them. Adverse and/or performance-based actions include suspensions, removals, furloughs, and reductions in grade. A reduction in scheduled hours is not subject to adverse action procedures.
(4) Service Credit A part-time employee earns a full year of service for each calendar year worked, regardless of schedule, for the purpose of computing dates for: a. Retirement eligibility; b. Career tenure; c. Completion of probationary period; d. Within-grade pay increases; and e. Time-in-grade restrictions on advancement. SECTION I: Employees with a work schedule of at least 8 hours in a workday are entitled to a one-half hour, unpaid lunch break. Employees whose work schedule includes workdays of less than 8 hours are not entitled to a lunch break. SECTION J: A full-time employee shall not be required to accept part-time employment as a condition of employment. A vacant, part-time position may be offered to a full-time employee in lieu of separation by RIF; however, it is not considered a “reasonable offer” under the RIF assignment rights. Further, a part-time employee shall not be separated to make the part-time position available to a full-time employee. SECTION K: Management agrees to provide part-time employees access to employee activities, e.g., exercise facilities, and not to deny opportunities for attendance at training solely because of part-time status. Performance Management System
SECTION A: Chapters 43 and 45 of Title 5, United States Code (USC) provide the basis for the appraisal and recognition of Federal employees. 5 CFR Parts 430 and 451 contain the basic legal and regulatory requirements for the establishment of the Agency performance management system. Other applicable authorities related to the performance management and award system include 5 USC, Chapter 43 and 5 CFR, Part 432 (Performance Based Action) and 5 CFR Part 531 (Within-Grade and Quality Step Increases).
SECTION B: The Secretary, Department of Energy, has approved the conversion of the Department’s entire performance system to one standard system for non-supervisory employees. The new system will link individual and organizational achievement; result in performance ratings that clearly identify individuals who significantly exceed performance expectations as well as those employees who need assistance and/or corrective action as a result of overall performance that fails to meet prescribed expectations; and reward employees with monetary recognition commensurate with their performance ratings.
SECTION C: Employees will be notified at the beginning of the performance year, or at any time a change takes place, who will act as their rating official. Employees will also be told if other employees such as team leaders will have input into their performance rating.
SECTION D: Performance Appraisal Plans shall:
SECTION E: Performance Rating Level Definitions are used both as a summary performance rating to convey overall performance as well as to convey a performance rating level on an individual critical element.
SECTION F: Assigning Weights to Critical Elements:
SECTION G: The performance plan is not an inflexible record of performance expectations that may not be changed. Instead, each performance plan should be reviewed during the appraisal period and be revised whenever meaningful changes are warranted (e.g., a change in the availability of resources, direction or strategy may trigger the need to amend, revise, or delete portions of the employee’s performance plan). At a minimum the appropriateness of the performance plan will be reviewed for its applicability at the formal mid-year progress review discussion, or as applicable throughout the performance year. When a change is needed to the performance plan, the Rating Official shall discuss the matter with the employee, both will initial changes that are annotated on the appraisal form, and the Reviewing Official shall review and approve the changes.
SECTION H: Supervisors shall conduct two informal performance progress discussions during the performance appraisal year. One shall be held at approximately the end of the first quarter, with the second being held at approximately the end of the third quarter. The content of the informal discussions is not grievable. A notice shall be posted on the NETL Intranet at the appropriate times during the appraisal year that information performance discussions shall take place over the next 30 days.
Supervisors shall conduct an official progress review mid-year through the performance cycle (usually in April). In the event that it is necessary to rate the employee for less than six months of job performance, the employee shall receive the progress review at the mid-point of their rating period. The Rating Official and employee will document the discussion by completing Part II, Progress Review, of the Non-Supervisory Performance Plan and Appraisal form. The Rating Official shall provide comments/assessments of the employee’s performance.
SECTION I: In addition to the formal progress review, supervisors must facilitate open communications regarding performance with the employee throughout the performance period. In the event that performance is not meeting expectations, supervisors shall immediately bring it to the employee’s attention by providing verbal or written performance counseling. If there is failure by the employee to correct the performance deficiency, then the Rating Official shall provide the employee written guidance, through a Performance Counseling Memorandum, identifying the critical elements upon which performance needs to improve and the corresponding performance standards, and what the employee must do in order to meet performance expectations on such critical elements.
SECTION J: At any time during the performance year, and in particular prior to the progress review and annual rating discussion, individual employees and the employee’s supervisor are encouraged to solicit performance feedback on the employee, using the Performance Feedback for Non-Supervisory Employees form (NETL F 331.1-1), from a variety of individuals, such as customers, peers, and stakeholders. The feedback should be solicited from individuals who can best measure the results achieved by the employee during the rating period. These individuals can be internal or external to DOE. Supervisors are also encouraged to seek verbal feedback on their employees throughout the performance year. The supervisor shall provide a copy of any written feedback to the employee during informal or formal performance discussion. Any feedback received will not be maintained as an official document of the performance folder.
Employees are encouraged throughout the appraisal year to provide management with information about their performance.
SECTION K: Performance Rating Requirements:
If the employee has received an advisory rating during the performance cycle, it shall be considered when the final critical element rating is determined. The employee shall be provided the opportunity to discuss the advisory rating with the management official preparing the advisory rating.
SECTION L: Summary performance rating scores are computed by multiplying the weight assigned to each critical element by the point value assigned to each respective critical element. The exception would be the summary rating of a Fails to Meet Expectations (FME). If one critical element is rated FME, then the overall summary rating would be FME. Critical element rating levels and their assigned point values are listed in Table 1 below:
Table 1. Assigned Point Values for Critical Element Ratings
(1) A sample calculation of the approach for arriving at a summary performance rating score is illustrated in Table 2. Simply multiply the weight assigned to each critical element by the rating point value to compute each critical element score. The summary performance rating score is then computed by adding the individual critical element scores.
Table 2. Sample Calculation of a Summary Performance Rating Score
Table 3: Sample Calculation of the Attributes Critical Element Score
(2) Overall Critical Element Rating Score for this Sample Attributes Critical Element = 7 points. This score is then added to the other critical element scores to compute the overall summary rating score used to derive the overall performance rating.
* A rating of Needs Improvement on the Attributes Critical Element is assigned if an employee receives either: a rating of Needs Improvement on two or more attributes; or a rating of Fails to Meet Expectations on one attribute and Needs Improvement on another.
** A rating of Fails to Meet Expectations on the Attributes Critical Element is assigned if an employee receives a rating of Fails to Meet Expectations on two or more attributes. (Note that in computing the Attributes Critical Element score, 0 points must be assigned to each individual attribute rated at the Fails to Meet Expectations level.)
(3) The summary performance rating score is converted to the overall Summary Performance Rating as follows:
(a) Total Score of 80-100 = Summary Rating of SE (b) Total Score of 50-79 (with no critical elements rated FME) = Summary Rating of ME (c) Total Score of 49 and below (with no critical elements rated FME) = Summary Rating of NI (d) One or More Critical Elements rated FME = Summary Rating of FME
(4) Overall Summary Rating for this sample in Table 2: ME – 77 points fall within the range established for the Meets Expectations Summary Performance Rating Level (50 – 79 points).
SECTION M: An employee has the right to representation at a meeting between an employee and Management during which the employee reasonably believes that disciplinary action may result. If such a request is made by an employee during a performance meeting, Management shall honor the request by stopping the meeting and rescheduling at the earliest possible time.
Any action based upon unacceptable performance will be fair, equitable, and administered as timely as possible.
SECTION N: The rating given and any action taken by the Rating Official as a result of the application of the performance appraisal system is subject to the negotiated grievance procedure.
SECTION O: If Management’s decision is to take an action based on unacceptable performance against a Bargaining Unit employee, the employee may appeal the decision to the Merit Systems Protection Board (MSPB) in accordance with applicable law or with the consent of the Union, to binding arbitration. Under no circumstances may an employee appeal an action based on unacceptable performance to both MSPB and arbitration.
Employee Awards
SECTION A: Chapter 45 of Title 5, United States Code (USC) authorizes agencies to pay a cash award to, grant time-off to, and incur necessary expenses for the honorary recognition of an employee (individually or as a member of a group). Chapter 43 of Title 5, USC, provides for recognizing and rewarding employees whose performance so warrants and 5 CFR Part 531 discusses Quality Step Increases.
SECTION B: The Director has the discretion to establish award funding levels up to 4% of aggregate base pay with this computation performed at the beginning of each fiscal year when the budget is established. The Director’s discretion also extends to the establishment of individual performance award amounts and the distribution to the Special Recognition Award pool. Based on budget, the Director will establish award pots for: 1) Director’s Discretionary Award Pot, which shall not exceed 5% of the total award pool after allocation for SES awards; 2) Special Recognition Award Pot; and 3) Performance Award Pot.
SECTION C: The Special Recognition Award pot will be available for use throughout the fiscal year. The Special Recognition Award process is used throughout the year to immediately recognize employees for a special act or service above and beyond expectations. The funds will be distributed using a per capita method, based on the number of employees and known recruitments as of the date that the fiscal year pot is allocated. The last date for acceptance of Special Recognition Awards by the HRD will be the last Friday of August of each year. This date is imposed in order to ensure processing and funds reallocation, if any remain, before the end of the fiscal year. Supervisors are encouraged to use their award funds throughout the year as appropriate recognition opportunities arise. The Special Recognition Awards include On‑the‑Spots and Special Acts.
SECTION D: The non-supervisory Performance Award Pot will be distributed to each Directorate Office based on the Director’s total performance award allocation and the percentage of the total non-supervisory salary for the each Directorate. All employees earning a Significantly Exceeds (SE) performance rating are entitled to a performance award. If less than 90% of the performance award pot for non-supervisors is used for performance awards, then the amount remaining will be distributed to the Meets Expectation (ME) level on a rank order basis. Notwithstanding the above, the Director has the discretion to grant performance awards to employees who earn a summary rating of ME in accordance with Section (1) below.
Summary Rating Point Score Performance Award Payout
*subject to the requirements of this section
SECTION E: Quality Step Increases (QSI):
SECTION F: When the Director has approved the annual funding level for the total award allocation and the award distribution for each pot, the Union will be provided with the following information:
SECTION G: On a quarterly basis, the Union will be provided with a list of Bargaining Unit employees who have received awards, the type of award, the amount of the award, the organization, and the site location.
SECTION H: The Time‑Off Award is another form of employee recognition. Time-Off awards are not charged to the Special Recognition Award pool and are granted to an individual or group, without loss of pay or charge to leave, to recognize a superior accomplishment or other personal effort that contributes to the quality, efficiency or economy of Government operations. A written justification is required and must be attached to the time‑off award nomination form, NETL F 332.1‑3, Nomination for Time- Off Award.
The maximum number of hours that may be granted for a single contribution is 40. The total amount of time-off an employee may be granted during one leave year is 80 hours. Time‑Off award nominations must include specific reference as to the “value of benefit” and “extent of application” which was met in arriving at the recommended time‑off hours. A table is included on the nomination form that will assist nominators in preparing the justification.
SECTION I: All employees are encouraged to make a Special Recognition or Time-Off award nomination. For Special Recognition Award nominations, the first approval consideration is with the supervisor of the employee making the nomination. If the nominator’s supervisor does not approve the recommendation and the use of funds, and the nominated employee resides in another organization, the nomination should be sent for consideration to the nominated employee’s supervisor for approval and use of his/her funds. If the nominated employee’s supervisor does not approve the recommendation, there are no other steps to pursue.
A nomination will not automatically result in an award; a supervisor must determine that the accomplishment is worthy of the award and that the use of his/her funds is approved. Supervisors may alter the amount of the award, the type of award, or the person/persons being nominated. The nominated employee’s supervisor is responsible for certifying that the employee has not received prior recognition for the same accomplishment
Equal Employment Opportunity
SECTION A: Management and the Union agree to cooperate in providing equal opportunity for all qualified persons and to prohibit discrimination because of age, sex, race, religion, color, national origin, disability, or sexual orientation, and to promote the full realization of equal employment through a positive and continuing effort. In all aspects of personnel management the Management shall be bound by Title VII of the Civil Rights Act, the Rehabilitation Act, Equal Pay Act, all other applicable statutes and the regulations of the Equal Employment Opportunity Commission, including 29 CFR Part 1614.
SECTION B: Counselors shall be chosen by the Labor-Management Partnership Council (LMPC) from a list of volunteers. The LMPC is encouraged to consult with the EEO/Diversity Program Manager before the selection is made. The LMPC shall strive to have a balance of counselors between sites. The term of appointment of counselors shall be for five years. Any counselor may be re-appointed at the end of his or her term with no term limits imposed.
SECTION C: EEO Program Manager and Counselors shall at the first meeting with the aggrieved employee:
SECTION D: It is agreed that the Union has the right to appoint one member to any EEO or Affirmative Action Activities or Committees. This member shall have full rights and responsibilities of the other members.
SECTION E: Management will notify the Union of any EEO Settlement Agreements which when implemented have adverse effects on Bargaining Unit employees.
SECTION F: Management agrees to provide reasonable accommodations for employees with qualifying disabilities.
Environment, Safety and Health
SECTION A: Management and the Union agree to cooperate in a continuing effort to avoid and reduce the possibility of and work to eliminate accidents, injuries, and health hazards in all work areas. Management will make best efforts to ensure all people coming on NETL sites are aware of all applicable safety and environmental rules and regulations.
SECTION B: Management shall provide a safe and healthful work environment for all employees that complies with Occupational Safety and Health Administration (OSHA) regulations, Department of Energy (DOE) directives, and other applicable statutes, codes or regulations.
SECTION C: The Union will appoint two Union representatives as Environment, Safety and Health (ES&H) representatives. A Union ES&H representative shall participate in all environment, safety and health matters, including committees, and both representatives shall be invited to participate in all formal ES&H inspections. Union stewards of the area being inspected may accompany the inspection team on the inspections. Union members shall be on official time during ES&H meetings and inspections.
SECTION D: Management shall ensure that site ES&H policies and directives, and ES&H program activities comply with the laws, regulations, and standards listed in Section B of this Article.
SECTION E: First line supervisors shall ensure that operations under their authority comply with site ES&H directives and are conducted in a safe and environmentally sound manner.
SECTION F: Employees shall follow ES&H Directives. If they are unable to comply with the Directive, they shall notify their immediate supervisor who shall resolve the issue through the appropriate process.
SECTION G: All employees shall have the right and responsibility to report unsafe or unhealthful conditions or equipment to their supervisor, and then may report the condition to the Union. Management shall not subject any employee to restraint, interference, coercion, discrimination, or reprisal for reporting unsafe or unhealthful working conditions.
SECTION H: All employees and the Union have the right to request inspections of unsafe and unhealthful working conditions. Management shall ensure these requests for inspection are completed within one working day.
SECTION I: Employees concerned that gas cylinders or chemicals are not located, stored or used in a safe location may request a safety analysis be performed by an industrial hygienist. Management shall ensure the analysis is performed within three working days by a certified industrial hygienist. The analysis shall be provided to the employee, the responsible supervisor, and the Union.
SECTION J: All employees have the right to refuse to perform assigned tasks and suspend operations without reprisal if the employee feels that the conditions are unsafe.
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