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:
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