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ARTICLE 1 |
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PREAMBLE |
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Section 1.
PARTIES TO THE AGREEMENT: This Memorandum of Agreement is executed pursuant to
existing applicable laws, federal statutes and government-wide regulations and
by the exclusive recognition granted Local 1101 of the American Federation of
Government Employees, an affiliate of the AFL-CIO (hereinafter referred to as
the Union) and the Commander, 3rd Wing, Elmendorf Air Force Base, Alaska
(hereinafter referred to as the Employer).
Section 2.
PURPOSE: This Agreement sets forth the respective rules and responsibilities of
the parties; states the policies, procedures and methods that govern the working
relationships between the parties; and indicates the nature of the subject
matter of proper mutual concern. The purpose of the parties in entering into the
Agreement is to:
A. Support systematic
Employee-Employer cooperation;
B. Facilitate the
adjustment of appeals, grievances and disputes;
C. Establish the procedures
and methods that will hereinafter govern the working relationship between the
parties;
D. Identify the matters of
mutual concern and,
E. Promote high standards
of employee performance and the continued development and implementation of
modern and progressive work practices to ensure the efficient accomplishment of
the operations of Government.
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ARTICLE 2 |
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DEFINITIONS |
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Section 1. Words
used in the Memorandum of Agreement are defined as follows:
The Act - The Civil
Service Reform Act (CSRA) of 1978, also referred to as the Reform Act.
Agreement -
Memorandum of Agreement between the Commander, 3rd Wing, Elmendorf AFB and
American Federation of Government Employees Local 1101.
Bargaining Unit -
The bargaining unit to which this agreement is applicable is composed of all Air
Force civil service employees serviced by the Civilian Personnel Flight (CPF),
Elmendorf AFB, excluding management officials, supervisors, professional
employees, and employees engaged in civilian personnel work in other than a
purely clerical capacity.
Collective Bargaining -
The mutual obligation of the Employer and the Union to meet at reasonable times
and to bargain in a good faith effort to reach agreement with respect to the
conditions of employment affecting the employees in the bargaining unit and to
execute, if requested by either party, a written document incorporating any
collective bargaining agreement reached. The obligation referred to in this
definition does not compel either party to agree to a proposal or to make a
concession.
Compensatory (Comp) Time
Off - Time off in lieu of overtime pay (on an hour-for-hour basis) is
available for all employees.
Conditions of Employment
- Personnel policies, practices and matters whether established by rule,
regulation or otherwise affecting working conditions. It does not include
policies, practices, and matters relating to political activities prohibited
under current Statutes, the classification of any position or to the extent such
matters are specifically provided by Federal Statute.
Consultation - A
solicitation of input by the Employer from the Union on those matters in which
the Employer retains the right to make the final decision.
Days - All
references to "days" in this Agreement are to calendar days unless specifically
stated otherwise.
Discipline - Any
sanction of an employee by management designed to correct the employees
behavior, such as oral admonishments, oral or written reprimands, letters of
counseling, formal reprimands, suspensions of any duration, termination,
reduction in grade or pay
Employee Rights -
Employees are guaranteed the right to participate in the formulation and
implementation of personnel policies and practices relating to their conditions
of employment through such collective bargaining in those areas in which
bargaining is appropriate in the Federal Service.
Employer - The
Commander, 3rd Wing, Elmendorf AFB, and/or his designated representative.
Exclusive Recognition -
The Employer shall accord exclusive recognition to a labor organization if the
organization has been selected as the representative, in a secret ballot
election, by a majority of the employees in an appropriate unit who cast valid
ballots in the election.
Hours & Schedules:
Not on AWS -
Employee has a standard workweek schedule which consists of five 8 hour days, 40
hours each week, 80 hours biweekly, and all fire protection personnel with
biweekly schedules of 112, 120 or 144.
Compressed Work Schedule
- A work requirement of 80 hours in a biweekly pay period scheduled for less
than 10 workdays. The tour of duty is defined by the particular schedule the
installation or organization chooses to establish. Employees may not earn credit
hours. Three types of compressed work schedules are: A. Four-day workweek, B.
Three-day workweek, C. 5-4/9 Plan.
Flexitour - A
flexible schedule which consists of five 8 hour days, 40 hours each week, and 80
hours biweekly. A fixed arrival time is established for each employee. Employees
may earn credit hours.
Gliding Schedule -
The employee has a basic workweek requirement of five 8 hour days, 40 hours each
week, and 80 hours biweekly. The employee may vary arrival and
departure times without notification. Employees may earn credit hours.
Maxiflex Work Schedule -
The employee has a basic work requirement of 80 hours biweekly. The employee
may work less than 5 days per week and/or less than 10 days during the biweekly
pay period, and vary arrival/departure times. Core time is only required 3 days
a week. Hours worked in excess of 40 hours in a week will be assumed to have
been at the employees request and should be reported as credit hours.
Variable Day Schedule -
The employee has a basic workweek requirement of 40 hours each week and 80
hours biweekly. The employee may vary arrival and departure times and length
of the workday without notification. Employees may earn credit hours.
Variable Week Schedule -
The employee has a basic work requirement of 80 hours biweekly. The employee
may vary arrival and departure times, and length of workday and
workweek without notification. Hours in a week will be assumed by the system
to have been at the employees request and should be reported as credit hours.
Merit Promotion -
The system under which Elmendorf AFB considers an employee for internal
personnel actions on the basis of personal merit and qualification.
Military Management
Official - For the purpose of arbitration, a military management official is
one who signs an AF Form 860, or is above the rank of Master Sergeant.
Minimum - The
smallest amount possible.
Negotiation -
Meeting and conferring for discussion with the intent to reach mutual agreement
on matters which are within the control and discretion of the Employer.
Nexus - A connection
Official Time - Time
necessary to accomplish the task by an official Union representative.
Outsourcing - The
sourcing of a new activity or transfer of an activity that has been performed
in-house to an outside provider. The Air Force retains full control and
responsibility (through service contracts) of the recurring services or
functions which are outsourced.
Privatization - The
transfer of ownership of function(s) and/or the business assets (e.g.,
government-owned plant and equipment) from the public to the private sector.
(For a new activity or infrastructural requirement, privatization would still
apply with the designation of private sector ownership of the activity and the
associated infrastructure.)
Promotion Evaluation
Pattern (PEP) - A description of the specific qualifying skills and
educational requirements by which employees are screened and evaluated for
particular vacancies. The PEP also addresses necessary evaluation factors such
as appraisals, and the ranking weight of specific qualifying skills and
evaluation factors.
Seniority - An
employee's total federal civil service time, excluding military time.
Skill - The ability
to use one's knowledge effectively and readily in execution or performance.
The Statute - The
Federal Service Labor-Management Relations Statute, Chapter 71 of 5 U.S.C.
(originally enacted as Title VII of the Civil Service Reform Act).
Unfair Labor Practice (ULP)
- Violation of a union, employee or management right protected by the
Statute. ULP charge can be initiated by any of the three parties.
Union - The American
Federation of Government Employees Local 1101 and/or its designated
representative.
Weingarten Right -
The right of a bargaining unit employee to be represented by the Union under
specific circumstances when: (1) the employee is examined in an investigation
conducted by the Employer representative; (2) the employee reasonably believes
disciplinary action against him or her may result; and (3) the employee requests
Union representation.
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MANAGEMENT RIGHTS AND RESPONSIBILITIES |
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Section 1.
Management officials of the Agency retain the right to determine the mission,
budget, organization, number of employees, internal security practices and, in
accordance with applicable law to:
A. Hire, assign, direct,
promote, lay-off and retain employees or to reprimand, suspend, remove, reduce
in grade or pay, or take other appropriate action against such employee;
B. Assign work, to make
determinations with respect to outsourcing and privatization and to determine
the personnel by which the mission shall be conducted;
C. Take whatever actions
may be necessary to carry out the mission during emergencies.
Section 2.
When emergency procedures are invoked that affect the provisions of this
Agreement, the Union shall be notified as soon as practicable and the Employer
will advise the Union on the circumstances causing the emergency and its
expected duration. In any emergency, the Employer agrees to give due regard to
the welfare of the employees and to the maximum extent possible, to abide by the
terms of this Agreement.
Section 3.
The Employer shall notify the Union President, Vice President or acting
President prior to communications or discussions with members of the bargaining
unit, concerning grievances or appeals, personnel policies, practices, or other
matters affecting conditions of employment. Surveys of bargaining unit members
will be conducted jointly.
Section 4.
The Employer agrees to make available to the Union information to which they are
entitled, for example: regulations, laws, executive orders.
Section 5.
The Employer's requirement to notify employees annually of the "Weingarten
Rights" will be accomplished using 3 WG Form 37. (See Definitions)
Section 6. No
electronic recording of any conversation between an employee and an Employer may
be made without mutual consent (this excludes surveillance for internal security
and law enforcement reasons). When a recording is made, the employee will be
given the opportunity to review the transcript for accuracy and will be provided
a copy of it. Information obtained in conflict with this Section will not be
used as evidence against any employee.
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ARTICLE 4 |
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UNION
RIGHTS AND RESPONSIBILITIES |
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Section 1. The
Union is the exclusive representative of employees in the unit and is entitled
to act for and to negotiate agreements covering all employees in the unit. It is
responsible for representing the interests of all employees in the unit without
discrimination and without regard to labor organization membership. The Union
shall be given the opportunity to be present and to participate at any formal
discussions between management and employees or their representatives concerning
grievances or appeals, personnel policies and practices, or other matters
affecting general working conditions of employees in the unit. The Union
President, Vice President or acting President shall be notified by the Employer,
prior to communications, surveys or discussions between management and employees
concerning grievances, personnel practices or other matters affecting general
working conditions of employees. The Union will also be allowed to be present
and represent an employee at any examination of an employee in the unit by a
representative of the Agency in connection with an investigation, if the
employee reasonably believes that the examination may result in a
disciplinary/adverse action against the employee and the employee requests
representation.
Section 2.
The Union agrees to encourage employees through its publications and employee
group bulletin board postings to use personal initiative and resourcefulness in
accomplishing work assignments. The Union further agrees to efficiently use
authorized paid duty time in the representation of employees under this
Agreement. The Union will strive to uphold high standards of workmanship and
safety practices, minimize tardiness and absenteeism for other than bonafide
reasons.
Section 3.
The Union will be afforded a reasonable amount of time during New Employee
Orientation. The Employer will provide the Union with notice five (5) working
days in advance of the date, time and place at the time the orientation is
scheduled. Stewards or Union officers may introduce themselves to new employees
at the worksite and inform them of their availability for representation
functions so long as there is no undue disruption of work activities.
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EMPLOYEE RIGHTS AND RESPONSIBILITIES |
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Section 1. Each
employee shall have the right to form, join, or assist any labor organization,
or to refrain from any such activity, freely and without fear of penalty or
reprisal, and each employee shall be protected in the exercise of such right.
Except as otherwise provided under this Article, such rights include:
A. "To act for a labor
organization in the capacity of a representative and the right, in that
capacity, to present the views of the labor organization to heads of agencies
and other officials of the Executive Branch of the Government, the Congress, or
other appropriate authorities", and
B. "To engage in collective
bargaining with respect to conditions of employment through representatives
chosen by employees."
Section 2.
A. Only bargaining unit
employees are entitled to use the Negotiated Grievance Procedures. An employee
in the unit has the right to initiate a grievance and shall do so in accordance
with provisions of Article 10 of this Agreement.
B. The employee shall
recognize that the Union is their exclusive representative during
communications, surveys or discussions between management and employees
concerning grievances, personnel practices or other matters affecting general
working conditions of employees.
C. The initiation of a
grievance by an employee will not cause any adverse reflection on the employee.
Employees who have relevant information concerning any matter for which remedial
relief is available under this Agreement will, in seeking resolution of such
matter, be assured freedom from restraint, interference, coercion,
discrimination, intimidation or reprisal. The Employer will not impose any
restraint, interference, coercion or discrimination against any employee in the
exercise of their right of representation for the purpose of presenting any
matter of job related concern.
D. The employee has the
right to request Union representation in an investigative examination if the
employee reasonably believes such examination may result in disciplinary action.
(See Weingarten Rights under Definitions)
Section 3. No
electronic recording of any conversation between an employee and an Employer may
be made without mutual consent (this excludes surveillance for internal security
and law enforcement reasons). When a recording is made, the employee will be
given the opportunity to review the transcript for accuracy and will be provided
a copy of it. Information obtained in conflict with this Section will not be
used as evidence against any employee.
Section 4.
Employees shall have the right to direct and/or fully pursue their private
lives, personal welfare and personal beliefs without interference, coercion or
discrimination by the Employer so long as such activities do not conflict with
job responsibilities. The standard of nexus shall apply.
Section 5.
Employees shall be protected against reprisal of any nature for the 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 of mismanagement, a waste of funds, an abuse of authority, or a danger
to public or employee health or safety. Under the Whistleblower Protection Act,
employees shall be protected against reprisal.
Section 6.
Employees have the right to refuse orders that would require them to violate the
law or their health and safety. Employees must take into consideration that if
the order is deemed to be not in violation of the law or of their well being,
the refusal may constitute insubordination.
Section 7. A
reasonable amount of privacy will be afforded the employee when attending to
official personnel business while using a government supplied computer system.
Section 8. DoD
civilian employees may use any of the base recreation facilities under the
control of the Morale, Welfare, and Recreation Division; however, military
personnel and their dependents have priority. When using the facilities, you
must show your identification card. The commissary and facilities under control
of the base exchange are not open to civilians unless they are military-
dependents, military retirees, or otherwise eligible. A list of recreation
facilities is available from the 3rd Services Squadron.
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LABOR-MANAGEMENT PARTNERSHIP
Section 1.
Pursuant to Article 1, Section 2 of this Agreement, the Employer and Union agree
to continue the joint Labor-Management Partnership Council, formed in accordance
with Executive Order 12871, which shall meet as agreed upon by the Council to
discuss matters of mutual interest.
Section 2.
The Employer agrees to include at least one Union representative on officially
established Base committees not otherwise included in this agreement that review
recommendations concerning conditions of employment. All bargaining unit
employees on committees will meet with the approval of the Union. The Employer
will notify the appropriate Union representative 3 calendar days in advance
except for emergencies.
Section 3.
There shall be a semi-annual Civilian Call, chaired by wing leadership and run
by 3rd WG MSS for the purposes of disseminating
information impacting civilian employees, during normal duty hours, the time and
agenda to be arranged with the Union. The Union will be given the opportunity
to speak at the Civilian Call. Employees unable to attend should contact the
Union for the content of the meeting. Standard agenda items will include
Weingarten rights; opportunity to update Official Personnel Folder (OPF) to
include Knowledge, Skills and Abilities; and availability of Collective
Bargaining Agreement .
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REPRESENTATIVES AND OFFICIAL
TIME
Section 1. The
Employer recognizes that Union officials have the responsibility of carrying out
representation duties as may be appropriate to their office. The Employer agrees
that a reasonable amount of official time will be granted to Union officials
during their regular workweek to conduct appropriate labor relations business.
It is further agreed that time allotted to the Union officials will not be used
for any activities prohibited by law or regulation. Union officials will not be
charged official time under this Article for activities such as wage surveys,
attendance at management committees or any meetings sponsored by management or
presentations before FLRA concerning Unfair Labor Practices or exceptions to
arbitration awards. The Union agrees that representatives will guard against the
use of excessive time in performing duties considered appropriate by this
Agreement. The Union agrees that it will be responsible with the Employer for a
continuing review of the manner and amounts of official time being used by Union
officials. As this Agreement does not apply to employees when they participate
in EEO activities, this Article should not be confused with official time for
EEO activities. Time spent in EEO activities is governed by other statutes and
regulations, including 29 CFR 1614, EEOC Management Directives and agency
regulations.
Section 2.
The Union agrees that inquiries or contacts concerning a specific area will be
made to the appropriate official by the steward assigned in the area. However,
in the event there is no steward available in an area, the Chief Steward will
designate another Union representative for the immediate matter. The Union will
supply the Employer with a roster of the designated Union Stewards which will
not exceed 1 per 50 bargaining unit employees. The Union will post a copy of the
roster on all official bulletin boards, and notify the Employer of any changes.
It is agreed that no employee will function in the capacity of steward or Union
official until the Employer is officially notified of their appointment by the
Union. The Employer acknowledges the impact of changes of shifts on Union
representatives and their duties and will minimize them as much as possible. The
Union recognizes the need and will make every effort to balance the designation
of Stewards throughout the bargaining unit.
Section 3.
The duties of the steward consist of the following:
A. Advise employees on
regulations or the Agreement and their rights as employees.
B. Investigate the facts
surrounding grievances, complaints or problems submitted by employees.
C. Assist employee(s) in
preparing a written grievance.
D. Meet and confer with
supervisors in resolving grievances and complaints.
Section 4.
Union representatives are not permitted to perform on official time activities
concerned with organizing efforts and the internal management of labor
organizations, including but not limited to: the solicitation of memberships,
collection of dues or other assessments, circulation of authorization cards or
petitions, or solicitation of signatures on dues withholding authorization.
Campaigning for labor organization office and distribution of literature may be
conducted only during the nonwork time of the employees involved so long as it
does not interfere with operations.
Section 5.
Union representatives will notify their supervisors when the representatives
need to leave their assigned duties for the purpose of performing any of the
duties in this agreement. The representative will inform his/her supervisor of
the approximate time they will return to the worksite. Every effort shall be
made to accommodate the representative's request. The representative will obtain
approval from the supervisor of any employee being contacted. In the absence of
circumstances to the contrary, the employee will be made available. In order
that supervisors may provide realistic work schedules, all representatives are
required to contact their supervisor if they have not returned to their worksite
at the agreed upon time. Additional time will be granted to the Union
representative whenever possible. The supervisor may coordinate the
reasonableness of the request with the Labor Relations Officer.
Section 6.
The Employer agrees to authorize the Union 325 hours on-the-clock time annually
for training in conjunction with attendance at training sessions sponsored by
AFGE, provided the subject matter of such training is of mutual concern to the
Air Force and the employee in their capacity as a Union representative and the
Air Force's interest will be served by the employee's attendance. The Union
President or designee will notify the Labor Relations Officer at least one week
in advance.
Section 7.
Authorized representatives of the Union who are not employees shall be allowed
to visit Elmendorf AFB for the purpose of accomplishing Union business. Such
visitors will be subject to security and visitor control procedures.
Section 8.
Union officials shall receive a reasonable amount of official time to present
the views of the Union to members of Congress on any matters affecting the
working conditions of bargaining unit employees.
Section 9.
The Employer shall semi-annually provide the Union with the name, organization
and office symbol of all bargaining unit employees.
Section 10.
The Employer recognizes the difficulty of the Union to communicate with
bargaining unit employees while TDY. The Employer will make available
communication equipment accessible for the employee's use to communicate with
the Union for matters of labor disputes. Reasonable privacy will be arranged
during communications.
Section 11.
Both parties recognize the value and potential benefits of a full-time union
president. This would allow 2087 hours of official time annually for the
recognized union president. The tour of duty will be five eight-hour days. If
either party recognizes the benefits of continuing a full time union presidency
have notably diminished, either party can terminate the arrangement.
Both parties anticipate a
reduction in filing of grievances, an earlier resolution of other union-related
issues and a reduction in the use of official time for other union officials.
Both parties expect to
maintain a positive labor-management relationship and to further partnership
goals.
To maintain job currency
the Union President will spend one week every two months in the obligated
position in the work center. Scheduling of this week will be coordinated with
the supervisor, who retains the responsibility for all aspects of civilian
personnel management.
Transition period: This
change will be effective upon the temporary backfill of the permanent position
or 60 days from the effective date of this Memorandum of Agreement, whichever
occurs first. The transition period will apply to all subsequent changes in
union presidency.
USE OF OFFICIAL FACILITIES
Section 1. The
parties agree that office space for the Union is useful in facilitating
effective representation of unit employees. It is further agreed that provision
of office space as well as a telephone with a Class A line will be given a high
priority and that good faith efforts will be made to provide space. At the
request of the Union, the Employer will provide facilities for official meetings
of the Local during the non-duty hours of the employees involved. The Employer
in cooperation with the Union will judge the adequacy of the facilities.
Handicap access will be a consideration.
Section 2.
The Union President, Chief Steward and Vice President will be permitted to use
the DSN Telephone System for the purpose of official labor-management
communications. In addition, all stewards will have access to Government
telephones for local use when necessary in conducting proper labor-management
relations activities. During the use of these phones, stewards will be allowed
reasonable privacy. The Union agrees not to abuse this privilege.
Section 3.
Union officials may be authorized the use of office equipment on official time
in their work centers (not interrupting the normal flow of business). Their use
will be limited to communications that are of mutual benefit, such as those
necessary for grievance processing or communications between the Union and
Employer. The use of this equipment is subject to local employer restrictions.
This does not prohibit the Union from being authorized the use of surplus
equipment.
Section 4.
The Employer agrees to provide a reasonable amount of space (e.g. three 8 1/2" x
11") for Union information on official bulletin boards. The Union will be
responsible for maintaining their space.
Section 5.
The Employer will allow the Union access to the bargaining unit employees, at
the employees work site for the purpose of “Lunch and Learn” activities.
Section 6.
The Employer will provide a terminal and access to the Elmendorf AFB LAN (Local
Area Network) for employee use in the Union Office.
PAYROLL WITHHOLDING OF DUES
Section 1. Any
employee of Elmendorf AFB, who is a member in good standing of the Union, may
authorize an allotment of pay for the payment of their dues and authorized
assessments for such membership provided:
A. The employee has
voluntarily completed a request for such allotment of their pay.
B. The employee regularly
receives a normal amount of pay on the regularly scheduled paydays of the base
and such pay is sufficient to cover the full amount of the allotment after the
other legal deductions have been made.
C. The employee has only
one current allotment for the payment of dues to an employee organization.
Section 2.
The Union agrees to acquire and distribute to its members a Standard Form
(SF)1187, Authorization for Allotment of Compensation for Payment of Employee
Organization Dues, to certify the dues amount, and to inform and educate its
members on the program for allotments for payment of dues and the uses and
availability of the required form. An allotment may be submitted by an eligible
member of the unit, through the Union, to the Civilian Personnel Flight and will
be effective at the beginning of the first biweekly pay period after receipt of
a properly completed and signed form.
Section 3. An
allotment shall be terminated:
A. When the employee leaves
the unit as a result of separation, transfer, or promotion to supervisory
position, except temporary promotion, detail, or transfer from one recognized
unit to another. When permanent seasonal employees are seasonally laid off, the
allotment for such employees shall resume with return to the permanent seasonal
position.
B. Upon loss of exclusive
recognition by the Union.
C. Upon receipt of notice
from the Union that the employee is no longer in good standing.
D. When this Agreement is
suspended or terminated by appropriate authority outside the Department of
Defense.
E. When an employee revokes
the dues withholding allotment by properly completing a SF 1188, Revocation
Authorization for Allotment of Compensation for Payment of Employee Organization
Dues. Such revocation may only be made during the month of the anniversary date
of the submission of the employee's SF 1187 Authorization for Dues Deduction.
F. Employees desiring to
revoke their dues deduction shall be directed to the Union office to obtain the
required SF 1188 form. The Union will assist the employee with completion of the
SF 1188.
Section 4.
The effective date of termination of a dues withholding allotment shall be at
the end of the second full pay period following timely submission of SF 1188 to
the Civilian Payroll unit. When termination is not at the request of the
employee, the date shall be the beginning of the first pay period following the
date of the action.
Section 5.
The Civilian Pay unit, shall furnish to the Treasurer of the Union at the end of
each payroll cycle the remittance for dues. The remittance will be accompanied
by a statement in duplicate with the following information:
A. Names of members for
whom deductions were made, and amount of each deduction.
B. Names of members from
whom deductions previously authorized were not made with coding to show reason
for nondeduction.
C. Total amount withheld on
the payroll.
D. Net amount remitted.
E. Copy of any written
revocation received by the Employer which is effective with the pay period in
question.
Section 6.
Allotment deductions will be made by the Civilian Payroll. If the amount of
regular dues is changed by the Union, the Civilian Payroll will be furnished
written notification signed by the Union President that the membership has
approved such change and the amount of new deductions to be withheld. The
effective date shall be the beginning of the first complete biweekly pay period
after receipt of the change notice unless a later date is specified by the
Union.
NEGOTIATED GRIEVANCE
PROCEDURES AND ALTERNATE DISPUTE RESOLUTION
Section 1. The
purpose of this Article is to establish procedures for the consideration of
grievances. This is the only procedure for filing a grievance by a bargaining
unit employee, the Union, or the employer. The same issue may not be processed
twice under separate Articles of this Agreement. A grievance means any complaint
by an employee, Union, or employer concerning any matter relating to conditions
of employment, breaches of this Agreement, or any claimed violation,
misinterpretation, or misapplication of any law, rule, or regulation. Matters
excluded from the Negotiated Grievance Procedure are:
A. Any claimed violation
relating to political activities prohibited under Subchapter III of Chapter 73
of P.L. 95-454;
B. Retirement, Life
Insurance or Health Insurance;
C. A suspension or removal
for national security reasons;
D. Any examination,
certification, or appointment;
E. The classification of
any position which does not result in the reduction in grade or pay of an
employee;
F. Nonselection from a
group of properly ranked and certified candidates;
G. Termination of
probationary or trial employees;
H. Any proposed action;
and/or
I. EEO matters previously
filed through EEO process (including mixed cases described at 5 U.S.C 7702(A)).
J. Any issues related to
contracting out.
Section 2.
Any disagreement on whether an issue is grievable shall be decided through
arbitration. If a grievance is to be rejected based on the merit of grievability
it shall be done prior to step 3 of the grievance procedure.
Section 3.
All grievances must be filed within 30 calendar days of occurrence of the event
or the date that they became aware of the event that gives rise to the grievance
or it will not be considered. If an employee requests time to meet with a union
representative and the supervisor determines that the schedule will not allow
for immediate release, the time frame of the above 30 day period will be
automatically extended until the employee is released to meet with a
representative. The initiator of a grievance may terminate it by written
notification to the other party. A copy shall be furnished to the Union by the
Employer within 5 work days. The Union may pursue a grievance in its own name at
the Step it was dropped by the grievant within 5 work days of receipt of
termination.
Section 4. An
identical grievance by two or more employees will be considered as a single
grievance. A decision on such grievances applies to all employees in the group
and each is given a copy of the decision. An employee may withdraw from a group
grievance, in writing, anytime before a decision is rendered. However, they may
not then initiate the same or substantially similar grievance.
Section 5.
The Employer shall provide copies of the pertinent and relevant records and
evidence consistent with the Privacy and Freedom of Information Acts when
requested by the employee or their representative when they are entitled to the
information to complete the processing of the case. At each Step, either party
may offer documentary evidence and identify witnesses to be interviewed.
Witnesses currently on the payroll will be on official time.
Section 6. - Employer
Grievances: Employer grievances will be submitted in writing by the 3rd
Wing Commander or designee to the Local President. The Local President or
designee, and the Commander or designee will meet normally within 5 work days
after receipt of the grievance to discuss it. The Local President or designee
shall normally give a written decision within 10 work days after the meeting. If
the issue remains unresolved the employer may request arbitration.
Section 7. - Union
and Employee Grievances: The union will provide a copy of the grievance
with all supporting documentation to the Civilian Personnel Flight (CPF) at each
step.
Step 1.
Employee and Union initiated grievances will be written and presented to the
appropriate supervisor or designee in an attempt to settle the matter. The
Employee may represent themselves or chose to have a Union designated steward in
this procedure. The initiator will inform the supervisor in writing that this is
Step 1 of the Negotiated Grievance Procedure. The supervisor will give written
receipt of this notice. The supervisor normally has 5 work days to reply. The
supervisor will notify the Union immediately when employees choose to represent
themselves.
Step 2. If
the matter is not satisfactorily settled following Step 1, the grievance will
normally be submitted within 5 workdays to the Squadron Commander or designee.
If determined at Step 1 the resolution is within the responsibility of the
Civilian Personnel Flight, the grievance will be forwarded to that office. The
appropriate official will then meet with the aggrieved employee, and/or
designated Union official, normally within 5 work days. A written answer
normally will be given within 5 work days after the meeting.
Step 3. If
the matter is not settled at the second step, the employee or designated
representative may, normally within 5 work days, forward the grievance to:
a. The appropriate Group
Commander or designee, or
b. The 3rd Wing Commander,
or designee, for grievances with installation-wide impact, or
c. The Civilian Personnel
Officer for matters that deal with civilian personnel decisions.
The appropriate official
will then meet with the aggrieved employee, and/or designated Union official(s),
normally within 10 work days. A written answer normally will be given within 5
work days after the meeting. If the issue remains unresolved the Union may
request arbitration.
Section 8. -
Alternative Dispute Resolution (ADR): ADR is an optional method of
solving problems available to employees prior to the initiation of a formal
grievance procedure. The intent of this cooperative process is to use a
non-involved mediator to resolve issues at the lowest possible level. The
selection of ADR will count as the timely notification start date of the formal
grievance procedure.
Section 9. Unfair
Labor Practice Charges: Prior to filing an Unfair Labor Practice, the
charging party agrees to provide a copy to the other party and to allow seven
working days to resolve the issue.
ARBITRATION
Section 1. If the
Employer and the Union fail to settle any grievance processed under the
Negotiated Grievance Procedure, such grievance, upon written request by either
party within 30 calendar days after issuance of the 3rd Step decision, may be
submitted to arbitration. Any decision rendered at the 3rd Step that is not
referred to arbitration within 30 calendar days is final.
Section 2.
Normally within 10 work days from the date of the request in writing for
arbitration, the parties shall jointly request the Federal Mediation and
Conciliation Service to provide a list of seven (7) impartial persons qualified
to act as arbitrators. The parties shall meet normally within 5 work days after
receipt of such list. If they cannot mutually agree upon one of the listed
arbitrators, then the Employer and the Union will each strike one arbitrator's
name from the list and will then repeat this procedure until six names are
eliminated. The remaining person shall be the duly selected arbitrator. The
Federal Mediation and Conciliation Service shall be empowered to make a direct
designation of an arbitrator to hear the case in the event either party refuses
to participate in the selection of the arbitrator.
Section 3. If
the parties fail to agree on a joint submission of the issue for arbitration,
each shall submit a separate submission and the arbitrator shall determine the
issue or issues to be heard.
Section 4. At
least 10 work days before the opening of the arbitration hearing, the parties
shall exchange lists of witnesses whom they expect to have testify. The parties
shall provide the arbitrator with a copy of the list at the same time they
exchange lists. The lists shall contain a summary statement concerning the
proposed testimony of each proposed witness. The Union will be given reasonable
notice and an opportunity to attend when the Employer interviews bargaining unit
employees. The Union may be present when a non-management military Union witness
requests their presence when interviewed by the Employer. If either party
desires a transcript of the arbitration hearing, it shall pay for all the costs
involved. The arbitrator's fee and all expenses shall be equally shared by the
parties. No post hearing briefs shall be authorized except by mutual consent.
The arbitrator is encouraged to make a bench decision in each case, followed by
a written confirmation of the findings. The arbitration hearing will be held, if
possible, on the premise of Elmendorf AFB during the regular day shift hours of
the basic work week. Witnesses currently on the payroll will be on official
time. The Union is entitled to the same number of representatives as the
Employer.
Section 5.
The arbitrator's award shall be binding on the parties. However, either party
may file exceptions to an award with the Federal Labor Relations Authority under
appropriate regulations.
Section 6.
Any dispute over the interpretation of an arbitrator's award shall be returned
to the arbitrator for clarification.
HOURS OF WORK AND ALTERNATE
WORK SCHEDULES (AWS)
Section 1. The
administrative workweek shall be 7 consecutive calendar days starting at 0001
hours Sunday through 2400 hours the next Saturday. The basic workweek is the
days and hours of an administrative workweek which make up the employee's
regularly scheduled 40-hour workweek.
Section 2. - Tour of
Duty. Employees will be assigned to a regular tour of duty that includes
2 consecutive days off. Within the same grade, series, and skill, seniority
shall prevail in the selection of the tour of duty and the days off. The
Employer may not change the tour without a two-week notice to the employee and
to the Union. The notice may be waived for emergencies. An uncommon tour of duty
is any 40-hour basic workweek scheduled to include Saturday and/or Sunday, or
fewer than 5 but not more than 6 days of the administrative workweek.
Section 3. - Changing
Tour of Duty Employees may request in writing to the supervisor a change
in tour of duty or meal period. The request will remain in effect until honored
or withdrawn by the employee. The employer is not obligated to effect a change
if it will affect the level of skill required or reduce the manpower capability
required to fully carry out the work operations.
Section 4. - Rest
Periods A 15-minute rest-period will be authorized during each 4 hours
of work. Rest periods may not be taken in conjunction with meal periods, or at
the beginning or end of the work day.
Section 5. - Meal
Periods The normal basic tour of duty will provide for, and the
employees must take, an unpaid/uninterrupted meal period, of not less than 30
minutes and not more than one hour, towards the middle of the shift. When
supervisors schedule more than one 8-hour shift in a 24-hour period and an
overlapping of shifts to permit time off for lunch is not possible, supervisors
may authorize an on-the-clock 20-minute lunch period. Employees will spend their
on-the-job lunch at or near their work stations.
Section 6. - Cleanup
Time Appropriate preparation and cleanup time will be during duty hours
as required by the type of work performed.
Section 7.
Alternative Work Schedule (AWS) means a schedule other than a common tour of
duty to include flexible and compressed work schedules. Variations of AWS may be
negotiated. Credit hours may only be earned or used under flexible work
schedules. Under the law compressed work schedules will not include credit hours
(5 USC 6120).
Section 8.
Formal proposals for AWS for a group of employees may be submitted by either
party. A negotiated AWS will be in effect for a minimum of one year. Proposed
changes to an AWS will be submitted 30 days in advance of negotiations. The
parties will begin negotiations within 30 days of the date of receipt of the
proposal. Request for reasonable extensions will be granted. Any agreement will
be reduced to writing. Schedules must provide sufficient personnel
coverage and interaction within and among organizations to prevent increased
costs, a reduction in service to the public or productivity, and must not
negatively impact on mission accomplishment or safety of operations. Failure to
reach a negotiated agreement will be resolved by the Federal Service Impasses
Panel.
Section 9. If
an administrative excusal day occurs on a scheduled day off, employees are not
entitled to an "in lieu of" day off as those on holiday leave.
FLEXIPLACE
Section 1. When
approved by the supervisor, flexiplace is available to employees for short-term,
infrequent periods of work at home (e.g. convalescence of a short-term
injury/illness or completion of a project). Employees performing work at home
are subject to the same workday limits as if they were performing work at their
official duty station. Overtime, credit time or compensatory time will not be
authorized.
Section 2. - Problems
Affecting Work Performance Employees will promptly notify supervisors
whenever any problems arise which adversely affect their ability to perform work
at the home. Examples could include situations such as equipment failure, power
outages, telecommunication difficulties.
OVERTIME
Section 1.
Authorized time on a common tour of duty spent in excess of 8 hours a day or 40
hours in a work week shall be considered overtime. Employees working irregular
or occasional overtime shall be compensated in quarter of an hour increments.
Odd minutes shall be rounded up to next quarter hour increment.
Overtime shall be paid at the appropriate overtime rate or employee will
be given compensatory time off in accordance with applicable directives.
Section 2.
When overtime assignments exist, the Employer will offer these assignments
fairly and equitably among the employees of the unit with the required skill
level to perform the task. It is understood that factors such as TDY, leave,
continuity of short term jobs, skill and project assignment, may cause temporary
imbalances in distribution of overtime. Employees who are scheduled to work
overtime but do not accept will be considered as having worked and charged
commensurate with the overtime offered. Suitable records of overtime worked and
refused will be maintained by supervisory employees to assure that each employee
receives similar consideration.
Section 3.
Compensatory time off will be granted on an hour off for each hour worked. The
Employer may not direct compensatory time off to employees in lieu of paid
overtime.
Section 4.
When overtime is required, as much advanced notice as possible will be given to
the employees except in cases of emergency.
Section 5.
The Employer will upon request, relieve an employee from an overtime assignment
provided another qualified employee is available for the assignment and is
willing to work. However, if the Employer is unable to find a replacement, the
employee shall work the overtime. The supervisor agrees that every effort will
be made to relieve an employee of an overtime assignment if he/she has a
personal emergency.
Section 6.
The Employer agrees that call back overtime will be for a minimum of 2 hours and
will be authorized only by appropriate supervisory personnel.
HOLIDAYS
Section 1. It is
mutually agreed that work on holidays shall be held to an absolute minimum
subject to mission requirements. When work is to be performed on a holiday,
information will be provided to those employees affected as far in advance as
possible.
Section 2.
Employees within an organization unit will be given the opportunity to
participate in holiday work assignments on an equitable basis insofar as the
requirements of the mission will permit and in accordance with the skills
required.
Section 3. An
employee whose personal religious beliefs require the abstention from work, may
work compensatory time in lieu of the anticipated holiday. The employer is
expected to accommodate an employee's request to work compensatory time
providing it does not interfere with the efficient accomplishment of the
mission.
LEAVE
Section 1. - Annual Leave
A. Employees may request
leave in 15 minute increments in any pattern they desire, provided the
supervisor is given reasonable advance notice and the time requested does not
adversely affect the mission. When conflicts in scheduling arise between
employees, the person with the most seniority will prevail. When a request for
annual leave has been denied, the employee will be advised of the reasons for
denial in writing.
B. Annual leave will be
requested by employees by 31 January of each year and approved/disapproved by 15
February to ensure that employees are allowed a vacation and to prevent
forfeiture of any excess annual leave at the end of the leave year. (This
schedule will be flexible for changes). Employees requesting annual leave will
either initial a time sheet or complete an SF7l (Application for Leave). Except
for emergency situations, including the deployment of military personnel, leave
will not be canceled.
C. Seasonal employees will
request annual leave within two weeks of their appointment or return to pay
status. The request will be approved/disapproved within two weeks of
submission.
D. Once an employee has
made their leave selection, they shall not be permitted to change when such
change will disturb the choice of another employee. The employee's supervisor
may approve a change in selection provided another employee's choice is not
disturbed.
E. Requests for annual
leave for emergency reasons will be considered on an individual basis. Employees
will call their supervisors as soon as possible, but no later than two hours
after the beginning of their work shift for approval of emergency leave. The
employee will state the reason for the request and the approximate time the
employee anticipates being absent from work. Bonafide emergency leave will be
granted.
F. The supervisors must
advise employees of the call-in or emergency leave requesting procedures that
includes the person to be called, an alternate, and the proper telephone
number(s).
Section 2. - Sick
Leave
A. Sick leave will be
granted in 15 minute increments for appropriate absences such as when an
employee:
1. Receives medical,
dental, or optical examination or treatment;
2. Is incapacitated for the
performance of duties by sickness, injury, pregnancy;
3. Is required to give care
and attendance to an immediate family member who is afflicted with a contagious
disease-NOTE: Sick leave requests because of a contagious disease must be
supported by acceptable documentation and shall be limited to the period
prescribed by regulation or local health authorities or certified by a physician
where health regulations do not specify the period of isolation, quarantine or
restricted movement.
4. It is the responsibility
of the employee who is incapacitated for duty to notify their supervisor, or
designee, (or to have any responsible person make notification for the employee)
at the worksite as soon as possible but no later than 2 hours after the employee
is scheduled to report for duty. If the supervisor determines circumstances are
beyond the employee's control and notification was not possible, AWOL shall be
converted to appropriate leave status. Daily notification is required unless the
duration of the sick leave is approved by the supervisor or verified by medical
certification.
5. Employees taking sick
leave for more than 3 consecutive days must complete an SF 71 (Application for
Leave) and furnish satisfactory evidence of their need for sick leave upon
return for duty. In lieu of certification on the SF 71, an employee may justify
their request for sick leave by medical certification from their physician or
health care professional.
B. Where there is
substantial reason to believe that an employee is abusing the sick leave
entitlement:
1. The employee shall be
formally counseled prior to receiving notice of future medical certification
requirements.
2. If the abuse continues,
the employee may be required to furnish a medical certificate for each sick
leave application.
3. If no further abuse is
indicated, the restriction will be removed after 6 months, the record shall be
made clean, and the employee will be notified of this action. The employee will
also be notified of the reasons, in writing, if the restriction is to be
continued.
Section 3. - Absence
Without Official Leave (AWOL) Is an unapproved absence and results in no
pay for the time absent. Recording an absence as AWOL is not a disciplinary
action; however, failure to request leave or honor a valid denial of leave
request may be used as the basis for taking disciplinary/adverse action.
Section 4. - Leave
Without Pay (LWOP) Is an approved absence without pay.
Section 5. - Federal
Employees Family Friendly Leave Act (FEFFLA) Entitles employees to use
sick leave, without restrictions, each year for the following reasons:
A. To attend to or give
care to an eligible family member with an illness, injury, or other medical
condition.
B. To attend or make
arrangements for the funeral of an eligible family member which includes the
employee's spouse, parents; spouse's parents, employee's and spouse's children;
employee's and spouse's brothers and sisters; and any other individual related
by blood or affinity whose close relationship to the employee is equivalent to a
family relationship.
C. For the bereavement of
an eligible family member.
D. Employees are authorized
to use up to 40 hours of sick leave each year. Employees whose sick leave
balance remains above 80 hours may use an additional 64 hours.
Part-time employees and
employees on an uncommon tour of duty may use a pro-rated amount of sick leave
for those purposes according to the employee's leave earnings schedule.
Section 6. - Family
and Medical Leave Act (FMLA) Entitles employees who have completed at
least 12 months of service to 12 administrative work weeks of unpaid leave
during any 12 month period for the following reasons:
A. Birth of employee's
child and care of newborn (within 1 year after birth).
B. Placement of a child
with the employee for foster care or adoption (within 1 year after placement).
C. Care for spouse,
daughter, son, or parent with a serious health condition (to exclude in-laws).
D. A serious health
condition of the employee (employee must be unable to perform essential job
functions). Employees may substitute paid time off for LWOP under FMLA, but may
not retroactively substitute paid time off for LWOP.
Section 7. -
Administrative Leave
A. Blood Donations -
An employee will normally be excused from work without charge to leave for the
time necessary to donate blood, for recuperation following blood donation, and
for necessary travel to and from the donation site. The maximum excusal time
should not exceed 4 hours, except in unusual cases.
B. Bone-Marrow or Organ
Donation - Employees are entitled up to 7 days of paid leave in a calendar
year to serve as a bone-marrow or organ donor.
C. Jury Duty or Court
Leave - When an employee is subpoenaed for jury duty or court appearance,
they will promptly notify their supervisor in order that arrangements may be
made for their absence from scheduled duty. It is agreed that when an employee
is excused from service for one or more days, or for that period of any day that
would permit the employee to return to duty for as much as two hours of their
normal workday (without undue personal hardship), the employee will return to
duty. If the employee does not desire to return to duty under these
circumstances, the employee will request leave from their supervisor for the
period to be absent. Court suits between private individuals or companies in
which the United States or a State or local government is not involved does not
entitle employee to court leave. In addition, time spent as a party to a suit
against the government does not qualify for court leave. When the employee
returns to duty, he/she should provide official written evidence of attendance
in court showing the dates and hours to support the appropriate recording on the
employee's Time and Attendance Sheet.
D. Officially Sponsored
Activities - Employees may participate in officially sponsored activities
without charge to leave. This does not apply to activities over an extended or
an indefinite period of time.
E. The supervisor may
excuse unavoidable absences or tardiness for less than one hour.
Section 8. -
Voluntary Leave Transfer Program/Leave Bank As authorized by 5 CFR 630
Subpart J, employees are entitled to donate and receive leave for medical
emergencies. By reference, the definitions, eligibility criteria and
administrative provisions pertaining to a Voluntary Leave Program contained in 5
CFR 630 Subpart J are incorporated into this Agreement.
MINIMUM MANNING
Section 1. The
Employer and Union recognize that there will be situations whereby the base
leadership will place the base on "Minimum Manning", excusing some employees for
all or part of a day. Examples are situations which may prevent employees in
significant numbers from reporting to work for safety reasons, or may
necessitate the closing of some base activities in whole or in part. It may be
caused by such developments as the pending presidential signature of the budget,
heavy snow, flood, earthquakes or other natural disasters; air pollution;
massive power failure; major fires.
Section 2.
Unless otherwise notified, employees identified as being Inclement Weather
Essential personnel are expected to report for duty when base leadership has
declared "Minimum Manning" due to inclement weather. It is understood by the
parties that the Employer may recall additional employees as needed for mission
accomplishment.
Section 3.
Employees should understand that for situations other than inclement weather
they should report to work unless otherwise notified by their supervisor.
Section 4.
All employees identified as inclement weather essential will be supplied with ID
cards stating "Inclement Weather Essential" and identified in their position
descriptions.
Section 5. It
is also recognized that there are certain base operations which will not be
suspended or interrupted even though it may be necessary, generally, to excuse
employees all or part of a day. Employees identified as inclement weather
essential will be required to be at work regardless of any dismissal
authorization because of weather. Supervisors will make reasonable effort to
ensure that employees understand minimum manning practices and ensure employees
are notified of procedures.
ENVIRONMENTAL DIFFERENTIAL
PAY (EDP)
Section 1. The
Employer's objective is to eliminate or reduce to the lowest level possible all
hazards and working conditions of |
