NCFLL Contract
U.S. Department of Labor and National Council of Field Labor Locals AFGE, AFL-CIO Preamble This Agreement between the United States Department of Labor and the National Council of Field Labor Locals comes on the 50th Anniversary of Executive Order 10988, signed by President John F. Kennedy, granting collective bargaining rights to federal employees. Ours is the longest standing institutional relationship in the Department and we believe that the evolution of this progressive National Agreement honors the vision of that historic moment. Positive labor-management relations are a priority and a necessity for our success as an agency. The Department recognizes that our dedicated employees are indispensable to the effective conduct of our mission. Their full support - and a constructive working relationship with their union - is essential to the achievement of our goals. We share a desire that the Department serve as the model employer for America. We hope that our mutual respect for the collective bargaining process - by which this Agreement was forged - will set an example at every work site to promote a simple and just means for resolving disputes and to provide an effective mechanism for articulating employee concerns through their Union. We are committed to building a family-friendly workplace that achieves the necessary balance between our work and our family obligations - a critical component of attracting and retaining the talent we need to perform our important mission. And above all, we intend to maintain a safe, healthy, and quality workplace, and to help create an atmosphere where employees are treated fairly and equitably, respect one another, and work together to fulfill the promise and accomplish the mission of the United States Department of Labor.
Article 1 – Coverage and Recognition.................................................................................... 1.1. Section 1 -- Recognition……………………………………………………………… . . 1.2. Section 2 -- Coverage…………………………………………………………………..6 1.3. Section 3 -- Exclusions from Coverage…………………….....................................7 1.4. Section 4 -- Coverage of Agreement………………………………………………….7 1.5. Section 5 -- Unit Clarification…………………………………………………………. 7 1.6. Section 6 -- Employee Orientation…………………………………………………… 8 1.7. Section 7 -- Bargaining Unit Lists……………………………………………………...8 Article 2 – Governing Laws and Regulations...................................................................... 9 2.1. Section 1-- Precedence of Laws and Regulations…………………………………. 9 2.2. Section 2 -- Prescribing Regulations………………………………………………… 9 2.3. Section 3 -- Agreement Governs………………………………………………………9 2.4. Section 4 -- Mandated Changes of Agreement or Regulations……………………9 2.5. Section 5 -- Management Proposals for Change During the of the Agreement...10 2.6. Section 6 -- Past Practices……………………………………………………………10 Article 3 – Labor-Management Relations Committees................................................... 11 3.1. Section 1 -- Purpose and Function…………………………………………………..11 3.2 Section 2 -- Labor-Management Relations Committee Meetings……………………………………………........................ 11 3.3. Section 3 -- Coordination of Regional LMR Committee Meeting ...………………12 3.4. Section 4 -- National Meetings……………………………………………………….13 Article 4 – Midterm Bargaining........................................................................................... 194 4.1. Section 1 -- National Bargaining……………………………………………………..14 4.2. Section 2 -- Regional Bargaining…………………………………………………….15 Article 5 – Rights of Employees......................................................................................... 227 5.1. Section 1 -- General…………………………………………………………………. 17 5.2. Section 2 -- Employee Right to Participate………………………………………….17 5.3. Section 3 -- Employee Concerns…………………………………………………….17 5.4. Section 4 -- Employee Right to Grieve………………………………………………17 5.5. Section 5 -- Employee Membership…………………………………………………17 5.6. Section 6 -- No Discrimination………………………………………………………18 5.7. Section 7 -- Unit Employee Right to Representation………………………………18 Article 6 – NCFLL Stewards................................................................................................ 249 6.1. Section 1 -- Designation of Stewards………………………………………………..19 6.2. Section 2 -- Allocation of Stewards…………………………………………………..19 6.3. Section 3 -- Notification to Management and Posting……………………………..19 Article 7 – Regional and National Union Officials............................................................ 20 7.1. Section 1 -- Regional NCFLL Officials………………………………………………20 7.2. Section 2 -- National NCFLL Officials……………………………………………….20 Article 8 – Official Time and Travel Expenses.................................................................. 21 8.1. Section 1 -- General…………………………………………………………………...21 8.2. Section 2 -- Official Time for Stewards and NCFLL Officials…..…………………21 8.3. Section 3 -- Official Time for Bargaining Unit Employees………………………....22 8.4. Section 4 -- Definition of Reasonable Amount of time……………………………..23 8.5. Section 5 -- Use of Official time: Check-Out, Check-In..………………………….23 8.6. Section 6 -- NCFLL National Officials……………………………………………….24 8.7. Section 7 -- Travel Expenses………………………………………………………...24 Article 9 – Use of Official Facilities....................................................................................... 26 9.1. Section 1 -- Bulletin Boards…………………………………………………………..26 9.2. Section 2 -- Distribution……………………………………………………………….26 9.3. Section 3 -- Meeting Rooms………………………………………………………….26 9.4. Section 4 -- Telecommunications Equipment and Systems………………………27 9.5. Section 5 -- Use of Government Mail………………………………………………..27 9.6. Section 6 -- Official Equipment………………………………………………………27 9.7. Section 7 -- Telephone Listings……………………………………………………...28 9.8. Section 8 -- Office Space Privacy for NCFLL Executive Committee…………….28 9.9. Section 9 -- Identification of Equipment and New Technology…………………..28 Article 10 – Dues Withholding............................................................................................... 29 10.1. Section 1 -- Eligibility………………………………………………………………….29 10.2. Section 2 -- Procedure for Authorizing Dues Withholding……………………… ..29 10.3. Section 3 -- Automatic Continuation of Dues Withholding………………………..30 10.4. Section 4 -- Revocation or Termination of Dues Withholding…………………… 30 10.5. Section 5 -- Changes in Dues Structure………………………………………….…31 10.6. Section 6 -- Remittance to the NCFLL and Cost of Service………………………31 10.7. Section 7 -- Correction of Errors.. …………………………………………………...31 10.7. Section 8 -- Duration of Dues Withholding Article…………………………………32 Article 11 – Space Management........................................................................................... 33 11.1. Section 1 -- Informal Process………………………………………………………...33 11.2. Section 2 -- Formal Process………………………………………………………….33 11.3. Section 3 -- Rights of NCFLL Representatives and Stewards……………………33 11.4. Section 4 -- Information…………………………………………………………….…33 11.5. Section 5 -- Workspace .......................................................................................34 Article 12 – Performance Based Actions........................................................................... 35 12.1. Section 1 -- General…………………………………………………………………...35 12.2. Section 2 -- Initial Procedure…………………………………………………………35 12.3. Section 3 -- Notice of Proposed Action……………………………………………...35 12.4. Section 4 -- Notice of Decision……………………………………………………….35 Article 13 – Disciplinary Actions........................................................................................... 37 13.1. Section 1 -- General…………………………………………………………………...37 13.2 Section 2 -- Procedures for Suspension……………………………………………37 13.3. Section 3 -- Grievance/Arbitration Rights.............................................................38 13.4. Section 4 -- Evidence…………………………………………………………………38 13.5. Section 5 -- Exception to Disciplinary Action Appeals…………………………….39 Article 14 – Adverse Actions................................................................................................. 40 14.1. Section 1 -- General…………………………………………………………………...40 14.2. Section 2 -- Written Notice……………………………………………………………40 14.3. Section 3 -- Evidence…………………………………………………………………40 14.4. Section 4 -- Notice of Decision………………………………………………………41 14.5. Section 5 -- Records Retention……………………………………………………...41 Article 15 – Grievance Procedure........................................................................................ 42 15.1. Section 1 -- Purpose…………………………………………………………………..42 15.2. Section 2 -- Definition of a Grievance (Coverage and Scope)……………………42 15.3. Section 3 -- Exclusive Procedure……………………………………………………44 15.4. Section 4 -- Representation………………………………………………………….44 15.5. Section 5 -- Who May Initiate Grievance…………………………………………...45 15.6. Section 6 -- Grievance Form…………………………………………………………45 15.7. Section 7 -- General Procedures……………………………………………………46 15.8. Section 8 -- Failure to Meet Requirements………………………………………...50 15.9. Section 9 -- Modification of Procedures…………………………………………….50 15.10. Section 10 - Statement of Grievability………………………………………………50 Article 16 – Arbitration............................................................................................................. 51 16.1. Section 1 -- Selection of Arbitrators………………………………………………….51 16.2. Section 2 -- Cost of Arbitrator Fees and Travel Expenses………………………..52 16.3. Section 3 -- Scheduling, Date and Site of Arbitration Hearing……………………52 16.4. Section 4 -- Official Time and Expenses……………………………………………52 16.5. Section 5 -- Witnesses…………………………………………………………….…..53 16.6. Section 6 -- Authority of Arbitrator……………………………………………………53 16.7. Section 7 -- Grievability/Arbitrability Decisions……………………………………..54 16.8. Section 8 -- Time Limits……………………………………………………………….54 16.9. Section 9 -- Stipulations of Fact……………………………………………………...54 16.10. Section 10 - Hearing Process………………………………………………………...54 16.11. Section 11 - Review of Outstanding Arbitration Cases……………………………55 Article 17 – Alternative Dispute Resolution (ADR)........................................................... 56 Article 18 – Equal Pay for Equal Work – Position Classification................................. 57 18.1. Section 1 -- Equal Pay for Equal Work………………………………………………57 18.2. Section 2 -- Position Description……………………………………………………..57 Article 19 – Equal Employment Opportunity..................................................................... 58 19.1 Section 1 -- General…………………………………………………………………...58 19.2. Section 2 -- No NCFLL Discrimination……………………………………………...58 19.3. Section 3 -- Exchange of Information……………………………………………….58 19.4. Section 4 -- EEO Committees….…………………………………………………….58 19.5. Section 5 -- Special Emphasis Program Committees……………………………..59 19.6. Section 6 -- Meetings with Outside Groups on EEO Matters……………………..59 19.7. Section 7 -- EEO Counselors………………………………………………………..59 19.8. Section 8 -- EEO Complaint Resolution……………………………………………60 19.9. Section 9 -- Reasonable Accommodation………………………………………….60 Article 20 – Merit Staffing........................................................................................................ 62 20.1. Section 1 -- General…………………………………………………………………...62 20.2. Section 2 -- General requirements…………………………………………………..64 20.3. Section 3 -- Candidates to be Considered………………………………………….64 20.4. Section 4 -- Merit Staffing Reevaluations…………………………………………...64 20.5. Section 5 -- Selection………………………………………………………………….64 20.6. Section 6 -- Keeping Employees and the NCFLL Informed……………………….65 20.7. Section 7 -- Merit Staffing Reviews………………………………………………….66 20.8. Section 8 -- Corrective Actions……………………………………………………….67 20.9. Section 9 -- Cancellation of Vacancy Announcements……………………………67 20.10. Section 10 - Career Ladder Promotions…………………………………………….67 20.11. Section 11 - Electronic Filing Procedures…………………………………………..68 20.12. Section 12 - Appropriate Use of Equipment……………………………………….68 Article 21 – Personnel Records............................................................................................ 69 21.1. Section 1 -- Official Personnel Folders……………………………………………...69 21.2. Section 2 -- Employee Performance Files…………………………………………..69 21.3. Section 3 -- Working Files…………………………………………………………….69 21.4. Section 4 -- Employee's Review of Files……………………………………………70 Article 22 – Training................................................................................................................. 71 22.1. Section 1 -- General…………………………………………………………………...71 22.2. Section 2 -- Official Time and Travel, Labor Relations Training………………….71 22.3. Section 3 -- Travel……………………………………………………………………..72 22.4. Section 4 -- DOL Paid Tuition………………………………………………………...72 22.5. Section 5 -- Equipment and Time for Continuing Education……………………...72 22.6. Section 6 -- Ad-Hoc Training Advisory Groups……………………………………..72 Article 23 – GSA Vehicles or Leased Vehicles.................................................................. 74 23.1. Section 1 -- Assignment of GSA Vehicles or Leased Vehicles; or Recall……….74 23.2. Section 2 -- Use of GSA Vehicles……………………………………………………74 23.3. Section 3 -- Unsafe Vehicles…………………………………………………………74 Article 24 – Official Travel....................................................................................................... 75 24.1. Section 1 -- General…………………………………………………………………...75 24.2. Section 2 -- Scheduling Official Travel………………………………………………75 24.3. Section 3 -- Notification of Temporary Duty………………………………………...75 24.4. Section 4 -- Alternative Travel………………………………………………………..76 Article 25 – Hours of Work / Flexible Schedules.............................................................. 77 25.1. Section 1 -- General…………………………………………………………………...77 25.2. Section 2 -- Types of Schedules……………………………………………………..77 25.3. Section 3 -- Definitions………………………………………………………………..79 25.4. Section 4 -- Changing Work Schedules…………………………………………….80 25.5. Section 5 -- Split Shifts………………………………………………………………..80 25.6. Section 6 -- Timekeeping……………………………………………………………..80 25.7. Section 7 -- Hours of Work……………………………………………………………80 25.8. Section 8 -- Pay Administration………………………………………………………81 25.9. Section 9 -- Coverage of Mission Needs……………………………………………81 25.10. Section 10 - Abuse…………………………………………………………………….81 25.11. Section 11 - Rest Breaks…………………………………………………….……….82 25.12. Section 12 - MSHA Cleanup Time…………………………………………………...82 25.13. Section 13 - Evenings/Night Shifts…………………………………………………..83 25.14. Section 14 -- Grievability………………………………………………………….…..83 Article 26 – Overtime................................................................................................................ 84 26.1. Section 1 -- General…………………………………………………………………...84 26.2. Section 2 -- Distribution of Overtime…………………………………………………84 26.3. Section 3 -- Overtime Compensation for Non-Exempt Employees………………84 26.4. Section 4 -- Compensation for Exempt Employees………………………………..84 26.5. Section 5 -- Call-Back Overtime……………………………………………………...84 Article 27 – Work Schedules for Religious Observances.............................................. 85 27.1. Section 1 -- Modifications to Work Schedules……………………………………...85 27.2. Section 2 -- Compensatory Overtime/Time Off…………………………………….85 27.3. Section 3 -- Granting and Repaying Compensatory Time Off…………………….85 27.4. Section 4 -- Non-Applicability of Premium Pay……………………………………..85 Article 28 – Job Sharing......................................................................................................... 86 Article 29 – Telework............................................................................................................... 87 29.1. Section 1 -- Purpose…………………………………………………………………..87 29.2. Section 2 -- Employee Rights………………………………………………………..87 29.3. Section 3 -- Types of Arrangements………………………………………………..88 29.4. Section 4 -- Eligibility and Participation…………………………………………….88 29.5. Section 5 -- Recall…………………………………………………………………….90 29.6. Section 6 -- Modification and Termination of Agreement…………………………90 29.7. Section 7 -- Pay Status……………………………………………………………….91 29.8. Section 8 -- Dispute Resolution……………………………………………………..92 29.9. Section 9 -- Sensitive and Personally Identifiable Information…………………..92 29.10. Section 10 - Operating Principles and Responsibilities…………………………..93 29.11. Section 11 - Accountability Statistics………………………………………………..93 Article 30 – Dependent Care Programs.............................................................................. 94 30.1. Section 1 -- General Statement………………………………………………………94 30.2. Section 2 -- Types of Programs………………………………………………………94 30.3. Section 3 -- NCFLL Involvement……………………………………………………..94 30.4. Section 4 -- Child Care Subsidy……………………………………………………...95 30.5. Section 5 -- Nursing Mothers…………………………………………………………96 Article 31 – Mass Transit Subsidy and Pre-Tax Parking Benefit................................. 97 31.1. Section 1 -- Mass Transit Benefit…………………………………………………….97 31.2. Section 2 -- Pre-Tax Parking Benefit………………………………………………..97 Article 32 – Employee Assistance Program…………………………………………….99 32.1. Section 1 -- General…………………………………………………………………...99 32.2. Section 2 -- NCFLL-Management Cooperation……………………………………99 32.3. Section 3 -- Use of Leave Under the Program……………………………………..99 32.4. Section 4 -- Employee Rights and Responsibilities……………………………….99 32.5. Section 5 -- Management Rights and Responsibilities……………………………99 32.6. Section 6 -- Program Training -- Union Participation…………………………….100 32.7. Section 7 -- Promoting the Program………………………………………………..100 Article 33 – Employee Wellness......................................................................................... 101 33.1. Section 1 -- General Statement…………………………………………………….101 33.2. Section 2 -- Health Services Program……………………………………………..101 33.3. Section 3 -- Wellness/Fitness Programs…………………………………………..102 33.4. Section 4 -- Quality Work Environment 102………………………………………102 Article 34 – Safety and Health…………………………………………………………….104 34.1. Section 1 -- General Statement.........................................................................104 34.2. Section 2 -- Correcting Conditions………………………………………………….104 34.3. Section 3 -- Employee Rights/Responsibilities………………………………….. 104 34.4. Section 4 -- Life Saving Equipment………………………………………………..105 34.5. Section 5 -- Personal Protective Equipment and Clothing………………………105 34.6. Section 6 -- Vehicle Safety Procedures……………………………………………106 34.7. Section 7 -- Safety and Health Inspections………………………………………..106 34.8. Section 8 -- Exposure to Hazardous Materials……………………………………107 34.9. Section 9 -- Ergonomic Hazards……………………………………………………107 34.10. Section 10 - Training…………………………………………………………………108 34.11. Section 11 - Safety and Health Committees………………………………………108 Article 35 – Harassing Conduct and Workplace Violence…………………………..110 35.1. Section 1 -- General Statement…………………………………………………….110 35.2. Section 2 -- Reporting Workplace Violence Incidents……………………………110 35.3. Section 3 -- Correcting Conditions………………………………………………….110 35.4. Section 4 -- Training………………………………………………………………….111 35.5. Section 5 -- Program Review and Analysis………………………………………..111 Article 36 – Annual Leave…………………………………………………………………112 36.1. Section 1 -- General………………………………………………………………….112 36.2. Section 2 -- Consecutive Vacation Time…………………………………………..112 36.3. Section 3 -- Resolving Conflict……………………………………………………..112 36.4. Section 4 -- Leave Usage Increments……………………………………………..112 36.5. Section 5 -- Restored Leave………………………………………………………...112 36.6. Section 6 -- Advanced Annual Leave………………………………………………112 Article 37 – Administrative Leave………………………………………………………..114 37.1. Section 1 -- Definition………………………………………………………………..114 37.2. Section 2 -- Registration and Voting……………………………………………….114 37.3. Section 3 -- Inclement Weather or Emergency Conditions……………………...115 37.4. Section 4 -- Vehicle Breakdown While on Official Business…………………….116 37.5. Section 5 -- Blood Donation…………………………………………………………116 37.6. Section 6 -- Participation in Military Funerals……………………………………..116 Article 38 – Court Leave…………………………………………………………………...118 Article 39 – Family Leave………………………………………………………………….119 39.1. Section 1 -- Maternity, Paternity, and Child-Rearing Leave……………………..119 39.2. Section 2 -- Family Leave…………………………………………………………...119 39.3. Section 3 -- Adoptive Leave…………………………………………………………120 39.4. Section 4 -- Definition of Family Member for FEFFLA……………………………120 39.5. Section 5 -- Definition of Family Member for FMLA………………………………120 Article 40 – Sick Leave…………………………………………………………………….121 40.1. Section 1 - General…………………………………………………………………..121 40.2. Section 2 -- Approval………………………………………………………………...121 40.3. Section 3 -- Use of Sick Leave……………………………………………………...121 40.4. Section 4 -- Charge to Annual Leave………………………………………………122 Article 41 – Department of Labor Regional Leave Bank Program…………………123 41.1. Section 1 -- Purpose…………………………………………………………………123 41.2. Section 2 -- Administration………………………………………………………….123 41.3. Section 3 -- Procedures……………………………………………………………..123 41.4. Section 4 -- Publicity………………………………………………………………...124 Article 42 – Volunteer Services to Non-Profit Organizations……………………….125 Article 43 – Performance Management System……………………………………….127 43.1. Section 1 -- Coverage………………………………………………………………..127 43.2. Section 2 -- Procedures for Developing Elements and Performance Standards…………………………………………………………….127 43.3. Section 3 -- Performance Standards……………………………………………….127 43.4. Section 4 -- Annual Rating of Record………………………………………………128 43.5. Section 5 -- Improving Unsatisfactory Performance……………………………...128 43.6. Section 6 -- Performance Improvement Plan……………………………………..129 43.7. Section 7 -- Special Circumstances………………………………………………..129 43.8. Section 8 -- Initiation of a New Appraisal Period………………………………….129 43.9. Section 9 -- Removal of "Fail" and "Need to Improve" Performance Information in Personnel Files……………………………………130 43.10. Section 10 - Information Sharing…………………………………………………...130 43.11. Section 11 - Grievability and Arbitrability of Job Elements and Performance Standards…………………………………………..130 Article 44 – Performance Awards………………………………………………………..131 44.1. Section 1 -- General………………………………………………………………….131 44.2. Section 2 -- Effect of Summary Ratings……………………………………………131 Article 45 – Acceptable Level of Competence for Within-Grade Increase……….133 45.1. Section 1 -- General………………………………………………………………….133 45.2. Section 2 -- Definition of Acceptable Level of Competence……………………..133 45.3. Section 3 -- Procedures……………………………………………………………..133 45.4. Section 4 -- Negative Determination……………………………………………….134 Article 46 – Honor Awards Committee………………………………………………….136 Article 47 – Reduction in Force or Transfer of Function…………………………….137 47.1. Section 1 -- General………………………………………………………………….137 47.2. Section 2 -- Notification……………………………………………………………...137 47.3. Section 3 -- Retention Registers……………………………………………………138 47.4. Section 4 -- Department of Labor Employee Placement Assistance…………...138 47.5. Section 5 -- Repromotion List……………………………………………………….139 47.6. Section 6 -- RIF Contract Coverage………………………………………………..140 Article 48 – Interstation Transfer………………………………………………………...141 48.1. Section 1 -- General………………………………………………………………….141 48.2. Section 2 -- Procedures……………………………………………………………..141 48.3. Section 3 -- Return to Previously Abolished Position…………………………….141 48.4. Section 4 -- Interstation Transfer for Employee Convenience/Hardship……….142 48.5. Section 5 -- Notice to NCFLL……………………………………………………….142 Article 49 – Contracting Out………………………………………………………………143 49.1. Section 1 -- General………………………………………………………………….143 49.2. Section 2 -- A-76 Competitive Sourcing/Commercial Activity Process…………143 49.3. Section 3 -- Personnel Considerations for Displaced Employees………………144 Article 50 – Technology……………………………………………………………………145 50.1. Section 1 -- Information Technology Committee………………………………….145 50.2. Section 2 -- Hardware and Software Utilization…………………………………..145 50.3. Section 3 -- Training on New Technology…………………………………………145 50.4. Section 4 -- Pilot Programs………………………………………………………….146 50.5. Section 5 -- Identity Theft……………………………………………………………146 Article 51 – Information Sharing – Periodic Reports.................................................. 1307 Article 52 – Quality of Service……………………………………………………………150 Article 53 – Directed Membership and Participation in Professional Associations………………………………………………………………151 Article 54 – Management Rights........................................................................................ 152 54.1. Section 1 -- General………………………………………………………………….152 54.2. Section 2 -- Applications…………………………………………………………….152 Article 55 – Leaves of Absence (Union Officials)........................................................... 153 55.1. Section 1 -- AFGE or AFL-CIO Officer or Representative……………………….153 55.2. Section 2 -- Period of Leave of Absence…………………………………………..153 55.3. Section 3 -- Conditions and Return Rights………………………………………...153 Article 56 – Reemployment Opportunities After Retirement....................................... 154 56.1. Section 1 -- Eligibility…………………………………………………………………154 56.2. Section 2 -- Selection and Approval………………………………………………..154 56.3. Section 3 -- Reemployment…………………………………………………………154 Article 57 – Concerted Activity........................................................................................... 155 57.1. Section 1 -- No Strike………………………………………………………………..155 57.2. Section 2 -- No Lockout……………………………………………………………..155 Article 58 – Copies of Agreement...................................................................................... 156 58.1. Section 1 -- Copies…………………………………………………………………..156 58.2. Section 2 -- Expenses……………………………………………………………….156 58.3. Section 3 -- Electronic Posting……………………………………………………...156 Article 59 – Supplemental Agreements............................................................................ 157 59.1. Section 1 -- Authority of Master Agreement……………………………………….157 59.2. Section 2 -- Appropriate Matters for Regional Negotiations…………………….157 59.3. Section 3 -- Resolution of Regional Negotiation Disputes……………………….157 59.4. Section 4 -- Ratification and Approval of Regional Agreements………………..158 Article 60 – Duration and Termination.............................................................................. 159 Appendix A – Merit System Principles............................................................................. 160 Appendix B – Prohibited Personnel Practices............................................................... 162 Article 1 – Coverage and Recognition Section 1 – Recognition
Section 2 – CoverageThe bargaining unit to which this Agreement is applicable consists of all employees stationed throughout the Nation in field duty stations of the Department outside the Washington, D.C. metropolitan area, except non-clerical employees of the Office of Labor-Management Standards, employees serving in temporary appointments of less than one year's duration, or employees excluded under Section 3 of this Article. Employees of the Employee Benefits Security Administration (EBSA) and Occupational Safety and Health Administration (OSHA) field offices in the Washington, D.C. metropolitan area are included. Section 3 – Exclusions from CoverageThe following employees are excluded from the bargaining unit covered by this Agreement in accordance with the Statute:
Section 4 – Coverage of AgreementManagement and the NCFLL agree that the terms and conditions of this Agreement apply to all employees in the bargaining unit. Section 5 – Unit ClarificationIf the Department determines that a new or existing position is outside the bargaining unit, the Department will notify the NCFLL Executive Committee within 14 calendar days. The NCFLL will have 14 calendar days following the notification to challenge the Department's decision. Following a reply from the NCFLL, the Department will stay implementation for 21 calendar days to allow the parties an opportunity to informally resolve their disputes. Section 6 – Employee Orientation
Section 7 – Bargaining Unit ListsManagement will furnish annually to the NCFLL, during the month of February, for its internal use only, an electronic spreadsheet by Region capable of being sorted by names, position titles, grades, bargaining unit status, dues check-off status, Agency duty station, and local affiliation of all employees in the bargaining unit. Article 2 – Governing Laws and RegulationsSection 1 – Precedence of Laws and RegulationsIn the administration of all matters covered by this Agreement, officials and employees are governed by existing or future laws and regulations of appropriate authorities; by published Department and/or Agency policies and regulations in existence at the time this Agreement was approved; and by subsequently published Department and/or Agency policies and regulations required by law or by the regulations of appropriate authorities. Section 2 – Prescribing RegulationsIn prescribing Department and/or Agency regulations relating to personnel policies and practices and matters affecting working conditions, Management shall have due regard for the obligation to meet and confer with the NCFLL. The obligation, however, to meet and confer does not include matters with respect to the mission of the Department; its budget; its organization; the number of employees; or its internal security practices; and consistent with Article 54, Management Rights, the numbers, types, and grades of positions or employees assigned to an organizational unit, work project, or tour of duty; or the technology of performing its work. This does not preclude Management or the NCFLL from negotiating agreements providing appropriate arrangements for employees adversely affected by the exercise of any authority under this Section by Management. Section 3 – Agreement GovernsWhere existing provisions of Department and/or Agency regulations are in conflict with this Agreement, the provisions of this Agreement shall govern. Section 4 – Mandated Changes of Agreement or Regulation
Section 5 – Management Proposals for Change During the Term of the Agreement
Section 6 – Past PracticesIt is agreed and understood that any prior working conditions and practices and understandings which are not specifically covered by the Agreement or in conflict with it shall not be changed unless mutually agreed to by the parties Article 3 – Labor-Management Relations CommitteesSection 1 – Purpose and FunctionThe parties recognize that the entrance into a formal collective bargaining agreement with each other is but one act leading toward a constructive labor-management relationship. The success of a labor-management relationship is further assured if a forum is available and used to communicate with each other during the life of the agreement. The Department and the NCFLL, therefore, agree to continue and improve upon both the National Labor-Management Relations Committee and Regional Labor-Management Relations Committees for the purpose of exchanging information and discussing matters of mutual concern or interest in the broad area of personnel policy and practices and other matters affecting working conditions. The parties will strive to have these committees be an effective forum for meaningful dialogue and exchanges in a manner that will benefit both labor and management and promote an effective and efficient government. Section 2 – Labor-Management Relations Committee Meetings
Section 3 – Coordination of Regional LMR Committee Meetings
Section 4 – National Meetings
Article 4 – Midterm BargainingAs used in this Article, bargaining during the term of the Agreement, otherwise referred to as “midterm bargaining” includes all aspects of negotiations from preliminary meetings on ground rules, if any, through mediation and impasse resolution processes when needed. The parties will utilize information technology and electronic resources to communicate prior to bargaining. The parties also agree to utilize available technology in the bargaining process where efficient and cost effective. Section 1 – National Bargaining
The parties will meet to bargain no later than 30 calendar days from the Department’s receipt of a timely NCFLL request to bargain or unless a later time is mutually agreed to by the parties. Official time and travel for midterm bargaining are covered in Article 8. When bargaining is face-to-face, the bargaining site will be based on cost and efficiency unless mutually agreed otherwise.
The number of employees representing the NCFLL at midterm bargaining for whom official time and travel expenses are authorized, normally not less than three, shall not exceed the number of members designated by the Department on its bargaining team (5 U.S.C. 7131(a)), unless otherwise agreed to by the parties.
Following the NCFLL initial bargaining request, the NCFLL shall state in writing its specific concerns or interests with regard to the Management proposed change and/or provide the Department with a counterproposal in contract language format. The NCFLL will provide the Department with its specific concerns and/or counterproposals as soon as possible but no later than 14 calendar days prior to the scheduled commencement of the bargaining.
The Department will provide the NCFLL with the use of a caucus room, telephone and on an as-needed basis, the use of duplicating equipment. Section 2 – Regional Bargaining
For efficient and uniform communication between the parties to facilitate regional midterm bargaining, on the effective date of this Agreement, the NCFLL President or designee will submit to each of the six regional Offices of the Assistant Secretary for Administration and Management (OASAM) the NCFLL’s regional representatives to whom management will send notifications of changes which may impact working conditions of bargaining unit employees. The designated Union representatives will not exceed 50 nationwide in totality and will not exceed 10 for any single regional OASAM. At the same time the NCFLL submits its designated representatives, it will also submit to each of the six regional OASAMs the names of designated Union representatives who are the only union representatives authorized to request bargaining within the OASAM region. These designated Union representatives may, or may not, be part of the group of Union representatives designated to receive the notifications of changes which may impact working conditions of bargaining unit employees.
The parties will meet to bargain no later than 30 calendar days from the Department’s receipt of a timely NCFLL request to bargain unless a later time is mutually agreed to by the parties.
Regional midterm bargaining may be conducted by the parties at its Regional Labor-Management Relations Committee (RLMRC) meeting. If bargaining is not conducted at RLMRC meetings, any face-to-face bargaining will be conducted at a bargaining site based on cost and efficiency unless mutually agreed otherwise. Official time and travel for midterm bargaining are covered in Article 8.
The number of employees representing the NCFLL at midterm bargaining for whom official time and travel expenses are authorized shall not exceed the 5 U.S.C. 7131(a)), unless otherwise agreed to by the parties. Management will inform the Union of the number of management team members within seven (7) calendar days of receipt of a timely request to bargain.
Following the NCFLL initial bargaining request, the NCFLL shall state in writing its specific concerns or interests with regard to the Management proposed change and/or provide the Department with a counterproposal in contract language format. The NCFLL will provide the Department with its specific concerns and/or counterproposals as soon as possible but no later than fourteen (14) calendar days prior to the scheduled commencement of the bargaining. Article 5 – Rights of EmployeesSection 1 – GeneralEach employee of the Department has the right, freely and without fear of penalty or reprisal, to form, join, or assist the NCFLL or to refrain from any such activity. Employees shall be protected in the exercise of this right. Section 2 – Employee Right to ParticipateExcept as otherwise expressly provided in this Agreement and in Title VII of the Civil Service Reform Act, as amended, the right to assist a labor organization extends to participation in the management of the organization and acting for the organization in the capacity of an organization representative, including presentation of views to officials to the Executive Branch, the Congress, or other appropriate authority. Section 3 – Employee ConcernsEach employee shall have the right to bring matters of personal concern to the attention of appropriate officials of the Department and/or the NCFLL. Section 4 – Employee Right to GrieveThe initiation of a grievance by an employee will not cause any reflection on his/her standing with his/her supervisor or on his/her loyalty or desirability to the Department. Employees and NCFLL Representatives 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. Management will not impose any restraint, interference, coercion, or discrimination against any employee in the exercise of his/her right to designate an NCFLL Representative for the purpose of representing to Management any matter or job related concern or of representing the employee to any Government agency or official of the Department. The extent to which official time is granted to employees and NCFLL Representatives is as provided in Article 8 of this Agreement. Section 5 – Employee MembershipNothing in this Agreement will require an employee to become or remain a member of a labor organization or to pay money to the organization except pursuant to a voluntary written authorization by a member for payment of dues through payroll deductions or by voluntary cash payment by a member. Section 6 – No DiscriminationManagement and the NCFLL will not discriminate against any bargaining unit employee because of age, sex, race, religion, color, national origin, disability, sexual orientation, parental status or because of veteran status. Section 7 – Unit Employee Right to Representation
Article 6 – NCFLL StewardsSection 1 – Designation of StewardsThe NCFLL shall provide the Regional Administrator-OASAM, with a list of designated Stewards in each OASAM Region. These designated Stewards shall be recognized as employee representatives for bargaining unit employees in the offices to which they are designated and shall be entitled to the use of official time under provisions of this Agreement. Normally, the areas of representational responsibility for designated Stewards should be separate but may overlap. Section 2 – Allocation of Stewards
Section 3 – Notification to Management and PostingThe NCFLL shall provide each Regional Administrator-OASAM with a complete list of Stewards for that Region and identify the Agency or segment thereof that each Steward is designated to represent. The lists of Stewards shall be posted on LaborNet. The Union shall be entitled to post the lists of Stewards on appropriate bulletin boards. Article 7 – Regional and National Union OfficialsSection 1 – Regional NCFLL Officials
Official time and/or travel expenses will be granted under the provisions of this Agreement and consistent with the provisions of Article 8. Only one designated Regional NCFLL Official at a time may be entitled to official time in connection with a given representational matter (e.g., grievance, adverse action, disciplinary action, statutory appeal, EEO representation, etc.)
Section 2 – National NCFLL Officials
Article 8 – Official Time and Travel ExpensesSection 1 – General
Section 2 – Official Time for Stewards and NCFLL Officials
An NCFLL Steward or Regional NCFLL Official may utilize a reasonable amount of official time to prepare for and be present at meetings with Management, including Safety and Health Committee meetings, Labor-Management Relations Committee meetings, etc., concerning personnel policies, practices, and other matters affecting working conditions of employees in the bargaining unit. Such meetings may be initiated by either the Union or Management. An NCFLL Steward or Regional NCFLL Official may utilize a reasonable amount of official time to communicate with other Stewards or Officials in connection with such meetings. The Department and the NCFLL encourage informal meetings to resolve potential problems at the work site and preclude, if at all possible, the need for formal dispute procedures to be initiated.
Union Officials (one per Local) may utilize up to eight hours of official time annually to prepare the annual financial report which must be filed with the Department of Labor pursuant to 5 U.S.C. 7120, Standards of Conduct for Labor Organizations. Union officials may also utilize up to eight hours of official time to prepare IRS Form 990.
Union Officials may utilize a reasonable amount of time for review and initiation of corrective action related to the bi-weekly dues deduction report.
The NCFLL shall be given the opportunity on official time to be represented at any formal discussion, as prescribed in Article 1, Section 1D.
Union Representatives will be on official time for all midterm bargaining. Section 3 – Official Time for Bargaining Unit Employees
A bargaining unit employee(s) may utilize a reasonable amount of official time to confer with a Steward, Regional NCFLL Official, or National NCFLL Official.
A bargaining unit employee(s) may utilize a reasonable amount of official time to attend meetings with Management and third party proceedings when he/she is the affected employee or a witness in a grievance or statutory appeal proceeding.
If two or more bargaining unit employees file a group grievance, the following number of those employees will be granted official time to discuss the matter(s) with an NCFLL Steward or Official, and to attend grievance meetings pursuant to Article 15, Grievance Procedure.
This Section applies to persons who are currently employed by the Department. Section 4 – Definition of Reasonable Amount of Time
Section 5 – Use of Official Time: Check-Out, Check-InA bargaining unit employee(s) or the designated Union Representative who desires to use official time under this Article may be authorized a “reasonable amount of time as follows:
Section 6 – NCFLL National OfficialsNCFLL National Officials (as designated in Article 7) will be on 100% official time. When employees are newly elected or appointed to the National Council, the NCFLL will notify the Department and there will be a 90-day transition period from the date of receipt of such notice before the employee begins utilizing 100% official time. There will be a 90-day transition period from the date of notice when an NCFLL National Officer leaves office to resume the duties of his/her position. When an NCFLL National Official leaves office, he/she will normally have a right to return to the position of record in the commuting area. Section 7 – Travel ExpensesThe Department and the NCFLL have a mutual commitment to contain travel expenses in connection with representation. Therefore, the parties agree to the following provisions.
Bargaining unit employees will be reimbursed for travel expenses in connection with meetings with Management, face-to-face oral responses to proposed disciplinary suspensions or adverse actions, or participation in grievances or arbitrations or other third party proceedings (as delineated in Section 2A.2 of this Article). Article 9 – Use of Official FacilitiesSection 1 – Bulletin Boards
Section 2 – Distribution
Section 3 – Meeting Rooms
Section 4 – Telecommunications Equipment and Systems
Section 5 – Use of Government MailNCFLL Officials and Stewards shall have use of Government mail and/or premium delivery service under contract for the conduct of labor-management relations business, but not for internal Union business. All use of Government mail and premium delivery service shall be in accordance with DLMS 2, Chapter 560. Section 6 – Office Equipment
Management agrees to provide the NCFLL with the use of a lockable file cabinet in the National Office, conveniently located, for the use of the National NCFLL Executive Committee Officials, plus one in each National NCFLL Official’s field office.
Management agrees to provide the use of one lockable file cabinet in each Regional Office for the use of Regional Union Officials.
NCFLL Officials and Stewards shall have access to Departmental photocopying equipment for the conduct of labor-management relations business but not for internal Union business.
The NCFLL’s use of the Department’s equipment for Labor-Management business is considered official use and is not subject to the appropriate use policy regarding personal use contained in DLMS 9 Chapter 900. Section 7 – Telephone Listings
Section 8 – Office Space Privacy for NCFLL Executive Committee
Section 9 – Identification of Equipment and New TechnologyThis Article identifies the use of facilities and equipment to which the parties have agreed. However, with the introduction of new technology into the Department’s work environment, either party may initiate bargaining on the new technology Article 10 – Dues WithholdingSection 1 – Eligibility
Section 2 – Procedure for Authorizing Dues Withholding
Section 3 – Automatic Continuation of Dues Withholding
Section 4 – Revocation or Termination of Dues Withholding
NOTICE OF TERMINATION OF DUES WITHHOLDING Regulations governing dues withholding to a labor organization require that dues withholding be automatically cancelled whenever an employee is reassigned or promoted to a position outside the bargaining unit.You were recently subject to a reassignment or promotion which will automatically terminate your dues withholding. The final dues withholding will be made for the last pay period in your old position. If this is a temporary assignment or promotion, your dues will be reinstated upon your return to the bargaining unit. If you have any questions regarding the termination of your dues withholding, you may wish to contact your steward or Local President. You may continue your membership by direct payment of dues.
Section 5 – Changes in Dues StructureIn the event of a change in the regular dues of a Local affiliated with the NCFLL, the deduction from the salaries of those members who have previously authorized dues withholding for the NCFLL Local will be adjusted upon certification of the dues change by the NCFLL Local Union to the RA-OASAM. Certification may be provided electronically, facsimile or by other means. This change will be made beginning with the first full pay period which starts after the certification is received. A change in deductions under this Section may not be made more frequently than once every 12 months. Section 6 – Remittance to the NCFLL and Cost of Service
Section 7 – Correction of Errors
Section 8 – Duration of Dues Withholding Article
Article 11 – Space ManagementSection 1 – Informal ProcessThe NCFLL and Department of Labor recognize that employee workspaces are an important condition of employment and that potential changes should be handled at office locations between the affected employees, the designated local union Steward, and local management to the fullest extent possible. When management makes a decision that a change in employee’s work space (including relocations and renovations), management will inform the NCFLL Regional Executive Committee. It is desirable that issues concerning space be resolved informally through discussion between the office Steward and local management with the understanding that any unresolved issues can always become the subject of formal bargaining. Section 2 – Formal ProcessAfter the informal process, as described above has concluded, the Office of the Regional Administrator — OASAM, will provide formal notification to the union of the final disposition of the informal process. The NCFLL may then request bargaining in accordance with the terms of Article 4 of the Agreement. Midterm bargaining concerning space will normally be held at the site in question or at a location where minimal travel expenses will be incurred by the parties. Section 3 – Rights of NCFLL Representatives and StewardsWhen the space change involves an office move or when a new office is established, the designated NCFLL Steward shall be allowed to have input into the requirements that are included in the SF 81 and participate in market surveys and site visits scheduled by GSA provided that the steward agrees to follow all GSA requirements. Section 4 – InformationRegional OASAM will provide the NCFLL with the inventory of space actions on no less than a semi-annual basis, at each Regional LMR meeting. The inventory shall include the agency, city/state, lease expiration date, considered action, justification, estimated timeframe and status of the renovation/move. Updates of the inventory will be provided upon request. Upon written request, management will provide the Union with the following information:
Section 5 – WorkspaceThe parties recognize the need to efficiently manage space, which in turn is a financial savings. Alternative workspace may be utilized for DOL workspaces. This includes, but is not limited to open space, carrels, hot desking, collaboration rooms and shared workspace. Employees that telework three (3) days or more a week may be required to utilize alternative workspaces subject to local bargaining. Article 12 – Performance Based ActionsSection 1 – General
Section 2 – Initial Procedure
Section 3 – Notice of Proposed ActionAn employee will be given written notice of a proposed reduction in grade or removal based on unacceptable performance at least thirty (30) calendar days in advance of the action. The employee has a right to representation and will be given a reasonable amount of time to respond orally and/or in writing to the proposed action prior to a decision. Section 4 – Notice of Decision
Article 13 – Disciplinary ActionsSection 1 – GeneralThe objective of discipline is to correct and improve employee behavior so as to promote the efficiency of the service. The concept of progressive discipline will guide managers in making decisions regarding discipline.
Nothing in this Article confers a right to representation during a counseling session.
Section 2 – Procedures for SuspensionWhen Management proposes to suspend an employee for fourteen (14) calendar days or less, the following procedures will apply:
Section 3 – Grievance/Arbitration Rights
Section 4 – Evidence
Section 5 – Exception to Disciplinary Action AppealsIf a matter is pending before a court of law or the employee involved is under arrest or indictment, and the matter is otherwise appealable to arbitration under this Agreement, the arbitration will be postponed pending the conclusion of that legal process. Article 14 – Adverse ActionsSection 1 – General
Section 2 – Written NoticeIn all cases of proposed adverse action, the employee will be given written notice, which will state any and all reasons for the proposed action specifically and in detail, at least thirty (30) calendar days in advance of the action, except when there is reasonable cause to believe that an employee is guilty of a crime for which a sentence of imprisonment can be imposed. The employee will be given the opportunity to respond orally and/or in writing to the reasons for the action prior to a decision. The response may include written statements of persons having relevant information. Section 3 – Evidence
Section 4 – Notice of Decision
Section 5 – Records RetentionIf the Deciding Official does not sustain the proposal as at least a disciplinary action, all information related to the proposed adverse action will be expunged from the eOPF, and the proposal notice from the employee's working file. Article 15 – Grievance ProcedureSection 1 – PurposeThe purpose of this Article is to provide a mutually acceptable method for prompt and equitable settlement of grievances. The parties have a mutual interest in resolving grievances at the lowest level in a timely manner. To promote conflict resolution, supervisors, stewards, and employees should deal with the issue(s) and not personalities.
Section 2 – Definition of a Grievance (Coverage and Scope)
C. Matters Subject to Pending EEO Complaint In the event that an employee files a grievance and also files or pursues an informal EEO complaint concerning the same matter, the grievance will be held in abeyance. If the matter is not resolved during the informal EEO process, the employee can resurrect the grievance or pursue a formal EEO complaint. If the employee files a formal EEO complaint, the grievance will be terminated. Should the EEO complaint be dismissed on a technicality or for a non-substantive reason, the Union or the affected employee may resurrect the grievance in connection with any non-EEO issues within thirty (30) calendar days of receipt of the Department’s EEO complaint decision by notifying the appropriate Management Official at the last processed step of the grievance procedure.
If the Department determines that the issue(s) raised in a grievance under this negotiated procedure is subject to a statutory appeals procedure, and is therefore not grievable under this procedure, it shall immediately notify the grievant(s) and/or his/her designated NCFLL Representative. Section 3 – Exclusive ProcedureThis shall be the exclusive procedure available to unit employees for the resolution of grievances as defined in Section 7 of this Article and for the Union as defined in Section 7D of this Article. With respect to adverse actions as defined by 5 CFR 432 and 5 CFR 752, if the Department’s final decision is to effect an adverse action against a bargaining unit employee, the employee may elect either to appeal the decision to the Merit Systems Protection Board (MSPB) or to file a grievance as clarified in Article 15. Under no condition may an employee appeal an adverse action to the MSPB and file a grievance. Section 4 – Representation
Section 5 – Who May Initiate Grievance
Section 6 – Grievance FormThe grievance form is a critical component to the grievance process. It is intended to put the agency on notice of all the issues and the specific allegations of the grievance so that it may resolve the dispute at the lowest possible level.
Section 7 – General ProceduresThe parties to a grievance at either Step 1 or Step 2 may mutually agree to use ADR to assist them in resolving the grievance. Official time and travel expenses for the NCFLL Representative and bargaining unit employees will be in accordance with Article 8.
The time limit requirement of this Section will be satisfied if the grievant does any of the following: (
In the case of an employee electing to grieve an adverse action, within thirty (30) calendar days of the effective date of the decision, the employee shall file a signed grievance form with the Deciding Official. Steps 1 and 2 of the negotiated grievance procedure are automatically waived, and the Union may invoke arbitration. The time frame for the Union to invoke arbitration is the same time frame the employee has to file with the MSPB, namely thirty (30) calendar days. Therefore, it is incumbent upon the affected employee to coordinate with the Union well in advance of the deadline.
This shall constitute the exclusive procedure available to the Union for the resolution of grievances. A grievance initiated by the Union must bear one signature of an official(s) or representative(s) designated by the President or Executive Vice President of the NCFLL. For the purpose of filing this type grievance, it must be submitted within thirty (30) calendar days of when the incident occurred, or the NCFLL has learned or may have reasonably been expected to have learned of its cause.
A grievance by the NCFLL is a request for institutional relief over the interpretation or application of this Agreement or the interpretation or application of Departmental regulations, and the application of Government-wide regulations covering personnel policies and practices and other matters affecting working conditions. In the case of a Union grievance, the parties will waive Steps 1 and 2 of this negotiated procedure; however, the parties will make an informal effort to resolve the grievance at the level of dispute. If within ten (10) calendar days the matter cannot be resolved, it will be transmitted to the Department’s Office of Departmental Labor Relations and Negotiations, (ODLRN) Washington, D.C. The Director, ODLRN will issue a written decision within thirty (30) calendar days. Upon receipt of the reply, the NCFLL, may, within thirty (30) calendar days, invoke arbitration as provided in Article 16 of this Agreement, with the Director, ODLRN. If no timely reply is issued, the NCFLL may, within forty-five (45) calendar days from the date the decision was due, invoke arbitration.
A Union-filed employee grievance seeks personal relief for an individual employee or group of employees. The grievance(s) should be filed in accordance with the procedures and time frames delineated in Section 7, just as if the affected employee(s) had initiated the grievance(s).
If the Department of Labor wishes to file a grievance, the Director, ODLRN, will sign and file a written grievance with the NCFLL President within thirty (30) calendar days of when the Department knew or should have known of the alleged violation. The grievance will detail the nature of the harm, the violation of law, rule, regulation, and/or collective bargaining agreement violated, and the relief requested. If the grievance is not resolved, the NCFLL President shall issue a written decision within fourteen (14) calendar days. Upon receipt of the decision, the Director may, within thirty (30) calendar days, invoke the grievance to arbitration. The Director may also invoke the grievance to arbitration within forty-five (45) calendar days of when the decision of the NCFLL President is due. Section 8 – Failure to Meet Requirements
Section 9 – Modification of Procedures
Section 10 – Statement of GrievabilityManagement agrees to furnish the NCFLL with a final written statement of grievability / arbitrability of a grievance prior to the invocation of arbitration Article 16 – ArbitrationAlternate Dispute ResolutionThe invocation of a grievance to arbitration does not preclude the parties from mutually agreeing to achieve resolution through the use of ADR. Both parties recognize that ADR achieves the Department’s goals and objectives for resolving workplace disputes at the lowest possible level and promotes the mission of the Department. Therefore, prior to a case being heard at arbitration, the parties will identify and schedule those cases which should be resolved through mediation, settlement, or other means of alternate dispute resolution. If a party opts not to use the ADR process then it must notify the other party of this decision in writing. If the parties agree to use ADR prior to having a scheduled arbitration hearing date, all time frames in the Agreement will be suspended until the completion of the ADR process. Once an arbitration hearing has been scheduled it may be delayed for ADR only by mutual agreement. If the matter is not resolved by ADR, the case will be placed on the calendar for hearing. Section 1 – Selection of Arbitrators
Prior to requesting a direct designation, the requesting party must notify the other party seven (7) calendar days in advance. Section 2 – Cost of Arbitrator Fees and Travel ExpensesThe parties agree to share equally the arbitrator's expenses and fees, including reasonable travel expenses. The parties may wish to consult on the “reasonableness” of the arbitrator’s charges. Section 3 – Scheduling, Date and Site of Arbitration Hearing
Section 4 – Official Time and Expenses
Travel expenses for witnesses approved in accordance with Section 5 of this Article will be reimbursed for travel expenses where mutual agreement has been reached by the parties that a witness will travel to the site of the arbitration hearing to provide his/her testimony.
Section 5 – Witnesses
Section 6 – Authority of Arbitrator
Section 7 – Grievability/Arbitrability DecisionsThe Arbitrator shall have the authority to make all determinations regarding grievability and arbitrability. If the Department considers a grievance non-grievable or non-arbitrable, it shall furnish the NCFLL with a final written statement of grievability/arbitrability as soon as possible, but no later than the invocation of arbitration. Either party raising a threshold issue of grievability and/or arbitrability may do so in a separate teleconference and/or video conference with the arbitrator. Section 8 – Time LimitsTime limits in this Article may be extended by mutual written consent of the parties. Section 9 – Stipulations of FactThe parties shall endeavor, wherever possible, to stipulate the facts involved in a case prior to the opening of the arbitration hearing. The parties may, by mutual agreement, stipulate the facts of the arbitration case and argue their respective positions in briefs without a hearing. Section 10 – Hearing Process
Section 11 – Review of Outstanding Arbitration CasesAt the beginning of each fiscal year, but not later than October 30, the NCFLL Arbitration Committee will meet with Departmental management to address outstanding cases. These cases will be scheduled for hearing, scheduled for mediation, settled or withdrawn. Any arbitration invoked thirty (30) calendar days prior to the end of the fiscal year that are not scheduled for hearing are not subject to this provision. Article 17 – Alternative Dispute Resolution (ADR)
Article 18 – Equal Pay for Equal Work – Position ClassificationSection 1 – Equal Pay for Equal WorkManagement and the Union agree to the principle of equal pay for equal work. Section 2 – Position DescriptionManagement will maintain an accurate position description for each position, reflecting the significant duties of the employee filling the position. Article 19 – Equal Employment Opportunity (
|
Total |
Percentage of |
Monthly Not To Exceed |
< $40,580 |
75% |
$700 |
$40,581 - $49,999 |
60% |
$600 |
$50,000 - $59,999 |
50% |
$575 |
$60,000 - $69,999 |
40% |
$550 |
$70,000 - $79,999 |
35% |
$450 |
- Any annual subsidy received in excess of $5,000 ($2,500 in the case of a separate return by a married individual) must be included as part of gross income for tax purposes, in accordance with 26 USC 129.
- Employees already participating in the program need not reapply. However, their records will be reviewed annually in January for subsidy adjustment based upon the foregoing formula. Applications received and approved will be effective the beginning of the month in which approved.
- The parties will make every effort to ensure overall employee awareness of the provisions of the Department of Labor Program for Use of Appropriated Funds for Child Care Costs for Lower Income Employees. Mechanisms to be used to support this effort, although not all inclusive will include the NCFLL Courier, LaborNet, Labor Exchange, and Spotlight publications.
- The DOL will collaborate with the NCFLL in the development of any required report to Congress that is due pursuant to the legislation. The Department, in the administration of this program, will collect information and share such information with the NCFLL. The information will be in regard to matters such as employee participation in connection with their duty station, total family income, amount of subsidy, eligibility/ineligibility of applicants, and number and age of children coming under the program.
- The Department may reduce or suspend the child care subsidy for all bargaining unit employees when it deems funding to be insufficient. Each year when DOL has a final budget the dollars will be examined to ascertain if sufficient funds for child care subsidy exists. The NCFLL will be provided the opportunity to consult with respect to the possibility of an adverse determination. The Department will subsequently notify the NCFLL of any determination that childcare subsidies must be discontinued for all or any part of the fiscal year. Any such determination(s) by management that child care subsidies are no longer viable within its budgetary limitations may be contested by the Union by invoking arbitration with the Department's Labor-Management Relations Center within 30 calendar days of notification to the Union.
(Change the alphabetically references to D through H. Could not highlight in green to show change).
Section 5 – Nursing Mothers
During the time a mother nurses her child the Department will provide a reasonable amount of time to express milk. The Department will provide appropriate time and space. The place provided for this purpose cannot be a bathroom and/or laboratory and it must be shielded from view and free from intrusion by coworkers and the public.
Article 31 – Mass Transit Subsidy and Pre-Tax Parking Benefit
Section 1 – Mass Transit Benefit
- Within budgetary limitations, all bargaining unit users of eligible mass transit or eligible commuter highway vehicles (CHVs) shall receive 100% of their actual monthly commuting costs, not to exceed the statutory maximum (currently $125), as authorized by law or regulation, which may be in the form of an electronic transit benefit.
- An employee’s monthly subsidy cannot exceed the employee’s actual cost of commuting by eligible mass transit or CHV.
- Employee participants must certify monthly or annually that they use eligible mass transit or eligible CHV as their regular and recurring means of commuting. Whenever an employee with an annual transit pass ceases to use eligible mass transit or eligible CHV as their regular and recurring means of commuting, the employee must promptly return the transit pass to the designated OASAM official.
- “Mass Transit Check” or equivalent is not transferable and must be used exclusively by the employee for the cost of commuting by mass transit or eligible CHV.
- The Department may reduce or suspend the transit subsidy for all bargaining unit employees when it deems funding to be insufficient. The NCFLL will be provided the opportunity to consult with respect to the possibility of an adverse determination. The Department will subsequently notify the NCFLL of any determination that transit subsidies must be discontinued for all or any part of the fiscal year. Any such determination(s) by management that transit subsidies are no longer viable within its budgetary limitations may be contested by the Union by invoking arbitration with the Department’s Labor-Management Relations office within thirty (30) calendar days of notification to the Union.
- The parties’ National or Regional Labor-Management Relations Committees will jointly oversee/monitor the program to deal with systemic problems or issues as they arise.
Section 2 – Pre-Tax Parking Benefit
The Department agrees to develop and implement a pre-tax parking benefit program consistent with IRS regulations and guidelines. The program will be implemented within six months of the date of this Agreement. Prior to implementation, the Department will provide notice to the NCFLL and the opportunity to bargain impact and implementation of the program.
- This program allows employees to allot pre-tax money to pay for eligible parking expenses (also known as qualified parking) as defined by the Internal Revenue Service.
- All employees are eligible to participate on a voluntary basis provided that they meet the eligibility requirements for the Program.
- Employees may voluntarily participate in both the Mass Transit Subsidy Program and this Program provided that the employee independently meets the eligibility requirements for each program, including the requirement that transit subsidy participants use mass transit as their regular and recurring means of commuting.
- Each month the amount of the compensation deduction cannot exceed the applicable statutory limit for qualified parking. For 2012, the IRS limits the amount of money an employee can deduct on a pre-tax basis to pay for eligible parking expenses to $240 per month. If the IRS changes the maximum amount of money that may be excluded from taxable income to pay for eligible expenses, the Department will make changes to align with the revised limits.
Article 32 – Employee Assistance Program
Section 1 – General
Management and the NCFLL support the objective of assisting employees with personal problems that may or may not affect their job performance. This assistance includes finding treatment for employees, following up during their recovery, and helping them return to full productivity.
Given this common objective, Management and the NCFLL agree to work together to promote the DOL Employee Assistance Program (EAP), which is designed to assist employees and their families affected by problems including alcoholism, drug abuse, emotional illness, and other personal problems that may affect job performance.
Section 2 – NCFLL-Management Cooperation
The NCFLL agrees to cooperate fully with Management in an attempt to rehabilitate affected employees who accept assistance made available under the provisions of the Program.
Section 3 – Use of Leave Under the Program
Employees shall be allowed up to one hour (or more as necessitated by travel time) of excused absence for each counseling session during the assessment/referral phase of rehabilitation, not to exceed six sessions. Administrative leave may be granted for this purpose subject to supervisory approval. Absences during duty hours for rehabilitation or treatment must be charged to the appropriate leave category in accordance with leave regulations.
Section 4 – Employee Rights and Responsibilities
- Employees may voluntarily seek counseling, referral, and information from the EAP on a confidential basis.
- The confidentiality of medical/counseling records of all employees will be preserved in accordance with the Privacy Act and other applicable law and regulations.
Section 5 – Management Rights and Responsibilities
- The NCFLL and management recognize that the Program is designed to deal forthrightly with a range of problems at an early stage when the situation is more likely to be correctable. If an employee requests assistance under the Program and participates in the Program, the responsible supervisory official must weigh this fact in determining appropriate disciplinary and adverse action, should such action become necessary.
- Managers and supervisors may refer employees to the EAP.
- If employees attend EAP sessions during duty hours, supervisors may request information as to where and when the employee is going.
Section 6 – Program Training – Union Participation
A designated NCFLL Representative from the Regional Office city for each Region will be invited to attend Regional seminars, workshops, conferences, or training sessions designed to acquaint supervisors, managers, and employees with the Program and its operation.
Section 7 – Promoting the Program
- At least once a year, management will make employees aware of the Employee Assistance Program and the services it provides.
- Newly hired employees will receive appropriate EAP materials at their DOL orientation.
- Within sixty (60) calendar days of the change in any EAP contractor, or any change in the nature of services provided, all affected employees will be notified in writing.
Article 33 – Employee Wellness
Section 1 – General Statement
The Department and the NCFLL agree that the well-being of Department of Labor employees is a mutual interest of fundamental importance.
Accordingly, they are mutually committed to maintaining a healthy, quality working environment for those employees and to promoting and fostering programs which will enhance their well-being.
The Department, within budgetary limitations, operates a health services program and wellness/physical fitness programs. To the extent of its authority and resources, the Department is committed to providing a quality work environment for its employees. In addition to Department sponsored programs, DOL Agencies are encouraged to initiate their own wellness/fitness programs. The Department and the NCFLL recognize that some of the activities envisioned in this Article may involve voluntary employee financial contributions, in part or whole.
While the Department and the NCFLL are committed to these activities as positive contributions to employees’ well-being, job performance, and productivity, they agree that employee wellness is ultimately the individual responsibility of each employee.
Section 2 – Health Services Program
- The Department has established, within budgetary limitations, a Health Services Program according to guidelines and procedures specified in DLMS 4, Chapter 800. Various health services may be provided to the Department’s employees through the Program including periodic medical screening for early detection of potential health problems such as diabetes, visual defects, glaucoma, hearing defects, etc.; immunizations; periodic medical examinations for employees whose work is a source of health risk; and biennial health maintenance examinations.
- Biennial employee health maintenance examinations will be offered to employees age 40 and over, within budgetary limitations. Priority will be given to those employees applying for the first time. After this, priority will be given to employees on a first come, first serve basis. Employee participation will be voluntary. Results of the examination will be furnished only to the employee and/or to a private physician designated by the employee in writing.
- The RA-OASAM will advise employees within the Region periodically of the availability of such periodic medical screening and health maintenance examinations so that those eligible employees who are interested may apply. Fourteen (14) calendar days will be allowed for employees to respond to notices for health maintenance exams.
Section 3 – Wellness/Fitness Programs
- The Department and the NCFLL are mutually committed to the concept of wellness and fitness programs as a valuable means of enhancing the well-being, and thereby, the performance and productivity of the Department’s employees. In addition to the more traditional medical services provided by the Department, wellness programs can provide counseling and assistance to employees on health issues such as life style, weight loss, nutrition, avoidance of harmful substances, positive mental health, etc. Fitness programs are developed as one component of the Department’s overall commitment to employee wellness.
- The NCFLL will work cooperatively with the Department in developing wellness/fitness programs for the Department’s field employees. The Department will share with the NCFLL at least annually reports on the current status of its wellness/fitness programs including funding levels and possible changes to individual employee reimbursement. The NCFLL will participate with the Department in identifying employee wellness/fitness needs and developing the programs which will address those needs. The Department will notify the NCFLL prior to implementing any field programs according to their normal notification procedure.
- The Department is committed to equitable support of wellness/fitness programs for participating field employees. The Department and the NCFLL agree that the costs for wellness/fitness programs will normally be shared by participating employees with the Department. Because of the decentralized distribution of employees throughout the field, various physical fitness/wellness program models will be developed to meet employee needs. These models may include the following:
- Coordinate with other local Federal agencies to establish a joint program.
- Establish and maintain a DOL fitness facility.
- Subsidize/reimburse a portion of commercial health club/fitness center cost to participating employees upon demonstrating proof of membership (health club/fitness center membership reimbursements are considered taxable income).
- Negotiate a corporate rate or contracts for employees with a commercial health club/fitness center. To the extent possible, these programs will be tailored to the unique conditions within each duty station or commuting area.
- Employees are encouraged to take advantage of fitness/wellness programs. New employees should be informed about the availability of fitness/wellness programs during orientation.
Section 4 – Quality Work Environment
- The general environmental quality of the Department’s workplaces is an important mutual interest of the Department and the NCFLL. Accordingly, the parties are committed to policies and practices which will enhance that general quality.
- General ventilation and quality of the air in Departmental workspaces will, to the extent of the Department’s authority, be maintained at levels conducive to good health and employee well-being. To the extent practicable, the Department commits to maintaining sanitary conditions in ventilation systems servicing Departmental workspaces and to the availability of adequate fresh air for those workspaces. Unless previously provided for in accordance with the OSHA rule on Indoor Air Quality, smoking is prohibited in Department of Labor space as well as hallways and lobbies adjacent to DOL-occupied space. Smoking is prohibited in any office space, including private offices.
- Recognizing its risk to their health and well-being, the Department and the NCFLL mutually support and encourage all efforts by employees to quit smoking. In this regard, the Department will sponsor and provide appropriate time and bear the cost of employee participation in DOL smoking cessation classes, clinics, or other such activities. Recognizing it is the individual choice of each employee as to whether they will smoke, participation in a smoking cessation program will be voluntary.
- Employees who desire to leave their work areas to go to outside smoking areas may break up their morning and afternoon rest breaks into short smoking breaks.
Article 34 – Safety and Health
Section 1 – General Statement
The Department will, to the extent of its authority, provide and maintain safe and healthful working conditions for all employees. Management will designate a collateral duty safety and health representative for each duty station responsible for reporting any unhealthful, hazardous, or unsafe conditions to the Regional Safety and Health Manager. Pursuant to 29 CFR 1960.25(a) personnel responsible for conducting inspections under the Department's Safety and Health Program shall have both the requisite equipment and expertise in the recognition and abatement of hazards. The Department of Labor's Occupational Safety and Health Program will comply with the requirements of all applicable law, rules, and regulations. The Department is committed to operate the Department of Labor Safety and Health Program in accordance with 29 CFR 1960.
Section 2 – Correcting Conditions
The Department agrees that its Occupational Safety and Health Program will provide prompt abatement of unsafe or unhealthful working conditions. Procedures for abatement of unsafe or unhealthful working conditions as required by 29 CFR 1960 are described in DLMS 4, Chapter 800. Where the unsafe conditions are immediately dangerous to life and limb and the repairs necessary to correct the unsafe conditions are of such an extensive nature that immediate repairs cannot be made to render the area safe, the employees shall not be exposed to the hazard and alternate accommodations shall be found until the area is made safe.
Instances of unsafe and unhealthful conditions, corrective actions, recommendations, and abatement will be communicated to the Regional Safety and Health Oversight Board.
Section 3 – Employee Rights/Responsibilities
- The detection of unsafe and unhealthful working conditions at the earliest possible time and the prompt correction of related hazards at the lowest possible working level are essential elements of the Department’s Safety and Health Program. Any employee in the bargaining unit who is assigned duties which he/she reasonably believes could possibly endanger his/her health or well-being shall notify the supervisor of the situation and file a report of unsafe or unhealthful working conditions. If the supervisor cannot solve the problem, and after an investigation agrees with the employee, the supervisor shall delay the assignment and refer the matter through the proper channels for appropriate action. Specific procedures are described in DLMS 4, Chapter 800, dated November 7, 2007.
- The Department shall assure that no employee is subject to restraint, interference, coercion, discrimination, or reprisal for filing a report of unsafe or unhealthful working conditions or other participation in Agency Occupational Safety and Health Program activities. An employee who believes he/she has been subject to acts of reprisal for participation in the Department's Safety and Health Program activities has the right to seek redress through established grievance procedures.
- An employee has the right to decline to perform his or her assigned task because of the reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious bodily harm, coupled with a reasonable belief that there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures.
- Employees or Union Representatives are entitled to official time to participate in the Department's Safety and Health Program.
- Employees or Union Representatives have the right to advise Management concerning safety and health problems.
- Employees or Union Representatives have the right to be involved in inspection activity. Employees and Union Representatives should be interviewed during Regional Safety and Health Program evaluations.
- Employees are expected to follow safety and health directives and practices, including the wearing and use of protective equipment.
Section 4 – Life Saving Equipment
- The Department recognizes the value in making available and providing required support and training in the use of Automated External Defibrillators (AEDs). On a cost effective basis, the Department will continue to expand the availability of AEDs at all Department of Labor facilities to the extent feasible. The parties agree to the particular need for feasibility studies for small DOL field offices. The NCFLL will be afforded an opportunity for input into the design of such studies.
- The Department will continue to provide the NCFLL with a recurring formal report on the extent to which AEDs are currently available for all field locations. The results of any DOL feasibility studies on expanding AED availability will be provide to the NCFLL.
Section 5 – Personal Protective Equipment and Clothing
The Department will provide appropriate personal protective equipment and clothing (such as fire retardant clothing) to protect employees from safety and health hazards. The Department of Labor shall comply with 29 CFR 1960; DLMS 4, Chapter 800; and 29 CFR 1910.132. Management will consider Union input on equipment selection and purchase. These discussions could occur at Safety and Health Committee meetings, LMR meetings, and at the local office level. Decisions on weather-related equipment will be made by Management based on local conditions. Insulated coveralls will be provided where needed based on a case-by-case situation.
Section 6 – Vehicle Safety Procedures
Department of Labor employees operating or riding in Government owned, rented, or privately owned vehicles on official business are to use safety belts and follow government regulations involving hand held electronic equipment at all times while the vehicle is in operation. The Department shall develop and implement a Motor Vehicle Safety Program. The Program shall be written and include the requirements to provide vehicle safety awareness information and training sessions to all employees who operate motor vehicles in the course of their employment.
Section 7 – Safety and Health Inspections
- The Department of Labor Safety and Health Program includes the following types of workplace inspection activities:
- Day-To-Day Inspections,
- Annual Inspections,
- Unannounced Inspections, and
- Pre-Occupancy Inspections.
These inspections are described in DLMS 4, Chapter 800.
- Pursuant to 29 CFR 1960, the NCFLL is entitled to designate representatives to be afforded an opportunity to take part in safety and health inspections. On a regional basis, the NCFLL will advise the Department who will serve as their officials to designate these union inspection representatives. Normally, these representatives will be within the local commuting area. The Department will allow official time and travel expenses when the designated union representative is from the local commuting area. Where there is no trained union representative in the commuting area, the Department will cover official time and travel expenses for the nearest trained union representative. If the Union designates a representative from outside the commuting area when one exists within, the Department will have no obligation to cover the representative’s travel expenses.
- The Department and the NCFLL will work together to ensure that designated NCFLL safety and health inspection representatives are provided appropriate training in order to perform their duties as specified in 29 CFR 1960 and Section 10 (Training) of this Article. This training will normally be web-based or conducted through other technology-based methods. A reasonable amount of official time will be granted in order to complete the necessary training. The Department will provide a report of the above training to the NCFLL on an annual basis.
- The Department will submit to the respective NCFLL Officials (described in B above) its annual safety and health inspection plans at the beginning of each fiscal year. These plans will specify the planned dates that each DOL office will be inspected. They will also specify if the office will be inspected by a safety and health professional from OASAM and, if not, what alternative method will be used. Changes to these plans will be communicated to the affected NCFLL officials in a timely manner.
- For each respective region, the NCFLL will provide the appropriate OASAM Regional Administrator with a list of the names and telephone numbers of NCFLL safety and health representatives by location who are to be contacted and afforded an opportunity to take part in planned, unannounced and unplanned safety and health inspections of the listed DOL offices. For planned inspections, management will provide the NCFLL representative 14 calendar days advanced notice of the anticipated date and time that the inspection will begin. For unplanned inspections, management will notify the NCFLL as soon as practicable. If for some reason this designated NCFLL representative is not available, the affected NCFLL designating officials will be contacted and afforded an opportunity to designate an alternate NCFLL representative.
Section 8 – Exposure to Hazardous Materials
It is the policy of the Department of Labor to protect employees from exposure to hazardous materials through the use of personal protective equipment and the Department's Hazard Communication Program (DLMS 4, Chapter 800).
Employees who are accidentally exposed to carcinogenic or similar hazardous material will be offered an opportunity to take a physical examination provided by the Department. Any recommended subsequent periodic examinations will be voluntary. Instances of hazardous exposure will be communicated to the Regional Safety and Health Oversight Board. The Department will provide a means by which employees may document any exposure to chemical hazards contacted on the job by utilizing Office of Workers' Compensation CA Forms.
Section 9 – Ergonomic Hazards
- The Department will provide employees information about ergonomic hazards and how to prevent ergonomic related injuries. This information will be provided as part of the Department’s Ergonomics Safety Program. The Department agrees to the maximum extent possible to provide equipment (chairs, tables, workstations, etc.) that meets nationally recognized ergonomic design criteria. Before equipment is purchased, to the extent possible the vendor should provide training on safe and proper operation of the equipment.
- The policy of the Department is to provide safe and healthful workplaces for all DOL employees. In keeping with the policy, the Department acknowledges that there are certain ergonomic and environmental factors that can contribute to the health and comfort of computer users. These factors involve the proper design of workstations and the education of managers, supervisors, and employees regarding the ergonomic, job design, and organizational solutions to computer problems as recommended in various studies published by the National Institute for Occupational Safety and Health (NIOSH).
The Department will achieve this policy by:
- Acquiring computers and accessory equipment that, to the maximum practical extent, provide comfort to the user and keyboards, worktables, and chairs that are height adjustable and provide proper back support.
- Providing for the laying out of workspaces that are properly illuminated to reduce glare and ensure visual comfort to computer users while providing adequate lighting for traditional clerical tasks.
- Seeking and acquiring information and technical assistance, as needed, from appropriate resources on methods for most effectively designing computer workstation layouts.
- Educating employees about the proper and safe operation of computers, including the value of interspersing prolonged periods of computer use with other work tasks requiring less intensive visual concentration.
Section 10 – Training
The Department agrees that its occupational safety and health program will provide safety and health training. The parties recognize that training of collateral duty safety and health personnel, committee members, employees and employee representatives shall be conducted in accordance with 29 CFR Sections 1960.58 and 1960.59. As prescribed in those sections, such training shall include:
- Agency safety and health programs in accordance with DLMS 4-800
- Section 19 of the OSH Act
- Executive Order 12196
- 29 CFR 1960
- Agency procedures for reporting evaluation and abatement of hazards
- Agency procedures for reporting and investigating allegations of reprisal
- Recognition of hazardous conditions and environment
- Identification and use of occupational safety and health standards
- Other appropriate rules and regulations
This section does not preclude management from determining any other safety and health training as necessary. Regional Safety and Health Committees may recommend additional safety and health training based on regional training needs. The NCFLL recognizes management's right to determine who will conduct the training, how it will be conducted and when.
Section 11 – Safety and Health Committees
- The Department and the NCFLL mutually agree to continue to support certified safety and health committees as specified in 29 CFR 1960.37. In addition to the Departmental Safety and Health Committee, the parties agree there will be safety and health committees with coverage for all DOL field locations.
- The NCFLL shall retain representation on the Departmental Safety and Health Committee. Unless otherwise mutually agreed to by management and the NCFLL, participation in Committee meetings will be via telephone, video conference or other technology-based methods. The parties recognize that the NCFLL has determined to only attend one meeting of the Departmental Safety and Health Committee and restrict official time and travel for such attendance to a single trip for each of its two representatives. The parties further recognize that the NCFLL prefers that there be only a single annual meeting of the Departmental Safety and Health Committee as permitted by 29 CFR 1960.37(e).
- The Department and the NCFLL will establish and maintain up to six Regional Safety and Health Committees. The Committees will be comprised of three management members and three union members. The Committees should meet at least quarterly, but may hold additional meetings when necessary. Meetings will generally be conducted via telephone, video conference, web-based technology or other similar methods. The Committees may conduct two of these meetings face-to-face. With an effort to minimize travel cost, the parties will endeavor to schedule any face-to-face meetings in conjunction with Regional Labor Management Relations meetings or other scheduled meetings. Official time will be authorized for NCFLL Committee members to participate in Regional Safety and Health Committee meetings.
- A Regional Safety and Health Oversight Board will oversee and facilitate communication among the Regional Safety and Health Committees. The Oversight Board will be comprised of five members, two each from the NCFLL and management and one member approved by management and the union. The Oversight Board will ensure that the Regional Committees are supporting the Department’s Safety and Health Program at the Regional level. Oversight Board meetings may be held quarterly or more often as needed by telephone, video conference, web-based technology or similar methods. Official time will be authorized for NCFLL Board members to participate in Regional Safety and Health Board meetings.
- The Department and the NCFLL will ensure that NCFLL committee members are provided with appropriate training to enable them to perform their duties as specified by 29 CFR 1960. This training will normally be web-based or conducted through other technology-based methods. A reasonable amount of official time will be granted in order to complete the necessary training.
- The parties may by mutual agreement establish or continue ad hoc safety and health committees for specific purposes, such as training, site committees established by the parties for the Office of Workers Compensation Programs field offices, or accident review boards at the regional/local level. The parties agree that the current committees regarding safety training and the New York Pilot Safety and Health Committee will continue as ad hoc committees. The continuation or further establishment of such committees will only be by mutual agreement.
- The Department will share the office inspection data and reports with the NCFLL and the Regional Safety and Health Committees containing any complaints, deficiencies, and/or corrective actions.
Article 35 – Harassing Conduct and Workplace Violence
Section 1 – General Statement
The goal of this Article is to support a work environment in which violent or potentially violent situations are effectively addressed with a focus on prevention by increasing employee understanding of the nature of workplace violence, how to respond to it, and how to prevent it.
The Department will promote a safe working environment for employees and will work with employees to maintain a working environment free from violence, harassment, intimidation, bullying, and other disruptive behavior. Violence or threats of violence, in all forms, are unacceptable. Intimidating or harassing behavior includes threats or other conduct which in any way creates a hostile environment, impairs agency operations or frightens, alarms or inhibits others.
The Department of Labor Workplace Violence Program will comply with all applicable laws, rules and regulations. Information about the Program, including program definitions, rights and responsibilities can be found on Labor Net.
Section 2 – Reporting Workplace Violence Incidents
- Any employee who believes that he or she has been the subject of an incident of workplace violence should report the incident to someone in their supervisory chain or the OASAM Regional Administrator.
- The Department will establish and maintain a central reporting procedure for incidents to ensure appropriate follow up and tracking.
- The NCFLL Executive Committee will be provided notification of the initial incident.
- No employee shall be subject to retaliation as a result of reporting incidents under this Article or for cooperating in an investigation.
Section 3 – Correcting Conditions
The Department agrees to promptly take corrective action or otherwise address harassing conduct and workplace violence issues.
A Department of Labor employee who, while in the act of conducting the business of the Department, is exposed to any form of threats or violence will remove himself/herself from the establishment and contact his/her supervisor. If the employee is confronted with battery or feels that the situation may digress into physical violence, the employee should contact the appropriate law enforcement agency that can best respond to the incident (i.e., local law enforcement or Federal Protective Service). The Department will report incidents of workplace violence as required by law.
If an employee is the victim of a crime, he/she will not be held accountable for any property and /or equipment that is stolen or damaged, including the Department’s laptop computers, provided that the employee has taken reasonable precautions to secure government-issued equipment.
Section 4 – Training
The Department will ensure that employees, including supervisors and managers, are informed of policies and procedures on identifying, preventing, reporting, and addressing harassing conduct and workplace violence. Within one year of the date of this agreement and annually thereafter, the Department will provide training that covers a variety of topics that may include:
Prevention strategies, responding to threatening situations, reporting procedures, risk factors, early recognition of problematic behavior, cultural differences, emergency procedures, employee assistance programs, and work-related injuries.
Section 5 – Program Review and Analysis
The Department will:
- Establish a uniform reporting system for incidents of harassing conduct and workplace violence.
- Measure the frequency and severity of workplace violence in order to determine if prevention programs are having an effect.
- Analyze trends in violence-related injuries.
- Share workplace violence program information with the NCFLL Executive Committee annually in conjunction with a National Labor Management Relations Committee meeting.
Section 1 – General
Annual leave is a right of the employee and not a privilege. Consistent with the needs of the Department, annual leave which is requested in advance will be approved. It will be the joint responsibility of both the employee and supervisor to schedule annual leave. Management will act on all requests for annual leave in a timely manner, and the approval or denial of such leave will be made as soon as possible. Approvals of leave requests in a timely manner benefit both employees and management. Leave requests that require an expedited response should be given priority attention by the supervisor. In the event an employee’s leave is denied, the supervisor will give an explanation to the employee for such denial. If any employee has a projected use or lose annual leave balance after Labor Day, the employee and the supervisor will discuss the use of leave to prevent the unintended loss of annual leave at the end of the year.
Section 2 – Consecutive Vacation Time
For vacation purposes, supervisors will schedule workloads and annual leave in a manner which permits each employee, if he/she wishes, to take at least two consecutive weeks in each year.
Section 3 – Resolving Conflict
In the event of a conflict of annual leave scheduling among employees at a given duty station, length of Agency service will govern, in the absence of personal hardship.
Section 4 – Leave Usage Increments
Annual leave may be used in increments of 15 minutes (1/4 hours).
Section 5 – Restored Leave
Generally, restored annual leave will be scheduled and used not later than the end of the leave year ending two years after the date of leave restoration, consistent with 5 CFR 630.
Section 6 – Advanced Annual Leave
Approval to use annual leave that an employee has not yet earned is at the discretion of the supervisor. The amount of annual leave that may be advanced during a leave year is limited to the lesser of 64 hours or the amount of annual leave an employee would accrue in the remainder of the leave year. Requests for advanced annual leave for a period in excess of 64 hours, not to exceed the amount of annual leave an employee would accrue in the remainder of the leave year, may be approved when an employee is confronted with an emergency or other exceptional circumstance. However, if an employee separates from DOL prior to the end of the leave year, he/she will be required to pay back the value of any advanced leave for which he/she is indebted as of the date of separation
Article 37 – Administrative Leave
Section 1 – Definition
- Administrative leave is an authorized absence from duty without loss of pay or charge against leave which supervisors may grant. It may be granted for purposes related to but not part of an employee’s regular duties, or for civic duties or activities which are deemed to be in the interest or to further a function of the Department. Administrative leave can only be granted for activities which can be paid for by DOL appropriations and which cannot be accomplished outside regular business hours. The administration of leave under this article follows the guidance provided by 5 CFR 630, DPR 610 (dated January 1, 2006), and DPR 630 (dated January 30, 2008).
- Regular hours are hours in pay status that are paid at the employee’s base rate of pay. Pay status hours include hours worked and hours of paid absence, that is, annual leave, sick leave, compensatory time off, credit hours used, administrative leave, and official holidays not worked.
Section 2 – Registration and Voting
- As a general rule, where the polls are not open at least three (3) hours before or three (3) hours after an employee’s regular hours of work, the employee may be granted an amount of administrative leave to vote in a civil election which will permit the employee to report for work up to three (3) hours after the polls open or leave work up to three (3) hours before the polls close, whichever requires the lesser amount of time off.
- Under exceptional circumstances where the general rule does not permit sufficient time, an employee may be excused for such additional time as may be needed to enable the employee to vote, depending upon the particular circumstances in the individual case, but not to exceed a full day.
- If an employee’s voting place is beyond normal commuting distance and vote by absentee ballot is not permitted, the employee may be granted sufficient time off in order to be able to make the trip to vote. Where more than one (1) day is required to make the trip to the voting place, the Department shall observe a liberal policy in granting the necessary leave for this purpose. Time off in excess of one (1) day shall be charged to annual leave or earned credit hours or compensatory time or if annual leave is exhausted, then to LWOP.
- For employees who vote in jurisdictions which require registration in person, time off to register may be granted on substantially the same basis as for voting, except that no such time shall be granted if registration can be accomplished on a non-workday and the place of registration is within reasonable one-day round-trip travel distance of the employee’s place of residence.
Section 3 – Inclement Weather or Emergency Conditions
- Management may apply administrative leave to tardiness which is clearly attributable to extraordinary weather, public transportation, or traffic tie-up conditions. In considering requests for excused absences, Management shall consider factors such as the distance between the employee’s residence and place of work, the modes of transportation available to an employee, and the efforts made by employees traveling under similar circumstances in getting to work on time.
- Charges to Leave. A charge to leave as discussed below includes charges to annual or sick leave, if appropriate, to earned compensatory time, to earned credit hours, or to leave without pay. A charge to leave depends upon the employee’s duty status at the time an emergency situation occurs.
- Emergencies that develop during working hours. When dismissal is announced because of emergency conditions that develop during working hours. The following outlines charges to leave that may occur:
- If the employee was on duty and was dismissed, the employee is not charged leave for the remaining hours of the work shift following dismissal.
- If the employee was on duty and departed on annual leave after receiving official word of dismissal but before the time set for dismissal, the employee is charged leave from the employee’s departure time until the official dismissal time.
- If the employee was scheduled to report for duty after taking an official period of leave and dismissal is effected before the employee reports to work, the employee is charged leave until the time set for dismissal.
- If the employee was absent on approved leave for the balance of or for the entire work shift before official word of dismissal was received, the entire absence is charged to leave as originally planned and approved.
- Emergency situations that develop during non-working hours. When emergency situations develop during nonworking hours, thereby making it difficult or virtually impossible for employees to get to work on time, the Department will open as usual or close by administrative order according to established procedures. The following outlines charges to leave that may occur.
- Excused tardiness. Supervisors may excuse tardiness without charge to leave when it can be determined that the employee made every reasonable effort to get to work on time.
- Unscheduled leave policy. Employees may use annual leave to their credit without having to request advance approval or to provide justification for absence in circumstances for which an unscheduled leave policy is announced. Normal requirements for an employee to notify his or her DOL Agency within prescribed time limits are suspended.
- DOL offices closed by administrative order. Workdays on which DOL offices are closed are non-workdays for leave purposes. Employees scheduled to work on those days will be excused without charge to leave or loss of pay. Employees on previously authorized leave will not be charged leave for those days.
- Emergencies that develop during working hours. When dismissal is announced because of emergency conditions that develop during working hours. The following outlines charges to leave that may occur:
- In reviewing an employee’s request for excused absence instead of charge to leave on the basis that the employee made every reasonable effort to get to work on time or at all, the supervisor will consider the following:
- Distance between the employee’s residence and place of work,
- Modes of transportation available,
- Efforts made by the employee to get to work,
- Success of other employees traveling under similar circumstances, and
- Law enforcement announcements.
- Each agency office will contain a section in their local contingency plan that provides notification to employees of actions to be implemented during inclement weather conditions.
- To enhance educating employees on the processes leading to dismissal for inclement weather, the Department will provide the following:
- Periodic Spotlights informing employees of the processes for inclement weather dismissal,
- Discussion at LMR Meetings on the subject,
- Annual all employee E-mail outlining these processes, and
- Dismissal procedures will be posted on LaborNet/RegionNet.
Section 4 – Vehicle Breakdown While on Official Business
When a vehicle used on official Government business breaks down or is otherwise inoperative, administrative leave will be granted in connection with emergency repairs to the vehicle if the breakdown occurs while the employee is in official travel status. In such situations, the employee will, as soon as practicable (within an hour if possible), provide the supervisor with an estimate of the situation and obtain appropriate instructions. Administrative leave will be granted upon presentation by the employee to the supervisor of a reasonably acceptable explanation and/or documentation relating to the emergency.
Section 5 – Blood Donation
An employee donating blood at an officially authorized blood bank, or in emergencies to individuals may be granted sufficient administrative leave to donate blood up to four (4) hours on the same day on which the donation is made and not more than once in a calendar month.
Section 6 – Participation in Military Funerals
- An employee who is a veteran of a war or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave up to four (4) hours, to enable the employee to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces.
- An employee will be granted up to eight (8) hours of administrative leave to attend the funeral of an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the armed forces but not in a combat zone. (See 5 CFR 630.803 for definitions of “immediate relative” and “combat zone” and DPR 630, Subchapter 804(a).)
- An employee will be granted administrative leave not to exceed three (3) workdays to attend the funeral of an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the armed forces in a combat zone. (See 5 CFR 630)
Article 38 – Court Leave
An employee will be authorized absence from work status without charge to leave or loss of pay for jury duty, or for attending judicial proceedings in a non-official capacity as a witness in which the Federal Government or a State or local Government is a party.
Article 39 – Family Leave
In recognition of the need for a flexible and compassionate leave policy to assist employees to blend their work life and their family responsibilities, and to promote a harmonious relationship among their needs, Management will consider all reasonable and timely requests from employees that meet the criteria established for leave as provided for in this section. Further, because we recognize that balancing home and workplace needs is important to the well-being of employees and therefore the productivity of the Department, Management and the NCFLL support DOL programs designed to assist employees in meeting their family care needs. The intent of this section is to encourage the development of innovative and cost-effective approaches to providing additional assistance in meeting employee family care needs. The Department, to the extent permitted by Government rules and regulations and budget, will support these programs.
This section is to be read in tandem with the Family and Medical Leave Act (FMLA) and the Federal Employee Family Friendly Leave Act (FEFFLA).
Section 1 – Maternity, Paternity, and Child-Rearing Leave
- Sick leave may be used for those periods of absence related to incapacitation due to pregnancy and confinement. Annual leave or LWOP may be used when sick leave is not sufficient to cover this period. Absences which are not medically certified as due to incapacitation for the performance of duty may not be charged to sick leave; such absences must be charged to annual leave, earned credit hours or compensatory time, or leave without pay in an order chosen by the employee.
- After delivery and recuperation, the employee may desire a period of adjustment or need time to make arrangements for the care of the child. Such additional leave requirements may be taken care of by the use of available approved annual leave or leave without pay.
Section 2 – Family Leave
- An employee may be absent on annual leave, sick leave, or leave without pay for purposes of aiding, assisting, or caring for family members.
- An employee requesting extended annual leave or leave without pay shall provide Management a reasonable advance notice which is commensurate with the extended period of absence. All leave will be granted subject to mission requirements of the Agency.
- In the case of extended periods of absence, Management will attempt to return the employee to the same job and location. Employees on extended approved absences may be recalled subject to the needs of the Agency mission.
- In an emergency situation, Management will grant the leave requested commensurate with the emergency.
Section 3 – Adoptive Leave
Annual leave, earned credit hours and compensatory time, leave without pay, or sick leave, in accordance with Office of Personnel Management (OPM) regulations, can be used by an employee for those absences associated with their adoption of children.
Section 4 – Definition of Family Member for FEFFLA
For the purposes of FEFFLA, family member means the following relatives of the employee:
- Spouse, and parents thereof;
- Sons and daughters, and spouses thereof;
- Parents, and spouses thereof;
- Brothers and sisters, and spouses thereof;
- Grandparents and grandchildren, and spouses thereof;
- Domestic partner and parents thereof, including domestic partners of an individual in B through E of this definition; and
- Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
Section 5 – Definition of Family Member for FMLA
For the purposes of FMLA, family members are defined in 29 CFR 825.122 and include:
- Spouse;
- Yourself;
- Parents;
- Son or daughter (including step children, adopted children, foster children, and legal wards);
- Children in loco parentis of the employee;
- Certain adult children with physical and/or mental disability or incapable of self- care; and
- Next of kin, son, daughter or parent of certain covered service members and/or active duty members.
Article 40 – Sick Leave
Section 1 – General
Employees will earn sick leave in accordance with applicable statutes and regulations.
Section 2 – Approval
- Earned sick leave will be granted when an employee:
- requests advance approval for medical, dental, or optical examination or treatment;
- is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy, or childbirth;
- it is required to give care and attendance to a member of his/her immediate family afflicted with a contagious disease, or would jeopardize the health of others because of exposure to a contagious disease. A contagious disease is a disease ruled to be subject to a quarantine, requiring isolation of the patient, or requiring restriction of movement by the patient for a specified period of time as prescribed by the local health authorities having jurisdiction.
- provides care for a family member who is incapacitated by a medical or mental health condition or attends to a family member receiving medical, dental, or optical examination or treatment;
- provides care for a family member with a serious health condition;
- makes arrangements necessitated by the death of a family member or attends the funeral of a family member; or
- must be absent from duty for purposes relating to adoption of a child, including appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow the adoption to proceed.
Section 3 – Use of Sick Leave
- When an employee in the unit is unable to report for duty because of illness or injury, notification must be given to the appropriate supervisor as soon as possible, normally no later than 10:00 am. If the immediate supervisor is not available when the employee calls in to request sick leave, the employee will leave a message and a phone number where he or she may be reached, if necessary. It is the responsibility of the employee to keep the supervisor advised if their sick leave will extend beyond their original request.
- Sick leave may be used in increments of fifteen (15) minutes (.25 hours).
- A period of absence on sick leave in excess of three (3) consecutive calendar days must ordinarily be supported by a medical certificate indicating the employee was under a health care provider’s care. However, if the circumstances surrounding the employee’s absence indicate that the services of a health care provider were not available or required, the employee’s written statement may be accepted in lieu of a medical certificate.
- Upon request and the presentation of a medical certificate, sick leave should normally be advanced to permanent employees in the bargaining unit, not to exceed thirty (30) calendar days, for cases of serious illness or injury and when the employee’s absence extends beyond three (3) consecutive days. However, no advance sick leave will be made to employees for whom future accrual of sick leave is doubtful.
Section 4 – Charge to Annual Leave
An approved absence which would otherwise be chargeable to sick leave may be charged to annual leave if requested by the employee and approved by Management.
Article 41 – Department of Labor Regional Leave Bank Program
Section 1 – Purpose
To establish procedures and requirements for a single Voluntary Leave Bank Program (VLBP) for all regions under which the unused accrued annual leave of an employee may be contributed to a leave bank member who needs such leave because of a medical emergency.
Section 2 – Administration
The VLBP will be administered in accordance with 5 U.S.C. 63, 5 CFR 630 (2006) and DPR 630 (October 1, 2005). The Department and the NCFLL agree to develop and maintain a VLBP. The Regional Leave Bank Program will be administered by a Leave Bank Board. The Leave Bank Board will be comprised of one management-designated official, one NCFLL-designated official, and one employee mutually agreed to by both management and the NCFLL. The Board shall not discriminate in violation of any Federal law, including but not limited to Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Pregnancy Discrimination Act.
Section 3 – Procedures
- The Leave Bank Board will have at least one open season per year that will last at least thirty calendar days. The Board may initiate “emergency” open seasons if it determines that available leave is not sufficient to meet the needs of members. Employees will be advised annually of the open season.
- Employees who join the Leave Bank will have their membership automatically rolled over each year and the minimum leave donation will be automatically deducted. Employees will be given notice of the opportunity to opt out prior to the end of the year.
- Employee contributions to become a leave bank member for a leave year are based upon the employee’s current leave category.
- When applying to receive leave, employees must submit required documentation as stipulated by 5 CFR 630.
- The Board shall act on leave bank applications within fourteen (14) calendar days of their receipt of the completed form.
- A recipient may receive no more than 160 hours of leave from the Leave Bank per Bank year. The Board may establish a time limit in which leave must be used. Thirty (30) calendar days after the end of each open season period, a limit per recipient will be established that is equal to one percent of leave in the Bank as of that date. In any Bank year, approved recipients may be granted total Bank leave up to the lesser of 160 hours or the limit so established.
- Recipients who need more leave than the established limit may apply for and receive additional leave via the Leave Transfer program.
- Before using any leave from the Leave Bank, an employee is required to exhaust any leave received from the Leave Transfer Program.
- The employee is responsible for advising the supervisor of the intent to apply for the Leave Bank, completing an application, and advising the Board or Department upon termination of the need for donated leave.
- The employee’s supervisor is responsible for monitoring use of donated leave, ensuring that it is used in an appropriate manner, denying use of donated leave for other than an acceptable use, and advising the Board or Department of any concerns.
- The Board, subject to approval of the Director of Human Resources, may change the established cap on the number of hours recipients may receive from the Leave Bank per Bank year.
Section 4 – Publicity
The Department, in coordination with the NCFLL, will develop and maintain a VLBP handbook; advise employees of the program to promote membership, and notify members periodically of the Leave Bank status and activities, rules, etc.
Additional guidance is available in the VLBP handbook which can be accessed through LaborNet.
Article 42 – Volunteer Services to Non-Profit Organizations
Department of Labor employees have a history of generously giving of their time and talents to make positive contributions to their local communities. The NCFLL and the Department of Labor agree that providing volunteer service to a community not only helps the people of that community but also enhances the mission of helping working families. Normally, volunteer service is performed outside of work hours. When volunteer service occurs during work hours, employees should normally make use of flexible work schedules, annual leave or credit time. In limited situations, when the volunteer service advances or supports the mission of the Department, employees may request a limited amount of administrative leave. Requests may only be granted in accordance with OPM regulation and guidance and the provisions of this Article.
- General: Supervisors may approve administrative leave for non-profit volunteer purposes related to but not part of an employee’s regular duties, or for civic duties or activities which are deemed to be in the interest of, or to further a function of the Department. This use of administrative leave may be granted for an employee who agrees to use an equal amount of leave/credit time or comp time, in the same pay period, to perform these volunteer duties.
- Required Criteria: The volunteer activity must meet one or more of the following four (4) criteria:
- The absence will clearly enhance the professional development or skills of the employee in his/her current position.
- The absence is brief and is determined to be in the interest of the Department.
- The absence is officially sponsored or sanctioned by the Department.
- The absence is directly related to the Department’s mission. Examples of mission-related community service may include, but are not limited to, volunteer projects organized to support the Combined Federal Campaign, Feds Feed Families or other community service initiatives sponsored or supported by the Department of Labor; Veterans outreach programs; and employment-readiness programs. Each DOL Agency may establish policy or guidance in determining what activities are mission-related.
- Volunteer activities performed while on administrative leave: Volunteer activities performed while on administrative leave shall not create or give the appearance of a conflict of interest and shall not be in any way political in nature. Conflict of interest laws and related regulations governing outside employment for compensation also apply to Federal employees who engage in volunteer activities. Hatch Act restrictions apply to employees who are on duty, as well as to those on paid or unpaid leave.
- Request/Approval Procedures: Requests for administrative leave must be made in advance and in writing. The request must include the name of the organization sponsoring the volunteer activity, the location, the date(s), detailed information describing the volunteer activity, and which of the required criteria contained in Subsection B (above) apply to the activity in question. The supervisor should respond promptly, normally within one (1) workweek after receipt of the written request. Approval of requests is solely at the discretion of management, and the provisions of this Article are not subject to grievance procedures. The use of administration leave under this Article shall be consistent with 5 CFR 630, DPR 610 and DPR 630.
- Emergency Circumstances: If circumstances preclude an advance written request for administrative leave, an employee may request annual leave, credit time, leave without pay, or compensatory time in accordance with established procedures. In order to be considered subsequently for administrative leave, the employee must submit the required written request promptly after the conclusion of the volunteer activity.
- Amount of Leave: The amount of administrative leave approved must be reasonable, brief and consistent with the Agency’s approved delegations of authority.
- No Adverse Consequences: Employees shall not suffer any adverse consequences to their performance ratings or other working conditions (e.g. workload, promotions, performance awards, etc.) as a result of their approved use of administrative leave for volunteer purposes.
Article 43 – Performance Management System
Section 1 – Coverage
This Article concerns the impact and implementation of the Government-wide regulations on the Performance Management System (PMS), and the DOL regulation DPR 430 dated 10/15/08. These regulations, as appropriate, apply to employees in the NCFLL bargaining unit except as provided herein.
The Government-wide regulations and the Department’s implementing regulation are applicable to employees in the bargaining unit, except where non-mandatory provisions of the regulations are in conflict with this Article. In such cases, the parties agree that Article 43 is controlling.
Section 2 – Procedures for Developing Elements and Performance Standards
- Consistent with Management’s right to assign work, the performance elements should be consistent with the duties and responsibilities contained in an employee’s position description.
- In establishing standards, due consideration will be given to employee input.
- Employees are entitled to an explanation of the rationale for their elements and standards.
- Due consideration will be given the employee as to the resources available and the authority delegated necessary to meet the identified standards and elements.
Section 3 – Performance Standards
A performance standard will, to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective criteria related to the job in question for each employee or position under the System.
After receiving proposed elements and standards from the supervisor, the employee will have the opportunity to meet and discuss these standards with the supervisor, and to provide his or her written comments. When a performance standard has more than one criterion, employees will be advised as to the relative importance of the criteria contained within the standard.
A performance standard may be in the form of meeting less than all the criteria under a performance standard or of meeting all the criteria under a performance standard.
Upon request, supervisors will inform employees orally on what is expected in order to exceed a standard. Employees will be provided ongoing feedback from their supervisors on their work performance.
Section 4 – Annual Rating of Record
- Within thirty (30) calendar days after the end of the rating period, each employee shall receive an annual rating of record.
- Each Agency will ensure regular performance feedback is provided to each employee during the appraisal period. As part of this feedback, a progress review must be held at least once during the appraisal period, but no later than One Hundred Twenty (120) calendar days before the end of the rating period. This review will include areas of critical competencies requiring improvement and feedback on sustaining positive performance. At a minimum, during this progress review, employees will be informed orally of their performance relative to the elements and standards in their performance plans. The employee’s progress review discussion will reflect the necessary information needed to assess progress toward attaining a career ladder promotion as reflected in Article 20, Section 10. The rating official and the employee will certify on the performance appraisal form that the progress review was held. The Department is committed to recognizing desired performance, and to providing opportunities to correct poor performance.
- The rating official must confer with the reviewing official and secure the approval of the reviewing official of the tentative rating for the employee before discussing the tentative rating with the employee. The supervisor will discuss the rating of record with the employee to avoid misunderstandings and possible inaccuracies. The rating official will confer with the employee to review accomplishments, problems, and general performance during the appraisal period and will discuss the tentative conclusions regarding the rating with the employee. The employee’s performance rating discussion will reflect the necessary information needed to assess progress toward attaining a career ladder promotion as reflected in Article 20, Section 10. The discussion will be face-to-face to the extent practicable but may be by telephone.
- The employee will have an opportunity to present his/her assessment of work accomplishments, as well as time to respond in writing to the rating official on the rating. Employees have up to fourteen (14) calendar days in which to review, sign, or prepare comments to the rater or reviewing official, as appropriate, on their ratings. Any written comments will be forwarded to the reviewing official(s) along with the tentative rating. After the rating has been reviewed and approved, it will be discussed with the employee by the rating official if any changes have been made in the tentative rating. Such written response is to be considered by the rater or reviewing official, as appropriate, and attached to the performance appraisal and will be maintained in the employee performance file.
Section 5 – Improving Unsatisfactory Performance
- Any employee not meeting the performance standards of one or more critical elements will be promptly notified.
- Informal efforts by the supervisor will include guidance to the employee regarding specific actions which should be taken to improve performance.
Section 6 – Performance Improvement Plan
- When informal efforts made by the supervisor do not result in improved performance when an employee is failing a standard, a Performance Improvement Plan will be developed with the participation of the employee. The Plan will be discussed between the immediate supervisor and the employee and put into writing. This Plan will be geared toward efforts which must be initiated by both employee and immediate supervisor and which are designed to result in overall job performance at the effective level or above.
At a minimum, this Plan will include the following:
- An explanation of the elements and the related performance standards in which the employee’s performance fails to meet the standard;
- Specific goals in terms of time and results expected for levels of progress against each performance standard where performance improvement is needed; also, advice about what the employee must do to bring his or her performance up to the meet level, as well as periodic counseling and reassessment by the supervisor during this period; and
- Training, if appropriate.
- No performance-based action (5 CFR 432) will be proposed unless the employee is given at least a 90-day period of time in which to correct any deficiencies noted and a detailed explanation of the work to be accomplished in the 90-day period to correct performance deficiencies. To this end, the Performance Improvement Plan will be utilized.
Section 7 – Special Circumstances
Performance appraisals must take into account: authorized absences, including Union representation, during the course of working hours, and factors outside the employee’s control.
Section 8 – Initiation of a New Appraisal Period
- After receiving the tentative elements and standards from the supervisor, the employee will have a period not to exceed ten working days within which to examine and consider this material and to meet with the supervisor to discuss these elements and standards. During this period, the employee, upon request, will be granted a reasonable amount of official time to consult with the Union Steward concerning the elements and performance standards.
- At a bargaining unit employee’s request, when assigned a new supervisor, the new supervisor will discuss the bargaining unit employee’s performance plan.
Section 9 – Removal of “Fail” and “Need to Improve” Performance Information in Personnel Files
If, because of performance improvement by the employee during the notice period, the employee is not reduced in grade or removed, and the employee’s performance continues to be acceptable (“Meet”) for one year from the date of the advance notice, then any entry or other notation with regard to the “Fail” or “Need to Improve” performance for which the action was proposed shall be removed from any Agency record relating to the employee.
Section 10 – Information Sharing
Management agrees to share Agency prototype elements and standards developed at the regional or national level for similar or common positions within the bargaining unit with the NCFLL in a timely manner.
The NCFLL will have a minimum of 30 calendar days to submit comments on standards before their implementation.
“Prototype elements and/or standards” are performance elements and standards that apply to several positions with similar duties, responsibilities, and job requirements. Usually they are developed centrally for all positions in a particular mission-critical occupation and grade.
Section 11 – Grievability and Arbitrability of Job Elements and Performance Standards
Performance Standards may only be grieved when they are applied in a rating of record.
Article 44 – Performance Awards
Section 1 – General
- The current rating of record will be used as a basis for decisions to grant performance-based awards under the Department’s Performance Management System (See DPR 430). In addition to performance bonuses based on a rating of record, managers and supervisors are encouraged to utilize all award categories to reward deserving employee performance in a timely manner throughout the rating cycle. Examples of award categories are special act or service award, instant good job award, time off award, honorary award, and non-monetary award. To this end, the parties have agreed that managers can utilize the instant good job award to make awards of up to $300 net.
- Absent budget constraints, Management will fully utilize the awards budget to reward deserving employee performance. The NCFLL will be notified if an awards budget is not fully utilized.
- When Management uses bargaining unit employees’ special skills (such as a second language) that are not already included in his/her official duties, Management should give consideration to rewarding these employees using all available award categories.
Section 2 – Effect of Summary Ratings
- An employee who receives a rating of record of Exemplary must receive a performance award and/or a Quality Step Increase.
- An employee who receives a rating of record of Highly Effective should normally receive a performance award.
- An employee who receives a rating of record of Effective should be considered for and may receive a performance award.
- If an employee has been promoted within the appraisal year, the appropriate manager or supervisor may take this into account in determining the amount of the employee’s performance award, and/or whether to grant a Quality Step Increase for an “Exemplary” rating for that year.
- Within each performance award unit, awards granted to employees in the same grade with a particular rating should normally be more in terms of dollars (including any Quality Step Increase) than awards received by employees in the same grade with a lower rating.
- If an employee does not have a rating of record when performance awards are granted, the employee may be granted an award when he/she is assigned a rating of record.
- Management will consider retroactive awards for employees whose ratings change after the distribution of payouts.
- It is Management’s intention normally to pay out performance awards by the end of the calendar year.
- Suggested Amounts of Performance Awards: The following amounts are suggested for consideration in determining performance awards:
Rating |
Suggested Percent of Employees’ Rate of Basic Pay |
Exemplary |
Up to 10% |
Highly Effective |
Up to 7% |
Effective |
Up to 4% |
- The title of the official with the responsibility for managing the performance awards budget must appear on the cover of each Performance Plan. Employees will be informed of this official at the beginning of the annual appraisal period.
Article 45 – Acceptable Level of Competence for Within-Grade Increase
Section 1 – General
Pursuant to 5 U.S.C. 5335 and 5 CFR 531, an employee is entitled to receive a within-grade increase (WIGI) subject to completion of the appropriate waiting period and a determination that the employee’s work is of an acceptable level of competence (Effective). Such determination must be made upon completion of the waiting period and in accordance with applicable law and regulation.
Section 2 – Definition of Acceptable Level of Competence
For within-grade purposes, acceptable level of competence means where performance is at or above the Effective level in the performance standards for all elements.
Section 3 – Procedures
- The basis for a determination of acceptable level of competence is an employee’s current rating of record.
- No within-grade increase will be authorized unless there has been an official determination that the employee’s performance is at the Effective level or better. Failure to inform an employee of a negative official determination is not a basis for changing that negative official determination.
- Whenever the supervisor determines that the employee’s work is not “acceptable,” the supervisor shall follow the provisions of Article 43.
- No employee shall receive a negative determination without first being provided with an opportunity to improve as provided for in Article 43.
- If an employee is failing a standard and a Performance Improvement Plan is not initiated at least 90 days prior to the end of the waiting period, the Performance Improvement Plan will extend for the necessary time to provide the full ninety (90) calendar days. At the end of the ninety (90) calendar days, if the summary performance rating is at least “Effective,” the within-grade increase will be granted retroactive to the original due date.
- After a final determination results in the denial of an employee’s within-grade increase, a supervisor may subsequently determine that the employee has improved his/her performance and has demonstrated a sustained level of performance meeting the requirements of an acceptable level of competence. When this occurs, the supervisor may prepare a new rating of record reflecting the employee’s progress to the Effective level and grant the within-grade increase in accordance with 5 CFR 531.411.
Section 4 – Negative Determination
- When a determination is made that an employee’s work is not of an acceptable level of competence (negative determination), the employee will be notified in writing as soon as possible after completion of the waiting period:
- The basis for this negative determination;
- The employee’s right to file a written request for reconsideration within fifteen (15) calendar days from receipt of the official determination;
- The name and address of the Management Official who will reconsider the official determination and with whom the request for reconsideration should be filed (who shall have taken no part, formally or informally in the original determination);
- The right of the employee to have representation according to terms of the DOL-NCFLL Agreement;
- The right of the employee to contest, in writing, the basis for the negative determination; and
- The right of the employee and his/her representative to have a reasonable amount of time to submit the request
- Grievance
- When a request for reconsideration is received, the human resources office shall establish an employee reconsideration file which shall contain all pertinent documents relating to the negative determination, including copies of the written determination and the basis thereof, the employee’s written request for reconsideration, the report of investigation if an investigation was made, the decision of the reconsideration official, and any other documents the employee may have submitted regarding the determination.
- The reconsideration file shall not contain any document that has not been made available to the employee and/or his/her representative with an opportunity to submit a written exception, including any exception the employee may have had to the written summary of his/her personal presentation. Upon request, a copy of the reconsideration file will be given to the employee.
- The time limit for submitting a request for reconsideration shall be extended when: (1) the employee was not notified of the time limit in accordance with Section 4A (2) and was not otherwise aware of it, or (2) the employee was prevented by circumstances beyond his/her control from requesting reconsideration within the time limit.
- The Management Official shall reconsider the official determination of the supervisor, taking into consideration any written response from the employee and/or his/her representative.
- The Management Official, after reconsideration, will issue a decision in writing on the negative determination, within thirty (30) calendar days after receipt of the request for reconsideration.
- If the decision does not sustain the initial negative determination and the WIGI is to be granted, it will be granted retroactive to the original due date.
- If the decision sustains the initial negative determination, the decision letter shall notify the employee of his/her right to grieve the decision within thirty (30) calendar days of receipt of the letter.
- If no timely decision is issued, an employee may file a grievance within thirty (30) calendar days from the date that the decision was due.
- A copy of the decision of the Management Official will be sent promptly to the Human Resources Office.
Article 46 – Honor Awards Committee
Management agrees to recognize a representative designated by the NCFLL on the Secretary of Labor’s Honor Awards Committee and that this member should meet with the Committee whenever it meets to consider award recommendations which involve bargaining unit employees. This Committee, as defined in appropriate issuances, is responsible to the Secretary for review of award recommendations and for evaluating the operation of the Employee Recognition Program.
Article 47 – Reduction in Force or Transfer of Function
Section 1 – General
- The Department will adhere to all applicable Government wide rules and regulations as well as DPR 351 (Oct. 1, 2007) and DPR 330 (Oct. 1, 2007) and the provisions of this Article in the administration of reduction in force (RIF) or transfer of function.
- This Article governs: (1) transfer of function, and (2) the separation, demotion, reassignment requiring displacement of another employee, or furlough for more than 30 calendar days of bargaining unit employee(s) by reduction in force from their respective levels.
- The parties agree that RIFs will be handled in accordance with 5 CFR Part 351. The determination of competitive areas will be made in accordance with 5 CFR 351.402. This Article concerns the impact and implementation of the Government-wide regulations on RIF, which may occur during the life of the Agreement, with respect to employees in the NCFLL bargaining unit.
- Administrative assignment rights for excepted employees will, with respect to positions in the Excepted Service, be administered in accordance with 5 CFR 351.705(a)(3).
Section 2 – Notification
- Preliminary Notification to NCFLL of RIF or Transfer of Function
- When it is anticipated that transfer of function or RIF affecting bargaining unit employee(s) will be necessary, the NCFLL will be given preliminary notification in writing. This notification will be at least one hundred twenty (120) calendar days in advance of the anticipated implementation date, unless circumstances dictate otherwise, and will include the following information:
- The reason for the RIF or transfer of function,
- The approximate number of employees who may be affected initially,
- The competitive areas and levels that may be involved initially in a reduction in force, and
- The anticipated effective date that action will be taken.
- At the time the NCFLL receives its preliminary notification of an anticipated RIF, the Department will provide the NCFLL with a list of all employees covered by the notice whose current annual ratings of record are overdue.
- When it is anticipated that transfer of function or RIF affecting bargaining unit employee(s) will be necessary, the NCFLL will be given preliminary notification in writing. This notification will be at least one hundred twenty (120) calendar days in advance of the anticipated implementation date, unless circumstances dictate otherwise, and will include the following information:
- Notice to Employees
- Affected employees shall be given a written notice no later than sixty (60) calendar days prior to the date of the implementation of a reduction in force or transfer of function, unless circumstances dictate otherwise. When a reduction in force is caused by circumstances not reasonably foreseeable, the Office of Personnel Management (OPM), at the request of the Department, may authorize a notice period of less than sixty (60) calendar days but at least thirty (30) full calendar days before the effective date of release.
- When a general reduction-in-force notice is used, it will be supplemented by a specific notice. The Department will not release an employee from his or her competitive level until at least fifteen (15) calendar days after the employee’s receipt of the specific notice.
- The notice period begins the day after the employee receives the notice.
Section 3 – Retention Registers
- The NCFLL Executive Council will be provided a copy of the annotated retention register(s), to be used to issue the specific notices, at least two (2) calendar days before the issuance of the initial specific Notices. The NCFLL Executive Council will keep all Retention Registers secure and confidential in accordance with 5 CFR 293, Personnel Records and DPR 351. Amended or revised retention registers will be provided to the NCFLL as soon as possible.
- The retention register will include: the employee’s tenure group, competitive level, and original service computation credit date; the ratings of record used to compute credit for performance; the amount of credit for performance; and the adjusted service computation date.
- Employees’ performance ratings of record due before the issuance due date of specific RIF notices will be submitted to the servicing Human Resources Office in sufficient time for retention standing to be determined. The due date would ordinarily be no more than fifteen (15) calendar days prior to the issuance date of specific notices.
- When employees affected by RIF are in the same competitive level with the same length of service, as augmented by performance credit, and the same subgroup, ties will be broken in the following order: (a) total DOL service; then, if necessary, (b) by length of service in the DOL Agency; and then, (c) by time the current grade level.
Section 4 – Department of Labor Employee Placement Assistance
- It is the policy of the Department to assist employees who are adversely affected as the result of government-wide or DOL management initiatives, with career transition services and, to the extent practicable, consideration and selection priority for position(s) within the Department for which they qualify. Priority is given only to affected employees and is intended to maximize their opportunities to find other employment. To the extent feasible, the Department will retrain eligible employees for other occupations. Within budget constraints, the Department will provide the following programs and services for all DOL employees who will or might become “surplus” or “displaced” because of management initiatives, such as delayering, reorganization, competitive sourcing, transfer of function, or other workforce restructuring. Placement assistance for either RIF of Transfer of Function will be governed by 5 CFR 330, Subpart F, and DOL DPR 330.
- Within budget constraints, the Department will provide the following programs and services for all DOL employees who will or might become “displaced” because of management initiatives, such as delayering, reorganization, competitive sourcing, transfer of function or other workforce restructuring:
- Career transition services,
- Priority Consideration,
- Special selection priority for eligible employees as defined in 5 CFR Part 330, Subpart F (Agency Career Transition Assistance Plans),
- Reemployment priority for eligible employees who receive a notice of separation or certificate of expected separation under 5 CFR 351, and
- Special Selection Priority for positions in Agencies outside of DOL when the employee is separated or proposed to be separated and meets the eligibility requirements under 5 CFR, Subpart G, Interagency Career Transition Assistance Plan for Displaced Employees.
- Career Transition Services within DOL
- Eligible employees may be allowed excused absence for reasonable periods of time to use services and facilities subject to supervisory approval and dependent on the needs of the workload and the office in accordance with DPR 630.
- The Department offers career transition services for DOL employees. These services assist employees in determining the context of the employee’s work and career objectives and help him/her set realistic career goals.
- Employees with disabilities may request reasonable accommodation to access career transition services from headquarters or field offices as well as remote sites in accordance with DLMS-4, Chapter 306, Reasonable Accommodations for Employees and Applicants with Disabilities and as set forth in DPR 330.
Section 5 – Re-promotion List
- Career, career-conditional, and excepted employees not serving under time-limited appointment, will be entered on the re-promotion List and given consideration for re-promotion when a vacancy occurs which will be filled by merit staffing competitive procedures or an excepted vacancy occurs that will be advertised internally. The employee must be qualified for the vacancy and it must be in the competitive area where the demotion occurred and at the employee’s former or an intervening grade.
- Eligibility for referral begins on the effective date of the downgrade or when the employee’s entitlement under the Displaced Employee Program ceases. It extends for a period not to exceed two years, or until the employee has reached his/her former or retained grade, whichever occurs first, unless the employee declines a reasonable offer of a position.
Section 6 – RIF Contract Coverage
During the term of the Contract, all RIFs will be conducted in accordance with this Contract and government-wide regulations. Nothing will waive the right of the NCFLL to negotiate on the impact or implementation of any individual RIF with respect to matters not specifically covered by this Contract.
Article 48 – Interstation Transfer
Section 1 – General
- Interstation transfer may be used by the Department but will not be used or threatened as a form of discipline or reprisal.
- An employee whose interstation transfer is directed for reasons related to his/her performance may request review of the action through the grievance procedure.
- Reimbursement for travel and transportation expenses incurred in an interstation transfer which is in the interest of the Government shall be provided in accordance with applicable laws and regulations.
Section 2 – Procedures
- Filling of a Vacancy by Interstation Transfer
- Any bargaining unit employee who wants to be transferred to another duty station may file a request for transfer with the Regional Human Resource Office(s) that services the duty station(s) to which the employee wants to be transferred. Such a request must include:
- The employee’s current Region, Agency, duty station, grade, and position; and
- The Agency, duty station(s), and position(s) for which the employee would like to be considered.
- Requests for transfer will be kept on file by the Regional Human Resource Office from receipt until the end of the current fiscal year.
- In the event that Management elects to fill a vacancy by transfer, Management will first give consideration to the employees who have filed a request for transfer, with the Human Resource Office that services the vacant position, in accordance with Subsection 1. above.
- Any bargaining unit employee who wants to be transferred to another duty station may file a request for transfer with the Regional Human Resource Office(s) that services the duty station(s) to which the employee wants to be transferred. Such a request must include:
- Selection for Transfer
Management will consider volunteers from among employees for the position to be filled and for which the volunteer is qualified and meets any special requirements.
Section 3 – Return to Previously Abolished Position
- Management agrees that where an employee has been transferred due to abolishment of his/her position, or the employee is transferred from an overstaffed office, and the position is reestablished within one year, or Management decides to re-staff the office from which the employee was transferred, the employee(s) will be notified in writing and will be returned to that position if the employee applies for the position within thirty (30) calendar days of such notification. In instances where no PCS monies have been expended, the return right will be a three-year period.
- If there are two or more applicants for the reestablished position, the employee with the greater length of service in the Department shall have preference.
Section 4 – Interstation Transfer for Employee Convenience/Hardship
Management will consider the request of an employee who, for personal convenience, asks to be transferred at his/her own expense to fill a vacant position within his/her Agency for which he/she is qualified and meets any special requirements.
In keeping with the Department’s commitment to a Family Friendly Workplace, special consideration should be given to an employee who demonstrates a personal hardship.
Section 5 – Notice to NCFLL
The designated NCFLL Representative as prescribed in Article 3 will be notified of all proposed intra-region transfers of bargaining unit employees at least two weeks in advance. For inter-region transfers, designated representatives in both the gaining and losing Regions will be notified. At each National LMR Meeting, the Department will provide the NCFLL a list, by OASAM Region, containing the number of inter-station transfer requests received and the number granted.
Article 49 – Contracting Out
Section 1 – General
- The Department acknowledges its responsibility to adhere to law and applicable Government-wide regulation regarding the use of experts, consultants, and contractors’ employees.
- Upon request, the Department shall provide a copy of a specific contract to the NCFLL within thirty (30) calendar days, with proprietary or Privacy Act information redacted.
- It is the policy of the Department that a bargaining unit employee will be supervised by supervisory personnel of the Department and not by personnel of a contractor.
- The Department will provide the NCFLL copies of FAIR Act inventories for commercial and inherently governmental functions. At the request of the Union, Management will meet to explain the rationale for the FAIR Act classification decisions.
Section 2 – A-76 Competitive Sourcing/Commercial Activity Process
The parties have a mutual interest in ensuring constructive employee involvement in implementing the Commercial Activities (A-76) studies initiated by the Department. Therefore:
- The Department shall notify the Union within seven (7) calendar days of its decision to use an A-76 competition to determine if government personnel should continue to perform work or contract out work that is currently performed by bargaining unit employees. The notice shall identify the affected units and the functions, positions and grade levels of bargaining unit employees affected. The Union shall be notified of all relevant data and information as they become available, including schedules, milestone charts, invitations for bid or requests for proposals, and performance work statements (PWS)/statements of work (SOW).
- The Union may appoint a bargaining unit employee on each PWS and Most Efficient Organization (MEO) Team, consistent with the revised OMB Circular A-76 guidelines. An employee may serve on the PWS Team or the MEO Team, but not both. Members of the PWS and MEO Teams will be provided relevant training. Employees selected to serve on the PWS and MEO Teams will be allowed a reasonable amount of official time and travel in connection with Team activities. It is anticipated that training and meetings may be conducted via teleconference.
- The organizational entity holding an A-76 competition shall hold regular meetings to discuss the status of the competition with all affected employees, including bargaining unit employees. The NCFLL will be given notice prior to any meetings between bargaining unit employees and management with regard to A-76 discussions. Every effort will be made to provide notification as early as possible.
- As information is releasable, management will notify the Union of its decision to contract out work that is currently performed by bargaining unit employees. Such notice will include information regarding any feasibility or cost studies that have been performed, authorized staffing levels, number of positions and vacancies.
- Upon receipt of notification of Management’s decision to contract out work that is currently performed by bargaining unit employees, the Union may request bargaining in accordance with Article 4.
- Upon request and as allowable by law and regulation, the Department will provide the union information on A-76 related activities. This includes a copy of the PWS, contract solicitation, and documents referenced in the revised OMB Circular A-76, including Appendix B, Sections C and D.
- Upon request of a specific performance decision favoring the agency, the Department will provide the NCFLL a copy of the MEO letter of obligation no later than 15 days prior to the implementation of the agency MEO.
Section 3 – Personnel Considerations for Displaced Employees
- Displaced employees are those identified for release from their competitive level by an Agency, in accordance with 5 CFR Part 351 and Chapter 35 of Title 5, United States Code, as a direct result of a decision to convert to contract (contracting out) the Agency’s Most Efficient Organization (MEO), or interagency service agreement.
- Displaced employees will receive career transition services, to include career counseling and training as described in DPR 330, Recruitment, Selection, and Placement. Provisions contained in Article 47 (Reduction in Force) also cover displaced employees.
- Federal employees displaced by a decision to convert to contract or public reimbursable source performance have the Right-of-Refusal for jobs for which they are qualified that are created by the award of conversion.
- A standard clause should be included in A-76 cost comparison solicitations notifying potential contractors of this requirement (see Federal Acquisition Regulations [FAR] 52.207-3). The Right-of-First-Refusal is afforded to all Federal employees displaced by the decision to convert to contract performance.
- Human Resource Officers should work with the contracting officer and employees to implement these provisions.
- Agencies should exert maximum efforts to find available positions for Federal employees displaced by conversion decisions, including:
- Giving priority consideration for available positions within the Agency;
- Establishing a Reemployment Priority List and an effective placement program;
- Paying reasonable costs for training and relocation that contribute directly to placement; and
- Registration in the Career Transition Assistance Program (CTAP) and the Interagency Career Transition Assistance Program (ICTAP).
Article 50 – Technology
Technology is dramatically impacting work processes throughout business and Government nationwide. While innovations in technology are occurring so rapidly it is impossible to anticipate them, the Department and the NCFLL embrace the opportunities created to improve work processes and employee skills. The parties recognize that to take advantage of the opportunities technology presents, new ways must be found to work together to ensure that employees understand new technologies and that they are provided the necessary equipment, training, and systems to carry out their duties and responsibilities. To that end, the parties are committed to exploring ways to share information about new technology, while respecting each other’s statutory rights.
Section 1 – Information Technology Committee
- The NCFLL and the Department recognize that it is mutually beneficial for employees to understand management plans for introducing new technology and to have a forum for the NCFLL to discuss issues related to technology. To that end the parties establish a joint Information Technology Committee where broad Department-wide or cross-Agency technology Issues can be discussed.
- The Information Technology Committee will meet up to four times a year with at least two of the meetings held face-to-face. The Committee will be made up of at least three Union members and three Management members, but there will be no more than five Union and Management members in attendance.
Section 2 – Hardware and Software Utilization
Where available, the Department will provide online access to electronic documentation, such as manuals and procedures for the equipment, hardware, and software that employees are required to utilize. A point-of-contact phone number and e-mail address will be provided to employees by their respective Agencies to answer questions and trouble shoot computer problems.
Section 3 – Training on New Technology
- The Department commits to ensuring that all employees are equipped to perform the duties and responsibilities of their positions. Employees interested in increasing their information and technology skills are encouraged to pursue additional advanced training.
- As the Department introduces new technology, appropriate training (e.g. on-line instruction, desk-aids, “help lines,” mentors, and/or classroom sessions) will be made available to employees affected by the introduction of new procedures and technology. Additional training will be provided for employees who demonstrate difficulty. If individual employees cannot adjust to the changes caused by the introduction of new technology or if the introduction results in the abolishment of some positions and the establishment of others, the Department of Labor, consistent with applicable regulations, will make every effort to utilize the skills and abilities of those employees adversely affected by the changes.
Section 4 – Pilot Programs
- An Agency and the NCFLL may, by mutual agreement, establish a joint Information Technology (IT) Task Group comprised of three Union and three Management Representatives. The IT Task Group will provide a forum for Management to share anticipated technology changes and the Union to share and discuss concerns and interests of bargaining unit employees related to these changes. Each IT Task Group will meet as mutually agreed to by the parties. While face-to-face meetings may be appropriate in some instances, it is expected that the Task Group will maximize use of telephonic and other electronic communication to minimize travel costs.
- Any IT Task Group established under this Section will remain in operation for a minimum of one year unless the parties mutually decide to dissolve it sooner. At the end of the one year period, the Task Group may be renewed on an annual basis by mutual agreement.
- By agreeing to participate in a pilot IT Task Group, the NCFLL agrees that it will address its impact and implementation concerns in that forum and will not request formal bargaining.
Section 5 – Identity Theft
The Department is committed to adhering to government wide standards for security of its computer systems and confidential data. The Department and the NCFLL recognize that in some instances, bargaining unit employees may be required to provide confidential information, including their Social Security Number, to conduct the government’s business using DOL electronic systems.
In the event that an employee’s confidential information is compromised as a direct result of conducting official business while using a DOL computer system, the Department will seek to minimize any adverse impact on the affected bargaining unit employee. As such, an employee whose identity has been stolen from a DOL system may be granted a reasonable amount of time, as well as use of DOL equipment and facilities, for the purpose of remedying issues directly related to the identity theft.
Article 51 – Information Sharing – Periodic Reports
The Department shall provide the NCFLL the following information, on a periodic basis, in connection with positions in the bargaining unit. This information will normally be provided electronically and in the timeframes outlined in this Article.
- Management will furnish annually to the NCFLL, during the month of February, for its internal use only, an electronic spreadsheet by OASAM Region, capable of being sorted by names, position titles, grades, bargaining unit status, dues check-off status, Agency duty station, and local affiliation of all employees in the bargaining unit. (Article 1, Section 7)
- Management will furnish monthly notification, on a regional basis, a list of all new hires into positions within the bargaining unit identifying the Agency and location.
- Management will furnish monthly to the NCFLL, for its internal use only, an electronic copy by Region of the names, position titles, grades, and duty stations of all employees in the bargaining unit appointed, transferred, promoted and separated during the preceding month.
- Regional OASAM will provide the NCFLL with the inventory of space actions on no less than a semi-annual basis, at each Regional LMR meeting. The inventory shall include the agency, city/state, lease expiration date, considered action, justification, estimated timeframe and status of the renovation/move. Updates of the inventory will be provided upon request. (Article 11)
- The Department will issue notices at least annually or as needed to NCFLL Bargaining Unit Employees concerning the availability of EEO Counselor positions. (Article 19, Section 7D.)
- Management will provide the NCFLL copies of Merit Staffing tests (electronic, paper, etc.) developed for use in the evaluation of candidates. (Article 20, Section 6A.4)
- Management will provide a copy of each Certificate from which selections may be made to the designated NCFLL Representative at the same time it is sent to the selecting official for positions in the bargaining unit. (Article 20, Section 6A.6)
- Management will notify designated NCFLL Representatives of the names of candidates selected for positions within the unit by the personnel office processing the personnel action as soon as a selection has been made. (Article 20, Section 6B)
- Management will notify a designated NCFLL Representative, in advance of any scheduled reviews of Regional Human Resources Office operations, and provide a sanitized copy of the Merit Staffing review within thirty (30) calendar days after the review is finalized. (Article 20, Section 7 and Section 7A)
- The Department will share with the NCFLL the information reported to OPM on the use of Telework on an annual basis. (Article 29, Section 11)
- The Department will keep the NCFLL advised of the status of Departmental Dependent Care Programs. (Article 30, Section 3)
- The Department, in the administration of this program, will collect information and share such information with the NCFLL. The information will be in regard to matters such as employee participation in connection with their duty station, total family income, amount of subsidy, eligibility/ineligibility of applicants, and number and age of children coming under the program. (Article 30, Section 4 E)
- The Department will provide to the individual Local Union Treasurer an electronic biweekly Union Roster and Activity Report for that local. The reports will include the name and the Agency of each member from whose salary dues have been withheld and the amount withheld for each person listed. The biweekly listing will provide annotated explanations of cases in which dues are not withheld (such as no payment, cancellation, LWOP, separated, etc.) (Article 10, Section 6)
- The Department will submit to the respective NCFLL Officials (described in B above) its annual safety and health inspection plans at the beginning of each fiscal year. These plans will specify the planned dates that each DOL office will be inspected. They will also specify if the office will be inspected by a safety and health professional sent to the office by OASAM and, if not, what alternative method will be used. Changes to these plans will be communicated to the affected NCFLL officials in a timely manner. (Article 34, Section 7D)
- Management agrees to share with the NCFLL Agency prototype elements and standards for similar or common positions within the bargaining unit. (Article 43, Section 10)
- The designated NCFLL Representative as prescribed in Article 3 will be notified of all proposed intra-region transfers of bargaining unit employees at least two weeks in advance. For inter-region transfers, designated representatives in both the gaining and loosing Regions will be notified. At each National LMR Meeting, the Department will provide the NCFLL a list, by OASAM Region, containing the number of inter-station transfer requests received and the number granted. (Article 48, Section 5)
- The Department will provide the NCFLL copies of FAIR Act inventories for commercial and inherently governmental functions. At the request of the Union, Management will meet to explain the rationale for FAIR Act classification decisions. (Article 49)
- The Department shall notify the Union within seven (7) calendar days of its decision to use A-76 competition to determine if government personnel should continue to perform work or contract out work that is currently performed by bargaining unit employees. (Article 49)
- Management will advise the NCFLL, within thirty (30) calendar days of the Secretary’s determination, of the percentage of pay to be used for Performance Management (PMS) bonuses. Consistent with the Privacy Act, the NCFLL will be provided, within sixty (60) calendar days after the award payouts, an annual breakdown of the following PMS information for NCFLL bargaining unit employees by agency/sub-agency and region (or agency regional equivalent):
- Total PMS awards payout,
- Total number of bargaining unit employees,
- Total number of above receiving PMS awards,
- Total number receiving awards by grade, and
- Total number paid by rating level.
- Management will share workplace violence program information with the NCFLL Executive Committee annually in conjunction with the National Labor Relations Committee Meeting. (Article 35, Section 5 (4))
Article 52 – Quality of Service
The Department is committed to ensuring that bargaining unit employees receive high quality and efficient administrative services, including employee compensation and benefits and financial services. Establishing and maintaining a high standard of quality for these services support the overall mission of the Department by allowing employees to focus on mission-related work. To that end, as the Department evaluates and implements new technology and external service providers, every effort will be made to ensure that the quality of service meets the needs of Agencies and employees. When problems arise with the quality of service, the Department will actively pursue timely and satisfactory resolution. The Department will keep the NCFLL informed of significant service-related issues concerning bargaining unit employees
Article 53 – Directed Membership and Participation in Professional Associations
The Department agrees to pay for membership dues in professional associations whenever an employee is directed to join such an organization by an appropriate level of Management in connection with the performance of his/her official duties. Such memberships must be in the name of the Department. The Department also agrees to pay the expenses of employees (consistent with budget limitations and accounting regulations) selected by an appropriate level of Management in advance for attendance at professional meetings.
Article 54 – Management Rights
Section 1 – General
- The Department retains the right to:
- Determine the mission, budget, organization, number of employees, and internal security practices of the Department.
- In accordance with applicable laws:
- To hire, assign, direct, layoff, and retain employees in the Department, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
- To assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;
- With respect to filling positions, to make selections from among properly ranked and certified candidates for promotion or from any other appropriate source; and
- To take whatever actions may be necessary to carry out the mission of the Department.
- Nothing in this Section shall preclude the Department and the NCFLL from negotiating:
- At the election of the Department, 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;
- The procedures which Management Officials of the Department will observe in exercising any authority under this Section; or
- Appropriate arrangements for employees adversely affected by the exercise of any authority under this Section by such Management Officials.
Section 2 – Applications
The requirements of this Article shall apply to all supplemental agreements between the NCFLL and the Department.
Article 55 – Leaves of Absence (Union Officials)
Section 1 – AFGE or AFL-CIO Officer or Representative
Management agrees to approve leaves of absence for any bargaining unit employee who is elected to a position of National Officer of the American Federation of Government Employees, AFL-CIO or any other AFL-CIO affiliate, for the purpose of serving full time in the elected position or who is selected as an AFGE National Union Representative or representative of any other AFL-CIO affiliate.
Section 2 – Period of Leave of Absence
Leaves of absence granted under Section 1 of this Article will be for a period concurrent with the term of office of the elected Official or representative and will be automatically renewed by management upon notification in writing from the elected official or representative that he/she has been reelected or reselected and wishes to continue in a leave of absence status.
Section 3 – Conditions and Return Rights
- The NCFLL agrees that all of the leaves of absence granted or approved in accordance with this Article are subject to the following conditions in addition to such other conditions as may be imposed by law or higher regulation:
- Without pay; and
- Access to Departmental premises by such employees will be in accordance with the terms of this Agreement or Department regulations whichever is applicable.
- Management, to the extent of its authority, will attempt to accomplish the following:
- Place an employee returning from leave of absence in the position held at the time that the leave of absence began; failing this,
- An effort will be made to place the employee in a like position in the Region; or failing either of the foregoing, and
- The employee will be placed in a like position somewhere in the Agency.
Article 56 – Reemployment Opportunities After Retirement
Section 1 – Eligibility
All employees in the bargaining unit who retire optionally from the Department will be considered, upon request, for reemployment.
Section 2 – Selection and Approval
- Eligible retirees will be considered for reemployment in any vacant position for which they apply and for which they meet the minimum qualification requirements.
- If a retired former employee wishes to be considered for reemployment, he/she should apply to the personnel office that services the Region where he/she wishes to be reemployed.
Section 3 – Reemployment
Rights and benefits of reemployed annuitants are outlined on Fact Sheet: Reemployed Annuitants, which is available through the servicing Human Resource Offices.
Article 57 – Concerted Activity
Section 1 – No Strike
The NCFLL agrees that during the life of this Agreement it will not encourage, initiate, participate, or condone any strike, work stoppage, or slowdown on the part of a bargaining unit employee or group of bargaining unit employees which would harm or adversely affect the operations or missions of the Department and that it will not condone any such activity by failing to take affirmative action to prevent or stop it.
Section 2 – No Lockout
Management agrees that it will not lock out any bargaining unit employees.
Article 58 – Copies of Agreement
Section 1 – Copies
Booklet copies of this Agreement shall be provided by the Department to each employee in the unit. The NCFLL shall be furnished a reasonable number of copies to meet its needs.
Section 2 – Expenses
The expenses for printing and distribution of this Agreement shall be borne by the Department.
Section 3 – Electronic Posting
The Department will post an electronic copy of the Agreement on LaborNet.
Article 59 – Supplemental Agreements
Section 1 - Authority of Master Agreement
The Department and the NCFLL agree that this Agreement is a master Agreement and that any supplemental agreements shall not delete, modify, or otherwise nullify any provision, policy, or procedure in this Agreement; nor shall any provision in a supplemental agreement be in conflict with or duplicate any provision of this Agreement, statute, or regulation of the Department or higher authority. Any supplementary agreements or amendments to this Agreement that are entered into by the parties shall become a part of and shall terminate at the same time as this Agreement unless otherwise expressly agreed to in writing by the parties. While no Memoranda of Understanding (MOU) are carried over under this Agreement, Article 2, Section 6, Past Practices, applies to mandatory working conditions that resulted from such former understandings.
Prior to filing a grievance, if there is a dispute concerning the existence of a past practice in regards to a regional MOU, the matter will be referred to the regional labor relations officer and the local president for resolution. If the dispute is not resolved, the matter will be referred to the Director, Office of Departmental Labor Relations and Negotiations (ODLRN), and the NCFLL President for resolution. If the dispute concerns the existence of a past practice in regards to a national MOU, prior to filing a grievance, the matter will be referred to the ODLRN, and the NCFLL President for resolution.
The National Memoranda of Understanding negotiated during the term of this Agreement will be posted on LaborNet.
Section 2 – Appropriate Matters for Regional Negotiations
Matters appropriate for negotiations at the Regional level are those within the scope of bargaining under the Statute. These matters do not include:
- Subject matter already contained in this Agreement;
- Interpretation and application of this Agreement; or
- Subject matter that has been the subject of bargaining at the National level.
Section 3 – Resolution of Regional Negotiation Disputes
Disputes between the local parties over whether agreement proposals or counter proposals are subject to Regional negotiations will be referred to the Department and the NCFLL Executive Committee. When a dispute has been submitted to the Department and the NCFLL, negotiations will be suspended on the issue pending final determination of the dispute. If the Department and NCFLL cannot resolve the dispute, either party may submit the matter to the appropriate authority in accordance with its rules and regulations.
Section 4 – Ratification and Approval of Regional Agreements
All Regional supplemental agreements are subject to ratification by the NCFLL and approval by the Department.
Article 60 – Duration and Termination
- This Agreement shall take effect on October 1, 2012, and shall remain in effect through September 30, 2018, unless extended through mutual agreement. It will remain in effect for yearly periods thereafter unless either party serves the other party with written notice, any time during the month of June prior to the expiration date, of its desire to terminate or modify this Agreement.
- Upon receipt by either party of notice from the other party of its desire to terminate or modify this Agreement, both parties shall meet within thirty (30) calendar days in an effort to reach agreement with respect to ground rules for negotiating a new Agreement.
Appendix A – Merit System Principles
§ 2301. Merit system principles
(a) This section shall apply to--
(1) an Executive agency; and
(2) the Government Printing Office.
(b) Federal personnel management should be implemented consistent with the following merit system principles:
(1) Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge and skills, after fair and open competition which assures that all receive equal opportunity.
(2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.
(3) Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance.
(4) All employees should maintain high standards of integrity, conduct, and concern for the public interest.
(5) The Federal work force should be used efficiently and effectively.
(6) Employees should be retained on the basis of adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.
(7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
(8) Employees should be--
(A) protected against arbitrary action, personal favoritism, or coercion for partisan political purposes, and
(B) prohibited from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for election.
(9) Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences--
(A) a violation of any law, rule, or regulation, or
(B) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(c) In administering the provisions of this chapter--
(1) with respect to any agency (as defined in section 2302(a)(2)(C) of this title), the President shall, pursuant to the authority otherwise available under this title, take any action including the issuance of rules, regulations, or directives; and
(2) with respect to any entity in the executive branch which is not such an agency or part of such an agency, the head of such entity shall, pursuant to authority otherwise available, take any action, including the issuance of rules, regulations, or directives; which is consistent with the provisions of this title and which the President or the head, as the case may be, determines is necessary to ensure that personnel management is based on and embodies the merit system principles.
Appendix B – Prohibited Personnel Practices
§ 2302. Prohibited personnel practices
(a)(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b) of this section.
(2) For the purpose of this section--
(A) “personnel action” means--
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of this title or other disciplinary or corrective action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under chapter 43 of this title;
(ix) a decision concerning pay, benefits, or awards concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination; and
(xi) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in section 9101 of title 31;
(B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position
(i) excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
(ii) excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration; and
(C) “agency” means an Executive agency and the Government Printing Office, but does not include--
(i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8);
(ii) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the Central Imagery Office, the National Security Agency, and, as determined by the President, any Executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities; or
(iii) the General Accounting Office.
(b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority--
(1) discriminate for or against any employee or applicant for employment--
(A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16);
(B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a);
(C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d));
(D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); or
(E) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation;
(2) solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action except as provided under section 3303(f);
(3) coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee of applicant for employment as a reprisal for the refusal of any person to engage in such political activity;
(4) deceive or willfully obstruct any person with respect to such person’s right to compete for employment;
(5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment;
(6) grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment;
(7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative (as defined in section 3110(a)(3) of this title) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in section 3110(a)(2) of this title) or over which such employee exercises jurisdiction or control as such an official;
(8) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of--
(A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences--
(i) a violation of any law, rule or regulation, or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or (This section needs to be flushed with (i) in the Graphic’s version)
(B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences--
(i) a violation of any law, rule, or regulation, or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (In Graphic’s version this sentence needs to be flushed with (i))
(9) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of--
(A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
(B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A);
(C) cooperating with or disclosing information to the Inspector General of an agency, or the Special Counsel, in accordance with applicable provisions of law; or
(D) for refusing to obey an order that would require the individual to violate a law.
(10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States;
(A) knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans' preference requirement; or
(B) knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a veterans' preference requirement; or
(11) take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in section 2301 of this title. This subsection shall not be construed to authorize the withholding of information from the Congress or the taking of any personnel action against an employee who discloses information to the Congress.
(c) The head of each agency shall be responsible for the prevention of prohibited personnel practices, for the compliance with and enforcement of applicable civil service laws, rules, and regulations, and other aspects of personnel management, and for ensuring (in consultation with the Office of Special Counsel) that agency employees are informed of the rights and remedies available to them under this chapter and chapter 12 of this title. Any individual to whom the head of an agency delegates authority for personnel management, or for any aspect thereof, shall be similarly responsible within the limits of the delegation.
(d) This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under--
(1) section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), prohibiting discrimination on the basis of race, color, religion, sex, or national origin;
(2) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimination on the basis of age;
(3) under section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (d)), prohibiting discrimination on the basis of sex;
(4) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), prohibiting discrimination on the basis of handicapping condition; or
(5) the provisions of any law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation.
(The following is replacing the index presently in the Graphic’s version)
INDEX
Acceptable Level of Competence: …………………………………………………… 127
Definition ………………………………………………………………... 127 Procedures ………………………………………………………………… 127
Administrative Leave…………………………………………………………………... 109
Blood Donation……………………………………………………………….. 113
Emergency Conditions…………………………………………………… 110
Inclement Weather………………………………………………………… 110
Military Funerals………………………………………………………… 113
Registration and Voting………………………………………………………. 109
Vehicle Breakdown…………………………………………………… 112
Volunteer Programs……………………………………………………… 119
Adoptive Leave (see Leave)
Advanced Leave …………………………………………………………………… 109
Adverse Actions …………………………………………………………………… 34
Appeal Rights ………………………………………………………………… 33
Grievance Rights ……………………………………………………………… 33
Representational Rights ……………………………………………………….. 39 Agreement …………………………………………………………………………….... 1
Coverage of……………………………………………………………………... 2 Duration………………………………………………………………… 149
Governs………………………………………………………………………… 4
Precedence of Laws and Regulations………………………………………….. 49
Supplemental Agreements……………………………………………………… 147
Termination…………………………………………………………………….. 149
Alternative Dispute Resolution ………………………………………………………… 51
Annual Leave …………………………………………………………………………… 108
Advanced Leave Requests …………………………………………………….. 109
Restored Leave ………………………………………………………………… 109
Appropriate Use of Equipment …………………………………………………………. 23
Arbitration ………………………………………………………………………………. 46 Adverse Actions ……………………………………………………………….. 34
Arbitrability Decisions ………………………………………………………… 50
Authority, Arbitrator …………………………………………………………… 49
Extension of Time Limits ……………………………………………………… 50
Grievability Decisions …………………………………………………………. 50
Official Time …………………………………………………………………… 48
Proceedings …………………………………………………………………….. 50
Selection of Arbitrator …………………………………………………………. 46
Stipulation of Facts …………………………………………………………….. 50
Technical Assistant …………………………………………………………….. 48
Time Frame …………………………………………………………………….. 47
Transcripts ……………………………………………………………………… 48
Witnesses ………………………………………………………………………. 49
Bargaining (See Negotiations)
Bargaining Unit: ………………………………………………………………………… 1
Coverage ………………………………………………………………………... 2
Exclusions ………………………………………………………………………. 2
Inclusions ………………………………………………………………………. 2
Blood Donations……………………………………………………………… 113
Breaks ……………………………………………………………………………… 77
Bulletin Boards………………………………………………………………………… 21
Changes to Agreement/Regulations …………………………………………………….. 4
Mandated ……………………………………………………………………….. 4
Proposed by Management …………………………………………………… 5
Past Practices …………………………………………………………………… 10
Child Care Subsidy ……………………………………………………………………… 90 Committees:
Ad-Hoc Training Committees ………………………………………………….. 68
EEO …………………………………………………………………………….. 53
Honor Awards Committee ……………………………………………………… 130
Information Technology Committee …………………………………………… 139
National Labor-Management Relations Committee …………………………… 6
Regional Labor-Management Relations Committee …………………………… 6
Safety and Health Committees …………………………………………………. 104
Special Emphasis Program Committees ……………………………………….. 54 Community Service Opportunities ……………………………………………………… 119
Concerted Activity ………………………………………………………………………. 147
Contracting Out ………………………………………………………………………….. 136
Continuing Education, Equipment and Time for ………………………………………… 68
Court Leave ………………………………………………………………………………. 113
Dependent Care …………………………………………………………………………... 114
Disciplinary Actions Alternative Approaches ……………………………………………. 31
Appeals ………………………………………………………………………….. 33
Distribution of Union Material ……………………………………………………… 22
Dues Withholding …………………………………………………………………… 24 EEO Counselors (See Equal Employment Opportunity )
Elder Care ………………………………………………………………………………… 114
Employee Assistance Program …………………………………………………………… 94
Employees, Right of……………………………………………………………………….. 94
Employee Wellness …………………………………………………………………. 95
Biennial Health Exam …………………………………………………………… 96
Fitness Subsidy Programs ………………………………………………………. 97
Health Services Program ………………………………………………………… 96
Smoking …………………………………………………………………………. 98
Wellness Programs…………………………………………………………… 96
Equal Employment Opportunity …………………………………………………………. 52
Committees ……………………………………………………………………… 53
Complaints ……………………………………………………………………… 55
Counselors ………………………………………………………………………. 54
EEO Plans ……………………………………………………………………….. 53
Reasonable Accommodation ……………………………………………………. 55 Equal Pay for Equal Work ……………………………………………………………….. 52
Equipment Provided the Union (See Facilities Provided the Union)
Facilities (Official Union Use) …………………………………………………………… 21
Family Leave………………………………………………………………………………. 113
First 40-Hour Tour of Duty ………………………………………………………………. 72
Fitness Programs ……………………………………………………………………… 97
Flexiplace (see Telework) ……………………………………………………………………. 81
Flexitime (see Work Schedules) ………………………………………………………………..
Formal Discussions ……………………………………………………………………...... 1
Grievance: ……………………………………………………………………………
Alternative Dispute Resolution (ADR) …………………………………………… 51
Arbitrability ………………………………………………………………………. 50 Coverage ……………………………………………………………………… 37 EEO Complaint, in Relation to …………………………………………………… 38 Employee Grievance …………………………………………………………… 39
Employee Right to Grieve …………………………………………………… 37 Exclusion from Coverage …………………………………………………………. 37 Exclusive Procedure ………………………………………………………………. 38
Flexiplace (Telework) ………………………………………………… 81
Form ………………………………………………………………………………. 40 Grievability ……………………………………………………………………….. 46 Institutional Grievance ……………………………………………………………. 44 Merit Staffing Grievance ………………………………………………………….. 42
Telework Denials ………………………………………………………………… 87 GSA Vehicles ………………………………………………………………………………. 68
Harassing Conduct ……………………………………………………………… 106 Correcting Conditions ……………………………………………………………. 107
Program Review ………………………………………………………………….. 107
Reporting …………………………………………………………………………. 106 Training …………………………………………………………………………… 107
Hardship Transfer ………………………………………………………………………. 142
Health Services (see Safety and Health)
Honor Awards Committee (see Committee)
Hours of Work …………………………………………………………………………….. 71
Identity Theft ……………………………………………………………………………... 140
Information Provided Union (see Notification to Union)
Information Technology (see Technology)
Interstation Transfer …………………………………………………………………….. 134
Job Sharing ……………………………………………………………………………… 80
Leave
Administrative ………………………………………………………………….. 109 Adoptive ………………………………………………………………………… 115
Annual ………………………………………………………………………….. 108 Blood Donation ………………………………………………………………… 113 Court ……………………………………………………………………………. 113 Definition of Family Member ………………………………………………….. 115 Emergency Conditions …………………………………………………………. 110 Family …………………………………………………………………………… 115 Inclement Weather ……………………………………………………………… 110 Maternity/Paternity ……………………………………………………………… 114 Military Funerals ………………………………………………………………… 113 Regional Leave Bank ……………………………………………………………. 117 Restored …………………………………………………………………………. 109 Sick ……………………………………………………………………………… 116 Vehicle Breakdown …………………………………………………………….. 112 Volunteer Programs …………………………………………………………….. 119 Voting/Registration …………………………………………………………….. 109
Leave of Absence (Union Officials) …………………………………………………….. 145
Lockout ………………………………………………………………………………….. 147
Management Rights ……………………………………………………………………… 144
Mass Transit Subsidy ……………………………………………………………………. 92
Maternity Leave (see Leave)
Memoranda of Understanding (MOU’s) ………………………………………………… 148
Merit Staffing ……………………………………………………………………………. 56
Candidates Selected …………………………………………………………….. 60 Candidates to be Considered …………………………………………………… 59 Certificates ……………………………………………………………………… 58 Corrective Actions ……………………………………………………………… 63 Details …………………………………………………………………………… 57 Equal Opportunity ………………………………………………………………. 59 Interviewing Candidates ………………………………………………………… 60 MSHA Special Assignments ……………………………………………………. 59 Plan/Procedures …………………………………………………………………. 56 Preferential Management Action ………………………………………………… 59 Reevaluations ……………………………………………………………………. 59 Repromotions ……………………………………………………………………. 57 Reviews of Selecting Official Action …………………………………………… 61 Temporary Promotion …………………………………………………………… 57 Trainees ………………………………………………………………………….. 58 Vacancy Announcements ……………………………………………………….. 58
Midterm Negotiations (see Negotiations)
MSHA Cleanup Time …………………………………………………………………….. 77
MSHA First 40 ……………………………………………………………………………. 72
National Labor-Management Relations Committee ……………………………………… 6
National Union Officials ………………………………………………………………….. 15
Negotiations
Midterm …………………………………………………………………………….. 9 National …………………………………………………………………………….. 9 Regional …………………………………………………………………………….. 10
Notification to Management………………………………………………………………….. 15
Agendum for National/Regional Committee Meetings …………………………. 8 Changes to Dues Withholding Designations ……………………………………. 26 National Union Officials ………………………………………………………… 15 Regional Officials ……………………………………………………………….. 15 Stewards …………………………………………………………………………. 14
Notification to Union (see Article 51) ……………………………………………………
Nursing Mothers ………………………………………………………………................. 92
Official Time ……………………………………………………………………………… 16
Arbitration ……………………………………………………………………….. 16 Bargaining Unit Employees ……………………………………………………. 18
Formal Discussions ……………………………………………………………… 70
Labor Relations Training ………………………………………………………… 70 Midterm Bargaining …………………………………………………………….. 9 National LMR Meetings ………………………………………………………… 8 National Union Officials ………………………………………………………… 15 Orientation ………………………………………………………………………. 3 Reasonable Amount of Time ……………………………………………………. 18 Regional LMR Committee Meetings ……………………………………………. 7 Requests/Reporting ……………………………………………………………… 19 Statutory Appeals ……………………………………………………………….. 17
Official Travel Labor Relations ………………………………………………………….. 16
Arbitration ………………………………………………………………………. 20 Bargaining Unit Employees ……………………………………………………… 21
Midterm Bargaining ……………………………………………………………… 21 National LMR Committee Meetings ……………………………………………. 21 Regional LMR Committee Meetings ……………………………………………. 21 Safety and Health Inspections …………………………………………………… 100 Stewards …………………………………………………………………………. 14 Training ………………………………………………………………………….. 66
Orientation ………………………………………………………………………………. 3
Overtime …………………………………………………………………………………. 78
Parking …………………………………………………………………………………… 92
Pre-Tax Program ………………………………………………………………… 93
Past Practices …………………………………………………………………………….. 6
Supplemental Agreements/MOU’s ……………………………………………… 147
Paternity Leave……………………………………………………………………………. 114
Performance Awards …………………………………………………………………….. 125
General …………………………………………………………………………… 125 Information Sharing ……………………………………………………………… 143 Summary Ratings, Effect of ……………………………………………………
Performance Based Actions ……………………………………………………………… 30
Performance Management System ………………………………………………………. 121
Annual Rating of Record ………………………………………………………… 122
Appraisal Period, Initiation of …………………………………………………… 124 Coverage ………………………………………………………………………… 121
Grievability/Arbitrability ………………………………………………………… 125
Improving Unsatisfactory Performance ………………………………………… 123
Information Sharing ……………………………………………………………. 125
Performance Improvement Plan ………………………………………………… 123
Performance Standards ………………………………………………………… 122
Annual Rating of Record ………………………………………………. 122 Comment Period ..……………………………………………………… 122
Elements ..……………………………………………………………… 121
Employee Control ………………………………………………………. 121
Grievability/Arbitrability ……………………………………………….. 125 Procedures for Developing ..…………………………………………… 121
Prototype Standards/Elements ..………………………………………… 125
Removal ..…………………….. ……………………………………….. 125
Special Circumstances ..…………………………………………………. 124
Personnel Records ……………………………………………………………………….. 64
Employee Performance Files ……………………………………………………. 65 Employee Review of …………………………………………………………….. 66
Non-Current Material …..……………………………………………………….. 65 Official Personnel Folders ……………………………………………………… 64 Working Files …………………………………………………………………… 65
Position Classification ……………………………………………………………………. 52
Position Description ……………………………………………………………………… 52
Preamble …………………………………………………………………………………..
Pre-Tax Parking …………………………………………………………………………… 93 Privately Owned Vehicles (POVs) ………………………………………………………… 68
Professional Associations, Directed Membership and Participation …………………….. 144
Protective Equipment and Clothing ………………………………………………………. 100
Reasonable Accommodation …………………………………………………………….. 55
Records (see Personnel Records)
Reduction in Force ……………………………………………………………………….. 130
Reemployment Opportunities After Retirement ………………………………………….. 146
Regional Labor-Management Relations Committees …………………………………….. 6
Religious Observances ……………………………………………………………………. 79
Representation, Unit Employees Rights…………………………………………………… 13
Adverse Actions…………………………………………………………………… 3
Disciplinary Actions……………………………………………………………….. 13
Examination of Record (Merit Staffing)…………………………………………… 61
Formal Discussions………………………………………………………………… 3 Grievance…………………………………………………………………………… 3
Investigatory Interviews……………………………………………………………. 14 Performance Based Actions………………………………………………………… 30 Rescheduling Authority…………………………………………………………….. 73
Safety and Health ………………………………………………………………………….. 98
AED’s …………………………………………………………………………….. 100 Committees ……………………………………………………………………….. 104 Employee Rights/Responsibilities ……………………………………………….. 99 Ergonomic Hazards ………………………………………………………………. 103 Hazardous Materials, Response to ………………………………………………. 102 Inspections ………………………………………………………………………… 101 Protective Equipment and Clothing ………………………………………………. 100 Vehicles, Safety of ………………………………………………………………… 101
Sick Leave ……………………………………………………………………………………
Adoptive Leave……………………………………………………………………… 115
Death in Family ……………………………………………………………………. 116
Family Leave ………………………………………………………………………. 114
Smoking ……………………………………………………………………………………. 98
Space Management ………………………………………………………………………… 28
Split Shifts ………………………………………………………………………………….. 80
Step Increases ………………………………………………………………………………. 127
Strike ……………………………………………………………………………………….. 147
Supplemental Agreements…………………………………………………………………… 147
Technology …………………………………………………………………………………. 138
Committee, Information Technology ……………………………………………… 139 Identity Theft ………………………………………………………………………. 140
Telework (Flexiplace) ………………………………………………………………………. 81
Agreement ………………………………………………………………………… 83
Dispute Resolution ………………………………………………………………… 87 Eligibility …………………………………………………………………………… 82 Pay Status …………………………………………………………………………… 86 Purpose ……………………………………………………………………………… 81 Recall ………………………………………………………………………………... 84 Termination ……………………………………………………………………. 85 Types of Arrangements ……………………………………………………………… 82
Time and Attendance System Automated …………………………………………………… 75
Training ………………………………………………………………………………………. 66
General ………………………………………………………………………………. 66 Labor Relations Training ……………………………………………………………. 66
Transfer of Function …………………………………………………………………………. 130
Transit Subsidy Program …………………………………………………………………… 92
Travel, Official (Non-LMR) ………………………………………………………………… 69
Administratively Controllable ……………………………………………………… 70 Advance Notice …………………………………………………………………….. 71 Alternative Travel ………………………………………………………………….. 71 Compensatory Time ………………………………………………………………… 70 Non-Duty Hours ………………………………………………………………… 70 Scheduling …………………………………………………………………………... 70 Temporary Duty …………………………………………………………………….. 70 Vouchers ……………………………………………………………………………. 70
Vehicles ……………………………………………………………………………… 70 Wellness (see Employee Wellness)
Within-Grade Increase ……………………………………………………………………… 127
Work Schedules:
Changing Work Schedules ……………………………………………………… 74 Clean Up Time ………………………………………………………………….. 77
Compensatory Time ……………………………………………………………….. 79
Compressed Schedules……………………………………………………………. 73
Core Hours ………………………………………………………………………….. 74 Coverage of Mission Needs ……………………………………………………… 76 Credit Hours ……………………………………………………………………… 74 Evenings/Nights ………………………………………………………………….. 78 First Forty ………………………………………………………………………... 72 Grievability ……………………………………………………………………… 78
Hours of Work …………………………………………………………………… 75 Overtime Hours …………………………………………………………………. 74 Part-Time ……………………………………………………………………….... 71 Pay Administration ………………………………………………………………. 76 Religious Observances …………………………………………………………… 79 Rescheduling Authority ………………………………………………………….. 73 Rest Periods ……………………………………………………………………… 77 Seniority …………………………………………………………………………. 76 Split Shifts ……………………………………………………………………….. 75 Standard Day/Week ……………………………………………………………… 72 Timekeeping ……………………………………………………………………… 75 Variable Week ……………………………………………………………………. 72
Workplace Violence (see Harassing Conductions…)
Workweek, Standard ……………………………………………………………………….. 72
NOTES
“Only a fool would try to deprive working men and working women
of the right to join the union of their choice.”
Dwight D. Eisenhower
NOTES
“A good contract, with a good union, is good business.”
John Dunlop, Secretary of Labor (1975-1976)
NOTES
“It’s a pretty good rule to work with anyone who will work with you.”
John L. Lewis
NOTES
“There is no greater calling than to serve your fellow man.
There is no greater satisfaction than to have done it well.”
Philip Murray
NOTES
“Labor is prior to, and independent of, capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration.”
Abraham Lincoln