Collective Bargaining Agreement
Between
U.S. Army
Corps of Engineers,
Northwestern Division,
Pacific Region
And
United Power Trades
Organization
29 February 2012
(this page should include date of approval)
Insert Signature Page
TABLE OF CONTENTS
ARTICLE
PAGE
Preamble ...................................................................................................................................................1
1 Employees Covered by the Agreement ................................................................................1
2 Disciplinary and Adverse Actions .........................................................................................1
3 Dual Rate and Temporary Upgrades ...................................................................................3
4 Equal Employment Opportunity .............................................................................................4
5 Grievance and Arbitration Procedures .................................................................................5
6 Hours of Work............................................................................................................................. 12
7 Job Descriptions and Personnel Files ................................................................................ 16
8 Annual Leave............................................................................................................................... 17
9 Sick Leave..................................................................................................................................... 20
10 Other Leave Provisions ........................................................................................................... 21
11 Merit Promotion and Placement Plan ................................................................................ 23
12 New Employees .......................................................................................................................... 23
13 Official Facilities for Employees ......................................................................................... 23
14 Official Facilities for the Union ........................................................................................... 25
15 Official Time................................................................................................................................ 26
16 Premium Pay ................................................................................................................................ 29
17 Performance Appraisals .......................................................................................................... 30
18 Reductions in Force .................................................................................................................. 31
19 Rights and Responsibilities of the Employees ............................................................... 32
20 Rights of the Agency ................................................................................................................ 34
21 Rights of the Union ................................................................................................................... 35
22 Safety and Health ....................................................................................................................... 36
23 Training .......................................................................................................................................... 40
24 Union Officials and Project Representatives .................................................................. 41
25 Voluntary Allotment of Union Membership Dues ....................................................... 42
26 Printing and Distribution of Agreement ........................................................................... 44
27 Past Practices ............................................................................................................................... 44
28 Effective Date, Duration of the Agreement,
and Bargaining Ground Rules............................................................................................... 44
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PREAMBLE
This collective bargaining agreement is between the U.S. Army Corps of
Engineers, Northwestern Division, hereinafter called the “Agency,” which is
limited here to the Portland, Seattle, and Walla Walla Districts, and the United
Power Trades Organization, hereinafter called the “Union.”
The Agency and the Union recognize that they have a common and sympathetic
interest in the power industry in the Pacific Northwest and that the promotion of
their common interests will be furthered and extended by the establishment and
maintenance of employee-management cooperation.
ARTICLE 1
EMPLOYEES COVERED BY THE AGREEMENT
Pursuant to the Certification of Representation dated October 28, 1981 in Case No.
9-RO-71 issued by the Regional Director, Federal Labor Relations Authority, San
Francisco, California, and as amended on February 22, 1982 and June 19, 2002,
the Union is recognized as the exclusive representative of the bargaining unit
consisting of the Corps of Engineers’ non-supervisory operation and maintenance
employees, as defined by the Department of the Army, who are paid from the
Pacific Northwest Regional Power Rate Schedule within the Portland, Seattle, and
Walla Walla Districts of the Division.
ARTICLE 2
DISCIPLINARY AND ADVERSE ACTIONS
2.1 Disciplinary or adverse actions are written reprimand, suspension, involuntary
reduction in grade or pay, removal, or enforced leave.
2.2 Warnings, counselings, or admonishments on which the Agency wishes to rely
in supporting an action based on misconduct must have been made in writing and
shown to the employee. The employee will initial any such entry, signifying only
that he/she has been shown it, not that he/she agrees with it. Entries of this nature
will be deleted or obliterated from the file no later than one (1) year after the date
of the entry, unless reversed earlier through a grievance decision or unless made
the basis for additional entries or discipline within that time.
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2.3 Disciplinary or adverse action will only be taken for just and sufficient cause.
2.4 No employee will be subject to disciplinary or adverse action for refusing to
obey an unlawful order.
2.5 Prior to issuing a letter of reprimand or a notice of disciplinary action, the
Agency shall undertake a fair and objective investigation to obtain pertinent facts
relating to the situation. The investigation may include a discussion with the
affected employee and careful consideration of any of the employee’s comments.
2.6 EMPLOYEE REPRESENTATIONAL RIGHTS
a. The Agency shall, at the time a proposed disciplinary or adverse action letter
is issued, inform the employee that he/she has representational rights, which
include the Union.
b. Employees, in preparing and presenting a reply to the proposed action, may
represent themselves or be represented by the Union or non-union
representative of their choosing.
c. Disciplinary or adverse actions are not grievable at the proposal stage. The
time for grieving such action begins from the date the employee receives the
decision letter.
d. After the decision has been issued, employees may represent themselves or
be represented by the Union in the grievance procedure.
e. If the affected employee elects to use the statutory appeal procedure, he/she
may designate the Union or other representative of their choice. If the
employee elects to be represented by the Union, copies of all subsequent
correspondence and documents addressed to the employee will be furnished
to the Union Representative.
2.7 The procedures for taking disciplinary or adverse action shall be as follows:
a. Except for written reprimands, the Agency shall prepare a proposed notice
stating specifically, and in necessary detail, the reason for the disciplinary or
adverse action.
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b. The employee shall be given ten (10) calendar days to respond orally, in
writing, or both. The employee may request an extension of this time for
sufficient reason.
c. The Agency will issue a written decision within a reasonable period of time,
after thoroughly considering the employee’s reply.
2.8 Bargaining unit members may voluntarily waive their grievance rights under
the collective bargaining agreement in exchange for reduced, deferred, or “paper”
disciplinary actions or other alternative discipline, at the discretion of the Agency.
If the Agency proposes such a waiver, employees will be given the opportunity to
consult with a Union Representative at their election without prejudice to whatever
offer has been made (i.e., no employee will be required to agree immediately under
threat of withdrawal of the offer).
ARTICLE 3
DUAL RATE AND TEMPORARY UPGRADES
3.1 DUAL RATE POSITIONS
The parties recognize that there are positions within the bargaining unit that require
a dual rate classification. A dual rate position is a position in which both primary
and secondary classifications are involved. The position is called “dual rate” so
that the Agency is able to effect an expedited temporary promotion to the
secondary position. Dual rate pay will be in one (1) hour increments. All leave
will be paid at the primary rate unless the employee is dual rated to the secondary
classification for more than two (2) weeks. Such an employee may be paid leave
at the secondary rate, or the Agency may terminate the dual rate assignment, but in
no case will two (2) employees be paid at the secondary rate for the same
assignment.
3.2 No employee not presently dual rated shall be assigned to a dual rate position
without having applied for that position. It is understood that this does not prevent
the Agency from assigning higher graded work to any employee. However, the
Agency agrees to give first consideration for assignment of higher graded work to
qualified dual rate employees before assigning such work to employees who are
not dual rate. Employees selected for the dual rate positions shall meet all
qualification requirements of both the primary and secondary classifications and
shall be selected in accordance with the applicable provisions of the Agency Merit
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Promotion Plan. If there are any provisions of this agreement which conflict with
that Plan, the agreement will control.
3.3 Should any of the above conflict with or fail to address an issue covered by
Army or Office of Personnel Management regulations regarding dual rate, such
Army or Office of Personnel Management regulations shall apply.
3.4 TEMPORARY UPGRADE
It is recognized that the existence of the dual rate position does not prohibit the
Agency from using details and/or temporary promotions to fill interim vacancies.
It is also recognized that no vacancy need exist for the Agency to detail or
temporarily promote an employee. Pay for these periods will be in accordance
with current regulations. An employee who is required to perform the duties of a
position classified at a higher grade for more than one (1) week shall be
temporarily promoted to the higher grade starting at the beginning of the second
(2nd) week, provided he/she satisfies the qualification requirements for the
position.
ARTICLE 4
EQUAL EMPLOYMENT OPPORTUNITY
4.1 The Agency and the Union affirm their commitment to equal employment
opportunities for all employees and agree that discrimination on the basis of race,
color, religion, sex, national origin, age, mental or physical disabilities, and
reprisal, as defined in appropriate laws and regulations, is prohibited.
4.2 Employees who wish to make a complaint of discrimination covered by one of
the categories listed above must contact an EEO counselor within forty-five (45)
days of the discriminatory event or of their knowledge of the discriminatory event.
The Agency shall post in prominent locations at each project the phone number of
the EEO office for that project.
4.3 The purpose of counseling is to attempt an informal resolution of the
complaint. If the attempt is not successful, or if the employee wishes to pursue the
matter further after counseling, the employee may file a grievance at Step 1 under
the grievance procedures of this labor contract or file a formal EEO complaint.
The Step 1 grievance must be filed within thirty (30) days of the initiation of this
EEO informal process.
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4.4 Employees who participate in the EEO process shall be free of interference,
restraint, or coercion for doing so. Complaints of reprisal may be raised with an
EEO counselor as well.
ARTICLE 5
GRIEVANCE AND ARBITRATION PROCEDURES
5.1 PURPOSE AND DEFINITION OF GRIEVANCE
The purpose of this procedure is to provide for an orderly resolution of complaints
by either the Agency, the employees, or the Union. The grievance may be filed
over any matter grievable by law, except for matters specifically excluded from the
grievance procedure by this contract.
5.2 TWO OR MORE EMPLOYEE GRIEVANCES
If two or more employees requesting representation by the Union have
substantially identical grievances and wish to pursue them under this Article, the
Union may file a group grievance for processing. The outcome of the grievance
will be binding on all concerned employees. When the provisions of this section
are to be invoked, the Union will give written notification to the Agency Labor
Relations Officer concurrent with the initiation of the formal grievance. Such
written notification will include the names of all grievants, if known. Rather than
include names, the Union may describe the grieving employees by project,
organization, series, grade, or any other method, so long as it is clear to the Agency
exactly which employees are included in the grievance.
5.3 UNION GRIEVANCES
The Union may file a Union grievance concerning its own institutional rights as a
Union. Such grievances will be processed according to the same procedures
applicable to individual grievances, except that there is no need to name individual
employees in the grievance.
5.4 PERSONAL GRIEVANCES
The Agency and the Union recognize that grievances are personal in nature and
that aggrieved employees have the right to present their own grievances. When the
District Operations Chief receives a written grievance filed without Union
representation, he/she will immediately inform the appropriate Union Vice
President giving the name of the grievant, project, and nature of the grievance.
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5.5 INFORMAL GRIEVANCE RESOLUTION
a. The Agency and the Union endorse the principle of resolving grievances at
the lowest possible level. The Agency, the Union, and bargaining unit
employees should make reasonable efforts to resolve potential grievances
prior to the filing of a formal grievance. An attempt at informal resolution
should be made with the project representative and the immediate supervisor
or the lowest level of management capable of resolving the issue.
b. The parties can also attempt to reach an informal resolution at any stage of
the grievance process.
c. Attempts at informal resolution of grievances will not automatically extend
the time limits for filing grievances.
d. In any event, if a grievant feels that his/her relationship with the immediate
supervisor is such that the grievant cannot reasonably discuss the matter with
their first line supervisor, the grievant may discuss it with the next level of
supervision. In such a case, no retribution can be threatened nor taken by
supervision because the employee bypassed the “chain of command.”
5.6 EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
The following are exclusions from the grievance procedure:
a. Any claimed violation relating to prohibited political activities; or
b. Retirement, life insurance, or health insurance; or
c. Suspension or removal for national security reasons, 5 U.S.C. § 7532; or
d. Any examination, certification, or appointment; or
e. The classification of any position which does not result in the reduction of
pay of any employee; or
f. Termination of probationary employees or termination of temporary
employees; or
g. A preliminary notice of an action which, if effected, would be covered under
this grievance procedure or be appealable under statutory procedures; or
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h. Non-selection from a group of properly ranked and certified candidates,
unless a claim is raised that the non-selection was based on non-merit
factors; or
i. Assignments to or from alternate work schedules; or
j. Mistakes in dues deduction withholding by Defense Finance and Accounting
Service.
5.7 GRIEVANCE/MSPB OPTIONS FOR CERTAIN AGENCY ACTIONS
Certain types of agency actions (e.g., removals, reductions in grade, suspension for
more than fourteen (14) days) may be filed as grievances or may be appealed to the
Merit Systems Protection Board (MSPB), but not both. Prior to filing a grievance
over such matters, appropriate guidance should be sought from a Union
Representative.
5.8 TIME STIPULATIONS FOR GRIEVANCE STEPS
The parties recognize that settlement of the underlying grievance is of paramount
importance and that the procedural requirements set forth in this grievance
procedure are only to be instructive to the parties as to their respective
responsibilities. Other than for the initial submission requirement for a grievance
and for an arbitration submission, no time limit can be asserted so as to dispose of
a grievance unless the party asserting the timeliness serves on the other party a
“notice of intent to invoke the time limit.” The time limit will expire five (5) days
after “notice of intent,” but not less than the time stipulated in the contract. If the
deadline for filing or for response set forth in this Article falls on a non-workday,
then the deadline is extended to the following workday.
5.9 STEPS OF THE GRIEVANCE PROCEDURE
The grievance steps shall be as follows:
a. Step 1
(1) The grievant (either employee or Union) shall notify their Operations
Project Manager (OPM) of their grievance within thirty (30) calendar
days of the grievant becoming aware of the problem. Where a statute
provides a longer period of time to file a claim than that provided in this
Article, the statutory period shall control. This notification of the
grievance will be in writing. The written presentation of the grievance
must contain the following information:
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(a) The identity of the aggrieved employee and the work group in which
he/she is employed;
(b) The details of the grievance – the specific action or event being
grieved;
(c) The article of the agreement allegedly violated, if known;
(d) The corrective action desired;
(e) The name of the Union Representative, if any;
(f) A brief description of the discussion with their first line supervisor as
to why they could not settle the disagreement.
(2) The OPM shall have twenty (20) calendar days after receipt of the
grievance to adjust the grievance and shall notify the grievant of their
decision. This notification will be in writing.
b. Step 2
(1) If the grievant is not satisfied with the proposed adjustment by the
OPM, the grievant has twenty (20) calendar days after receipt of the
OPM’s response to submit the matter in writing through the OPM to the
District Operations Chief. The initial written grievance, as submitted to
the OPM, will be resubmitted with an explanation of why the grievant
was not satisfied with the OPM’s proposed resolution for the grievance.
(2) The District Operations Chief will examine the grievance, and if it is
found to be a matter within the exclusion of the negotiated grievance
procedure, he/she will so advise the aggrieved employee and inform the
grievant of the appropriate statutory grievance procedure. Otherwise,
he/she will attempt to resolve the grievance and will give a copy of
his/her written decision to the employee, the employee’s representative,
and to the appropriate Union Vice President within twenty (20)
calendar days after receiving the grievance.
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c. Step 3
(1) After receipt of the grievance decision, if either the grievant or the
Union is not satisfied with the decision of the District Operations Chief,
the written grievance may be submitted to the Chief of the Program
Support Division, Northwestern Division, within ten (10) calendar days.
(2) When the Chief of the Program Support Division, Northwestern
Division, receives the written grievance, he/she may meet with the
aggrieved employee and a Union official within ten (10) calendar days
after receipt of the grievance. The Chief of the Program Support
Division, Northwestern Division, will give a written decision to the
aggrieved employee, the employee’s representative, and the Union
President within thirty (30) calendar days after receiving the grievance.
d. Step 4
If this decision does not satisfy the Union, the Union may, within twenty
(20) calendar days after receipt of the grievance decision, submit a written
request to the Agency Labor Relations Officer for binding arbitration.
Only the Agency or the Union may request arbitration.
5.10 EXCEPTIONS TO THE STEPS OF THE GRIEVANCE
When it is mutually agreed by the parties that due to the formal nature of the
actions involved and the considerations already given to the grievant’s position
prior to the initiation of a grievance, it would serve no purpose to consider the
grievance at the first and/or the second steps, they may be waived and the parties
may proceed directly to the second and/or third step.
5.11 GRIEVANCE MEDIATION/ARBITRATION
By mutual agreement, grievances that have reached the step of submission to
arbitration may be processed through a mediation/arbitration procedure as follows:
A mutually agreed upon mediator/arbitrator shall be employed by the parties to
assist them in an attempt to resolve the grievance through mediated negotiations.
The time allotted for such negotiations will be agreed upon in advance of the
meeting. Should the parties fail to reach a negotiated settlement within the preagreed upon time limit, the issue will be then referred to the mediator/arbitrator for
his/her decision. Should the parties fail to agree upon a statement of the issue to be
decided, the mediator/arbitrator shall frame the issue and proceed to issue his/her
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decision within the agreed-upon time limit. As otherwise stated in the CBA, the
decision of the mediator/arbitrator shall be final and binding. Payment of the fees
and expenses of the mediator/arbitrator will be as provided in the arbitration
section of this agreement.
5.12 GRIEVABILITY/ARBITRABILITY QUESTIONS
Questions of grievability or arbitrability may be referred to arbitration as a
threshold matter. A question of grievability or arbitrability that is not raised in
writing within fifteen (15) days following the submission to arbitration will be
considered waived for arbitration purposes.
5.13 ARBITRATOR SELECTION
After the invocation of arbitration, the grieving party shall submit to the Federal
Mediation and Conciliation Service (FMCS) a request for a list of seven (7)
Arbitrators. The parties shall confer within ten (10) days after receipt of the list to
select an Arbitrator. If they cannot mutually agree upon one of the listed
Arbitrators, the Agency and the Union will each alternatively strike one (1)
Arbitrator name from the list, with the Union striking first, until one (1) name
remains. The remaining person shall be declared the Arbitrator.
5.14 ARBITRATION PROCEDURE
a. The selected Arbitrator shall arrange a mutually satisfactory time to hear the
grievance, at which time both parties shall appear and present testimony.
The Arbitrator will be in complete charge of the hearing.
b. The arbitration hearing will be held, if possible, at the grievant’s duty station
during regular day shift hours of the basic workweek, unless otherwise
agreed.
c. The employee participants (i.e., grievant or grievants, Union Representative,
Arbitrator authorized witness(s)) in the hearing will be in a duty and pay
status, but participants will not be entitled to overtime.
d. No transcript of the hearing will be made at the expense of both parties
unless mutually agreed by the parties in advance of the hearing.
e. The Arbitrator shall rule on all exhibits and evidence offered while at the
hearing.
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f. Unless otherwise agreed by the parties, the Arbitrator shall furnish a
complete report and award in writing to the Agency and the Union within
thirty (30) calendar days following the close of the hearing or within thirty
(30) calendar days of the mailing of post-hearing briefs, if a party wishes to
file a brief. The Arbitrator’s award shall be in writing and shall identify and
discuss all issues raised by the parties. The Arbitrator shall refrain from the
lengthy repetition or paraphrasing of the parties’ briefs or arguments.
g. Any dispute over the interpretation or application of the Arbitrator’s award
shall be returned to the Arbitrator for settlement, including remand of
awards.
h. The Arbitrator’s bill will be borne equally by both parties.
5.15 EXPEDITED ARBITRATION
a. After considering the complexity and importance of the issues involved, the
parties may mutually agree to submit any grievance to expedited arbitration
as outlined below.
b. The Arbitrator selected for an expedited arbitration will be requested to
convene a hearing within thirty (30) days after selection. No hearing
transcript will be allowed and no post hearing briefs will be permitted. The
Arbitrator may render his/her award orally at the hearing, in which case the
grieving party shall be required to tape record and transcribe the award and
provide a copy of the tape and transcription to the other party. In the event
of any disputes about the transcript of the award, the non-grieving party can
submit the question of the accuracy of the transcript to the Arbitrator.
Alternatively, the Arbitrator may render a written award, but not later than
ten (10) days after the date of the hearing.
c. The Arbitrator shall bear in mind that expedited arbitration should normally
last no more than a single day. The Arbitrator shall have full authority to
limit the parties in the presentation of evidence or witnesses.
d. The Arbitrator’s fee for expedited arbitration shall be borne equally by both
parties.
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ARTICLE 6
HOURS OF WORK
6.1 The Agency shall schedule work in accordance with 5 CFR 610. These
government-wide regulations contain definitions of a workweek and a tour of duty
and rules for the scheduling of work.
6.2 The parties recognize that due to the number and varying sizes of projects, it is
in their mutual interest to tailor hours of work and schedules to the needs at each
project. The parties’ interest is in maintaining flexibility to schedule hours of work
and tours of duty to satisfy mission needs, and allowing employees to plan and
control their work schedules so as to minimize disruption and inconvenience to
their personal lives.
6.3 Employees’ normally scheduled days off shall remain unchanged unless
otherwise agreed-upon by the Union or affected employee(s) or as otherwise
permitted by current statutory provisions.
6.4 Whenever conditions are such that work cannot be reasonably performed
during existing schedules, other schedules may be established by the Agency.
a. The Agency agrees to provide notice and an opportunity to negotiate, to the
extent required by law, when long-term changes in hours of work or tour of
duty are required. Changes lasting more than ninety (90) days will be
considered long term.
b. The Agency agrees to give two weeks advance notice for changes in hours
of work or tours of duty ranging from forty-five (45) days to ninety (90)
days.
c. For short-term conditions, only that work which cannot be reasonably
performed on the standard day shift may be performed on non-standard
shifts. A minimum of twenty-four (24) hours advance notice shall be given
employees for all temporary changes in work hours, except in emergency
conditions. Less than forty-five (45) days is considered short-term.
6.5 The Agency shall establish or change tours of duty at least two (2) weeks in
advance and shall announce such changes in writing, except where otherwise
permitted by government wide regulation (5 CFR 610.121).
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Exceptions may be as follows:
a. When the schedule provides for more operators than necessary to cover the
shift, the extra operators will be designated as “lap operators.” These “lap
operators” hours of work within the calendar day will be subject to change
only upon twenty-four (24) hours’ notice in advance of the new reporting
time.
b. Operators of the same grade may exchange shifts or tours of duty by mutual
agreement after receiving the approval of the Agency.
c. Changes to provide for the attendance at training assignments and scheduled
Union training as provided for in this agreement.
d. Changes to provide for participation in negotiation sessions, grievances, or
arbitration meetings.
6.6 Shift schedules will be established and/or changed at each project so as to
provide schedules that meet the needs of work operations and include the
expressed views of employees as nearly as possible consistent with Article 21 of
this agreement and 5 U.S.C. § 7106. Schedules will provide coverage of days and
shifts, i.e., number and grade of employees on a particular day shift or shifts as
determined by the Agency.
6.7 It is understood that each employee will be at his/her reporting station ready for
work at the scheduled starting time of each shift. It is also understood that the
movement of tools, toolboxes, workspace cleanup, and equipment maintenance are
considered work assignments to be done while the employee is in a duty status.
Personal cleanup and changing clothes by the conclusion of a shift shall be limited
to the final five (5) minutes of the shift, or as otherwise agreed-upon at each
project.
6.8 It is understood that the donning and doffing of Personal Protective Equipment
(PPE) and related activities thereto will be accomplished on duty time as defined
and provided by agreement, statute, or regulation.
6.9 COMPRESSED WORK SCHEDULE
a. On agreement between the Operations Project Manager (OPM) and the
Project Representative at each individual project, a 4-10s or 5/4-9
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compressed work schedule may be established in lieu of the standard
workweek. Selection of either schedule will be decided by a majority
preference of the employees in a poll taken by the Project Representative.
However, prior to establishing the compressed work schedule, the Project
Representative must have obtained the agreement of seventy-five percent
(75%) of the project bargaining unit employees. In the event that less than
seventy-five percent (75%) select the particular compressed workweek
schedule voted on, then the Project Representative can seek approval of the
other compressed workweek schedule. Start and stop time and weekdays
worked will be decided between the Agency and the Project Representative.
The parties will negotiate to the extent required by law. Operators may
select twelve (12) hour shifts as described below. All project bargaining unit
employees will work the same hours and days within the same project,
except that the Agency may assign individual employees to other schedules,
as necessary, and as noted in paragraph c. below.
b. At any time, if the Agency can demonstrate an adverse impact because of
the compressed work schedule, the OPM and the Project Representative may
negotiate a compressed work schedule different from the work schedule
which had previously been agreed to or a return to the standard 5-8s
workweek.
c. Personnel who are normally subject to a rotating shift shall be excluded from
the above provision. However, non-rotating operator shift schedule changes
may be implemented subject to a two-thirds (2/3) majority of the operators.
d. Only power plant operators can select a twelve (12)-hour shift and must
have seventy-five percent (75%) agreement of the affected employees. In
the event that less than seventy-five percent (75%) selected the particular
compressed work schedule voted on, then the Project Representative can
seek approval of the other compressed work week schedule. Start and stop
time and weekdays worked will be decided between the Operations Project
Manager and the Project Representative. The parties will negotiate to the
extent required by law.
e. Application of any compressed schedule programs will comply with
collective bargaining agreements, as illuminated in 5 U.S.C..
f. For all operator compressed schedules, the Operations Project Manager and
the Project Representative will negotiate, as required by law, a scheduling
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agreement to address possible changes in the rotation cycle due to changes
caused by a vacancy and/or vacancies in that group. This scheduling
agreement will be completed within six (6) months from the signing of this
agreement.
g. If a compressed schedule is established in accordance with this contract and
one or more of the operators is subsequently granted a personal or medical
hardship exemption, current law will prevail.
6.10 It is agreed and understood that the assignment of overtime work is the
function of the Agency. While overtime assignments will normally be distributed
among qualified employees, the Supervisor/Manager reserves the right to
determine when and by whom overtime will be performed. Normally, the
Manager will first give consideration to those employees currently assigned to a
job and second to those employees having special skills required by the overtime
assignment. When an employee requests not to work overtime and the supervisor
is able to find a suitable replacement without undue delay, the employee’s request
will be granted.
6.11 REST BREAKS
a. Rest breaks shall generally last fifteen (15) minutes, subject to the discretion
of the crew foreman. Rest breaks may also apply in overtime situations.
b. Rest breaks will normally be given, except at the discretion of the crew
supervisor when the work in progress will not allow it; or the crew
supervisor may alter the timing of the break for some or all of the crew.
c. If there is a rest area, or if a temporary rest area is established, which is in a
clean area and provides chairs and a table, no time in addition to the normal
break time will be allocated. If such area does not exist, travel time will be
added to the normal rest break. The parties recognize that there are areas
outside the powerhouse where access to the break room is not possible. In
those cases, the break will be taken at the work site.
d. Temporary rest areas must be subject to the mutual agreement of the parties.
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6.12 MEAL BREAKS
a. Meal breaks shall normally be at the middle of the shift and normally last for
thirty (30) minutes, exclusive of time involved getting to the nearest meal
area, if the meal area is not in the immediate vicinity of the employee’s work
area.
b. The parties recognize that for remote areas where access to the meal room is
not practical, meals will be taken at the work site.
c. When employees are required to perform overtime work immediately after
the end of their regular shift, they shall be excused for a thirty (30) minute
uncompensated meal break at the end of each four (4) hour overtime period
or as close to this time as the workload permits. No such break need be
taken if the majority of the employees assigned to the overtime agree to
continue working without it. If, at the end of the regular shift, the
anticipated duration of the overtime is two (2) or more hours, the employees
will be given the option of taking a thirty (30) minute or less uncompensated
meal break.
ARTICLE 7
JOB DESCRIPTIONS AND PERSONNEL FILES
7.1 Within a reasonable time before implementing a change in a job description of
a bargaining unit employee, the Agency will submit the change to the Union for
their comments.
7.2 Assignment of work to employees shall be generally consistent with their job
descriptions. The Agency agrees that the employee’s regularly assigned duties will
be reflected in his/her job description and that job descriptions will be reviewed
and modified, as necessary, on a regular basis to assure accuracy. While the
assignment of “other duties as assigned” to employees which are inappropriate to
their qualifications should be avoided, the right to assign such work shall be
reserved to the Agency in accordance with existing law.
7.3 Questions concerning job descriptions can be addressed to the employee’s
supervisor. Information on appeal rights may be requested from the Civilian
Personnel Advisory Center (CPAC) through the employee’s supervisor.
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7.4 Official personnel files will be available to interested employees. The
examination of the personnel file will be made in the presence of a CPAC
representative. It is understood that where disciplinary action is pending, the
affected employee or designated representative may request the personnel file of
the employee to assist in the preparation of his/her defense. Reasonable requests
by employees for copies of material will be granted without charge.
7.5 Any problems presented in writing concerning job descriptions or personnel
files will be answered in writing.
ARTICLE 8
ANNUAL LEAVE
8.1 The parties recognize and agree to the following principles applicable to annual
leave:
a. Employees shall accrue and be granted annual leave in accordance with
applicable regulations and this contract.
b. Annual leave is provided for two general purposes:
(1) To allow every employee an annual vacation period of extended leave
for rest and recreation; and
(2) To provide time off for personal and emergency purposes.
c. All employees will be treated fairly and equitably in the granting of annual
leave.
d. Consistent with the Agency’s mission and work load and the terms of this
agreement, every reasonable attempt will be made to satisfy employees’
desires with respect to annual leave approval.
e. Replies to annual leave requests will generally be provided in writing within
five (5) working days after the receipt of the request.
f. It is intended that all employees be permitted to take one (1) continuous two
(2) week vacation per year, to the extent they have accrued leave. Longer
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vacations may also be taken, subject to the provisions of this agreement.
(Special rules on the use of leave at single operator plants are described in
Section 8.8.)
8.2 If an employee requests annual leave for immediate use, such a request will
first be directed to the first-line supervisor. When an employee has made a
reasonable effort to notify that supervisor and cannot do so, the employee will
direct the request to an alternate supervisor or other designated alternate, as
prescribed in the operating procedures or other supervisory instruction. In
extraordinary circumstances, an employee may direct such leave request through
another person, but should not assume that the request will be routinely approved.
Unapproved absences may be the basis for disciplinary action.
8.3 All employees are required to submit a tentative annual leave schedule to
project management by 15 February of each year. The Agency shall make a
reasonable effort to post approved leave schedules within thirty (30) days after all
employee requests have been submitted. Except as provided in Section 8.8,
overtime will not normally be scheduled in order to provide scheduled annual
leave. Scheduled and approved annual leave will not be canceled solely to avoid
the payment of overtime (provided, in the case of single operator plants, that the
operator has an appropriate number of overtime coverage days to the employee’s
credit). Denial or cancellation of scheduled annual leave will be in writing and
will state the reason for denying or canceling the annual leave. The employee
cannot cancel or change the approved scheduled leave without Agency approval.
8.4 Annual leave may be used in one-quarter (1/4) hour increments and paid at the
rate of the shift that the employee would otherwise have been scheduled to work.
8.5 An approved absence which would otherwise be charged to sick leave may be
charged to annual leave on a current basis, if requested by the employee and
approved by the Agency.
8.6 An approved absence which would otherwise be charged to annual leave may
be converted to sick leave at the employee’s request, if the employee provides
administratively acceptable evidence to the Agency.
8.7 An operator should take annual leave during the operator’s scheduled day and
lap shifts.
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8.8 In order to ensure the accomplishment of work and the avoidance of overtime
at five (5) and six (6) operator plants, the Agency has established the concept of
overtime coverage days or hours at those locations, whereby employees may
obtain the opportunity to be excused on annual leave, even though such excusal
will result in the payment of overtime to another employee.
a. Five and Six Operator Plants on Eight (8) Hour Shifts
At single operator plants with five (5) or fewer operators of the same grade and
eight (8) hour shifts, each operator will be allowed four (4) overtime coverage days
each year for scheduled leave and two (2) additional overtime coverage days for
unscheduled leave. Up to two (2) unused overtime coverage days can be carried
over to the following year, but in no case may an employee accumulate more than
eight (8) overtime coverage days.
At single operator plants with six (6) operators of the same grade and eight (8)
hour shifts, each operator will be allowed one (1) overtime coverage day each year
for scheduled leave and one (1) additional overtime coverage day for unscheduled
leave. Up to two (2) unused overtime coverage days can be carried over to the
following year, but in no case may an employee accumulate more than six (6)
overtime coverage days.
If an operator who previously was covered under the five (5) operator provisions of
this Article moves to a six (6) operator environment, then he/she shall not be able
to accrue any more overtime coverage days if he/she is over the maximum of six
(6) days. If he/she carries more than six (6) days to the new environment, the
operator shall be allowed to maintain this number until they are used and then drop
to the maximum of six (6) days.
b. Five and Six Operator Plants on Twelve (12) Hour Shifts
At single operator plants with five or fewer operators of the same grade and twelve
(12) hour shifts, each operator will be allowed thirty-six (36) hours of overtime
coverage hours each year for annual leave. Up to twenty-four (24) unused
overtime coverage hours can be carried over to the following year, but in no case
may an employee accumulate more than sixty (60) overtime coverage hours.
At single operator plants with six (6) operators of the same grade and twelve (12)
hour shifts, each operator will be allowed twenty-four (24) overtime coverage
hours each year for annual leave. Up to twenty-four (24) unused overtime
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coverage hours can be carried over to the following year, but in no case may an
employee accumulate more than forty-eight (48) overtime coverage hours.
Except in emergencies, operators wishing to use overtime coverage days or hours
for unscheduled annual leave must request the leave at least twenty-four (24) hours
in advance.
In the event a request for unscheduled annual leave is prompted by an emergency,
where the operator has no overtime coverage days, the operator shall be entitled to
an advance of the overtime coverage day(s) or hours the operator will earn in the
following year.
ARTICLE 9
SICK LEAVE
9.1 SICK LEAVE PURPOSE AND USE
Employees have the right to use their sick leave when they are incapacitated from
the performance of their duties for such reasons as sickness, injury, or pregnancy.
Employees can also use sick leave for medical, dental, or optical appointments or
examinations, with prior supervisory approval. Employees may also use sick leave
under the Family and Medical Leave Act (FMLA) to give care to a family member
having an illness or injury, or to arrange or attend the funeral of a family member.
9.2 SICK LEAVE NOTIFICATION REQUIREMENTS
Normally, an employee who is absent for sick leave purposes will notify the
immediate supervisor prior to the beginning of his/her daily tour of duty, but in any
event, within two (2) hours after the beginning of the daily tour of duty. If the
employee is unable to contact the immediate supervisor, unless otherwise directed
in writing, the employee may leave a voice mail message identifying the reason,
anticipated duration of the absence, and a telephone number where the employee
can be reached. Exceptions to this time limit for notification of a supervisor will
be permitted only when individual circumstances clearly indicate the employee’s
inability to furnish such notification.
9.3 SICK LEAVE APPROVAL
Employees have a right to use sick leave, as needed, for proper reasons. The
Agency is required to grant sick leave to an employee who provides
administratively acceptable evidence that demonstrates the need for sick leave
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usage. Self-certification may satisfy this requirement. The supervisor may
disapprove sick leave usage in non-emergency situations or if an employee does
not submit administratively acceptable evidence. Sick leave usage of more than
three (3) consecutive workdays must be supported by medical and/or
administratively acceptable evidence. The supervisor may require medical and/or
administratively acceptable evidence at any time if the supervisor doubts the
validity or adequacy of the request. When the evidence does not justify the
approval of sick leave, the absence may be charged to annual leave with the
employee’s consent, Absent Without Leave (AWOL), or leave without pay. In
addition, if the employee is ill during a period of annual leave, the employee may
substitute sick leave usage contingent upon submission of administratively
acceptable evidence to the supervisor.
9.4 WHEN THE AGENCY MAY REQUIRE MEDICAL CERTIFICATION
When there is cause to believe that an employee may be abusing sick leave, the
supervisor may impose a requirement for medical certification on all sick leave
requests. Such a requirement will be in writing and inform the employee of the
specific information necessary in the medical certificate. Any counseling given to
the employee before issuance of the requirement shall be documented in writing,
and the employee shall be offered the opportunity to sign it.
ARTICLE 10
OTHER LEAVE PROVISIONS
10.1 ADMINISTRATIVE OR OTHER PAID LEAVE
With the Agency’s approval, employees may be excused from duty for short
periods of time without charge to leave or loss of pay, if operations at a project are
limited due to inclement weather conditions or similar circumstances beyond the
control of the Agency or the employees.
10.2 LEAVE WITHOUT PAY (LWOP)
Leave without pay (LWOP) may be granted by the Agency in accordance with
laws and regulation. Requests for LWOP stemming from personal emergencies
and other reasons cited in regulations will be considered consistent with applicable
statute and regulation, including the provisions of the Family and Medical Leave
Act (FMLA).
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10.3 LEAVE FOR DEATH IN FAMILY
The Agency will maintain a liberal leave policy in the case of death in the
employee’s immediate family, and may grant advance annual leave or leave
without pay (LWOP) in addition to any sick or other leave, in accordance with
applicable law and other regulation.
10.4 ADMINISTRATIVE LEAVE – BLOOD DONATION
When the Agency approves time for employees to donate blood, administrative
leave may be granted. Up to four (4) hours of administrative leave may be granted
for the donation and the associated travel and recuperation time.
10.5 JURY SERVICE – COURT LEAVE
An employee who is scheduled for a night shift and is compelled to perform jury
service or serve as witness (as outlined below) may be assigned to the day shift.
All employees will receive court leave for the periods otherwise properly excused
from the performance of duty while serving as juror or witness. Court leave is
only appropriate when a witness is in a non-official capacity on behalf of a state or
local government or is a witness in a non-official capacity on behalf of a private
party where one of the parties is the U.S., District of Columbia., state, or local
government.
10.6 MILITARY LEAVE
Up to fifteen (15) days of leave per fiscal year is available for employees who
participate in certain military activities under 5 U.S.C. § 6323. Protections for
employees who participate in such activities are found at 38 U.S.C. § 4311.
10.7 FAMILY AND MEDICAL LEAVE ACT (FMLA)
The Family and Medical Leave Act (FMLA) currently provides an employee up to
twelve (12) administrative workweeks of unpaid leave for certain family and
medical needs, as prescribed in 5 U.S.C. § 6381-6387. The government-wide
regulations are at 5 CFR 630.1201-1211.
10.8 NOTIFICATION OF LEAVE POLICIES
The Agency will provide updated and current information to employees on existing
leave policies or revisions as they occur.
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ARTICLE 11
MERIT PROMOTION AND PLACEMENT PLAN
11.1 The Agency shall follow the provisions of applicable laws and regulations
and, to the extent applicable to each promotion and placement action, the Civilian
Personnel Operations Center (CPOC) recruitment plan and the Agency’s merit
promotion and placement plan.
11.2 The Agency shall notify the Union when it submits a request to CPOC for the
purpose of filling a bargaining unit position. The Agency shall also notify the
Union of the name, position title, and project location of each person selected to a
bargaining unit position through the use of the CPOC recruitment plan.
11.3 The first list of best-qualified candidates referred to the selecting official shall
contain only bargaining unit employees. No additional candidates shall be referred
to the selecting official for ten (10) days after the initial list is provided.
ARTICLE 12
NEW EMPLOYEES
12.1 During new employee orientation at a project, the new employee will be
informed that the Agency has a collective bargaining (Union) agreement with the
United Power Trades Organization (UPTO), and that the employee has every right
to join or refrain from joining the Union. If the Project Union Representative is
available at that time, he/she will be introduced to the new employee at that time.
In any event, such introduction will occur at the first opportunity.
12.2 The Agency will provide the Union with a monthly list of new employees at
each project.
ARTICLE 13
OFFICIAL FACILITIES FOR EMPLOYEES
13.1 PARKING
The Agency shall ensure that parking facilities are well-lighted and maintained
reasonably free of ice, snow, and other hazards.
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13.2 LUNCHROOM FACILITIES
Duty Stations will maintain adequate lunchroom facilities separate from work
areas. Minimum adequate facilities include nearby hot and cold potable water,
microwave(s), and sufficient tables and chairs for employees.
13.3 COMPUTER USE
a. All bargaining unit employees will be supplied with an e-mail account.
Computers will normally be available on a daily basis for employees to
access e-mail or the internet for the purpose of conducting official business,
and bargaining unit employees shall comply with all applicable use policies
of the Agency. Employees may be permitted limited use of these resources
for unofficial reasons, subject to the policies of the Agency.
b. The Agency will monitor employee e-mail or internet usage in accordance
with its regulations and other legal requirements. Employees do not have a
right, nor should they have an expectation, of privacy when they use the
Agency’s facilities for e-mail or internet access.
13.4 EMPLOYEE ASSISTANCE PROGRAM (EAP)
Each District will maintain an Employee Assistance Program and include referral
services for individual and family counseling, alcohol rehabilitation, and smoking
cessation.
13.5 PERSONAL HEALTH AND FITNESS
The Agency may agree to pay an Agency-determined amount toward the cost of an
organizational membership in those health or fitness clubs with which the Agency
has contracted to encourage employee physical fitness and thereby reduce the
likelihood of on-the-job injuries. If both parties at a particular project determine
that access to health or fitness clubs is not available or is inconvenient, the
membership subsidy will not be available to the employees at that project. The
parties may then initiate negotiations at the project level over the acquisition, by
the Agency, of physical fitness equipment for bargaining unit employees.
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ARTICLE 14
OFFICIAL FACILITIES FOR THE UNION
14.1 The Agency will provide space on the individual projects to hold Union
meetings during non-duty hours.
14.2 Upon request, at each staffed project site, the Union will be provided
reasonably equipped space, which may include a dedicated computer, when
necessary for private discussions or consultation with bargaining unit members on
representational matters. Space will also be provided for a Union-furnished file
cabinet for Union use. If dedicated space is provided, the Union will also be
provided adequate furniture. All supplies and materials used by the Union in its
representational function will be provided by the Union.
14.3 Where available, the Union is allowed access to Agency communications
systems for representational purposes, including access to e-mail and a computer
with LAN access, provided the usage does not incur any additional usage fees to
the Agency and complies with all other policies for use of these systems. Agency
telephones will not be used for any purposes related to internal business of the
Union. Union use of Agency telephones shall be subject to the managerial needs
of the Agency.
14.4 The Agency shall provide reimbursement to Union officials at the rate
established for official travel for the use of personally owned vehicles on official
time or in connection with the use of official time for representational duties. This
entitlement applies only to the Union President and the four (4) District Vice
Presidents. Travel which involves mileage reimbursement is limited to the District
served by the Vice President or, in the case of the Union President, the Agency.
14.5 The Agency agrees to make space available in an appropriate place for
bulletin boards for the posting of Union notices of meetings, recreational or social
affairs, elections, results of elections, or other appropriate literature. The Union is
fully and solely responsible for the posted material. All costs incident to the
preparation, reproduction, and distribution of such material will be borne by the
Union. The Union agrees to maintain the bulletin board in a neat and orderly
manner. A notice, with wording as follows, will be posted on the Union bulletin
board: “This bulletin board is furnished for the convenience of the Union. The
Union is solely responsible for the material posted. The Agency does not vouch
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for the authenticity or accuracy of the information. The posting of material on this
bulletin board does not necessarily constitute endorsement by the Agency.”
14.6 The Agency agrees to furnish to the Union Secretary by 30 June of each year,
and if requested not more than one (1) other time each calendar year, a master list
of all employees in the bargaining unit showing name, position, title, grade, and
official duty station. Such information will be handled and treated as internally
privileged employee information and will be used solely for the Union’s
representational needs and purposes.
14.7 The internal mail service of the Agency shall be available for use by the
Union. This will include routing through the District Office and to all projects.
Material to be mailed will be limited to representational material and
communication with the Agency and will not include internal Union business.
14.8 The Union will be provided the use of copy machines. All material to be
reproduced on Agency-owned reproduction equipment will be cleared through the
Administrative Officer or a designated representative, and will be limited to
representational material and communication with the Agency and will not include
internal Union business. All paper used for copying purposes shall be provided by
the Union.
14.9 Subject to the provisions above on the use of telephone lines, the Union shall
have access to Agency-owned FAX machines, where available. Such use shall be
reasonable in terms of the time used and the amount transmitted or received.
ARTICLE 15
OFFICIAL TIME
15.1 Union officers and representatives will be allowed official time for
representational and contract administration activities and Union-sponsored
training as follows:
a. Union President, twelve hundred (1200) hours per year.
b. Project Representatives and the four (4) Vice Presidents, a total of five
hundred (500) hours each year.
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c. Six hundred (600) hours total for all Union Representatives and Officers for
training each year.
15.2 Official time as allowed above is to be used by Union Representatives for
representational purposes and contract administration purposes, such as:
a. Review and preparation of correspondence with the Agency which is related
to the administration of this agreement;
b. Investigation and processing of grievances;
c. Attendance at formal discussions and at investigatory meetings;
d. Meetings with the Agency to discuss conditions of employment;
e. Preparation of proposals;
f. Service on any committees in an official Union capacity;
g. Preparation and participation in arbitration, Merit Systems Protection Board
(MSPB) hearings, unfair labor practice, and Equal Employment Opportunity
Commission (EEOC) proceedings;
h. Other meetings and activities which the Agency and the Union agree are
mutually beneficial; and
i. Travel in connection with the foregoing activities, if approved in advance by
the Agency.
15.3 With prior approval of a Union Officer’s/Representative’s supervisor and/or
Operations Project Manager, the Union Officer/Representative may use official
time to perform his/her representational duties at locations other than at his/her
assigned duty station, such as a home or union office.
15.4 Requests for use of official time for representational and contract
administration purposes shall be submitted in writing and in advance to the Union
Representative’s immediate supervisor, and shall specify the purpose of the
proposed use and the estimated amount of time to be used. Approval or
disapproval by the supervisor/Agency shall be noted on the Union’s request and
shall not constitute approval of travel time unless specifically noted. However, on27
duty travel may be granted to a District Union Vice President, or his/her designee,
if acting in lieu of a Project Representative or alternate at a project, as described in
Article 24.3. Workload permitting, the supervisor will grant the request for
representational duties by the Union Representative, or a mutually acceptable
alternate time will be established.
15.5 Official time for training on the administration of this contract and other
mutually beneficial purposes must be requested at least two weeks prior to the
proposed training and is subject to the Agency’s approval of the agenda and stated
purpose.
a. Examples of training that are of mutual benefit are contract negotiation and
administration, grievance processing and information relating to relevant
Federal personnel/labor relations laws, regulations, and procedures.
b. The Agency will make timely decisions regarding requests for official time
or leave for Union training in advance of the date or dates of the training,
reserving the right to change that decision if there are compelling and
overriding work exigencies.
c. The Agency will not disapprove training on official time solely because a
Union Representative has attended like or similar training in the past.
15.6
Travel on official time will be allowed for the:
a. President for attendance at arbitration hearings, mutually agreed upon
meetings with the Agency, and approved training for Union Representatives.
b. Vice Presidents for attendance at arbitration hearings within their Districts,
mutually agreed-upon meetings with the Agency, and approved training for
Union Representatives.
c. Project Representatives for mutually agreed upon meetings with the Agency
and approved training for Union Representatives, but only incidental same
day travel.
15.7 Approved use of official time shall be recorded on the Union Representative’s
timesheet.
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15.8 The Agency Labor Relations Officer shall provide the Union President a
quarterly accounting of the use of Union time at all projects.
15.9 Union Representatives who are to be absent on Union business which does
not qualify for official time usage may request leave without pay (LWOP). Such a
request will be subject to the Agency’s approval.
ARTICLE 16
PREMIUM PAY
16.1 The rate schedule, which currently applies to employees, provides that
overtime will be paid at twice (2X) the normal rate of compensation. This will not
be changed except as may be required by a law or government-wide regulation.
16.2 Employees may elect compensatory time for overtime work, consistent with
the non-coercive provisions of 5 CFR 532 and with Agency approval.
16.3 The basic pay and types of premium pay for bargaining unit employees are
established each year by the Department of Defense Civilian Personnel Advisory
Service Wage and Salary Division (WSD). The law that confers this authority on
the WSD is Public Law 97-257, enacted in 1982. That law provides that
bargaining unit employees shall be paid wages, as determined by WSD, to be
consistent with wages of the Department of Energy and the Department of the
Interior employees performing comparable work in the corresponding area.
16.4 For work which is a continuation of a regular shift, either at the start or at the
end of the shift, the employees shall receive overtime pay for the actual time
worked.
16.5 For work outside of a regular shift and which is not covered as a continuation
of a shift, an employee shall receive a minimum of two (2) hours at the applicable
rate, even though the actual work is less than two (2) hours.
16.6 The parties recognize that, under existing law, they cannot create or rescind
an entitlement to basic pay or premium pay. However, where such an entitlement
exists, it will be administered in accordance with applicable law and regulations.
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ARTICLE 17
PERFORMANCE APPRAISALS
17.1 The parties recognize the Agency’s responsibility to establish and periodically
review and revise performance counseling/checklist/records. When a
checklist/record is to be established or revised, the supervisor shall meet with the
affected employee to review it. Performance standards should be consistent with
the duties and responsibilities of the position. After considering the view of the
employee, a decision on the checklist/record shall be made by the Agency. A copy
of the approved performance checklist/record will be given to the affected
employee. The supervisor will review the performance plan annually with the
employee and communicate, if requested, types of performance which would be
indicative of “fails” or “excellence.”
17.2 All employees will be given a reasonable opportunity to achieve the
performance standards. Performance standards shall be fairly, equitably,
objectively, and uniformly applied for like duties in like circumstances and shall be
reasonably related to the duties set forth in the position description. Performance
standards shall be objective to the maximum extent feasible and shall provide
incentives for superior performance.
17.3 Employees will receive an annual performance rating. The rating of record
will not be communicated to employees before approval of the performance rating.
Communication about appraisal of performance will occur between a supervisor
and an employee prior to determination of a rating of record. Further, this does not
preclude written comments on performance appraisals prior to final signature by
the approving official. Employees will sign and date as having received the
appraisals after they have been signed and dated by the approving official. The
employee will then receive the original copy. Written comments will remain intact
with the performance rating.
17.4 To provide for adequate opportunity for an employee to meet performance
standards, there must be at least one hundred and twenty (120) days between
receipt of the performance plan and the end of the rating period. When a
performance rating cannot be completed at the end of the rating period, the rating
period will be extended.
17.5 The rating supervisor is normally the employee’s immediate supervisor, who
prepares the employee’s written performance plan and rating. The employee’s
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performance rating may be prepared based on the supervisor’s direct observation
and/or information from other sources.
17.6 The supervisor will discuss the employee’s job performance with the
employee, in private, at the mid-point of the employee’s rating period. At that
time, the supervisor shall communicate to the employee the progress toward
achieving the performance standards. If necessary, the supervisor will suggest
ways for the employee to improve the quality of work in order to more
satisfactorily perform duties at expected levels.
17.7 An employee performing at an unacceptable level shall be notified and given
at least ninety (90) days to improve before adverse action is proposed. If this
determination is made during the appraisal cycle the employee will be informed of
the specific performance standard that is not being met and the necessary
improvement that must be made during the opportunity period. If necessary, the
annual appraisal shall be delayed sufficiently to allow completion of this
opportunity period.
ARTICLE 18
REDUCTIONS IN FORCE
18.1 The Agency shall follow the provisions of applicable laws and regulations
governing Reductions in Force (RIFs), and will bargain appropriate arrangements
and procedures to the extent required by law.
18.2 When there is an impending RIF, the Agency shall notify the Union as far in
advance as practicable. To the extent the information is available, this notification
will include the grade levels and the numbers of bargaining unit positions to be
abolished, the proposed date, and the reason for the action.
18.3 Demotions and removals due to RIFs are not grievable or arbitrable under this
agreement. Instead, they are appealable to the Merit Systems Protection Board.
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ARTICLE 19
RIGHTS AND RESPONSIBILITIES OF THE EMPLOYEES
19.1 STATUTORY RIGHTS - UNION MEMBERSHIP
a. Employees are protected, freely and without fear of penalty or reprisal, to
exercise their right to form, join, or assist any labor organization or to refrain
from any such activity. The freedom of such employees to assist any labor
organization shall be recognized as extending to participation in the
management of any such organization and acting for it in the capacity of an
employee organization representative, including presentation of its views to
officials of the Executive Branch, the Congress, or other appropriate
authority.
b. Nothing in this agreement, or any supplemental, implementing, subsidiary,
or informal agreement, shall require an employee to become or remain a
member of a labor organization, or to pay money to the labor organization,
except pursuant to Article 25 of this agreement.
19.2 FAIR TREATMENT
In an atmosphere of mutual respect, all employees shall be treated fairly and
equitably in the application of the provisions of this contract.
19.3 RESPECT FOR EMPLOYEE PRIVACY
a. When supervisors or Agency officials have personal discussions with
employees regarding their conduct or deficient performance, such
discussions will be held in private, and the employee will be advised if
potential discipline is contemplated by the manager/supervisor.
b. If an employee is to be served with a warrant or subpoena, it will be done in
private, insofar as is practical.
19.4 OFF-DUTY CONDUCT
a. Employees have the right to conduct their private lives as they see fit, with
the understanding that certain kinds of off-duty misconduct may serve as the
basis for disciplinary action, should there be a nexus between an employee’s
32
off-duty misconduct and his/her official duties or status as a Federal
employee.
b. Reprisal for exercising any right under law, regulation, or this contract, or
for serving as a witness or participant in any proceeding arising from the
exercise of such right, is a violation of this contract.
19.5 EMPLOYEE REPRESENTATIONAL RIGHTS – WEINGARTEN
The Agency will notify bargaining unit employees, annually, of their right to
representation during an investigatory examination. When an employee
reasonably believes the examination may result in disciplinary action, he/she may
request Union representation. When the employee requests representation, the
examination shall be postponed a reasonable time to allow for the presence of a
Union Representative.
19.6 EMPLOYEE RIGHT TO DUTY TIME FOR CERTAIN PURPOSES
a. Employees who are not Union Representatives will be provided a reasonable
amount of duty time, if otherwise in a duty status, for activities to include
the following:
(1) Preparing or presenting grievances under this agreement;
(2) Providing information in connection with the investigation of a
grievance or unfair labor practice charge;
(3) Serving as a witness in a grievance or arbitration hearing;
(4) Preparing a written reply or making an oral reply to a notice of
proposed adverse action;
(5) Participation in meetings related to this agreement at the request of the
Agency.
b. Employees may be authorized to travel in connection with the foregoing
activities if approved in advance by the Agency.
c. Employees and their personal representatives in proceedings outside this
agreement are entitled to reasonable amounts of duty time as prescribed in
the law, rule, or regulations governing such proceedings.
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19.7 SIGNATURE REQUIREMENTS FOR TIME AND ATTENDANCE
a. If requested by the Agency, the employee will certify that his/her regular
hours, leave hours, and overtime hours worked within the pay period are
accurate.
b. The Agency will provide a reasonable amount of time for bargaining unit
members to review their time and attendance records.
c. Discrepancies that are discovered during the employee’s review should be
noted and reconciled with the timekeeper and the supervisor as soon as
possible.
d. The employee is not certifying CEFMS numbers.
19.8 USE OF GOVERNMENT TRAVEL CARD FOR TEMPORARY DUTY
All bargaining unit members will comply with Army policy regarding the use of
Individually Billed Accounts for transportation costs related to temporary duty
(TDY) travel. Bargaining unit members not meeting the requirements for a
government travel card will be allowed to use the centrally billed account to
purchase airline and train tickets until they are issued a travel card.
ARTICLE 20
RIGHTS OF THE AGENCY
The Agency retains its rights as described in 5 U.S.C. § 7106.
a. Agency Rights
(1) to determine the mission, budget, organization, number of
employees, and internal security practices of the Agency; and
(2) in accordance with applicable laws:
(a) to hire, assign, direct, lay off, and retain employees in the Agency,
or to suspend, remove, reduce in grade or pay, or take other
disciplinary action against such employees;
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(b) to assign work, to make determinations with respect to contracting
out, and to determine the personnel by which agency operations
shall be conducted;
(3) with respect to filling positions, to make selections for appointments
from:
(a) among properly ranked and certified candidates for promotions; or
(b) any other appropriate source; and
(4) to take whatever actions may be necessary to carry out the Agency
mission during emergencies.
b. Nothing in this section shall preclude the Agency and any labor organization
from negotiating:
(1) at the election of the Agency, on the numbers, types, and grades of
employees or positions assigned to any organizational subdivision,
work project, or tour of duty, or on the technology, methods, and means
of performing work; or
(2) procedures which Agency officials will observe in exercising any
authority under this section; or
(3) appropriate arrangements for employees adversely affected by the
exercise of any authority under this section by such Agency officials.
ARTICLE 21
RIGHTS OF THE UNION
21.1 The Union has the right to organize the bargaining unit and to designate
representatives of their choosing for the purpose of collective bargaining, the
prosecution of grievances, and employee-agency relations without fear of restraint,
interference, coercion, or discrimination.
21.2 The Union shall be given the opportunity to be represented at formal
discussions between the Agency and employees or employee representatives
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concerning grievances, personnel policies, practices, and other matters affecting
general working conditions of the employees in the unit.
21.3 The Union, as the exclusive representative, is responsible for representing the
interest of all employees in the unit it represents without discrimination and
without regard to labor organization membership. This responsibility extends only
to those matters in which the Union is the exclusive representative for collective
bargaining, and grievance and arbitration processes. The Union is not required to
represent or assist employees in any other matters, such as proposed disciplinary or
adverse actions, Merit System Protection Board (MSPB) appeals, Agency Equal
Employment Opportunity complaints, Worker Compensation claims, and other
appeal procedures. Employees with questions regarding the Union’s obligation of
fair representation may contact their Project Representative.
ARTICLE 22
SAFETY AND HEALTH
22.1 GENERAL
The Agency and the Union recognize an affirmative obligation to do all that is
reasonable to maintain a safe and healthy working environment for employees,
consistent with Occupational Safety and Health Administration (OSHA)
regulations. Likewise, the bargaining unit employees are expected to use all
reasonable precautions to consider the safety of themselves and others of the
highest priority.
22.2 WORKING SAFELY
a. The Agency is under a duty to:
(1) Provide a safe place to work.
(2) Provide safe machinery, tools, and equipment.
(3) Provide instructions and warning of dangers.
(4) Provide reasonable rules to promote safety.
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(5) Provide information to employees on the hazards to which they may be
exposed, in accordance with applicable law and regulations.
(6) Provide a washer and dryer at each manned project for the employee’s
use of laundering employees’ occupational clothing. Mainstem projects
(i.e., Chief Joseph, McNary, The Dalles, John Day, and Bonneville)
shall have two washers and two dryers. Laundry soap, fabric softener,
and bleach will be provided by the Agency at each project.
b. Each employee is under a duty to:
(1) Operate machinery, tools, and equipment in an attentive and safe
manner.
(2) Immediately report safety hazards to immediate supervisors.
(3) Correct safety hazards, if possible.
(4) Promote the safety program of the Agency.
22.3 WORK ATTIRE
Employees shall wear clothing and apparel suitable for weather and work
conditions, and that prevent exposure to known or expected hazards. Standard
work attire will include full length pants and shirts with full length sleeves to the
extent required by OSHA or Agency [HQ] standards. Standard work attire,
including undergarments, shall be made from non-melting or untreated natural
fiber.
22.4 PERSONAL PROTECTIVE EQUIPMENT AND SAFETY EYEWEAR
AND FOOTWEAR
a. Employees who are required by the Agency to wear Personal Protective
Equipment (PPE) shall be provided with those items and necessary
replacements, as prescribed in appropriate regulations such as EM 385-1-1,
its current equivalent, or Agency policies. In the event that the Agency’s
policies concerning PPE change during the term of this collective bargaining
agreement, the Union will have the right to negotiate such changes to the
extent permitted under the statute.
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b. Current Agency, District, and project-established policy and practice
regarding Agency purchases or allowances for required safety eyewear and
footwear shall be continued.
22.5 CONTAMINATED CONDITIONS
Where special contaminated conditions, as defined by law, rule, or regulation, exist
and employees are required to wash, change clothing, or take other special
precautions, proper protective clothing, adequate cleanup, and disposal facilities
will be provided for these activities in accordance with EM 385-1-1 or its current
equivalent. A sufficient amount of duty time will be provided for these activities.
22.6 PROBLEM RESOLUTION
The parties recognize that safety issues/questions arising under this Article are to
be resolved as soon as practicable. Accordingly, safety issues will be raised by
concerned employees at the first available opportunity with their supervisor and
may be presented to the project safety committee through the Union
Representative. Clarification of the meaning of any term or concept should first be
sought from the Agency before a grievance can be filed on the interpretation of the
Safety Manual.
22.7 ADDRESSING AN UNSAFE CONDITION
The employee has the right to decline to perform an assigned task because of a
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. However, such declination may be the basis for
disciplinary action if subsequent review by the Agency does not support the
employee’s decision.
22.8 MEDICAL EVALUATIONS
The Agency shall provide for work-related medical evaluations and environmental
testing for workplace hazards in accordance with applicable laws and regulation
(e.g., 5 CFR. Part 339). Unless prohibited by law or government-wide regulation,
employees will be furnished complete copies of all physical exam and test results
upon written request.
22.9
INJURY COMPENSATION
a. All accidents and injuries, regardless of severity, must be immediately
reported to the supervisor, or, in any event, as soon as an employee is aware
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that an illness or injury has occurred. On-the-job injuries should be reported
in writing on a Form CA-1 to the supervisor on the same working day the
injury occurs or is known by the employee.
b. If an employee requires medical treatment because of an on-the-job injury,
the supervisor should promptly complete the front of Form CA-16. In an
emergency, the Agency may authorize medical treatment by telephone and
then forward the completed Form CA-16 to the medical facility. The Form
CA-16 is for immediate medical treatment. The Agency may refuse to issue
a CA-16 if more than a week has passed since the injury, on the basis that
the need for immediate treatment would normally have become apparent in
that period of time.
c. Any occupational disease should be reported on Form CA-2.
d. Compensation Claim forms will be submitted in accordance with Office of
Workers’ Compensation Program requirements.
22.10 RETURN TO DUTY STATUS
a. When a physician’s report indicates that an employee who incurred an onthe-job injury is not totally disabled from duty, the Agency will make every
effort to assign light or limited duty if:
(1) Work is available to be done; and
(2) The work to be done is consistent with the medical release which is
provided to the Agency.
b. If the Agency assigns light or limited duty, the employee is required to
accept any reasonable offer of light or limited duty, as described in
22.10.a.(2) above.
c. The reinstatement of injured workers will be in accordance with current
regulations in effect at the time of the injury.
22.11 DRUG AND ALCOHOL ABUSE
a. The Agency and the Union recognize that the use of alcohol or illegal
substances or the improper use of prescribed medications will potentially
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have a deleterious effect upon the safety of individuals and equipment.
Accordingly, the Agency and the Union jointly condemn any use of alcohol
on the job or the use of illegal substances or the improper use of prescribed
medications at any time.
b. It is every employee’s obligation to be familiar and comply with the
provisions of the Agency’s Drug Free Workplace Program, as agreed by the
parties 31 January, 2007.
c. Any employee use of illegal substances or improper use of prescription
medications or use of alcohol on the job will result in discipline.
ARTICLE 23
TRAINING
23.1 It is mutually agreed that the Hydroelectric Power Training Program is of
vital interest to the Agency and the Union. The objective of the program is to
provide organized on-the-job and classroom training to qualified employees to
develop skilled journeymen and potential leaders in trade areas which have
particular application on Corps projects.
23.2 The Agency agrees to recognize the joint management-labor review
committee of not more than seven (7) members. Both the Districts and the Union
will be represented by one (1) member from each district on this committee, plus a
chair who will always be from the Division. This committee shall have the right to
review training programs affecting employees in the bargaining unit for the
purpose of assisting the Agency in insuring the continuing effort to strengthen and
improve the training program. It is further agreed that the committee and
appropriate representatives shall meet at the call of the chair and fifty percent
(50%) of the members of the current committee. The committee shall meet at least
once a year but not more than four (4) times a year, unless there is unanimous
committee approval.
23.3 The Agency agrees that trainees will normally be assigned to an instructor,
supervisor, skilled journeyman, or other qualified personnel for work experience
training. The Agency and the Union agree that trainees may be assigned to
journeyman level work for training purposes. Assignments will normally be made
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to expose trainees, each year, to a variety of jobs of increasing complexity and
responsibility.
23.4 All textbooks assigned by the Agency to be used by bargaining unit trainees
for classroom instruction or study shall be furnished by the Agency.
23.5 The Agency will present to the trainee an outline of on-the-job training for the
current training period no later than the third week of that six (6) month training
period. However, the Agency retains the right to change the schedule or assign
work to take advantage of on-the-job training opportunities or accomplish needed
work.
23.6 When an employee is appointed to another position or when new equipment is
installed or new procedures implemented, appropriate training, as determined by
the Agency, will be provided.
23.7 The Agency will determine the organizational needs for training, the specific
training opportunities necessary to meet those needs, and the assignment of
employees to training, with due consideration for employees’ current skills,
abilities, and other work-related factors.
23.8 The Agency shall publicize that self-development opportunities are available
to employees and that financial support may be available for such training. The
publicity will be provided periodically during the year through normal distribution
channels.
ARTICLE 24
UNION OFFICIALS AND PROJECT
REPRESENTATIVES
24.1 Union Officers and Project Representatives shall be designated by the Union
and shall be recognized as employee Representatives. An up-to-date list of Project
Representatives and Officers will be supplied to the Agency and posted to bulletin
boards at the various projects. Unless included on this up-to-date listing,
employees will not be entitled to official time under the provisions of this
agreement.
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24.2 Project Representatives
a. Any employee within the bargaining unit has the right to seek the assistance
of the Project Representative.
b. Project Representatives shall have access to the projects during working
hours for the purpose of assisting employees.
24.3 The District Vice President (or someone designated by the Union) will be the
point of contact for a project without a representative or alternate in regards to
Weingarten meetings, formal meetings, I&I bargaining, and other such Agencyinitiated contacts. This Article in no way restricts the Union’s right to designate
anyone to perform any representational task at any level nor to receive official time
in accordance with Article 15 to accomplish Union assigned representational
responsibilities.
24.4 The Agency will provide to the Union a current list of designated Agency
representatives, telephone numbers, and duty locations.
ARTICLE 25
VOLUNTARY ALLOTMENT OF
UNION MEMBERSHIP DUES
25.1 Allotments for Union dues must be authorized on Standard Form (SF) 1187,
which is available to the Union from the Government Printing Office, Washington,
D.C. The Union is responsible for obtaining the prescribed allotment form,
distributing the form to its members, certifying as to the amount that is due, and
delivering the completed forms to the servicing District Human Resources Office
for forwarding to Defense Finance and Accounting Service (DFAS). This
solicitation of Union dues is considered internal Union business and will be
conducted during non-duty time.
25.2 The initial amount of dues to be withheld shall remain unchanged until the
Union certifies to DFAS that the amount of dues was changed for a particular
member, or members, showing the specific amounts of the new deduction. Such
changes will not be made more frequently than once (1) each twelve (12) months,
measured from the date of the first change made by the Union. Notification of
dues changes must be received by DFAS prior to the beginning of the pay period
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for which the change is effective. Union dues will not be withheld when an
employee’s net salary for the pay period involved is insufficient to cover the dues
after other legal and required deductions have been made.
25.3 The Union will designate in writing to DFAS the specific Officer of the Union
authorized to receive such remittances of dues money and to effectuate the dues
changes. This designation may be changed by subsequent written notice at least
fifteen (15) calendar days prior to the effective date of the designation.
25.4 Participating employees may voluntarily revoke their allotments for Union
membership dues after one (1) full year of such allotments, provided the employee
submits the form SF 1188 to the Project Administration Office during the window
seven (7) days before the anniversary of the date that employee’s initial allotments
were started. Following the first year of such allotments, the employee may
voluntarily revoke their allotments for Union membership dues effective on the
first pay period in the next January, provided the employee submits the SF 1188
during an open season window of 15 November through 15 December. Thereafter,
such revocation will be effective the first pay period in the following January
provided the SF 1188 form is received during an open season window of 15
November through 15 December. Forms received by the Agency from employees
outside the open season window will be returned to the employee without action.
The SF 1188 to revoke dues can be obtained from the Project Administrative
Officer and must be submitted to the Project Administrative Office, which will
forward it to the District Labor Relations Specialist or designee. A copy will be
sent to the Union Treasurer.
25.5 An allotment for a participating member will be terminated upon separation,
transfer, or removal from the unit. Such termination of allotment will be effective
upon the date of the exclusion from the unit, except that the full amount of the
deduction will be made for the pay period during which the transfer takes place.
25.6 The Union will promptly notify DFAS in writing when a participating
member is expelled from the Union or ceases to be a member in good standing. If
the notice is received too late to be terminated at the immediate pay period, the
Union will accept the allotment of the former member and be responsible for any
reimbursement due.
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ARTICLE 26
PRINTING AND DISTRIBUTION
OF AGREEMENT
26.1 The Agency shall print and furnish to the Union seven hundred (700) copies
of this agreement. The Union will furnish the copies to all bargaining unit
members and to all new employees. The Union will bear the cost of printing
additional copies.
26.2 This agreement shall be printed in a convenient, pocket size format. The
covers shall be of durable stock with the effective date shown on the front.
ARTICLE 27
PAST PRACTICES
Laws, government-wide regulations, and this agreement take precedence over past
practices. Existing and future working conditions which are not inconsistent with
this agreement or law and are established through past practice will be treated for
all purposes as if they are incorporated into this agreement and may only be
modified or terminated through the exercise of the collective bargaining process.
ARTICLE 28
EFFECTIVE DATE,
DURATION OF THE AGREEMENT,
AND BARGAINING GROUND RULES
28.1 EFFECTIVE DATE
This agreement will be implemented and become effective when it has been
signed by the parties and submitted to the Agency head, and reviewed and
approved pursuant to Section 7114(c) of 5 U.S.C. Chapter 71.
28.2 DURATION OF AGREEMENT
a. This agreement shall remain in full force and effect for a period of three (3)
years after its effective date. Thereafter, it shall be automatically renewed
for a one (1) year period unless either party gives the other party written
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notice of its intention to renegotiate this agreement no less than sixty (60)
nor more than one hundred five (105) days prior to any termination date. If
either party has given notice of intent to renegotiate this agreement, the
provisions of this agreement shall remain in full force and effect until such
time as a new agreement is approved.
b. The parties agree that two weeks (14 calendar days after postmark) after
notice from the notifying party, the notifying party shall submit proposals
representing the notifying party’s intended revisions to the existing
agreement.
c. The party receiving notice must respond with their proposals to revise the
existing agreement within forty-five (45) days from postmark date of
notifying party’s proposals.
d. No new subject matter proposals will be introduced after the initial
exchange, unless mutually agreed.
e. Negotiations shall commence no later than forty-five (45) days from the
postmarked date the party receiving notice responds with their proposals or
no later than one hundred twenty (120) days from the date the notice of
intent to renegotiate was received, whichever is earlier.
28.3 CONTRACT BARGAINING GROUND RULES
The parties agree that the following ground rules will be used to negotiate the
successor agreements:
a. Negotiations between the Agency and UPTO will be held in Portland,
Oregon at a place agreed upon by the parties. If there is any cost incurred
for the meeting facilities, such expense shall be borne equally by the parties.
b. The Agency agrees to adjust the work schedule for each UPTO negotiation
team member and provide official time for travel on the Sunday immediately
preceding the negotiations in the amount of time required to reach the
negotiation location in Portland. During the week of negotiations, the UPTO
team members will be on a 5-8s work schedule, and face-to-face
negotiations will be conducted from 0800 to 1200 and from 1300 to 1700
Monday through Thursday. On Friday, the UPTO team members will be
provided eight (8) hours of official time for preparation and/or travel time.
The eighty (80)-hour pay period for the UPTO negotiation team members
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will be adjusted by the Agency to accommodate this schedule to ensure that
the UPTO team members are paid a total of at least 80 hours regular time for
the appropriate pay period.
c. The members of the UPTO negotiating team who are Northwestern Division
employees and are present in the negotiating session shall be on official time
during the negotiation sessions. The number of UPTO negotiating team
members on official time will not exceed the number of individuals
designated as representing the Agency in negotiation sessions.
d. Subject matter specialists may be invited by either one of the parties to
clarify issues within their field of expertise. Any payment for time and/or
travel and per diem will be the obligation of the inviting party.
e. UPTO alternates, if Northwestern Division employees, will be entitled to
official time only for the time they replace an UPTO negotiator and/or for
the time spent in preparation, pursuant to this agreement. Travel and per
diem for alternate UPTO negotiators will be the same as the entitlement of
the negotiator they replace.
f. A list of the initial negotiators and alternates for UPTO and the Agency will
be furnished to the other party not less than thirty (30) days prior to the first
negotiation session.
g. The Union shall be entitled to utilize a bank of one hundred forty (140)
hours of official time in order to prepare for the negotiations prior to the
commencement of the negotiations. No official time allocated under these
ground rules shall be charged against the official time bank provided in
Article 15.1. In connection with preparation for negotiations, the Agency
agrees to reimburse up to three UPTO representatives for their reasonable
travel and per diem expenses in accordance with governing travel
regulations for one two-day round trip to Spokane, Washington or another
location mutually agreed upon.
h. Upon completion of negotiations, including all impasse procedures, UPTO
ratification vote, and approval of the agreement by the designee of higher
headquarters as provided in 5 U.S.C. § 7114(c), or expiration of the thirty
(30) day Agency review period, the agreement will become effective.
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i. As to negotiability determinations which have been appealed, the parties will
meet again to continue negotiations within thirty (30) days after a ruling
from the Federal Labor Relations Authority . Any official time and travel
reimbursement still available to the Union (i.e., not previously used) under
these ground rules may be used for those continuing negotiations.
j. The Agency shall ensure that a complete copy of the collective bargaining
agreement (less negotiability issues) is ready for the signatures of the
Division Commander and the UPTO President within five (5) working days
from the completion of the Union ratification vote, if the contract is ratified.
The Agency’s thirty (30) day review period under 5 U.S.C. § 7114(c) begins
to run on the date the Division Commander signs the agreement.
k. Each of the parties shall designate a chief negotiator with full authority to
bind their party during negotiations. The parties retain their right to
designate representatives of their own choosing.
l. Each party shall be permitted to have one silent observer in the negotiating
sessions without mutual consent of the parties. Silent observers, however,
may be dismissed by either party at their discretion. All individuals present
shall be considered either representatives of UPTO or representatives of the
Agency.
m. All caucuses occurring during the time allocated for negotiations shall entitle
bargaining unit employees present to remain on official time if otherwise in
a duty status. Caucuses may be called at any time by any party, but shall be
of the shortest duration possible.
n. When the parties reach an agreement as to an Article or section, the
agreement shall be documented in writing and initialed by the chief
negotiators. Initialed articles are binding agreements unless the contract is
reopened for further negotiation by agreement of the chief negotiators, or as
a result of a negative Union ratification vote or disapproval by Agency
headquarters.
o. At the outset of negotiations, the chief negotiator for UPTO will choose the
first article to be negotiated. After discussion of the first article has been
completed, each party will alternately raise the next article to be discussed
until all articles have been covered.
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p. A statement of the Agency’s position on the negotiability of a proposal will
be provided in response to a written request from the Union. Proposals
deemed to be non-negotiable will include written justification for that
conclusion.
q. The Agency agrees to grant official time, travel, and per diem for a
minimum of two UPTO negotiators, if otherwise in a duty status, for
attendance at impasse hearings. If the Agency has more than two
representatives in attendance, the number of UPTO representatives on
official time and travel and per diem will be equal in number to the
Agency’s representatives.
r. The Agency shall ensure that the Union has access to all applicable
regulations and other reference material maintained by the Agency. The
Agency shall also afford the Union reasonable access to Corps facilities
(e.g., copier, library, telephones) for the purpose of discharging the Union’s
obligation to bargain in good faith.
s. The Agency agrees to pay the travel and per diem expenses incurred by up
to five Union negotiators, who are Agency employees, in accordance with
applicable travel regulations, for time spent in negotiations as follows:
(1) 100% reimbursement for the first two weeks of negotiations.
(2) 50% reimbursement of expenses for the third and fourth weeks of
negotiations.
(3) No reimbursement of expenses for negotiations beyond the fourth
week.
t. If final agreement on the agreement is not reached prior to the beginning of
the fourth week of the negotiation sessions, the parties shall request the
assistance of a mediator from the Federal Mediation Conciliation Service
(FMCS), or any other mutually agreed procedure, to resolve the impasse(s)
then existing. The parties agree to use their best efforts to persuade such a
mediator not to schedule or request negotiations past the fourth week.
u. It is agreed that elements of these ground rules may be modified, added to,
or deleted from by mutual agreement of the parties.
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