Table of Contents
Recognition and Coverage
Duration and Effective Date
Printing and Distribution of the Agreement
Governing Laws, Rules, Regulations, and Authorities
Dues Withholding
Local Supplemental Agreements
Union Rights
Official Time
Union Office and Facilities
Management Rights
Hours of Work
Safety and Health
Uniforms, Tools, and Equipment
Security
Employee Parking
Inmate Labor
Custodial Duties
Smoking
Employee Training
Employee Travel
Employee-Supervisor Communication
Annual Leave
Family Leave
Sick Leave
Administrative Leave
Miscellaneous Leave
Employee Rights
Equal Employment Opportunity
Employee Assistance Program
Employee Records
Merit Promotion
Temporary Promotions
Reassignment
Details
Performance Management
Awards
Position Description & Position Classification
Disciplinary and Adverse Action
Electronic Funds Transfer
Pay Administration
Labor-Management Partnership
Categories of Employees
Alternative Discipline
Wage Surveys
Reduction In Force/Transfer of Function/Reorganization
Contracting Out
Negotiated Grievance Procedure
Grievance Mediation
Arbitration
Alternative Dispute Resolution
Unfair Labor Practice
GLOSSARY OF TERMS
5 USC - Title 5, United States Code, Government Organization and Employees
ADR - Alternative Dispute Resolution
AFGE - American Federation of Government Employees, AFL-CIO
ALOC - Acceptable Level of Competence
CFR - Code of Federal Regulations
CPO - Civilian Personnel Office
DeCAD - Defense Commissary Agency Directive
DoD - Department of Defense
FEB - Federal Executive Board
FMCS - Federal Mediation and Conciliation Service
GS/WG - General Schedule / Wage Grade
IBN - Interest Based Negotiations
MLA/LSA - Master Labor Agreement / Local Supplemental Agreement
NGP - Negotiated Grievance Procedure
OPF - Official Personnel Folder
OWCP - Office of Workers Compensation Program
PARTIES - Employer and Union
Pronouns - Use of pronouns throughout this agreement is meant to be gender neutral.
SWF - Supervisory Work Folder
Union Representatives - AFGE officers and stewards, etc.
ARTICLE 1
RECOGNITION AND COVERAGE
The UNION is the exclusive representative of all employees of the EMPLOYER, as specified in Appendix 1. This Master Labor Agreement will cover bargaining units indicated in Appendix A.
ARTICLE 2
DURATION AND EFFECTIVE DATE
As provided by 5 U.S.C. 7114(c) and the PARTIES' agreed-upon procedure, this agreement will be effective on October 26, 1997, provided it has been ratified, executed, and approved.
This agreement shall become effective and remain in effect for three (3) years from the above date. It will be renegotiated if either PARTY at the national level serves notice on the other of intent to renegotiate during the period 105 days to 60 days prior to the expiration date, which is October 25, 2000. If neither PARTY serves notice of intent to renegotiate it, this agreement will be automatically extended for succeeding one-year periods after the third year described above; in that case, it will be renegotiated if either party serves notice on the other of intent to renegotiate during the period 105 days to 60 days prior to the expiration of an extension year.
ARTICLE 3
PRINTING AND DISTRIBUTION OF THE AGREEMENT
The EMPLOYER will prepare this Agreement in final format. After approval, the EMPLOYER will print the Agreement and distribute to each DeCA facility. The local UNION will be given the opportunity to distribute the MLA to each Bargaining Unit Employee. Sufficient copies will be maintained by the EMPLOYER and the UNION for use during the term of this Agreement.
ARTICLE 4
GOVERNING LAWS, REGULATIONS, AND AUTHORITIES
Section 1. Effective Date
This Agreement will be effective 60 days after it has been ratified, executed and approved in accordance with Title 5, United States Code, section 7114(c).
Section 2. Occasions and Subjects to be Bargained
a. OCCASIONS FOR BARGAINING:
- Local Supplemental Agreements as provided for in this MLA.
- Negotiations to Change Conditions of Employment, as provided for by Section 6 of this Article.
- Reopener for conformance with PBO and according to Section 7 of this Article.
b. SUBJECTS OF BARGAINING. When bargaining occurs, matters that may be included will be limited by this Agreement, DeCA directives and government-wide regulations in effect on the effective date of this MLA, existing or future federal law, and executive orders. Neither PARTY waives bargaining on matters it may bargain in accordance with this Agreement, or such laws, regulations, and executive orders. Provisions which conflict with this MLA will not be included in any other collective bargaining agreement.
Section 3. Effect of Collective Bargaining Agreements
a. Provisions of collective bargaining agreements (term agreements, MOUs, MOAs, etc.) or past practices which are in effect on the effective date of this Master Labor Agreement (MLA) will remain in effect unless:
1. they conflict with this Master Labor Agreement (MLA);
2. they are changed by negotiation in a Local Supplemental Agreement (LSA) or another collective bargaining agreement such as a Memorandum of Understanding (MOU) or Memorandum of Agreement (MOA).
b. Should any conflict arise between the terms of an effective collective bargaining agreement and any current or future federal laws or government-wide regulations which were in effect on the effective date of such agreement, the provisions of such laws and regulations shall supersede any conflicting provisions of the collective bargaining agreement.
c. Should any conflict arise between the terms of an effective collective bargaining agreement and any government wide or other regulation which is issued after the effective date of the collective bargaining agreement, the terms of the agreement will govern.
d. In any conflict between the terms of an effective collective bargaining agreement and any DeCA issuances, manuals, directives, etc., regardless of the date of issuance, the terms of the agreement will govern.
Section 4. Past Practices and Other Collective Bargaining Agreements
a. Past practices which are in effect on the effective date of this MLA and do not conflict with it will remain in effect unless changed through negotiations. Such negotiations may occur on matters as authorized in the Local Supplemental Agreements Article; if not authorized there, negotiations may occur at any time during the term of this MLA as, e.g., an MOU or MOA. Once a past practice has been made a provision of a collective bargaining agreement, neither PARTY is required to negotiate further on that provision.
b. Term agreements with preceding EMPLOYERS (Army, Air Force, Navy, Marine Corps) will cease to exist as such on the effective date of this MLA. However, conditions established by such collective bargaining agreements will continue in effect as past practices after the effective date of this MLA in accordance with a. above, to the extent they do not conflict with this MLA.
c. Such past practices under a. or b. above may be included, either modified or unchanged, within a collective bargaining agreement; in that case, they will remain in effect for the duration of that agreement.
d. Provisions of former regulations, such as sunset provisions of the FPM, which were incorporated/referenced in a past practice or collective bargaining agreement will be treated as past practices under this Article after such regulations have been rescinded.
e. No PARTY will lose access to completion of a grievance that was initiated prior to the effective date of this MLA under pre-existing grievance and arbitration procedures. By mutual agreement of the PARTIES at the local level, such previously initiated grievances/arbitrations may be transferred to an appropriate step of the procedures in Negotiated Grievance Procedure and Arbitration Articles of this MLA. Absent such agreement, they will complete the procedures previously available to them for resolution of grievances/arbitrations but may not initiate new grievances except under the procedures in this MLA.
Section 5. Relation to Local Supplemental Agreements
a. Matters identified as appropriate for local level bargaining, may be raised during negotiation of the LSA or as a MOU/MOA/etc.
b. Matters identified as appropriate for "partnership prior to bargaining" may be raised during negotiation of the LSA or as a MOU/MOA/etc.
c. If a provision of past practice or collective bargaining agreement is alleged to conflict with this MLA, disputes over the existence of such conflict will be resolved in accordance with the Local Supplemental Agreements Article. This will apply whether the conflict was known to exist at the time of the review under Section 3 of the Local Supplemental Agreements Article, or whether the conflict became known at a later time.
Section 6. Midterm Negotiations and Changes to Conditions of Employment
a. Either PARTY may initiate a change to conditions of employment not in conflict with an applicable collective bargaining agreement. The PARTIES recognize that from time to time during the life of the MLA, the need will arise to initiate such changes due to: proposed new regulations covering personnel policies; changes in operating needs; and the like. When such need arises, it is agreed that notice and opportunity to bargain are preserved, notwithstanding that the general subject matter(s) of the proposed change may be addressed in this MLA or a LSA. However, no provision(s) may be included that are in conflict with this MLA or the applicable LSA.
b. Notice of the proposed change will be provided to the other PARTY, normally not less than 15 days prior to the proposed implementation date. If a timely demand to bargain is not made, the proposed change may be implemented after the 15th day. If less than 15 days notice is provided to respond, the Responding PARTY is deemed to have timely requested bargaining. If the Responding PARTY decides that bargaining will not be requested, it is encouraged to notify the other PARTY as soon as possible. Should a timely request to bargain be made concerning a proposed change, the change will not be implemented until all phases of bargaining are concluded, consistent with applicable law. The PARTIES should consider an appropriate procedure in addition to the Federal Mediation and Conciliation Service to assist in bargaining disputes. See the ADR Article.
c. Agreements reached pursuant to b. above will be reduced to writing and considered as extensions to this MLA and the PARTIES' LSA, if any.
d. Ground rules for bargaining under this Article may be included in an LSA or determined on a case-by-case basis.
Section 7. Performance Based Organization (PBO)
AFGE and DeCA may jointly reopen this MLA for purposes of implementing changes under a PBO.
Section 1. UNION dues (the regular, periodic amounts required to maintain an employee in good standing in the UNION) shall be deducted by the EMPLOYER from an employee's pay each payroll period when the following conditions have been met:
a. The employee has signed up for voluntary allotment as provided herein.
b. The employee's earnings are regularly sufficient to cover the amount of the allotment.
c. The employee has voluntarily authorized such a deduction on Standard Form (SF) 1187, supplied by the UNION.
d. The appropriate local UNION authorized official has completed and signed Section A of such form on behalf of the UNION.
e. The SF 1187 has been submitted to the appropriate payroll office in accordance with procedures currently in place at the local level.
Section 2. The UNION shall supply to the employees involved SF 1187. The UNION shall be responsible for the distribution of such forms to its members and for completion of Section A thereon, including the certification of the current amount of the UNION's regular dues to be deducted each biweekly pay period.
Section 3. Deduction of dues shall begin with the first pay period which occurs after receipt of SF 1187 by the payroll office.
Section 4. The amount of the UNION dues to be deducted each biweekly pay period on behalf of the UNION shall remain as originally certified to on such allotment forms by the authorized local UNION official until a change in the amount of such deductions is certified by the authorized official of the UNION and such certification of change is duly transmitted to an appropriate payroll office.
Section 5. Any such change in the amount of any employee's regular dues with resultant change in the amount of the allotment of such employee per biweekly pay period shall become effective with the deduction allotment made on the first pay period after receipt of the notice of change by the appropriate official of the EMPLOYER or a later date if requested by the UNION.
Section 6. An employee's voluntary allotment for payment of his UNION dues shall be terminated with the start of the first pay period following the pay period in which any of the following occur:
a. Loss of exclusive recognition by the UNION.
b. Assignment of the employee outside of the UNION's recognized bargaining areas.
(1) If such assignment is temporary a new SF 1187 will not be required to resume dues withholding at the end of the assignment.
c. Separation of the employee for any reason including death or retirement.
d. Receipt by the EMPLOYER of notice that the employee has been expelled or has ceased to be a member in good standing of the UNION.
Section 7. An employee desiring to cancel an allotment for union dues must submit an SF 1188 in accordance with locally established procedures and time frames. The only exception is that for the first year of membership the employee must be permitted to cancel after twelve (12) months.
Section 8. The EMPLOYER, through its appropriate official, shall transmit to the local union within five (5) working days after each pay day a list which shall identify the local UNION by name and local number, and shall list the name of each employee member of the union on voluntary allotment, and the amount of allotment deduction made for each such employee member along with the remittance. Such list shall include the total monetary amount of all such allotment deductions made for the members of the union together with the total number of such allotment deductions. Such list shall also include any allotment deductions which are terminating with the pay period covered and the reason for such termination.
Section 9. The UNION will not be held responsible for any EMPLOYER made errors with respect to the dues withholding program.
ARTICLE 6
LOCAL SUPPLEMENTAL AGREEMENTS
Section 1. Procedure
For each bargaining unit, the PARTIES may negotiate a single supplemental agreement which will have the same expiration date as the MLA, provided either PARTY requests to bargain within forty-five (45) days from the date the MLA is approved by DoD; or, if no action by DoD, thirty (30) days from the date of execution. If a timely request is made, supplemental negotiations will continue until all phases of bargaining are completed, including third-party dispute resolution. If additional bargaining units are certified and come under the MLA after the effective date of this MLA, the forty-five (45) days to request a Local Supplemental Agreement will begin on the date of receipt of the certification.
Section 2. Limitations
A Supplemental Agreement is limited to: matters identified for supplementation in the MLA. Supplemental agreements shall not delete or conflict with any provision, policy or procedure in the MLA.
Section 3. Review for Conflict with the MLA
Between the date of the request for local supplemental bargaining and the effective date of the MLA, the local UNION and the local management will bring forward known agreements and past practices and jointly compare them to the MLA to identify conflicts. For provisions where such conflict is disputed, the PARTY claiming conflict will forward the disputed provision to the appropriate third PARTY within thirty (30) calendar days after the dispute is identified. If either PARTY invokes the third-party step, the previous provision or past practice in dispute will continue until a decision is reached. On the effective date of the MLA, those provisions of other agreements and past practices for which such conflict is mutually acknowledged will no longer be in effect.
The following procedures will be used to resolve disputes over claimed conflict:
a. First, the PARTIES will refer the matter to their Local Partnership Council, if one is in existence at the time the dispute arises,
b. If a. above does not resolve the dispute, or there is no Local Partnership Council in existence at the time the dispute arises, the PARTIES may agree on an alternative dispute resolution procedure. The PARTIES should consider using mediation or any other appropriate procedure. See the ADR Article.
c. If an alternative dispute resolution procedure is not mutually agreed upon, the dispute may be resolved through the UNION/MANAGEMENT grievances procedures in the Negotiated Grievance Procedures Article. For this purpose, the date of the final resolution attempt will begin the period to invoke arbitration. All disputed provisions that have been identified during the negotiation of a LSA, will be consolidated for resolution in the same proceeding.
Section 4. Matters Not in Conflict with the MLA
Matters not in conflict with the MLA but exist in prior term agreements, MOAs, MOUs, or as past practices will continue until changed through MOU negotiations. Negotiable matters which may arise will be negotiated as an MOU to the extent they do not conflict with the MLA.
Section 1. Representation Rights
Section 2. Formal Meetings
Pursuant to Section 7114 (a)(2) of Title 5 United States Code, AFGE shall be given the opportunity to be represented at any formal discussion between one or more representatives of the agency and one or more employees in the bargaining units or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment.
Section 3. Representation During Interviews
When the person being interviewed is accompanied by a UNION representative, in both criminal and non-criminal cases, the role of the representative includes:
(1) clarifying the questions;
(2) clarifying the answers;
(3) assisting the employee in providing favorable or extenuating facts;
(4) suggesting other employees who have knowledge of relevant facts; and
(5) advising the employee
However, the representative may not disrupt the interview or answer for the employee.
Section 4. Right to Data
The UNION has the right to be furnished upon request and, to the extent not prohibited by law, data which is normally maintained by the agency in the regular course of business; which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining. UNION request(s) for data must provide information as to what is being requested and an explanation on how the data is necessary and relevant.
The EMPLOYER may deny UNION request(s) for data when:
- the data is not available to or in the possession of the EMPLOYER; or
- the release of the data is prohibited by law.
If the EMPLOYER denies a UNION request for data, the EMPLOYER shall give the UNION the specific reasons for the denial. If the UNION feels the EMPLOYER's denial is in violation of this Agreement, the UNION may file a grievance beginning at the final step of this Agreement's grievance procedure, or initiate an Unfair Labor Practice complaint under Title 5 USC 7116.
Section 5. Lists of Bargaining Unit Employees
The EMPLOYER will furnish the UNION with a current list of bargaining unit employees quarterly, if requested. The list shall contain the name, grade, series, organizational code, and SCD-leave date. Lists may be requested more frequently pursuant to local negotiations.
Section 6. Union Organization
Section 7. Union Orientation
When a new employee reports to duty the UNION representative will be notified and when available introduced to the employee at that time. Within two weeks of an employee reporting for duty, the UNION will be given a reasonable amount of time to:
a. Brief bargaining unit employees on their representational rights, and
c. Provide a copy of this agreement and other appropriate material.
Section 8. Investigate Complaints & Conduct Interviews
The UNION has the right to investigate complaints and conduct interviews.
Section 9. Access to Management
Section 10. Access to Bargaining Unit Employees
The UNION will have access to bargaining unit employees in order to conduct representational functions.
Duly appointed and elected representatives and employees of the UNION at the local, district, and national level will be allowed entrance into the commissary for the purpose of conducting appropriate labor-management business. A mutually agreeable time will be established if a labor-management meeting is requested by either PARTY.
Section 11. Informational Picketing
The UNION will have the right to conduct informational picketing, provided necessary permits are obtained. Participating employees will be on annual leave or leave without pay, subject to the operational need of the EMPLOYER; or on off-duty time.
Leaflets and other material may be handed out and media coverage will be allowed during this time as long as it does not restrict operations of the commissary.
Section 12. Union Representation on Councils, Committees, and Panels
When work groups are to be created to examine ways to improve agency services and performance and include bargaining unit members, cooperation between AFGE and DeCA is the preferred mode of operating. Where issues of rights and obligations are involved, the following provisions apply.
a. Establishment. Establishment of work groups which include bargaining unit member(s) and will include discussion of negotiable matters cannot be implemented absent the UNION's consent and agreement. When such work groups are to discuss only matters that are technical in nature and concern job-related functions that are part of non-negotiable management rights under the Statute, such consent and agreement is not required. However, in the implementation of such programs, the PARTIES will fulfill their collective bargaining obligations to one another.
b. Selection. Where an individual serves on a work group in the capacity of a UNION representative, the individual is engaged in protected activity. In addition, the UNION may establish criteria for such designation that includes UNION membership.
Section 1. UNION and EMPLOYER agree that there are mutual benefits resulting from the use of official time to represent employees and work with supervisors and managers to resolve issues and concerns. Such time will be adequate to represent bargaining unit employees and administer this Agreement with the Agency.
Section 2. Official time is defined as time used by a bargaining unit employee to perform representational functions relating to a DeCA bargaining unit, on behalf of a bargaining unit employee or the UNION, when the representative would otherwise be in a duty status. Such time granted is without charge to leave or loss of pay. Official time is available to the bargaining unit member(s) whose names has been provided by the UNION to the EMPLOYER as being a representative of the UNION.
Section 3. Official time can be used to perform representational functions related to a DeCA bargaining unit and within the scope of 5 USC Chapter 71. Official time includes travel time when carrying out representational duties. Official time cannot be used for any activity relating to internal business of a labor organization (including solicitation of membership, collection of dues, and election of labor organization officials).
Section 4. The following procedures shall apply to UNION representatives to perform representational duties during duty hours that are authorized under the terms and conditions of this Agreement:
a. Prior to release, the UNION representative must request and obtain permission from their immediate supervisor to perform representational functions. The request will be made as much in advance as practicable and extended absences should be requested when the reason for them becomes known. The UNION representative will indicate the type of representational activity to be conducted and the estimated duration of absence, and any known time limits, this information will be recorded by the supervisor and a copy provided to the representative upon request. (See APPENDIX B) The UNION representative will be released as requested unless release at that time would significantly impact operations. If release cannot be granted as requested, the supervisor will advise the UNION representative as soon as possible when release would be appropriate, normally not later than the next working day. If a delay in releasing an employee or UNION representative involves a situation within one day of a contractual time limit, the time limit to respond will be extended an amount of time equal to the delay in release. Management's postponement of official time use will not cause the UNION to fail to meet a deadline imposed by a third party provided the request for official time was timely made.
b. If an employee needs to meet with a UNION representative, which would constitute an interruption of work, advance approval of the employee's supervisor will be obtained. The employee's supervisor will be informed of the need to speak to the representative and the estimated length of time required. The employee will be released as requested unless release at that time would significantly impact operations. If release of the employee cannot be granted as requested, the supervisor will advise the UNION representative and employee as soon as possible when release would be appropriate, normally not later than the next working day.
c. The UNION representative and the employee will inform their respective supervisors when they return to work. If the UNION representative and/or the employee will be delayed beyond the estimated time, they will contact their respective supervisors to request additional time.
Section 5. DeCA and AFGE value using in-store representatives from each store to discuss issues and resolve problems. AFGE encourages DeCA bargaining unit members to serve as in-store representatives. DeCA managers support joint resolution opportunities. In-store representatives will be called upon to discuss issues and represent their fellow bargaining unit members in a variety of areas. UNION representatives shall be granted reasonable amounts of official time as needed to carry out their representational responsibilities as authorized under this agreement. The amount of official time needed should be discussed by the supervisor and UNION representative. If specific arrangements for the use of reasonable official time are currently in place, they are subject to local negotiations in accordance with the Local Supplemental Agreements Article. The EMPLOYER and the UNION share the mutual responsibility for ensuring the use of official time is reasonable, necessary and in the public interest.
Section 10. Training
c. Official time for initial training of a new UNION representative will be granted for up to twenty-four (24) hours. Official time for other UNION sponsored training for UNION representative(s) will be granted for up to 80 hours per store, not to exceed 40 hours per representative per year except in a multi-store bargaining unit. In this case, one representative may be granted more than 40 hours but will not exceed the 80 hour store limit. Hours will not be carried over from year to year. For training outside the commuting area, travel time may be during non-duty time or will be counted against the official time authorized for training.
ARTICLE 9
UNION OFFICE AND FACILITIES
Section 2. EMPLOYER will provide union bulletin boards. Locate UNION bulletin boards adjacent to the employer's Official bulletin boards. EMPLOYER'S official and UNION's bulletin boards shall be same in number. UNION shall maintain UNION bulletin boards in an orderly condition and bulletin boards will properly identify the AFGE Local number.
Section 4. Office space, if available, for the UNION will be negotiated locally. Where the UNION now has office space/office furnishings in DeCA facilities, such use will continue, where this is not the case such use will be negotiated locally. If new construction/renovation is anticipated, local parties will discuss any impact on union space as soon as possible. In all cases the UNION will be provided the ability to meet privately/confidentially with the employee and to store and secure records if requested by the UNION. The UNION will be allowed access to the EMPLOYER's office equipment where available e.g., computer, fax capabilities, and services at no cost to the UNION.
Section 5. EMPLOYER will provide access to existing telephone services (DSN, WATTS, Commercial, etc.) to conduct labor relations representational business affecting a DeCA bargaining unit. All laws, rules, and regulations will be adhered to.
Section 6. Contracted custodial services provided to the commissary shall also be provided to the UNION office space.
Section 7. UNION agrees to abide by all security and safety regulations.
Section 1. Subject to Section 2 of this Article, nothing in this Article shall affect the authority of any management official of the Agency:
(a) To determine the mission, budget, organization, number of employees, and internal security practices of the Agency; and
(b) In accordance with applicable laws:
(1) to hire, assign, direct, layoff and retain employees in the Agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
(2) 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 promotion; or
(b) any other appropriate source; and
(4) to take whatever actions may be necessary to carry out the mission during emergencies.
Section 2. Nothing in this Article shall preclude the EMPLOYER and the UNION from negotiating:
(a) pursuant to Executive Order 12871, on the numbers, types, and grade 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;
(b) procedures which management officials of the Agency will observe in exercising any authority under this Article; or
(c) appropriate arrangements for employees adversely affected by the exercise of any authority under this Article by such management officials.
Section 1. Definitions
a. Tour of Duty is the hours of the day and the days within the administrative workweek during which the employee is required to perform service on a regular, repetitive basis. The administrative workweek of employees is the calendar week, 0001 hours Sunday through 2400 hours Saturday. Employees should not be scheduled to work more than 6 of any 7 consecutive days. Although work schedules will be for a minimum of one week, longer work schedules currently in effect may continue unless changed by local negotiations.
c. The Basic Workweek of Part-Time Employees shall consist of 16 to 32 hours, regular or irregular schedule, within the administrative workweek. The EMPLOYER will attempt to schedule two consecutive days off within the administrative workweek for part-time employees subject to workload requirements. The number and sequence of days off to accommodate employee and commissary requirements will be negotiated locally.
Section 2. Meal Period
a. Full-Time employees shall be granted, on a non-paid basis, a meal period, scheduled at or near the mid-point of the tour of duty, of at least one-half (1/2) hour each workday; or, upon an employee's request and with the supervisor's approval, a meal period of up to one (1) hour.
b. Part-Time employees who work six (6) hours or more in a workday will be granted on a non-paid basis a one-half (1/2) hour meal period scheduled at or near the mid-point of the tour of duty, or upon an employee's request and with the supervisor's approval, a meal period of up to one (1) hour.
Section 3. Breaks
a. Employees working six (6) hours or less will be authorized a total of fifteen (15) minutes of rest during the workday.
b. Employees working more than six (6) hours will be authorized the above fifteen (15) minutes plus an additional fifteen (15) minutes of rest during the workday.
c. Provisions addressing the number, timing, and sequence of breaks are subject to local negotiations. If rest breaks are in increments of fifteen (15) minutes, the breaks will be taken at or near the midpoint between the start of the employee's workday and the employee's meal period, and the midpoint between the employee's meal period and the end of the tour of duty.
Section 4. Notification of Schedules
Section 5. Holiday Work Procedures
A general announcement of intent to have employees work on holidays will be posted on employee bulletin boards two weeks in advance of the holiday, unless the store has less notice. When scheduling employees for work on holidays, the EMPLOYER will first ask for volunteers, and will select the number of needed employees by seniority on a rotating basis. If an employee is to be scheduled involuntarily, rotating inverse seniority will be used. Personal needs exceptions will be considered on an equitable basis. The EMPLOYER will determine whether an employee is qualified to perform the work.
Section 6. Overtime Work
a. Planned Overtime Work Procedures. In the case of planned overtime, notice will be provided as far in advance as possible. When scheduling employees for overtime work, the EMPLOYER will first ask for volunteers, and will select the number of needed employees by seniority on a rotating basis. If an employee is to be scheduled involuntarily, rotating inverse seniority will be used. Personal needs exceptions will be considered on an equitable basis. The EMPLOYER will determine whether an employee is qualified to perform the work.
b. Unplanned Overtime Work Procedures. In the case of unplanned overtime, notice will be provided as far in advance as possible. The EMPLOYER will first ask for volunteers who are on duty, and will select the number of needed employees by seniority on a rotating basis. If an employee is to work overtime involuntarily, rotating inverse seniority will be used. Personal needs exceptions will be considered on an equitable basis. The EMPLOYER will determine whether an employee is qualified to perform the work.
Section 7. Extension of Part-Time Employee Workday Before or After Tour of Duty
a. When work requirements dictate the need for additional hours to be worked by employees already scheduled to work on a workday, scheduling decisions will be made by soliciting qualified volunteers first, in seniority order. This provision will not require that an employee be offered additional work resulting in overtime.
b. If there are insufficient volunteers, the decision will be made using inverse seniority. Personal needs exceptions will be considered on an equitable basis.
c. The affected employee will be notified as much in advance as possible of the additional hours needed by the EMPLOYER. Such notice will be provided at the time the EMPLOYER becomes aware of the event that created the need for the additional hours, such as when another employee notifies the EMPLOYER of a need to be on unplanned sick leave.
Section 8. Clean-up Time
Where the type of work requires, an employee will be allowed a reasonable time at meal time, break time, and at the end of the workday to perform necessary personal hygiene.
Section 9. Planned Store Closures for Other than Federal Holidays
a. When a planned store closure occurs and there is other work available for affected employees, employees scheduled to work during the closure will have the following options: perform other duties, request annual leave or leave without pay, or have the tour of duty rescheduled to recapture hours otherwise lost for the pay period.
b. When a planned store closure occurs and there is no other work available for affected employees, employees scheduled to work during the closure will have the following options: request annual leave or leave without pay, or to have the tour of duty rescheduled by the EMPLOYER to recapture hours otherwise lost for the pay period. If the employee does not elect to request annual leave and the tour of duty cannot be rescheduled to recapture those hours, the employee will be granted administrative leave. If the full work force is not required, the selection process will be Section 7 (a) & (b) above for all employees.
c. Thirty days' notice will provided to employees of closures under this Section.
Section 10. Federal Holidays
a. In accordance with 5 USC Section 6103(a), the following are legal public holidays recognized by DeCA:
New Years Day, January 1
Birthday of Martin Luther King, Jr., the third Monday in January
President's Day, the third Monday in February
Memorial Day, the last Monday in May
Independence Day, July 4
Labor Day, the first Monday in September
Columbus Day, the second Monday in October
Veterans Day, November 11
Thanksgiving Day, the fourth Thursday in November
Christmas Day, December 25
Additional holidays declared by the Congress or the President will also be recognized.
b. If a holiday occurs on a Saturday, the Friday immediately before is a legal holiday for employees whose basic workweek is Monday through Friday. If the holiday occurs on Sunday, the following Monday is the holiday.
c. In accordance with 5 USC 6103(b), the following rules apply:
1. Part-Time employees who are scheduled to work on a legal public holiday will be paid for that holiday.
2. Part-Time employees who are not scheduled to work on a legal public holiday will not be entitled to holiday pay.
-- Administrative leave, if approved by the EMPLOYER on a holiday-by-holiday basis;
-- Annual leave, accrued compensatory time, leave without pay, or time off award;
-- Reschedule hours within the same pay period to recapture hours otherwise lost;
-- A combination of the above.
Section 11. Daylight Savings
a. If the employee's tour of duty coincides with daylight savings time and requires working an additional hour, the employee will be paid for the actual hours worked.
b. If the hours worked are less than normal because of daylight savings time, the employee will be on leave or work the additional hour.
Section 12. Obtaining and Securing Government Property
Reasonable time will be allowed at the beginning of the tour of duty, before meals and breaks, and at the end of their tour to prepare or secure government property and equipment used to perform an employee's duty.
Section 13. Split Shifts
Split shifts are not permitted and will not be used.
Section 14. Types of Schedules
a. Fixed schedules will be used for Full-Time employees. Fixed schedule means the schedule does not vary from pay period to pay period. After the MLA becomes effective, the fixed schedule(s) may remain the same at each Commissary or can be negotiated locally. If current schedules are acceptable, there is no need to change.
Section 15. Alternative Work Schedule
Provisions for AWS may be negotiated at the local level and if negotiated, will include a trial period.
Section 16. Equitable Distribution of Tours of Duty
a. For purposes of this Section, seniority is defined as the employee's Service Computation Date (Leave) date.
b. By department, and an employee's title, series and grade, when a Tour of Duty opening arises, Service Computation date (Leave) will prevail if more than one qualified employee bids on that Tour of Duty. No full time employee may bid on a part time tour of duty or vice versa nor may bids be made on unequal part time tours of duty. If no individual bids on a needed tour of duty, then reverse seniority will be applied. No employee will be required to bid on a Tour of Duty opening. Whether this provision will apply to encumbered Tours of Duty is an appropriate subject for local negotiations.
c. Notification of Tour of Duty openings will be provided to employees and the UNION.
Section 17. Pagers
In accordance with 5 CFR 551.431(a)(1)(2), an off duty bargaining unit employee who is required to carry and respond to a pager, will be in a standby pay status and will be subject to the following restrictions:
a. The employee is restricted to an agency's premises, or so close thereto that the employee cannot use the time effectively for his or her own purposes; or
b. The employee, although not restricted to the agency's premises:
1. Is restricted to his or her living quarters or designated post of duty;
2. Has his or her activities substantially limited; and
3. Is required to remain in a state of readiness to perform work.
Section 1. General
a. Whenever injury is referenced in this Article, it means injury or illness. The EMPLOYER will provide and maintain safe working conditions and industrial health protection for employees, e.g. ergonomic technology. The UNION will encourage all employees to work in a safe manner and report all known health or safety hazards. The EMPLOYER will promptly investigate and initiate corrective action on all reported health or safety hazards. No employee shall work or be required to work on or around or operate equipment where it would be unsafe or detrimental to health without proper precautions, protective equipment and safety devices. When an employee, during the course of performance of official duties, believes he or she is exposed to health or safety hazard which presents an imminent danger which may cause death or serious physical harm, said employee shall cease the assigned task in order to immediately contact the nearest available supervisor. The supervisor shall make an evaluation of the situation and, after discussion with appropriate safety personnel, make a decision as to whether work may proceed. Supervisors shall not order/require any employee to perform any act that is unsafe or unlawful.
b. The PARTIES: agree to work closely on all safety matters; will be alert for unsafe practices, equipment, working conditions and environmental conditions in all work areas; and will report all observed unsafe or unhealthy conditions to the appropriate supervisor or Safety Officer. The EMPLOYER will investigate all safety hazard reports and if necessary, obtain guidance from a safety officer.
Section 2. On the Job Injuries
a. The PARTIES agree to encourage all employees to report all accidents and injuries immediately, as required by existing regulation/directive. The EMPLOYER will require all supervisors to comply with current regulations/directives and instructions concerning the reporting of accidents and injuries. As required by existing regulations/directives, employees will report all on-the-job injuries, regardless of their severity as soon as possible after becoming aware of the injury. The injury should be reported to their immediate supervisor, but if their immediate supervisor is not available, the injury will be reported to any manager/supervisor. In the event of an injury on the job, the EMPLOYER will obtain, and as appropriate, provide emergency medical treatment and transportation. EMPLOYER agrees to notify the UNION within reasonable time (within 24 hours) of any reported "Lost Time" accidents or occupational illnesses which involve bargaining unit employees. Consistent with the Privacy Act, such notification will include name of bargaining unit employee, circumstances, nature of injury sustained by the employees.
b. The EMPLOYER will supply the appropriate forms to the employee for completion and return. The EMPLOYER will advise and assist the employee in filing the applicable compensation forms. The EMPLOYER will ensure the completed forms are processed and promptly forwarded to the servicing CPO.
Section 3. Light Duty
a. Employees unable to perform their assigned tasks due to injury or illness on or off the job may request light duty. Employees must furnish a statement from a medical authority providing information related to their limitations and the length of time limitations are expected to last.
b. The EMPLOYER agrees to consider assigning the injured employee to light duty, when such need is substantiated by a doctor's certificate, and such work is available.
c. Employees working light duty may be required to work a schedule other than their normal schedule in order to perform the light duty available.
Section 4. Protective Equipment/Clothing:
The EMPLOYER shall furnish protective equipment/clothing for employees engaged in work that requires such equipment/clothing as prescribed by DeCA and Federal directives. Cleaning, repair and replacement of such issued clothing/equipment will be provided by the EMPLOYER as needed. The employees will be trained on the proper use and care of all safety equipment. Training will be properly documented on proper forms and put in employees' files.
Section 5. Safety Council
The PARTIES agree that the union is entitled to one representative and one alternate representative on the Safety Council. UNION representatives will have the full rights and privileges of other members.
Section 6. Assistance in Lifting Heavy Items
No employee will be required to lift or move any object when there is reasonable possibility that an injury would occur. Employees will receive training on proper lifting techniques.
Section 7. Adverse Weather Conditions
a. When an installation closure is announced during the work day due to adverse weather conditions, the commissary will close no later than one hour from the time of the installation closure. The EMPLOYER will notify the commissary UNION Representative of the announced impending installation closure at the time of notification from the installation commander.
- Base closure
- Early release
- Delayed reporting
- Essential/non-essential employees
- Arrangements for employees safety
ARTICLE 13
UNIFORMS, TOOLS, AND EQUIPMENT
The EMPLOYER agrees to provide, clean and replace all special tools, clothing and equipment which the EMPLOYER requires bargaining unit employees to use in performing their assigned duties.
Section 1. Employee Lockers
a. In accordance with DeCAD 40-19, all employees will be furnished a locker by the EMPLOYER upon request.
b. Employees may provide a lock for their own locker.
Section 2. Spot Checks
a. In accordance with DeCAD 40-19, Management has the right to make unannounced random spot checks of employee hand-carried items.
b. The UNION will have the opportunity to observe such spot checks of employee hand-carried items, but no advance notice will be provided to the UNION. Absence of the UNION does not negate Management's right to proceed with the spot check.
Section 1. Employee parking areas will be provided by the employer, and located as close to the assigned work area as feasible, considering security, safety and customer convenience.
Section 2. Handicapped employee parking will be properly marked, and as close to the employee's assigned work as possible.
Section 3. Other issues regarding employee parking may be locally negotiated.
Inmate labor will be used in accordance with Title 18, U.S. Code. Where inmate labor is used, all employees will be oriented to the inmate labor program and the do's and don'ts that apply to bargaining unit employees will be posted. Working with inmates will only be done by properly trained employees on a volunteer basis. If insufficient volunteers are available the work will be distributed on a fair and equitable basis.
Employees are individually responsible for the cleaning and/or sanitation of their immediate work area as required. Custodial duties if required and not in the Position Description will be rotated fairly and equitably.
Section 1. Outdoor smoking areas will be provided for employees. Areas where smoking is permitted will be properly identified.
Section 2. Rest breaks will be consistent as between smokers and non-smokers.
Section 3. Smoking cessation classes that are available at the installation will be provided during duty time to those employees who wish to stop smoking. If such classes are not available at the installation, information about off-base smoking cessation classes will be provided.
Section 4. Facilities and other issues concerning smoking not covered above will be appropriate for negotiation locally.
Section 1. The parties agree that it is mutually beneficial to have a well-trained workforce. The employees may inform their supervisor of any training needs they feel relates to their work assignments. Such information shall be taken in consideration by the employer in identifying training needs. In order to encourage employee career development and improve job skills the agency will make available training/education information. To enhance DeCA's ability to survive and grow and the employee's development; training will be fair and equitable and designed to meet future needs. The employer will identify its training needs and will select employees for training based on its relevance to the employee's current job. Training will be provided on new technology as required and/or needed.
Section 2. An Individual Development Plan (IDP) will be developed jointly by the employee and the EMPLOYER for each employee within the first twelve months of this agreement or subsequent employment and reviewed annually. The primary emphasis of the plans will be first to address skills needed by employees in their current positions; second to prepare them for new career opportunities which may come available as a result of organizational restructuring or re-engineering of the positions of the Agency; and third to address skills needed for advancement beyond their current grade levels. Each plan shall establish a series of milestones and shall state the responsibilities of each party to realize such milestones. The IDP will be maintained in the Supervisory Work Folder (SWF).
Section 3. The availability of training opportunities will be communicated to employees and the union in a timely manner. The parties agree that employee self-development should be encouraged, therefore, information regarding training opportunities such as correspondence courses, and training/education opportunities through the installation education center. Schedule accommodation may be used to encourage self-development where possible.
Section 4. All employees will be selected for training based on employee/organization need, employee requests and relevance to current position will be considered and final selection will be made by management. The decisions regarding selection or non-selection for training will be communicated to employees and the union in a timely manner.
Section 5. Employee training will be documented by entry in both signed Supervisory Work Folder (SWF) and Official Personnel Folder (OPF) by means of DD 1556s, training certificates, diplomas, transcripts, signed memo's outlining On the Job Training (OJT) and supplemental experience forms; e.g. job application continuation form. The employee is responsible for providing documentation of training to the supervisor for inclusion in the OPF. Employee is encouraged to keep a copy of all training documentation and periodically review for accuracy. It is the employee's responsibility to ensure their record of training is current & accurate.
Section 6. Training from an external source will carry equal weight as training from peer trainers.
Section 7. Agency directed training will be funded by the Agency. Other training costs will be shared by the agency and the employee, if approved by the proper approving authority.
Section 8. New employees will receive orientation not later than two weeks after reporting to duty.
Insofar as practicable, TDY travel will be scheduled within the employee's regularly scheduled tour of duty.
ARTICLE 21
EMPLOYEE-SUPERVISOR COMMUNICATION
Section 1. Each employee will be advised of their appropriate chain of command and subsequent changes within their store.
Section 2. It is highly recommended that both management and employees follow the chain of command.
Section 1. General Provisions
Employees accrue and have a right to use annual leave in accordance with applicable laws and regulations and this agreement. The determination as to the time and amount of leave granted at any specific time is made by the supervisor, considering employees desires, staffing, workload, and training requirements as determining factors. The minimum charge for annual leave is 15 minutes with additional charges in multiples thereof. It is the employee's responsibility to request annual leave in advance from the supervisor. When an employee is required to submit a SF-71, in advance, it will be returned expeditiously to the employee, indicating the supervisors' approval/disapproval and the reason(s) in the case of disapproval. Supervisors will expeditiously inform employees of their approval/disapproval of advance requests for annual leave. The employer will provide each employee the opportunity to use all earned annual leave in order to avoid forfeiture. All use or lose leave will be scheduled prior to October each year. The supervisor will not cancel or modify previously approved leave except for unforeseen circumstances. The reason(s) will be explained to the employee. Employees may request annual leave for any duration, for any time and in any pattern they desire. No arbitrary or capricious restraints will be established to restrict when leave may be requested.
Section 2. Annual Leave Plan
Employees will submit their annual leave plan on DeCA Form 30-14 by 1 February to the appropriate supervisor. The plan will be reviewed and a decision returned to the employee by 1 March. Seniority based on SCD (Leave) will be used when a conflict occurs. Provisions in effect will stay in effect unless locally negotiated. Once an employee has made the selection, he/she shall not be permitted to change the selection if such action infringes upon the choice of another employee.
Section 3. Unplanned Leave
Unplanned leave requests will be submitted as soon as the need for leave is known. The supervisor will respond within three (3) working days from the date of the request, or as much notice that was provided to the supervisor, allowing time for the supervisor to make a decision. Unplanned leave will be on a first come, first served basis.
Section 4. Emergency Annual Leave
When emergencies or unforeseen circumstances arise requiring the use of annual leave not approved in advance, approval of annual leave cannot be presumed by the employee. If an employee is unable to report for duty due to an emergency, they must notify their supervisor prior to the beginning of the shift unless compelling circumstances prevent this. If additional information is required, the decision on approval or disapproval of annual leave for emergency reasons may be withheld by the supervisor until the return of the employee to duty.
Section 5. Forfeited Leave
Forfeited leave due to no fault of the employee will be restored in accordance with appropriate regulations.
Section 6. Leave Donation
Annual leave may be donated in accordance with approved leave donation programs.
Section 7. Advance Annual Leave
Requests for advance annual leave will be submitted in writing to the supervisor. Final approval authority will be made at the appropriate level. When the decision is made, the employee will be notified by the supervisor within two (2) workdays. Advance leave may be granted up to the number of hours the employee will accrue within the remaining calendar year.
Section 8. Annual Leave for Internal Union Functions
Annual leave will be approved by management, if at all possible without further expenditures of resources, when union officials need leave for internal union functions.
Request for leave under this Article must specify if the leave requested is FMLA or FEFFLA and will be in writing in advance when possible. Use of the SF71 is an acceptable method of written request.
Section 1. Family and Medical Leave Act of 1993
a. Pursuant to the Family and Medical Leave Act (FMLA) and its implementing regulations, an eligible employee who has completed at least twelve (12) months of service as an employee shall be entitled to a total of 12 administrative workweeks of leave without pay (LWOP) during any 12-month period for one or more of the following reasons:
--The birth of a son or daughter of the employee and the care of such son or daughter;
--The placement of a son or daughter with the employee for adoption or foster care;
--The care of a spouse, son, daughter, or parent of the employee who has a serious health condition; or
--A serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position.
b. If leave taken under this Act is foreseeable based on an expected birth, placement for adoption or foster care or planned medical treatment, the employee shall provide notice to the EMPLOYER of his or her intention to take leave not less than thirty (30) days before the date the leave is to begin. If the date of the circumstances requires leave to begin within thirty (30) days, the employee shall provide such notice as is practicable.
c. An employee can substitute accrued annual or sick leave, consistent with current laws and regulation, for any part or all of the 12 week unpaid leave entitlement.
d. If the need for leave taken under this Act is foreseeable based on planned medical treatment, the employee shall consult with the EMPLOYER and make a reasonable effort to schedule medical treatment so as not to unduly disrupt the EMPLOYER'S operations, subject to the approval of the health care provider.
e. An employee may be required to provide acceptable medical documentation as provided by the law.
f. An employee who takes FMLA leave is entitled to continue their health benefits coverage. An employee may pay the employee share of the premiums on a current basis or pay upon their return to work.
g. An employee who takes FMLA leave is entitled to be returned to the same or equivalent position, with equivalent benefits, pay status, and other terms and conditions of employment.
Section 2. Federal Employees Family Friendly Leave Act of 1994
a. Pursuant to the Federal Employees Family Friendly Leave Act and its implementing regulations, employees may use sick leave in order to:
--Provide care for a family member who is incapacitated as a result of physical or mental illness, injury, pregnancy, or childbirth;
--Provide care for a family member as a result of medical, dental, or optical examination or treatment;
--Make arrangements necessitated by the death of a family member or attend the funeral of a family member.
b. A covered full-time employee may use 40 hours of sick leave each leave year for these purposes. An employee is entitled to use an additional 64 hours per leave year provided the employee maintains a balance of at least 80 hours of sick leave.
c. Part-time employees may also use sick leave for these purposes. The amount of sick leave permitted under the Act is pro-rated in proportion to the average number of hours of work in the employee's scheduled tour of duty each week.
d. A family member is defined as:
--Spouses, and parents thereof;
--Children, including adopted children and spouses thereof;
--Parents;
--Brothers and sister, and spouses thereof; and
--Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
Section 1. Employees will earn sick leave in accordance with applicable statutes and regulations. Sick leave will be charged in one quarter (1/4) hour increments. The EMPLOYER and the UNION recognize the importance of sick leave and the obligation of the employee, as well as the advantage to the employee to utilize it only when incapacitated for duty by sickness, injury, or other valid reasons. The PARTIES agree to jointly encourage employees to conserve such leave so that it will be available to the employees in the event of an extended illness and to increase their retirement benefits.
Section 5. Employees will not be required to furnish a medical certificate to substantiate a request for approval of sick leave for periods of three (3) consecutive workdays or less.
Section 6. Sick Leave Abuse
Section 8. An employee may request up to two hundred forty (240) hours advanced sick leave. Advanced sick leave approval will be at the appropriate level. An employee who is under a sick leave abuse requirement, may or may not be granted advance sick leave. For other employees advanced sick leave will be given when all of the following conditions are met:
a. The employee is eligible to earn sick leave;
b. There is no reason to believe the employee will not return to work after having used the leave;
c. The employee has provided acceptable medical documentation of the need for advanced sick leave; and
d. There is reason to believe that the employee will accrue enough sick leave to pay the advance back.
ARTICLE 25
ADMINISTRATIVE LEAVE
Section 1. Administrative leave is approved absence from duty wit
hout loss of pay and without charge to leave.
Section 3. Other situations concerning administrative leave for groups of employees may be negotiated locally.
Section 4. Administrative leave may be granted to individual employees for good cause shown.
ARTICLE 26
MISCELLANEOUS LEAVE
Section 1. Court Leave
a. Court leave will be granted, pursuant to applicable law and regulations, to an employee who is summoned to act as a witness before a court on behalf of the United States Government or to perform jury duty in any court of law. When an employee is called as such a witness or juror, the employee will immediately notify the supervisor and submit a copy of the subpoena or summons. Upon completion of service, the employee shall submit written evidence of the dates the employee served as such a witness or juror. The EMPLOYER will provide written request for excusal for an employee whose services are required at the job site. If such accusal is not acceptable to the court, the EMPLOYER will grant court leave.
c. If an employee receives their regular pay from the government for a period on court leave, the employee will reimburse the government the amount paid by the court, except that employees may retain reimbursement for out-of-pocket expenses (e.g., mileage, tolls, and parking).
e. At the employee's request an employee will be granted an adjustment in the Tour of Duty so the employee's hours coincide with the court day(s).
Section 2. Blood Donation Leave
Blood Donations. Employees are encouraged to serve as blood donors. If requested, employees will be granted four (4) hours of excused absence, subject to operational requirements, for blood donations conducted on the installation, or, in emergency situations, off of the installation. This time includes time necessary for blood donation, recuperation and necessary travel. Normally requests for absence to donate blood will be made as far in advance as possible.
Section 3. Military Leave
a. Permanent and career-conditional employees who are members of the National Guard, or any reserve unit of the Armed Forces (that is, Army, Navy, Air Force, Marines, or Coast Guard), shall be entitled to military leave for each day of active duty in such organizations up to a maximum of fifteen (15) calendar days in any fiscal year (prorated for part time employees). Military leave, not to exceed fifteen (15) days, which is unused at the beginning of succeeding fiscal year will be carried forward for use in that fiscal year only. This gives a full time employee the potential for thirty (30) day military leave during a fiscal year (less for part time employees, also prorated).
b. Approval of military leave provided in the foregoing shall be based on a copy of the orders directing the employee to active duty and a copy of the certificate on completion of such duty.
c. Military leave shall be without loss of pay.
d. Employees are not entitled to military leave to use for weekend drill. However, employees should request accommodations to attend weekend drill by rescheduling a conflicting tour of duty, annual leave or leave without pay as far in advance as possible.
Section 4. Voting Leave
a. As a general rule, when the voting polls are not open at least three (3) hours either before or after an employee's regular hours of work, such employee may be granted an amount of excused leave to vote or register which will permit the employee to report to work three (3) hours after the polls open or leave work three (3) hours before the polls close, whichever requires the lesser amount of time.
b. Under exceptional circumstances where the general rules do not permit sufficient time, an employee may be excused for such additional time as may be needed to enable the employee to vote, depending upon the particular circumstances of the individual case, but not to exceed a full day.
Section 5. Leave for Emergency Rescue or Protective Work
Employees who can be spared without interference to essential agency operations and obligations may be excused to participate in emergency rescue or protective work such as fire, flood, or search operations. Such participation shall normally be limited to a maximum of five (5) workdays of excused absence per year. Employees may not be excused from duty without charge to leave for the purpose of performing Reserve or National Guard duty which otherwise would be covered by military leave as authorized under 5 USC 6323.
Section 6. Leave Without Pay
a. Leave without pay is a temporary non-pay status and absence from duty granted upon an employee's request. All requests for leave without pay, regardless of duration, are subject to approval by the appropriate authority. A period of leave without pay shall not exceed one year for each application.
b. The EMPLOYER recognizes that employees may be elected to an elected office or appointed to serve as a delegate to a Union convention or other such function for internal union business which requires absence from the EMPLOYER'S premises. In this regard, the EMPLOYER will, subject to workload considerations, grant leave without pay for such employee (s) provided the request is submitted to the EMPLOYER'S primary point of contact, not less than ten (10) working days prior to the day the absence is to begin. Leaves of absence granted under this provision will be for a period concurrent with the term of office of the elected official and will be automatically renewed by the EMPLOYER upon notification in writing from the elected official who has been reelected and wishes to continue in a leave of absence status.
c. The EMPLOYER recognizes the obligation to return an employee to duty at the expiration of approved leave without pay in a position and rate of pay to which the employee is entitled.
e. The EMPLOYER also recognizes the reduction-in-force placement and retreat rights of an employee on leave without pay in situations where the employee's status has been affected by reduction-in-force action during the period of absence on leave without pay.
Section 7. Maternity/Paternity Leave
There will be no specified time granted for absence for maternity/paternity reasons. Absence for maternity reasons may be a combination of sick leave, annual leave and/or leave without pay. The length of time for maternity reasons will be determined by the employee, her supervisor, and her physician. A male employee who has provided the EMPLOYER with reasonable advance notice may be absent on annual leave or leave without pay for a reasonable period of time for the purpose of assisting or caring for his minor children or the mother of his newborn child while she is incapacitated for maternity reasons. The length of time will be determined by the employee, his supervisor, and attending physician as appropriate.
Section 8. Bone Marrow or Organ Donation
Pursuant to Public Law 103-329, Section 629(a), employees are entitled to 7 days of paid leave each calendar year (in addition to annual and sick leave) to serve as bone marrow or organ donor.
Section 9. Sick Leave for Adoption
Pursuant to Public Law 103-329, Section 629(b), employees are entitled to use sick leave for purposes related to the adoption of a child. Employees may use sick leave for appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow the adoption to proceed.
Section 1. Pursuant to Title 5 Section 7102, United States Code, employees have the right, freely and without fear of penalty or reprisal, to form, join and assist the UNION or to refrain from such activity. The freedom of employees to assist the UNION shall extend to participation in the management of the UNION and acting for the UNION in the capacity of a UNION official.
Section 3. Employees may bring matters of personal concern to the attention of the EMPLOYER, UNION or other appropriate officials.
Section 4. The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or a committee or member thereof, may not be interfered with or denied.
b. The employee requests representation.
Section 10. Notice of Open Seasons
a. Thrift Savings Plan
(1) The open seasons for the Thrift Savings Plan (TSP) are currently 15 November - 31 January and 15 May - 31 July. The EMPLOYER will inform employees by a notice to each employee of the open seasons.
b. Federal Employee Health Benefits
(1) Notice of the annual open season for Health Benefits will be provided to the employees upon receipt from the servicing Civilian Personnel Office.
ARTICLE 28
EQUAL EMPLOYMENT OPPORTUNITY
Section 1. DeCA prohibits discrimination against any employee based on race, color, religion, age, sex, national origin, or mental or physical disability in all civilian personnel decisions. Sexual harassment violates acceptable standards of conduct required of all DeCA employees and no instance of sexual harassment will be tolerated.
Section 2. It is agreed that the Commissary Officer and UNION Officers will meet periodically to exchange information and to discuss matters of general concern which affect employees covered by this agreement within the overall EEO program. Such meetings will not be held to discuss discrimination complaints filed by individuals or groups.
Section 3. Employees will be kept informed of the DeCA EEO program and related programs and how to use them. DeCA will post in conspicuous locations in the workplace, a current list of EEO counselors. These lists will provide the name, location, and telephone numbers of the counselor. Coercion or reprisal against employees who use these programs will not be tolerated. Such employees are assured of confidentiality throughout the EEO process.
Section 4. EEO Appeal Procedure
a. Employees may choose to pursue EEO violations through the Negotiated Grievance Procedure Article or the EEO Statutory Procedure but not both. The election occurs at the formal stage of either process.
b. An employee who elects to pursue the EEO Statutory Procedure based on Section 1 of this Article must consult an EEO counselor in order to try to informally resolve the matter. The employee must initiate contact with an EEO counselor within 45 calendar days of the matter which caused the employee to believe he/she was discriminated against or within 45 calendar days after the perception of discrimination. In the case of a personnel action, the contact must be made within 45 calendar days of the effective date of the action.
Section 5. At all stages throughout the complaint process the employee and designated representative are entitled to reasonable duty time to prepare and present an EEO complaint.
ARTICLE 29
EMPLOYEE ASSISTANCE PROGRAM
Section 1. The Employee Assistance Program (EAP) is established to help employees with health problems such as alcohol or drug abuse or with other personal problems that may also result in impaired job performance or misconduct. The EMPLOYER and the UNION agree to work together to promote use of the EAP when needed. An employee who is interested in this program should contact their supervisor or a UNION representative.
Section 2. Employee participation in the program is voluntary. This program is available to all employees and is conducted in a confidential manner consistent with applicable laws, rules, regulations and this agreement. Information about an employee participating in an EAP may not be disclosed to the employer without the employee's consent; however the employee's status/attendance in such a program may be provided to the EMPLOYER. The employee's job security and promotional opportunities will not be jeopardized solely by participating in the Employee Assistance Program's counseling or referral services.
Section 2. Official Personnel Folders are maintained at the servicing Civilian Personnel Office and will be provided in a timely manner to the employee upon their written request.
Section 3. SWFs are maintained at the Commissary Store and will be provided in a timely manner to the employee upon request.
Section 4. Administration of employee records will be in accordance with governing laws and government wide regulations.
Section 5. Consistent with government wide regulations the employee has the right to provide information for inclusion in their records. Records will be accurate and complete. It is understood that there are limits on what can be maintained in the OPF and time constraints on records maintained by the servicing personnel office.
Section 6. The supervisor will advise the employee when adverse information is placed in the SWF and request the employee initial the entry, and [the employee] will be provided a copy upon request.
Section 7. When the supervisor becomes aware of performance or conduct to be included in the SWF, it will be recorded in a reasonable period of time.
Section 8. Supervisory notes (memory joggers) are for the sole use of the supervisor. If they are communicated to any other party, they must become a part of the system of records and administered in accordance with the Privacy Act and this Agreement.
Section 1. Under the Merit Promotion Program bargaining unit employees are given full and fair consideration for advancement into bargaining unit positions and to ensure selection from the best qualified candidates. Rating plans will be valid and job related. The Merit Promotion Program shall be administered by applicable laws, rules and regulation.
Section 2. The minimum area of consideration is where the EMPLOYER reasonably expects to get at least three highly qualified candidates for the vacancy. Vacancy announcements will be posted on the official bulletin board. Announcements will be open for the length of time in accordance with the DeCA Supplement 1 to DLAR 1404.1 and be posted for the entire open period. A copy of the announcement will be given to the UNION. Employees will advise their supervisors in writing of specific job opportunities in which they are interested and arrange to be notified if such opportunities are advertised while they are absent, on leave, detail, TDY, or at a training course. The EMPLOYER will provide a copy of an announcement to an employee upon request. Information regarding the cancellation of vacancy announcements will be posted.
Section 3. Employees are responsible for submitting required application material to the servicing CPO prior to the closing date of the announcement. Official mail may not be used for submission of job applications.
Section 4. If any referred applicant is interviewed, all of the referred applicants will be interviewed.
Section 5. Selections under the Merit Promotions Program will be posted on each stores official bulletin board that are within the area of consideration of the bargaining unit.
Section 6. When an employee fails to receive proper consideration in a promotion action and the promotion decision is allowed to stand, the employee will be considered for the next appropriate vacancy for which qualified to make up for lost consideration. An appropriate vacancy is a position at the same grade level or promotion potential of the position for which consideration was lost. Promotions will be implemented that are directed by higher authorities to effect corrective action on an equal employment opportunity complaint, appeal, or grievance decision or to correct a violation of regulation or law.
Section 7. Priority referral will be given to employees eligible for grade retention who were downgraded through no fault of their own. They will be referred and considered prior to other merit promotion candidates.
Section 8. A maximum of ten promotion candidates will be referred for each vacancy. One additional candidate will be referred for each additional vacancy. Where ties exist for the final position among the highly qualified candidates after evaluation and ranking factors, such ties will be broken by seniority SCD. Referral listings will be sent to the selecting official in alphabetical order. Where the number of qualified candidates is between three and ten inclusive, initial ranking to comprise the referral list will be on the basis of KSA's only. However, if fewer than three highly qualified applicants, on the basis of KSA's only, would be referred, performance appraisals, awards and education will be used in the ranking of up to ten referred candidates. Referral lists with fewer than three total candidates may be used or may be returned for other recruitment alternatives.
Section 9. UNION may request the ranking plan under Section 7114(b)(4) of the FSLMRS.
ARTICLE 32
TEMPORARY PROMOTIONS
Section 1. Temporary promotions of more than 120 days will be done in accordance with Merit Promotion Procedures Article.
Section 2. Temporary promotions of 120 days or less are considered non-competitive, i.e. not processed through the merit promotion procedures.
a. An internal announcement will be posted for seven (7) calendar days on employee bulletin board(s) advising of the position to be filled, projected length of promotion, required qualifications, name of selecting supervisor, and closing date of announcement.
c. Selecting supervisor will select from among the most qualified of the applicants. Non-selected applicants will be notified of non-selection. At the applicant's request the reason for non-selection will be provided.
d. Selected employees must meet the qualifications as prescribed in the OPM Qualifications Standards Handbook or equivalent, and time in grade requirements for the position.
e. To assure that the servicing CPO has current information and to expedite the processing of the action, a copy of the selected employee's application will be attached to the SF-52 forwarded to the servicing CPO.
f. The temporary promotion will expire on the last day of the NTE date indicated on the SF-50 or when the EMPLOYER determines the work requirement for the temporary promotion no longer exists. In the latter case an SF-52 terminating the temporary promotion will be processed.
g. The employee will be paid for the higher grade from the period starting with the effective date of the promotion as stated on the SF-50 through the expiration or termination date.
h. An employee may not be promoted under these same procedures to a higher graded position for more than any 120 days within a calendar year.
Section 1. The definition of reassignment is permanent change of position without loss of grade or pay.
Section 2. Employees who have a qualified handicap, as defined in 29 CFR, will be provided reasonable accommodations. If such employee is reassigned or detailed, appropriate accommodations must be provided in the new position.
Section 3. An employee who has been injured on the job, may be reassigned or detailed under OWCP procedures.
Section 1. Definition
A detail is a temporary assignment of a Bargaining Unit Employee to another position or set of duties within the Bargaining Unit.
a. A detailed Employee:
(1) is not required to meet the qualification as prescribed in the OPM Qualifications Standards Handbook or equivalent and time-in-grade requirements for the position to which detailed;
(2) does not receive additional compensation if the detail is to a higher graded position and the Employee is not temporarily promoted in accordance with Article 32 (Temporary Promotions); and
(3) continues to officially occupy the position from which the Employee has been detailed.
b. An Employee may not be detailed to a different position for at least 90 calendar days after initial competitive appointment.
Section 2. Documentation
a. Details in excess of five consecutive workdays shall be recorded in the Official Personnel Folder when the employee initiates a Standard Form 172, Amendment to Personal Qualifications Statement, or its equivalent, and forwards it to the Civilian Personnel Office through his/her supervisor for signature.
b. Details for more than 30 days will be documented on an SF-52, Request for Personnel Action.
c. A formal job description will not be required to cover details of 30 days or less.
Section 3. Procedures
a. Details will be made to meet the mission related needs of the Agency.
b. The EMPLOYER agrees that when an employee is detailed, the supervisor will discuss with the employee the reasons for the detail, the nature of the duties to be performed, and the anticipated length of the detail. This does not preclude the supervisor to whom the employee is detailed from assigning the employee other similar duties.
c. Details will be rotated in a fair and equitable manner. Local Labor-Management Partnerships should attempt to decide procedures for such rotation. If no decision is made through partnership, local negotiations are appropriate.
Section 4. Details to Higher Graded Positions
Employees detailed to higher-graded positions will be temporarily promoted, if otherwise eligible and qualified, on the 31st day if the details exceeds 30 days.
ARTICLE 35
PERFORMANCE MANAGEMENT
Section 1. General
a. Performance appraisal and performance management are for the purposes of: producing the utmost performance; maintaining cooperation and communication between employees and supervisors; creating the basis for performance-based actions (positive and negative). The Performance Management System shall be administered in accordance with DeCAD 50-7 and this agreement.
b. Performance standards shall be written at the fully successful level. As applied to employees, DeCA's performance appraisal system and program(s), including the Performance Plan, shall: be attainable, job-related, objective, and not absolute; and permit accurate measurement of performance. When evaluating an employee, the supervisor shall give due consideration to factors beyond the control of the employee.
Section 2. Performance Plan
Management shall request and consider employee input in developing performance plans (defined as performance elements and standards). Any written comments provided by the employee shall be retained with the performance plan. If there is a dispute over the contents of the performance plan, the supervisor shall make the final determination of what goes into the performance plan. An employee may request to be assisted by a union representative in discussions with the supervisor concerning development of the content of the Performance Plan before it has been established. After the Performance Plan has been established by the designated supervisor(s), the employee will be provided a copy of the Plan at the beginning of the performance appraisal cycle. When there is a need for a change in the Performance Plan, the above procedures will again be followed.
Section 3. Performance Discussions
a. The employee and supervisor will discuss the employee's performance under the Performance Plan at appropriate times during the appraisal cycle. At a minimum, such discussions will occur at a mid-point review held during the 7th month. At the request of the local union official, within ninety (90) days before the end of the rating cycle, a meeting(s) may be scheduled with the bargaining unit to discuss the performance management system. Information critical of employee performance which may be significant enough to affect the employee's rating will be called to the employee's attention and documented when the supervisor becomes aware of it. At the end of the rating cycle, the employee will be provided a copy of their performance appraisal rating. If the employee is dissatisfied with a rating, the employee may contest it as provided in the Negotiated Grievance Procedures Article and applicable law.
Section 4. Performance Improvement Plan
a. When the supervisor determines that the employee will fail in one or more critical elements, the supervisor will develop a written comprehensive PIP and include whatever measures the supervisor determines are necessary to bring the employee's performance up to the fully successful level. Any improvement plan that is developed will provide for counseling, training, and guidance, as appropriate.
b. The employee will be given a reasonable amount of time in which to bring their performance up to an acceptable level. At the end of the PIP period, a written determination of the employee's performance on the failed element(s) will be issued. If it is determined that the employee still failed the element, the supervisor will initiate action to remove the employee from the position by reassignment, demotion, or removal.
c. If the employee successfully completes the PIP, but within a year of the onset of the PIP, the employee again becomes unacceptable on the same element (s), the supervisor will initiate removal, demotion or reassignment action, as appropriate.
d. If a PIP period would end after the normal rating cycle, the rating cycle will be extended by the amount of time needed to complete the PIP before a performance appraisal rating is issued.
Section 5. Procedures for Performance-Based Demotions or Separations
a. Following the completion of the PIP period in Section 4, if the decision is to propose demotion or separation, the employee will be provided thirty (30) days advance written notice of the proposed action. The notice will include:
1) the type of action proposed;
2) the specific instances of unacceptable performance by the employee on which the proposed action is based;
3) the critical element(s) of the employee's position involved in each instance of unacceptable performance;
4) the employee's right to be represented by an attorney or other representative; and
5) the employee's right to answer orally and/or in writing within 10 calendar days.
b. The 30-day advance notice period may be extended not to exceed thirty (30) additional days for the following reasons:
1) to obtain and/or evaluate medical information when the employee has raised a medical issue in the answer to the proposed reduction-in-grade or removal;
2) to arrange for the employee's travel to make an oral reply to a DeCA official; or the travel of a DeCA official to hear the employee's oral reply;
3) to consider the employee's answer if an extension to the period for an answer has been granted (for example, because of the employee's illness or incapacitation);
4) to comply with a stay ordered by an official of the Merit Systems Protection Board; or
5) to consider reasonable accommodations of a handicapping condition;
6) for other reasons as approved by OPM
Decisions on extension requests will be provided as soon as possible.
c. A final written decision must be issued to the employee after the end of the advance notice period. The decision notice must be given to the employee prior to the time the action becomes effective. A decision may not be effected until after the advance notice period has expired.
d. The contents of the final decision notice must:
1) specify the instances of unacceptable performance by the employee on which the reduction-in-grade or removal is based;
2) be decided by the reviewing official or other official in the supervisory chain or in a higher position than the individual proposing the action; and
3) inform the employee of their rights to appeal that decision to the Merit Systems Protection Board (MSPB); time limits for filing such appeal; the address of the appropriate MSPB office for filing the appeal; a copy of the MSPB regulation; and a copy of the MSPB appeal form.
4) inform the employee of the right to grieve the decision through the Negotiated Grievance Procedures Article .
Section 1. In accordance with DeCAD 50-8, Recognition and Incentive Awards dated 30 June 1995, DeCA will:
a. Encourage DeCA personnel to improve Government operations and support and enhance DeCA and national goals; and
b. Recognize and reward personnel appropriately, promptly, and on the basis of superior performance, special acts or services, or other personal or group efforts that substantially exceed normal standards or expectations and result in improved Federal Government productivity and/or services.
c. Administer the Incentive Awards Program in accordance with the merit system principles of Title 5, United States Code. Any DeCA employee may nominate their co-workers for all types of awards, either as individuals or as a group. No person will be involved in the approval process of an award that would be considered a conflict of interest. Awards should be presented in a public manner at a ceremony commensurate with the level of the award. The UNION will be invited to awards ceremonies held for employees of the bargaining unit.
Section 2. Types of Incentive Awards may include the following:
a. Monetary
-Performance Award
-Special Act or Service Award
-Quality Step Increase
-Time Off Award e.g.; Goal Days
-On The Spot Award
b. Non-monetary
-Honorary e.g.; Certificate/Memorandum of Appreciation
-Meritorious Medals
-Length of Service, etc.
Section 3. Suggestion Awards
In accordance with DECAD 60-1, IDEAS 30 July 1993, DeCA encourages all employees to participate in the IDEAS (Improve Defense Commissary Agency's Efficiency and Service) Program. The EMPLOYER will endeavor to process all awards and cost reduction ideas in a timely and expeditious manner.
ARTICLE 37
POSITION DESCRIPTIONS and POSITION CLASSIFICATION
Section 1. Position Descriptions
a. The purpose of a position description is to describe officially, for pay and classification purposes, the relevant assigned skills and duties of the position.
b. Position descriptions will be based upon the primary duties and responsibilities assigned in accordance with the work specification of the Position Classification Standard for title, series and grade level of each position. All identical positions within the same organizational unit will normally be covered by the same position description. Where management requires a deviation from such standard position descriptions, the position(s) will be classified according to the duties and responsibilities actually assigned and performed. Addenda, deletions, and amendments to position descriptions will be reviewed by a classifier, and impact thereof recorded on current job descriptions and/or new job descriptions, if applicable, or classification records maintained in the Civilian Personnel Office. Such changes in position descriptions will be discussed with employees and they will be furnished a copy of the changed position descriptions. An employee may request a copy of the position evaluation statement for their position from the classifier.
c. Employees who believe that their position descriptions are inaccurately described may discuss this matter with their supervisors for clarification.
Section 2. Position Classification & Appeal
a. It is agreed that an employee will be notified in writing when an appropriate determination has been made to downgrade or upgrade the employee's position as a result of classification action. The notification will include available appeal procedures. Grades of jobs will not be downgraded except through proper application of classification standards to officially approved job descriptions.
b. The EMPLOYER agrees to provide, upon request by the employee or his/her representative, copies of applicable classification standards.
c. If employees are dissatisfied with their position's pay plan, series, grade, or title, they may pursue a classification appeal through the appropriate appeal procedures. However, employees are encouraged to request a desk audit from their position classifier first. The employee may request a representative of his/her choosing to represent him/her in the classification appeal.
ARTICLE 38
DISCIPLINARY AND ADVERSE ACTION
Section 1. Purpose
The PARTIES recognize that fair and constructive discipline promotes the employee/employer relationship. It is also recognized that the earlier and more complete relevant facts about an incident can be established, the better able the PARTIES can make judgments. Disciplinary and adverse actions shall be constructive and for just cause, promote the efficiency of the service, and assure due process.
Section 2. Definitions
Disciplinary action, for the purposes of this Article, is defined as a suspension of an employee for 14 calendar days or less, or a letter of reprimand.
Adverse action, for the purpose of this Article, is defined as a removal, a suspension for more than fourteen (14) calendar days, a reduction in grade, or a reduction in pay.
Informal actions such as oral admonishments, letters of warning, etc; are not discipline but are intended to correct the conduct before more serious actions are deemed necessary.
Section 3. General
When taking actions under this Article, mitigating and aggravating factors will be considered.
For other than informal actions or letters of reprimand, there will be a proposing and deciding official. The deciding official will be at least one level higher than the proposing official. However, the proposing and deciding official may be the same person when that person is the head of the component e.g., Region Director, Commissary Officer.
Employee will be provided original and one (1) copy of proposals and decisions under this Article.
When the employer determines that formal disciplinary action may be required to correct misconduct on the part of an employee, the supervisor will obtain available information concerning the alleged misconduct. This may include an investigative interview with the employee. The purpose of the investigation is to ensure relevant facts are known and afford employees the opportunity to explain the basis for their actions. Supervisors are encouraged to inform employees of their right to UNION representation in these circumstances.
Prior to the commencement of an investigatory examination, the employee will be informed of the purpose of the examination. The employer will not use any information in support of disciplinary action that was obtained in violation of laws and regulations.
Section 4. Procedures
a. Written Reprimands
Written reprimands shall be maintained as a temporary record on the left hand side of the employee's Official Personnel Folder (OPF) for a period not longer than one year. The supervisor or the employee may initiate a review of the written reprimand at any time to determine if there has been substantial improvement, e.g.; no recurrence of similar or related misconduct. If so, the letter will be removed from the employee?s OPF and the supervisory work folder (SWF).
b. Disciplinary Actions
1. Employees against whom a suspension of fourteen (14) days or less is proposed are entitled to:
a. An advance written notice to enable the employee to understand fully the violation, infraction, misconduct, or offense for which the employee is being charged. The notice will include a description of the offense, times, places, dates, and events that were the basis for the proposed disciplinary action. Upon request, the EMPLOYER will furnish the employee, or the designated representative, a copy of all pertinent information, both for and against the employee;
b. A reasonable time, not less than fourteen (14) calendar days, to answer orally and/or in writing and to furnish affidavits or other evidence in support of the answer. Extensions to this time period will be granted for a demonstrated and valid reason if requested orally or in writing by an employee or designated representative. An employee and designated representative if any, will be authorized a reasonable amount of duty time to prepare an answer, if they are otherwise in a duty status;
c. Be represented by the UNION or other representatives of their choice. Designations will be in writing signed by the employee. Once the designation has been made, all contacts and correspondence will be through the representative;
d. A written decision which includes specific reasons and grievance rights within fourteen (14) calendar days of the employee's response; or, if no response was made, from the end of the response period. Extensions to this time period will be granted for a demonstrated and valid reason if requested orally or in writing by the deciding official or designee.
c. Adverse Actions
1. Employees against whom a adverse action is proposed are entitled to:
a. At least thirty (30) days advance written notice to enable the employee to understand fully the violation, infraction, misconduct, or offense for which the employee is being charged. The notice will include a description of the offense, times, places, dates, and events that were the basis for the proposed adverse action. However if, there is a reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, the advance notice period may be less than thirty (30) days. Upon request, the EMPLOYER will furnish the employee, or the designated representative, a copy of all pertinent information, both for and against the employee;
b. A reasonable time, not less than twenty-one (21) calendar days to answer orally and/or in writing and to furnish affidavits or other evidence in support of the answer. When the crime provision is invoked, the response period may be reduced to not less than seven (7) days. Extensions to the response period will be granted for a demonstrated and valid reason if requested orally or in writing by an employee or designated representative;
c. Be represented by the UNION or other representatives of their choice. Designations will be in writing signed by the employee. Once the designation has been made, all contacts and correspondence will be through the representative;
d. A written decision which includes specific reasons and grievance rights within twenty-one (21) calendar days of the employee's response; or, if no response was made, from the end of the response period. Extensions to this time period will be granted for a demonstrated and valid reason if requested orally or in writing by the deciding official or designee.
Section 5. Grievance and Appeals
1. Disciplinary actions are grievable through the negotiated grievance procedure Article.
2. Adverse actions may be grieved or appealed to the Merit Systems Protection Board (MSPB), but not both.
ARTICLE 39
ELECTRONIC FUNDS TRANSFER
Section 1. Electronic Funds Transfer (EFT) is a method of payment for pay and travel of employees. EFT is a payment method which allows individuals to have their net pay and travel reimbursement sent directly to the account of their choice at their designated financial institution. EFT participants benefit from: increased security of the transaction (no check to be lost or stolen); automatic deposit of their money at the opening of business on the payment date; and the elimination of special trips to deposit or cash Treasury checks. DOD benefits from the elimination of the costs of printing, mailing, replacing and processing individual checks.
Section 2. All employees will be paid by EFT unless a waiver is granted upon receipt of written certification stating that the employee does not have an account with a financial institution. All employees on approved waivers will be converted to EFT on 1 January 1999 unless exempted under Department of Treasury regulations implementing Public Law 104-134.
Section 3. If pay is more than three working days late an employee may request and receive a reissued (recertified) payment.
Section 1. Environmental Differential Pay or Hazardous Duty Pay
Wage grade employees are entitled to environmental differential pay in accordance with 5 CFR 532.511. General Schedule employees are entitled to hazard pay differential in accordance with 5 CFR 550, Subpart I. Pay determination will be made on an individual basis. For example, Wage Grade employees exposed to cold hazard as described in 5 CFR 532.511 will be provided protective equipment/clothing that practically eliminates the hazard. If such protective equipment/clothing is not provided, environmental differential pay will be paid.
Section 2. Shift Differential Pay and Night Pay Differential
a. Wage Grade Shift Differential Pay
|
REGULAR HOURS |
DESCRIPTION |
DIFFERENTIAL |
|
Between 0800 and 1500 |
Shift 1 |
0% |
|
Between 1500 and 2400 |
Shift 2 |
7 1/2% |
|
Between 2300 and 0800 |
Shift 3 |
10% |
Night shift differential is payable for the entire shift if the majority of the employee's regularly scheduled non-overtime work, to include meal periods, is between 1500 hours and 2400 hours on second shift, or between 2300 hours and 0800 hours on third shift. A majority of hours means a number of whole hours greater than one half including meal periods. Working half of the shift (for example; 4 hours of an 8 hour shift) does not qualify for shift differential.
b. General Schedule Night Pay Differential
Night work is defined as work performed by a GS employee between the hours of 1800 and 0600. The amount of night differential pay is 10% of the basic rate of pay. Night differential pay is paid to: an employee who is regularly scheduled to perform night work; an employee who is temporarily assigned night work.
Section 3. Overtime Pay
a. Overtime will be compensated in accordance with applicable provisions of Title 5 and the Fair Labor Standards Act. Overtime is defined as time worked by EMPLOYEES in excess of a eight (8) hour work day or in excess of forty (40) hours in any one administrative workweek.
b. Overtime pay will be recorded in fifteen (15) minute increments.
c. General Schedule overtime will be paid at one and one half times of the individual's hourly rate of basic rate of pay, but not to exceed the hourly rate of basic pay of GS-10 Step 1. Wage Grade overtime will be paid at one and one half times of the individual's hourly rate of basic rate of pay.
d. When an employee is called back to work outside of their regularly scheduled tour of duty, a minimum of two hours work will be recorded on the employee's Time and Attendance (T & A) sheet.
e. At the request of the employee (GS and WG), compensatory time will be granted in lieu of overtime paid for an equal amount of time spent in irregular or occasional overtime work.
Section 4. Sunday Premium Pay
a. Any full time GS or Wage Grade employee (part-time employees are not entitled to Sunday premium pay under any circumstances) is entitled to 8 hours Sunday Premium Pay if any part of the scheduled tour of non overtime duty falls between midnight Saturday and midnight Sunday. Any employee who has a regularly scheduled tour of duty which includes a shift beginning on Saturday and ending Sunday, and a shift that begins on Sunday and ends on Monday, is entitled to Sunday Premium Pay for both days worked. Employees who are regularly scheduled to work on Sunday, but who do not work and take annual or sick leave instead, are still entitled to premium pay for the "scheduled" Sunday work hours. Employees are entitled to Sunday premium pay for each hour of Sunday work that is not overtime work and in excess of 8 hours of each regularly scheduled tour that begins or ends on Sunday.
b. The Sunday Premium Pay rate is 25% of the employees basic hourly rate.
Section 5. Holiday Pay
An employee who performs non-overtime work on a holiday is entitled to basic pay plus holiday pay equal to basic pay.
ARTICLE 41
LABOR-MANAGEMENT PARTNERSHIP
Section 1. General
Labor-Management Partnerships will operate in accordance with Executive Order 12871. No model of what each partnership will look like exists because the partners must decide this. The relationship will vary to fit the specific needs and mutual interests of the partners in different situations. Partnerships will determine their decision making process. The most commonly used and recommended method is by consensus, that is, by agreement of every participant. However, a participant who does not agree is obliged to seek alternatives that are acceptable to all participants. If a decision cannot be reached through partnership, it should be recognized that it may be acted on/implemented through other processes. However, partnership is the preferred operating mode for DeCA and AFGE.
Section 2. Purpose and Principles
The purpose of a DeCA-AFGE labor-management partnership is to design, implement, maintain, and improve a cooperative, constructive working relationship between labor and management to achieve common goals. The common goals include increased quality and productivity, customer service, mission accomplishment, efficiency, quality of work-life, employee empowerment, organizational performance, military readiness and the viability and success of DeCA. To that end, labor-management partners will make the investment necessary to establish an atmosphere of mutual respect and trust in accomplishing DeCA's mission through the operating principle that each partner can succeed only when the other partner(s) succeeds. Partnership will include open and honest communication with a view toward recognizing and addressing the interests of the partners. This relationship must be established and vigorously maintained nationally and throughout the field structure.
Section 3. Commitment
This Article is a commitment by DeCA and AFGE to make their best efforts to ensure that partnership and partnership principles are implemented and practiced where appropriate in day-to-day actions.
Section 4. Objectives
a. Improve the day-to-day operations of DeCA;
b. Ensure implementation of partnership concepts which include:
1) pre-decisional information sharing and involvement
2) shared responsibility when decisions are jointly made
3) finding solutions
4) forwarding partnership recommendations to a deciding official when the partnership does not have deciding authority
c. Ensure implementation of labor-management partnerships, recognizing that the partners have the primary responsibility and accountability for making their partnership succeed;
d. Develop methods of voluntarily resolving partnership disputes without use of a third PARTY;
e. Identify training needed to accomplish partnership objectives;
f. Follow Office of Personnel Management guidance on implementing Executive Order 12871;
g. Evaluate the performance of the each partnership structure and make necessary changes to improve it;
h. Develop categories or criteria to evaluate and understand which decisions made in partnership will be final and binding and which, if any, will be advisory or not final;
i. Apply the categories or criteria during partnership decision-making and before a problem-solving effort is begun.
Section 5. Training for Implementation
a. Joint training for members of partnership councils should be provided as soon as possible. Such training considerations may include: adapting examples of other successful partnership experiences; interest-based bargaining techniques; alternative dispute resolution approaches; and communication and cooperation skills.
b. Such training should to the maximum extent possible draw upon low cost or no cost resources of the Federal Labor Relations Authority (FLA.), the Federal Mediation and Conciliation Service (FMCS), the Department of Labor (DoL), DoD Field Advisory Services, and others.
c. This training should be conducted as required to accommodate new methods and personnel.
Section 6. Communications
The Labor Management Partnership Council shall foster honest and effective communication through the sharing of information that will affect the relationship of this Partnership. Partnerships shall establish an open line of communication that is available to all members. Partnership will provide information about actions and potential actions affecting employees or reflecting the efforts and results of partnership.
Section 7. National Labor Management Partnership
AFGE and DECA agree to establish a National Labor Management Partnership. The PARTIES encourage and extend membership and active participation to other labor organizations that are the exclusive representatives of DeCA employees; the Senior Executive Association; the Federal Managers Association; and DoD.
Section 8. Levels
Labor-Management Partnerships will be established at the national, regional, and store levels. Where reference is made to national partnership councils in this Article, it also refers to regional-level partnerships.
Section 9. Local Partnership Councils
a. At each AFGE bargaining unit, a Local Partnership Council (LPC) will be established. Partners are entitled to equal representation from each participating organization. The membership will consist of a mutually agreed upon number of members from each participating entity of labor and management, but if no agreement immediately reached, then the minimum number shall be 2 from each.
b. The frequency, duration of meetings, and agenda items of each LPC will be mutually agreed upon locally.
c. Members of partnership councils shall have access to communication tools for the purpose of effectively conducting partnership business.
d. In an effort to improve partnership communication management is encouraged to include the Local UNION in management staff meetings where relevant to partnership.
ARTICLE 42
Categories of Employees
The appropriate uses of term, intermittent, part-time, and full-time employees is a paramount concern of the EMPLOYER and the UNION. The EMPLOYER will provide the UNION upon request, the Unit Manning Document and other appropriate available data concerning the use of categories of employment. If surveys are conducted at the store level, regarding categories of employment, the UNION will be invited to participate. The UNION and the EMPLOYER should have ongoing discussions between the PARTIES that may affect use of categories of employment.
ARTICLE 43
ALTERNATIVE DISCIPLINE
The national AFGE and DeCA will investigate further the possibility of designing a mutually beneficial alternative to traditional ways of managing discipline. If such a program is agreed upon, it will be forwarded to the installation-Local level, where it may be adopted pursuant to mutual agreement by a Local and installation operating under this MLA.
If selected by the AFGE Local to participate in a wage survey, one representative per bargaining unit will be released for the survey on official time.
ARTICLE 45
REDUCTION IN FORCE/TRANSFER OF FUNCTION/REORGANIZATION
Section 1. Definitions
Reduction in Force (RIF) occurs when a competing employee is released from their competitive level by separation; demotion; furlough for more than thirty (30) days; or reassignment requiring displacement. A RIF action may be conducted because of lack of work; shortage of funds; insufficient personnel ceiling; reorganization; the exercise of reemployment rights or restoration rights; or reclassification of an employee's position due to erosion of duties when such action will take effect after an agency has formally announced a RIF in the employee's competitive area and when the RIF will take effect within 180 days.
Transfer of Function (TOF) means: A transfer of the performance of the continuing function from one competitive area and its addition to one or more other competitive areas, except when the function involved is virtually identical to functions already being performed in the other competitive area(s) affected; or the movement of the competitive area in which the function is performed to another commuting area.
Reorganization means the planned elimination, addition, or redistribution of functions or duties in an organization.
Section 2. RIF, TOF and Reorganization will be conducted in accordance with applicable laws, government-wide regulations and this agreement.
Section 3. The EMPLOYER shall notify the UNION, with as much advance notice as possible, prior to notifying any bargaining unit employee, when a RIF, TOF or Reorganization may be necessary. The notice will include the reason(s) for the RIF/TOF/Reorganization, approximate number of positions or employees impacted and the approximate date the actions are expected to take place. The UNION agrees to assist the EMPLOYER in keeping employees informed.
Section 4. The EMPLOYER will provide all other pertinent information to the UNION if and when available regarding RIF/TOF/Reorganization. The EMPLOYER will endeavor to provide this information at least 120 days prior to the effective date of a RIF/TOF/Reorganization. Additional information, as it becomes available, will be provided.
Section 5. When the EMPLOYER issues a specific written notice to an effected employee, the EMPLOYER will give written notice to the employee, it will include another copy of the notice with the heading 'THIS COPY MAY BE FURNISHED TO YOUR UNION REPRESENTATIVE'. Upon request and in accordance with applicable laws, and prior to employees receiving specific written notice, the UNION will be provided a list of affected unit employees to include their offers, if applicable, and a copy of the retention register and any revised registers.
Section 6. Employees affected by a RIF shall be given the opportunity to review the retention register(s) and other documents pertaining to the RIF, and to discuss RIF procedures with an appropriate staff member of the EMPLOYER. Employees also have the right to designate a representative to assist them in making this review.
Section 7. Affected employees shall be offered counseling services concerning placement rights, severance pay, retirement eligibility and benefits, the Department of Defense Priority Placement Program (PPP) and other available job placement, training and reemployment programs.
Section 8. The EMPLOYER agrees to make every reasonable effort to minimize the impact of any RIF/TOF/Reorganization. To avoid the separation of employees, such methods as reassignment of continuing positions, to include waiver of qualifications, or restriction of recruiting will be utilized to the maximum extent feasible.
a. At the earliest possible stages of development prior to the determination of whether to contract out, consistent with procurement and conflict of interest requirements, the UNION will have the opportunity to consult and fully participate in the development of supporting documents and proposals, including the development of performance standards, performance work statements, management plans/management efficiency study, the Milestone Chart governing the conduct of the CA study, the development of in-house and contract cost estimates, and any other information used in the development of the above documents. The UNION will have the opportunity to consult with management at least monthly.
b. Upon issuance, a solicitation used in the conduct of a cost comparison will be made available to the UNION for comment. The UNION will be given the opportunity to review the document and submit comments before final receipt of offers from the private sector. Private sector offerors shall comment as provided by the federal acquisition regulations (FAR).
Section 2. The EMPLOYER agrees that, to minimize adverse action and reduce separations of employees affected by a contracting out decision, it will use attrition and restrict new hires, and to the maximum extent possible will place affected employees in continuing positions. Negotiations will be held upon request of the UNION, including but not limited to matters under section 7106(b)(1) of Title 5.
Section 3. Briefings will be held with affected bargaining unit employees at least monthly, unless mutually agreed by both UNION and management to postpone, for the purpose of timely providing information concerning CA studies. The UNION will be given an opportunity to participate in such briefings.
Section 4. The management and the UNION recognize the right of first refusal required by OMB Circular A-76 and its Supplement. Declining to exercise the right of first refusal due to displacement from contracting out shall not be deemed to be a waiver of any appeal grievance rights by a bargaining unit employee he/she might have under applicable law, regulation, and this agreement.
Section 5. The EMPLOYER and the UNION will cooperate and communicate to the maximum extent possible.
Section 6. During the contract performance period the UNION is encouraged to bring known contract discrepancies to the appropriate contract administrator or designee's attention.
ARTICLE 47
NEGOTIATED GRIEVANCE PROCEDURE
Section 1. The PARTIES agree that this Article establishes the exclusive procedure available to unit employees and the PARTIES for the processing and settlement of grievances which fall within its scope, including questions of grievability and arbitrability. The PARTIES recognize and endorse the importance of bringing to light and resolving grievances in a prompt manner. Normally the expeditious settlement of grievances at the lowest possible level is in the best interest of the PARTIES.
Section 2. A grievance means any complaint:
a. by any employee concerning any matter relating to the employment of the employee;
b. by the UNION concerning any matter relating to the employment of any employee; or
c. by the UNION, or the EMPLOYER concerning:
(1) the effect or interpretation, or claim of breach of this Agreement; or
(2) any claimed violation, misinterpretation, or misapplication of law, rule or regulation affecting conditions of employment.
Section 3. The following matters are excluded from this grievance procedure:
a. Any claimed violation of Subchapter III of Chapter 73 of Title 5, U.S.C. (relating to prohibited political activities);
b. retirement, life insurance or health insurance;
c. any examination, certification, appointment, e.g., the separation of an employee during a probationary or trial period;
d. A suspension or removal under Section 7532 of Title 5 U.S.C. (related to national security);
e. the classification of any position which does not result in the reduction in grade or pay of an employee;
g. to extent required by law, the separation of an employee while serving under a temporary appointment;
h. the termination a of temporary promotion or detail where the work requirement no longer exists;
i. non-adoption of a beneficial suggestion concept;
k. notice of proposed disciplinary or adverse action.
Section 4. Only the employee or a representative designated by the UNION may be the representative in a grievance under this procedure. Once a grievance is filed the UNION has the right to be present at all stages, and to be provided a copy of any decision issued. Any resolution of the grievance must comply with the terms and conditions of applicable collective bargaining agreement(s). If the UNION is the designated representative, the employee will so state in writing, and any changes to that designation also will be in writing. Communications under this procedure shall be to the official designated on the grievance form. If the UNION designated representative is changed, the UNION will notify management of said change, in advance if possible.
Section 5. If two or more employees or the UNION have identical grievances with no individual variation, the UNION may select one grievance for processing and any decision on that grievance shall be binding to all of the other identical grievances. Each grievant and the UNION shall be provided a copy of the grievance decision.
Section 6. Grievance time limits shall be followed by all PARTIES. In unusual circumstances, exceptions may be made for good cause shown. Time limits may be extended by mutual agreement.
Section 7. The following procedure shall be used in cases of grievance(s) filed by an employee and the UNION in behalf of an employee:
STEP 1. The employee or their representative shall present the grievance on the Grievance Form contained at Appendix C to the immediate supervisor within 21 calendar days after the matter giving rise to the grievance, or within 21 calendar days following the date the employee could have been reasonably expected to be aware of the matter giving rise to the grievance. The grievance statement will include the basis for the grievance, the remedy requested and the identification of the employee's representative. The basis for the grievance may include such relevant information as provision of law, regulation or Article and section of this Agreement allegedly violated. A timely meeting will be held if requested in the Step 1 filing or by the Step 1 official. The supervisor will issue a written decision to the grievant within 10 calendar days of receipt of the grievance. If resolution is not reached during Step 1, either PARTY can request grievance mediation in accordance with the Grievance Mediation Article.
STEP 2. If the matter is still not resolved after receipt of the STEP 1 response, the grievance shall be presented in writing to the Head of the Activity/Directorate (Commissary Officer at the store level) within 10 calendar days following receipt of the STEP 1 decision. The subject matter/ substance of the grievance will remain unchanged throughout the negotiated grievance procedure. The Step 2 grievance will be filed using the agreed upon Grievance Form contained at Appendix C. A timely conference will be held if requested in the Step 2 filing or by the Step 2 official. A written decision will be issued within 10 calendar days of receipt of the grievance by the Head of the Activity/Directorate (Commissary Officer at the store level). Such decision will be the final AGENCY decision for purposes of these procedures. In a grievance involving a disciplinary/adverse or performance-based action, if the CSO is involved or is the proposing official for the action, then the final step grievance official will be the Zone Manager level.
Section 9. In order to foster cost-effective and efficient management, promote orderly operations and to foster their partnership, the UNION and MANAGEMENT agree that problems should be addressed through partnership on an ongoing basis. Grievances are the right of employees, EMPLOYER and the UNION, and when used should be taken seriously by all PARTIES with commitment to using them as a means to resolve problems.
Section 10. When management files a grievance or the UNION files grievances in its own name, the following procedure will be used. In other cases the grievance procedure as outlined in Section 7 will be used. If a grievance arises between the PARTIES, either the UNION President or CSO or their designees may file a written grievance with the other PARTY within 21 calendar days after the matter giving rise to the grievance or the day the PARTY could have reasonably been expected to be aware of the matter giving rise to the grievance. The grievance will state the basis for the grievance, the provision of law, cite the regulation or Article and section of this Agreement allegedly violated if known and applicable, the relevant facts and the relief being sought. Within 10 calendar days after the grievance was filed the PARTIES will meet and attempt to resolve the grievance. If resolution is not reached during this meeting, either PARTY can request grievance mediation in the same manner outlined in the Grievance Mediation Article.
a. If grievance mediation is invoked, the decision will be issued within 10 calendar days after final mediation contact, unless the grievance was concluded by written mediation settlement; or
b. If there is no mediation, a final written decision, including any position on grievability or arbitrability must be rendered by the respondent within 10 calendar days of the grievance meeting. If a timely decision is not issued as required above or the grieving PARTY is dissatisfied with the decision, the grieving PARTY may proceed to arbitration in accordance with the Arbitration Article. Time limits may be extended by mutual agreement.
ARTICLE 48
GRIEVANCE MEDIATION
Section 1. The PARTIES agree that grievance mediation may be an effective method of resolving grievances efficiently and economically by using the services of an objective third PARTY to help the PARTIES gain mutually acceptable grievances resolutions. Grievance mediation is available after the first step of the grievances procedure if requested in accordance with the following.
Section 2. The PARTIES agree that grievance mediation will occur in each grievance so long as:
a. Either PARTY requests mediation within ten (10) calendar days of receipt of the first step grievance decision,
b. Grievance mediation is completed within 30 days of timely request, extensions of this time limit can be mutually agreed to. If no extension occurs, the time limit to move the grievance to step two resumes on the thirty first day.
c. Grievance mediation will occur only in those areas where FMCS, FEB, DoD or other mutually agreeable low cost/no cost mediators are available.
Section 3. The PARTIES agree to the following mediation procedures:
a. The PARTIES will jointly select a mediator from the sources identified in 2c.
b. Should mediation be unsuccessful, second step time limits will begin the day following the final mediation contact.
c. Proceedings before the mediator will be informal. Rules of evidence shall not apply. No record of the meetings shall be made.
d. In accordance with the negotiated grievance procedure Article, the grievant(s) may be represented by the representative(s) of their choice. Discussion will be open to all participants (grievant(s), management representative(s), UNION representative(s), mediator).
e. While the mediator shall have no authority to impose a resolution of the grievance, either or both PARTIES may request that the mediator suggest a resolution or offer a recommendation to the PARTIES. The mediator will have the authority to meet separately with either PARTY.
f. If a recommendation is adopted it will be reduced to writing, signed and implemented and the grievance will be considered concluded.
g. Grievances not resolved through mediation may proceed to Step 2. Any grievance and arbitration proceedings will be held as if grievance mediation had not occurred. Nothing said or done by the PARTIES or the mediator during the mediation session may be used or referred to during arbitration proceedings.
h. Any materials presented to the mediator shall be returned to the PARTY presenting the materials at the termination of the mediation conference.
i. Mediation conferences will be held at a location which is agreeable to the PARTIES and the mediator. By mutual consent of the PARTIES, mediation conferences may be conducted telephonically.
j. No cost mediation will be used when available. Regardless of which PARTY requests mediation, mediation will not occur if it would require either PARTY to incur costs against its wishes. If it is decided that mediation is cost prohibitive, time frames for Step 2 of the grievance procedure will start the following day.
Section 4. The PARTIES agree that grievance mediation is a supplement to, and not a substitute for the contractual grievance procedure.
Section 5. All matters subject to the negotiated grievance procedure are appropriate for inclusion in the grievance mediation process.
Section 1. If the EMPLOYER and the UNION fail to settle any grievance properly processed under the Negotiated Grievance Procedure and either PARTY desires to further pursue the matter, the grievance, upon written request by either the UNION or the EMPLOYER, may be submitted to arbitration. A request for arbitration must be submitted by either the EMPLOYER or the UNION within 30 calendar days after issuance of the applicable PARTY's final decision with respect to the grievance.
Section 2. The PARTIES are encouraged to attempt settlement at the time arbitration is invoked and throughout the process. The notice to invoke arbitration must be signed by the CSO/designee or the union president/designee, as appropriate.
Section 3. The process for selecting an arbitrator and proceeding to hearing shall be as follows:
a. Within 7 calendar days from the date of the written notice to invoke arbitration, the PARTIES will jointly request a list of seven arbitrators from the Federal Mediation and Conciliation Service (FMCS).
b. Within 14 calendar days following receipt of the list of arbitrators the EMPLOYER and the UNION will select an arbitrator. If the PARTIES cannot mutually agree upon one of the listed arbitrators then the EMPLOYER and the UNION will alternately strike one name from the list and will repeat this procedure until only one name remains. The remaining named person will be the duly assigned arbitrator. The decision on who will strike first will be decided by the toss of a coin. Within 5 calendar day after selection of the arbitrator, the PARTIES will notify the FMCS in writing of the PARTIES' selection. Upon contact by the arbitrator with the PARTIES, a conference will be held to discuss arrangements for the arbitration hearing.
c. The PARTIES may attempt to jointly stipulate the issue(s) to be arbitrated. If the PARTIES fail to agree on a joint submission of the issue for arbitration, each PARTY may prepare a separate submission and the arbitrator shall determine the issue(s) to be heard.
d. The PARTIES may mutually agree to extend the time limits set forth in the process.
Section 4. Threshold issues such as compliance or non-compliance with the negotiated grievance and arbitration procedure are matters for decision by the arbitrator.
Section 5. By mutual agreement, expedited arbitration may be used for grievances involving reprimands, awards, performance appraisals where unacceptable performance is not in dispute, and ALOC determinations. If mutual agreement is not reached, the regular arbitration procedures will be used. Under expedited arbitration: briefs and transcripts will not be used; each PARTY will have up to 2 hours to present his/her case (expandable by the arbitrator, as he/she deems necessary); and a bench decision may be requested.
Section 6. The arbitration hearing, if held, shall be conducted during the regular day shifts Monday through Friday. The grievant and approved witnesses, who are otherwise on duty shall be excused from duty to participate in the arbitration proceedings during the time they are required without loss of pay or charge to annual leave. If necessary, the grievant's tour of duty will be rescheduled to allow the grievant to attend the hearing. Witnesses tours of duty will be rescheduled only for the time necessary to provide testimony at the hearing. Scheduling of witnesses will be done in consideration of the mission of the Commissary.
Section 7. The PARTIES will request the arbitrator render a decision as quickly as possible but not later than 30 calendar days from the conclusion of the hearing unless the PARTIES agree otherwise.
Section 8. The arbitrator shall not have authority to change, modify, alter or delete any terms of this agreement, or any supplements thereto. The arbitrator's decision shall be final and binding. Either PARTY may file an exception to the arbitrator's award with the Federal Labor Relations Authority in accordance with law and regulation.
Section 9. Arbitrator Fees and Expenses
a. The fees and expenses of the arbitrator shall be borne equally by the EMPLOYER and the UNION.
ARTICLE 50
ALTERNATIVE DISPUTE RESOLUTION
The PARTIES agree that Alternative Dispute Resolution (ADR) should be considered as an effective means of resolving, reducing and possibly eliminating workplace disputes. ADR techniques include, but not limited to, the following:
a. Alternative Discipline
b. Binding arbitration
c. Conciliation
d. Dispute Panels
e. Facilitation
f. Interest Based Problem Solving
g. Fact finding
h. Mediation
i. Mini-trials
j. Settlement Conferences
k. Partnership
More specific information and training regarding the features of these ADR techniques are available from the servicing satellite office.
Additional information may also be obtained from the Federal Mediation and Conciliation Service at (202) 606-5445 or fax (202)606-3679.
ARTICLE 51
UNFAIR LABOR PRACTICES
Information: An unfair labor practice is a violation of FSLMRS. See 5 U.S.C., section 7116.
Section 1. AFGE Locals and DeCA Commissaries are encouraged to discuss potential charges of unfair labor practice (ULP) through their local labor-management partnerships prior to filing them with the Federal Labor Relations Authority. Alleged violations of the Federal Service Labor Management Relations Statute (FSLMRS) that could result in the formal filing of a ULP charge by either party should be subject to frank and open discussion in such partnership.
Section 2. When a PARTY elects to apply this Article, the PARTY alleging the violation will provide the other PARTY a written outline of the dispute to expedite understanding of the dispute.
--the PARTIES will then discuss the issue and make a good faith attempt to resolve the alleged violation, including corrective action.
--if resolution is reached, it shall be reduced to writing, and signed and implemented by the parties.
--if resolution is not reached, each PARTY is free to pursue its position in accordance with the Rules of the Federal Labor Relations Authority.
Section 3. If a ULP charge is filed, the charging PARTY shall provide the other PARTY with a copy in accordance with the Rules of the Federal Labor Relations Authority. PARTIES may agree to establish other ways to resolve ULP charges that have been filed, and to utilize the services of the Federal Labor Relations Authority's Collaboration and Alternative Dispute Resolution (CADR) program at (202) 482-6503.