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 Cong