PREAMBLE

This agreement is made by and between the Defense Distribution Region West and Defense Distribution Depot Puget Sound (DDPW), hereinafter referred to as the "Employer" and the Bremerton Metal Trades Council, hereinafter referred to as the "Council."
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WITNESSETH

In accordance with the provisions of Title VII of the Civil Service Reform Act of 1978, and in consideration of the mutual covenants herein set forth, the parties hereto intending to be bound, hereby agree as follows:
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ARTICLE 1 RECOGNITION AND COVERAGE OF AGREEMENT

Section 101.

The Employer hereby recognizes that the Council is the exclusive representative of all collective bargaining unit employees as defined in Section 2 below.

Section 102.

The unit to which the Agreement is applicable:
A. All employees including temporary, probationary and intermittent employees of DDPW represented by the Bremerton Metal Trades Council, except professional employees, management officials, supervisors, employees engaged in Federal personnel work in other than a purely clerical capacity and any confidential employees.
B. This Contract is not subject to past decisions or interpretations from any third party and is considered a new contract, with new language between the parties.
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Article 2 RIGHTS OF THE EMPLOYER

Section 201.

It is agreed that the Employer retains the right:
A. To determine the mission, budget, organization, number of employees, and internal security practices of DDPW; and
B. In accordance with applicable laws:
(1) to hire, assign, direct, layoff, and retain employees in the agency; to establish performance standards and performance elements and critical elements; 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 DDPW operations shall be conducted;
(3) with respect to filling positions, to make selection 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 DDPW mission during emergencies.

Section 202.

DDPW retains the right to determine types and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work, budget and organization.
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ARTICLE 3 RIGHTS OF EMPLOYEES

Section 301.

Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided in this agreement, such right includes the right:
A. To act for a labor organization in the capacity of a Representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities; and
B. To engage in collective bargaining with respect to conditions of employment through Representatives chosen by B.M.T.C..

Section 302.

Each employee shall have the right to bring work related matters, or matters of personal concern, to the attention of the employee’s designated Union Representative and/or appropriate officials of the employer such as the immediate supervisor, Equal Employment Opportunity Counselor, Employee Assistance Program Coordinator, Safety Officer, or the Office of Civilian Personnel. the employee must obtain the immediate supervisor’s or designee’s permission prior to leaving the work site during duty hours.

Section 303.

Employees of the unit have the right to have Union Representatives present at discussions between themselves and supervisors, or other Representatives of the Employer as hereinafter provided in this Agreement. This does not apply to day-by-day meetings between the employee and the supervisor concerning such items as planning, organizing, directing, evaluating and controlling work.
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ARTICLE 4 RIGHTS OF THE UNION

Section 401.

The Council is the exclusive Representative of the employees in the unit and is entitled to act for and negotiate collective bargaining agreements covering those employees.

Section 402.

The Council will exercise those entitlements without discrimination and without regard to labor organizations membership.

Section 403.

The exclusive representative of the appropriate unit 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 unit or their representatives concerning any grievance or personnel policy or practices or other general condition of employment.

Section 404.

The exclusive Representative of the unit shall be given the opportunity to be represented at any examination of an employee in the unit by a representative of the agency in connection with an investigation if:
A. The employee reasonably believes that examination may result in disciplinary action against the employee; and
B. The employee requests representation.

Section 405.

The Employer agrees to inform unit employees of those rights in Section 4 above semiannually, in writing.

Section 406.

The parties agree to meet and negotiate in good faith, for purposes of arriving at a collective bargaining agreement. If agreement is reached, the parties agree to execute, at the request of any party to the negotiation, a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement.

Section 407.

Upon written request, the employer will furnish to the Council such data, not prohibited by law, which is normally maintained by the Employer 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, counsel, or training provided for management officials or supervisors, relating to collective bargaining. the council recognizes that a ten (10) working day period of time may be needed by the employer to respond to such data requests. When it is not possible to respond with the time frame, an extension will be requested.

Section 408.

The Council has the right to negotiate matters as discussed in Article 6 which are the subject of any rule or regulation provided the rule or regulation is not government-wide rule or regulation regarding personnel policies, practices or working conditions affecting unit employees or is inconsistent with an agency or government-wide rule or regulation or federal law.

Section 409.

The Council may not preclude a unit employee from being represented by an attorney or other representative while exercising grievance appellate rights established by law, rule, or regulation outside this agreement, nor in exercising any grievance or appellate rights established by law, rule, or regulation.

Section 410.

The employer will provide the Council a quarterly listing of employees in the unit. The listing will contain the work area of each employee and be sorted by division. The employer will distribute union sponsored information via the guard mail system.

Section 411.

The Employer will provide the Council an opportunity to be present at all New Employee Orientations and, if present, will introduce the Union Representative, and give him/her the opportunity to give a presentation. New employees will be provided a copy of this agreement during their inprocessing and advised of the procedures for contacting a Council Representative.
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ARTICLE 5 PROVISIONS OF LAW AND REGULATION

Section 501.

In the administration of all matters covered in the Agreement, officials and employees are governed by existing or future laws, and government-wide regulations of appropriate authorities, by published DOD and DLA policies and regulations in existence at the time the Agreement was approved; and by subsequently published DOD and DLA policies and regulations required by law or by the government-wide regulations of appropriate authorities.

Section 502.

Subsequent instructions affecting personnel policies, practices and conditions of employment will be processed in accordance with procedures in Article 6, Section 2. All DDPW instructions covering personnel policies, practices and general working conditions in existence at the time this agreement is approved hereby become subject to the provisions of this agreement. Where the language of this Agreement and the language in an instruction in existence at the time of the Agreement are in conflict, this Agreement will take precedence.

Section 503.

The Employer agrees to place the Council on the distribution list for Activity Instructions, and provide on floppy disk if available (as technology improves) CPO Instructions and DLA Instructions dealing with personnel procedures and policies. This shall include any changes or additions thereto as issued.
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ARTICLE 6 MATTERS APPROPRIATE FOR NEGOTIATION

Section 601.

If the Employer proposes to make minor changes in personnel policies, practices and matters affecting unit employee’s working conditions, the Division Chief or designee will meet and discuss the proposal with the Council Chairperson or, in his/her absence, the Chief Steward prior to implementation. If the Council considers the change to be substantive, or no agreement is reached, the procedures in Section 2 will apply.

Section 602.

If the Employer proposes changes in personnel policies, practices and matters affecting unit employee’s working conditions which cannot be resolved as in Section 1 above, a draft copy of the proposal, with supporting documentation, will be submitted to the Council’s Chairperson, or Chief Steward or designated Representative, and the following procedures will be used:
A. The Council will have five (5) work days to advise the employer, in writing, if they desire to consult on the matter. Extensions may be requested by either party. If the Council has no questions or concerns and does not respond, the employer is free to implement the new or revised policy or rule.
B. If the Council does respond, the parties will meet within five (5) work days and attempt to reach an agreement through consultation.
C. When additional information is requested by the Council, and it is available to the employer, it will be provided by the employer with five (5) work days.
D. All agreements concerning DDPW instructions dealing with conditions of employment that are reached through this procedure will be reduced to writing, and will become a part of and subject to the provisions of this agreement.
E. If the parties fail to reach agreement, the Council may request formal negotiations. The Council’s request for negotiations will be made within ten (10) work days of receipt of the requested information, and will contain the union’s written proposal. If the Council does not make a timely request for negotiations, it will be deemed to have waived such right. The parties will meet on a mutually agreed date to begin negotiations.
F. Negotiations shall take place between 0730 and 1600, Monday through Friday. There will be an equal number of representatives from each party, normally not to exceed three (3) being in a duty status. If either party requires additional representatives in attendance at the negotiations, the parties shall agree on the number to be in a duty status prior to the negotiations meeting.
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ARTICLE 7 Union Representation

Section 701.

The Employer agrees to recognize four (4) Council Representatives (the Council may refer to them as Chief Steward, Stewards and/or Chairperson) as authorized/recognized to receive official time to perform representational functions at DDPW. The Employer agrees to authorize up to ten (10) hours of official time per week for the Chief Steward and up to one (1) hour per day for Stewards/Chairperson. This official time is exclusive of Safety Committee, Partnership and meetings with management (i.e. grievance, Weingarten, etc.). The Council shall supply the Employer in writing and shall maintain with the Employer on a current basis, a complete list of all authorized representatives and the area they represent. This list will include the Council designated individual to be the Point of Contact (POC) on changes and bargainable issues. The Employer agrees to post the list of representatives and their work phone numbers on official bulletin boards and up to four (4) times a year in the DDPW Newsletter.

Section 702.

The Council will advise the Employer of the areas of responsibility of authorized representatives. The Chief Steward will be responsible for assignments of representatives. The Council agrees to keep the Employer informed of said changes as they occur. The Council Representatives may receive, investigate, present and process grievances on official time. they will also advise employees of rights and procedures outlined in the Agreement and applicable regulations or directives for resolving grievances or complaints. When an investigation requires contact with any Management Official, the Representative must identify his/herself and identify the issue being brought to that official. Failure to do so will constitute reason for any official to not agree to the meeting.

Section 703.

When Council Representatives are required to leave their assigned duties on appropriate matters as discussed in Section 2 above, they will request permission from their immediate supervisor. Council Representatives will be allowed official time to perform duties outlined in Section 2, above.

Section 704.

The Employer agrees not to transfer union representatives from one work location or work shift to another unless such transfer is dictated by compelling work commitments or it has been determined that the Representative possesses unique skills for a particular assignment; needs to acquire certain skills or to improve chances for a promotion; or is affected by a reduction-in-force procedures. Such actions will be coordinated with the Council in advance to allow the Council to concur or propose alternatives to ensure continuous representation of unit employees.

Section 705.

The Chairperson for the Council, or written designee, will be the sole point of contact in all matters of personnel policies, practices, procedures and matters affecting conditions of employment. In case of absence of these officials, the Council will designate an alternate as point of contact.
A. The chairperson, or written designee, is the only Council representative with the authority to negotiate changes in the agreement on behalf of the Council.
B. In the absence of the chief steward for second step grievance processing, the Chairperson may be present.

Section 706.

The Employer agrees that the national officers of the Bremerton Metal Trades Council and affiliated Unions, who are not active employees of DDPW may be admitted upon approval of a request to the Employer for the purpose of meeting officials of the union, or the Employer during working hours. Such visits shall be governed by security regulations. Visits by these individuals will be coordinated with the Labor Relations Officer. The President of the Council will contact the Labor Relations Officer and advise of their presence.
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ARTICLE 8 HOURS OF WORK

Section 801. The administrative workweek is the calendar week 0000 Sunday through 2400 Saturday. The basic workweek will consist of five (5) eight-hour day shifts, Monday through Friday, inclusive, except in those functional areas that require other shift work. Other basic workweek schedules may be established under conditions where the Employer could be impeded in carrying out its mission, as determined by the Depot Commander.

Section 802.

The Employer will make a reasonable effort to assign employees to the basic workweek to the maximum extent possible by workload commitments, facilities, and space.

Section 803.

Basic workweeks other than Monday through Friday will be established in accordance with specific relevant provisions of 5 CFR, 610-121. The Council will receive notification of establishment of such workweeks in advance.

Section 804.

The Employer agrees that a reasonable effort will be made to assign employees to shifts on a voluntary basis. Employees assigned to shifts will be in accordance with grade and position required.
A. Reassignment of personnel to work sites, work stations or taskings within a Branch or smaller unit will be at the discretion of the supervisor unless the transfer involves a shift change.
B. Reassignment of personnel outside of a Branch or from one shift to another will be accomplished by using the following criteria in the order presented:
(1) Selection made based on unique needs or skills as determined by the supervisor.
(2) Volunteers solicited, with the supervisor having decision authority as to the selectee.
(3) If no volunteers are received, the employer will use the SCD for leave to select (from bottom up) on a rotational basis. Employees with unique work assignments or essential skills as determined by the Division Chief may be excluded.

Section 805.

Time, as required by the Employer, will be allowed, consistent with the nature of the work performed, for employees to clean-up and protect government property, equipment, or tools prior to lunch break and at the end of the work day.

Section 806.

If an employee is required to work through his/her regular lunch period, the appropriate supervisor may reschedule the employee’s lunch period, job requirements permitting, provided such alternate lunch period may not begin more than one (1) hour prior to or more than one (1) hour later than the starting of the employee’s normal lunch period.

Section 807.

The Employer recognized that during winter months, some areas are more heavily impacted by snow and ice than other areas. The Employer therefore agrees to grant administrative leave if the decision is made to cease all but critical operations. If normal operations are maintained during adverse weather conditions, a liberal leave policy will be applied to those non-essential employees who are heavily impacted by adverse weather.

Section 808.

There will be a fifteen (15) minute work break during the first half of the work shift and a fifteen (15) minute work break during the second half of the work shift for all employees.

Section 809.

Ordinarily, the hours of work will be from 0630 to 1500. However, hours that are actually worked prior to this agreement will stay in place and effect. Management retains the right to change hours/days as determined by workload and/or correct any abuse of the present hours of work.
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ARTICLE 9 OVERTIME

Section 901.

Any work performed in excess of eight (8) hours during a workday or forty (40) hours in a workweek will be considered overtime and compensated accordingly.

Section 902.

Overtime assignments whenever possible will be distributed fairly among qualified employees in accordance with their particular skills and the need for overtime work. The Employer agrees, upon request, to relieve an employee from an overtime assignment provided another qualified employee is available and willing to accept the assignment. The Employer shall determine the numbers and qualifications required for such overtime work, and shall select and assign employees to overtime work accordingly, subject to the provisions of the Agreement. When overtime is offered to an employee and he/she is granted relief from the assignment, the hours of overtime declined will be considered as overtime hours for the purpose of determining the equity of overtime distribution. Requests for release from overtime for valid emergency reasons shall be considered.

Section 903.

In the assignment of overtime, the Employer agrees to provide the employee with as much advance notice as practicable in the circumstances and further agrees to give due consideration to the employees personal circumstances, subject to the paramount requirements of fulfilling the mission of the Activity.

Section 904.

An Employee designated to work overtime on days outside his/her workweek will be advised of the possibility no later than twenty-four (24) hours prior to the end of his/her last shift before overtime commences, except in cases of unforeseen emergencies or circumstances.

Section 905.

The Employer agrees to give due and careful consideration to any reason the employee might offer for being relieved from the assignment. Whenever possible, an employee will not be required to work more than thirteen (13) consecutive days.

Section 906.

The Employer agrees to consider providing at least four (4) hours of work to an employee who is requested to perform irregular or occasional work on an overtime basis. When the services of the employee are not required for this period of time, the employee will be paid a minimum of two (2) hours overtime pay for each callback.

Section 907.

Suitable records of overtime worked will be maintained. The Employer agrees to allow a Council Representative to inspect existing overtime records to the extent necessary to determine alleged inequities in overtime distribution. Such requests by the Council shall specifically identify the organizational section of the unit employees involved.
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ARTICLE 10 ANNUAL LEAVE

Section 1001.

Employees shall accrue annual leave in accordance with appropriate regulations. Subject to the manpower requirements of the Employer, approval of an employees request for annual leave will be granted when his/her request is submitted at least twenty-four (24) hours in advance. Emergency/unscheduled call-in for leave will be personally requested within the first hour of the shift.

Section 1002.

The Employer agrees to schedule approved leave for vacation purposes of at least two (2) consecutive weeks. The requests must be submitted not later than the last work day of January with approval/disapproval back in the employee’s hands no later than February 15. In the event of unresolved scheduling, seniority will resolve.

Section 1003.

Every reasonable attempt will be made to satisfy the desires of the employee with respect to approving extended annual leave for vacations. When the Employer finds it necessary to cancel these previously approved vacation leaves, the reasons for such cancellation will be given to the affected employee(s) in writing. In no case will cancellations be made with less than (2) two weeks advance notice unless cancellations are necessary for valid operational reasons.
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ARTICLE 11 ADMINISTRATIVE LEAVE AND LEAVE OF ABSENCE

Section 1101.

A. Employees may be granted accrued annual leave or leave without pay to accept temporary labor organization positions or to attend conventions or meetings of labor organizations as defined in the Civil Service Reform Act of 1978 subject to the manpower requirements of the employer.
B. Employees may be granted leave of absence with or without pay for other purposes in accordance with the provisions of law, rule or regulation (i.e., examinations, interviews, etc.)

Section 1102.

Employees who are absent on approved leave-without- pay for periods of up to one(1) year shall accrue all applicable rights and privileges in respect to coverage under the federal employees group life insurance and federal employees health benefits program.

Section 1103.

In accordance with the applicable regulations, an employee shall be allowed excused time, without charge to leave or loss of pay, subject to the identified manpower requirements of the Employer as hereinafter provided:
A. Council Representatives may be excused to attend information or orientation sessions as determined by the Employer to be of mutual concern or benefit to the Employer and the Union.
B. Employees who volunteer as blood donors (either to the blood bank or directly to individuals) may be excused for this purpose, not to exceed four hours.
C. Each Council Representative and supervisor will receive eight (8) hours of joint contract training time to be used within 90 days of receipt of contract. The Employer agrees to make suitable arrangements for a training room and equipment to facilitate this training.
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ARTICLE 12 SICK LEAVE

Section 1201.

Employees shall earn sick leave in accordance with applicable statutes and regulations. Sick leave shall be granted to employees when they are incapacitated for the performance of their duty by sickness, injury, or pregnancy and confinement, or for medical, dental, or optical examination or treatment. This includes the use of the Family Medical Leave Act/Family Friendly Leave Act.

Section 1202.

An employee who is absent on account of sickness shall personally notify his/her immediate supervisor during the first hour of the shift on the first working day of the absence (extenuating circumstances will be considered). The employee must reach a full and complete understanding with the supervisor as to the number of days the individual will be off. The employee will follow the call-in procedure on any days in excess of what was agreed to with the supervisor. Such notification is not justification for approval or disapproval of the sick leave. Requests for sick leave for medical, dental, optical examination or treatment, or family leave shall be submitted for approval at least 24 hours in advance, if possible, unless of an urgent nature. Employees will be required to provide medical certification indicating incapacity for performance of duty if the absence exceeds three days.

Section 1203.

In the event a supervisor feels an employee is improperly using sick leave, the supervisor will provide the employee counseling. The Supervisor should be alert to detect excessive sick leave or abnormal trends by an individual employee. If such usage is detected, the supervisor shall meet with the employee in an attempt to determine if other counseling resources may be beneficial prior to issuing a letter of requirement. However, it is understood that the employer has the right to require an employee to furnish a medical certificate for each absence to be charged as sick leave if there is a belief that the employee is abusing sick leave. Employees under a letter of instruction will be required to call in within the one (1) hour time on each day of absence and will be required to provide a doctor’s note indicating incapacity to perform duties for each day of absence. the letter of instruction will be maintained by the supervisor with which the authority lies to approve or disapprove sick leave. The letter of instruction will be reviewed at the end of the six (6) month date for reissuance if no substantial improvement is noted. Prior to reissuance of a letter of instruction, the supervisor will meet with the employee and his representative, if requested, to discuss the sick leave usage and reason for issuance (letters of leave restriction and letters of instruction should be considered as the same).

Section 1204.

The Employer agrees to advance sick leave in accordance with applicable regulations to employees who are incapacitated for duty because of serious illness or disability, provided:
A. The maximum sick leave for career and career-conditional employees shall not exceed thirty (30) days; or for an employee holding a limited appointment, sick leave may only be advanced in the amount which will be earned during the remaining period of employment.
B. There is reasonable evidence, substantiated by a statement from the employee’s doctor that the employee will be capable of returning to work and fulfilling the full scope of his duties.
C. Sick leave will not be advanced to an employee known to be contemplating separation by retirement or resignation.
D.That all available accumulated sick leave to the employee’s credit is exhausted and all annual leave over eighty (80) hours has been used.
E. Sick leave will not be advanced to any employee having a current counseling or letter for leave use. Mitigating circumstances may be considered, but final determination is retained by management.

Section 1205.

When the Employer’s medical authorities assign a temporary medical limitation because of a work-related injury or illness, the Employer will make every effort to place the employee on a job within the prescribed restriction. For work connected illness or injuries, the employee may apply for injury compensation as provided by law.

Section 1206.

Employees who need leave due to personal or family medical emergencies may apply for donations of annual leave under the DDRW Leave Transfer Program. The need for annual leave donations will be advertised in the DDPW Newsletter at the employee’s request.
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ARTICLE 13 ENVIRONMENTAL DIFFERENTIAL PAY

Section 1301.

It is agreed that employees will be paid environmental differentials, when warranted in accordance with law, rule or regulation which describes the work situations where environmental pay is authorized.
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ARTICLE 14 PROMOTIONS

Section 1401.

The Employer will utilize employees’ skills and potentials to the fullest extent practicable. Employees will be promoted on the basis of merit, without regard to race, color, religion, sex, age, national origin, or membership in labor organizations. This article concerns the practices and policies for filling vacancies within the bargaining units as defined in Article 1. The overall objective of the merit promotion program is to assure that positions are filled with the best qualified persons available and to assure that all employees have an equal opportunity to apply for advancement.

Section 1402.

The Council recognizes that the Employer has the option of filling positions by promotion, or by methods other than promotion such as appointment, reinstatement, or transfer in accordance with law, rule, regulation.

Section 1403.

All merit promotion vacancies to be filled within the bargaining unit will be advertised through issuance of announcements within the areas of consideration. Such announcements will be open for at least ten (10) working days. Merit Promotion Vacancy Announcements will contain the following information:
A. Opening and closing dates; method of applying; equal opportunity statement; area of consideration; position title, series and grade, organizational location, summary of duties; job elements on which applicants will be rated and description of any special evaluation methods to be used in rating and ranking applicants; format of submission (application).
B. If the position vacancy is a trainee position, upward mobility, lead-in position, or position with known promotional potential, it will be so stated in the vacancy announcement.
(1) Any position or group of positions may be announced on an open continuous basis.

Section 1404.

A. Career and career-conditional employees and those temporary employees with reinstatement eligibility may apply under Position Vacancy Announcements to the Civilian Personnel Office on or before the closing date noted on the vacancy announcement. The employee is responsible for ensuring that an application reaches the Personnel Office by the close of business on the announcement closing date and for arranging for submission of the application during his/her absence on leave or TDY. The employee is also responsible for assuring that application, which includes experience, training and education, is up to date.
B. Employees absent for extended training, leave, TDY, or detail will be accorded automatic consideration if these employees deliver to DDPW Administrative Office an application for each position for which they desire consideration, prior to their departure.

Section 1405.

Minimum qualification standards used for promotion shall be the standards prescribed by the Office of Personnel Management including provisions for in service placement. All candidates who meet the appropriate qualification standards as of the closing date of the announcement shall have basic eligibility for promotion.

Section 1406.

Any or all of the following methods, which will contribute to making meaningful distinctions among candidates, will be used for rating and ranking:
(1) Evaluation of training and experience.
(2) Annual performance appraisal and any other evidence of past performance.
(3) Awards presented to employee.
(4) Self-development efforts of employee.

Section 1407.

A. Applicants will be ranked according to one of the following categories:
(1) Ineligible
(2) Qualified
(3) Highly Qualified
B. When the highly qualified group consists of ten (10) or less candidates and there are no meaningful differences among them, all highly qualified candidates will be considered best qualified. When there are more than ten (10) highly qualified candidates, length of service by service computation date, as used for reduction-in-force purposes, will be used, if necessary, to break a tie after all other evaluating factors have resulted in identical ratings among candidates.

Section 1408.

A. Three (3) to ten (10) of the best qualified of the highly qualified group will be referred to the selecting official in alphabetical sequence and will be annotated as such. One (1) additional candidate may be referred for each additional identical vacancy to be filled.
B. Where ranking results in fewer than three (3) highly qualified candidates, the selecting official will have the following options:
(1) The selecting official may select from the highly qualified candidates available.
(2) Announcement may be canceled.
(3) Area of consideration may be expanded.
(4) Applicants rated qualified, but not highly qualified may be referred.
C. As a minimum, the selecting official will be furnished an application on each candidate referred.

Section 1409.

A. If one (1) applicant is interviewed, all other locally available referred applicants in that group will be interviewed unless:
(1) The applicant is on extended leave ( in excess of one (1) week) and is outside the commuting area, or reasonable efforts to reach him have been unsuccessful.
(2) The applicant is serving at a duty station outside the commuting area from the location of the vacancy.
B. In any case where an applicant is referred and not interviewed under one (1) of the above, selecting supervisor will record such information on the Selection Roster. Reasonable efforts will be made to locate employees who are on leave within the commuting area at such time as interviews are scheduled. (Inability to locate an employee will not serve as a basis for employees requesting an interview at a later date or a grievance.)
C. Arrangements for interviews will be made by the selecting official.
D. The selecting official will be the first-line supervisor unless otherwise designated.
E. The Employer will notify all applicants in writing as to their selection or non-selection.
F. Upon request, the information below will be furnished by the CPO to any unsuccessful candidates and their representative in these groups.
(1) Qualified groups - reasons why they were not considered in the Highly Qualified Group.
(2) Ineligible - specific information concerning how they failed to meet the minimum standards.

Section 1410.

A. Employees are encouraged to discuss any dissatisfaction under this article with their supervisors, Civilian Personnel Area Office Manager, concerned selecting officials or Council Representative prior to initiation of a formal grievance. Complaints arising out of the operation of the Merit Placement and Promotion Plan should be brought to the attention of the Civilian Personnel Area Office Manager within ten (10) working days after receipt of notification of non-referral or non-selection.
B. The procedures set forth in Article 24 of this Agreement will apply in the following instances:
(1) An employee alleges that the procedures set forth in the promotion plan were not followed or that his/her qualifications were not properly evaluated against the requirement of the position.
(2) A complaint based solely on non-selection from among the Highly Qualified will not be admissible for consideration.
(3) An employee unable to resolve his/her complaint informally will be furnished information by the Civilian Personnel Area Office Manager or designee of the formal procedures available to him/her.

Section 1411.

Employees selected for promotion will be notified promptly of their selection and paid at their new position as soon as practicable, normally on completion of the next pay period. An employee will be paid at the pay level of the position for which selected, starting with the effective date of the promotion, in accordance with applicable regulations.
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ARTICLE 15 ASSIGNMENT OF WORK

Section 1501.

Employees will be assigned to work taking into account the mission of DDPW and other duties which are consistent as needs emerge. The term "other duties as assigned" shall not be construed as meaning a significant portion of the work performed at a higher level. (See Section 5)

Section 1502.

A detail is an assignment on a temporary basis of an employee to perform duties not covered by the official description or definition of his/her position or rating to another position or rating for the temporary periods of time authorized by applicable regulations. Details may be made appropriately under circumstances such as follows:
A. To meet emergencies occasioned by abnormal work load, change in mission or organization, or unanticipated absences such as sick leave or emergency annual leave. B. Pending official assignments, pending description and classification of new positions, pending security clearance, and for training purposes.

Section 1503.

Normally details (in one hundred twenty (120) day increments) will last no more than one(1) year (except for A-76 situations). The Employer assumes the responsibility for continuing effort to secure necessary services through use of appropriate personnel actions.

Section 1504.

The supervisor is responsible for ensuring that an SF-52 is initiated for a detail of 30 days or more. If a detail is for less than 30 days, the supervisor may elect to give the employee a written memo of the detail, but it is not required and it is not filed in the employee’s official personnel folder.

Section 1505.

When an employee is assigned to a higher level position in excess of fourteen (14) calendar days, a temporary promotion will be made effective the first day of the assignment.
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ARTICLE 16 DEVELOPMENT AND REVIEW OF POSITION AND JOB DESCRIPTIONS

Section 1601.

When an employee alleges inequities in his/her position classification of job rating, he/she shall be furnished information on the appeal rights and procedures by the CPO. He/she may elect to be represented or assisted by a Union Representative in discussing the matter with his/her supervisor or with representatives of the Civilian Personnel Office in reviewing classification standards or rating definitions that pertain to his/her rating or position, or in pursuing an appeal.

Section 1602.

An employee request for a current copy of his/her job or position description should be made to the first level supervisor. The Employer will provide the Union with a current copy of job descriptions of members of the unit on a case-by-case basis, asrequested.

Section 1603.

It is agreed that the Employer will advise the Council when a job rating is to be changed to a lower pay level, and at least thirty (30) days prior to effecting a personnel action.
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ARTICLE 17 DISCIPLINARY ACTION

Section 1701.

All disciplinary actions shall be taken for just cause. All disciplinary actions may be grieved using the grievance procedure (unless precluded by law) in Article 24. The employee will be provided an extra copy for the Council when the Council is designated as the employee’s representative. If personal delivery cannot be made to the employee, the disciplinary action will be mailed to the employee’s last known address.

Section 1702.

The parties agree that employees have the right, should they so request, to Council representation. Such notice will be included in all written disciplinary actions including proposed actions. It is agreed that DDRW8 (Supervisor/Employee Discussion form), Oral Counselings, Letters of Warning/Caution/Instruction/Restriction are not formal disciplinary actions.

Section 1703.

Notice of adverse action decisions shall be delivered to the employee as soon as practical, but at least five (5) work days prior to the effective date. When circumstances are such that the retention of an employee in an active duty status in his/her position may result in damage to Government property or may be detrimental to the interests of the Government or injurious to the employee, his/her fellow workers, or the general public, the above five (5) days will not apply.

Section 1704.

The Employer will counsel employees in private and will not effect oral admonishment in the presence of others.

Section 1705.

In the case of any formal written disciplinary action, the Employee will be made aware of any records being used to support or substantiate the action. Individual supervisory files, maintained with the employee’s knowledge of the file and its contents, may also be used to substantiate such action. All documents on which the decision to take disciplinary action is based will be made available to employees and, if the employee requests, to his/her Representative.

Section 1706.

Where an employee is assigned to a restricted area and his/her security clearance is challenged, he/she may be reassigned to duties in a non-sensitive area pending the results of the appeal from the challenge. The Union will be informed of any proposed adverse action as a result of the challenge.

Section 1707.

All disciplinary actions will be initiated and taken in a timely manner.
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ARTICLE 18 HEALTH AND SAFETY

Section 1801.

The Employer will exert every reasonable effort to provide and maintain safe working conditions and industrial health protection for the employees. The Council agrees to cooperate with the Employer in maintaining and improving safe working conditions and practices. The Employer will assure that periodic inspection of all agency work places are performed using appropriate procedures and personnel.

Section 1802.

Each employee has a primary responsibility for his own safety and an obligation to know and observe safety rules and practices as a measure of protection for himself and others. Employees will be encouraged to submit suggestions which will offer practical and feasible ways of improving the work areas and conditions. In addition, employees having a Health and Safety concern have the duty to request safety inspections of their areas. Any employee who requests a safety inspection will be allowed to accompany any inspection team and may be accompanied by a Union representative, if so requested. Copies of the results of employee initiated inspection reports will be provided to the Union.

Section 1803.

Employees will also be alert to observe unsafe practices, equipment and conditions in their areas. Such practices, equipment or conditions should be reported to the supervisor, Division Chief, or safety office. The Council agrees to present concerns pertaining to unsafe practices, equipment or conditions to the appropriate level of supervision for consideration and resolution.

Section 1804.

The Employer will identify those work areas, practices, procedures and materials which have a potential for being hazardous. The Employer agrees to inform the Council and affected employees when a new class of materials or processes considered hazardous to employees’ health are to be used or stored or handled at DDPW.

Section 1805.

Safety meetings will be held as described in the Occupational Safety and Health Administrative Manual, DDRWM 6055.1.

Section 1806.

All employees will be given required and/or refresher training on safety/operation of equipment and hazardous material with which they are working.

Section 1807.

The employer will provide safety shoes to all employees that are required to wear safety shoes. The employer will reimburse employees up to $65.00 for safety shoes that meet the ANSI standard --- upon the employee providing a receipt for the said shoes.

Section 1808.

The Employer agrees that no employee shall suffer reprisal or other punitive action for requesting safety inspections, reporting safety violations or making any health or safety suggestions.

Section 1809.

The Employer and the Council will make every effort to prevent accidents of any kind. The Employer will ensure that prompt emergency transortation and first aid will be provided on all shifts. The prime consideration will be the welfare and comfort of the injured employee(s). Employees will, as soon as possible, notify their supervisors of any and all accidents occurring during their work shift. Supervisors will immediately investigate any reported accident, and initiate action to correct any hazardous condition and render any required report.

Section 1810.

The Council will be notified as soon as possible of any lost time work injury.

Section 1811.

The Council will be notified as soon as possible in the event of accidents, imminent danger, or hazardous conditions occurring in the work place.

Section 1812.

The Employer will maintain records of employees who are exposed to airborne contaminates in excess of accepted standards. Periodic physical examinations will be given to employees as required by the Occupational Safety and Health Administrative Manual, DDRWM 6055.1. and appropriate DLA regulations. The Council will be given access to the results of such examinations for exposure to Airborne Contaminants in accordance with 29 CFR 1910.20.

Section 1813.

Upon request, the Council will be provided copies of all releasable Safety and Health Reports generated by DDPW.

Section 1814.

The Employer agrees that in cases where the employees are exposed to a hazardous atmosphere, the employees will be evacuated from that area until the hazardous atmosphere has subsided or the Employer has issued to the employee appropriate personal protective equipment for the hazardous atmosphere involved. The Employer agrees that the supervisors will evacuate areas based upon the advice of the Safety Manager or in his absence, the Naval Hospital Industrial Hygienist. Supervisors have the responsibility to immediately evacuate a suspected contaminated area, if, in their judgment, evacuation is required, prior to the arrival of the Safety Officer or Industrial Hygienist.

Section 1815.

Dress standards will be imposed on employees only for reasons of safety, as defined in DDRWM 6055.1. All employees are expected to dress appropriately for their work environment.

Section 1816.

Included in the training of each Unit Employee will be an outline of the procedures and requirements for applying for benefits under the DLA Injury Compensation Program, DLAR 1438.1.
A. The Civilian Personnel Office will provide a copy of applicable instructions to any employee requesting it within (5) five working days of such a request.
B. The employer will provide advice and assistance regarding the Injury Compensation Program.
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ARTICLE 19 TRAINING

Section 1901.

The Employer and the Council agree that the training and development of employees within the unit is a matter of primary importance to the parties, and through Employer-Council cooperation, the parties shall promote the training and development of employees.

Section 1902.

If individual development plans are made, it is agreed that both the supervisor and the employee will participate.

Section 1903.

The Employer agrees that all mandatory correspondence courses will be shipped directly to DDPW and the employee will check out the package, sign and date material received from the Training Office.
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ARTICLE 20 PUBLICITY

Section 2001.

Space will be provided on official bulletin boards in the activity for use by the union for posting notices of meetings, recreational, or social affairs, elections, results of elections or other appropriate literature. A copy will be provided to the employer prior to posting. When the union wishes to post material on other bulletin boards, the area steward shall request space from the cognizant supervisor. If the area steward and the cognizant supervisor cannot agree concerning the posting location of union material, the matter will be referred to the Chief Steward and the Labor Relations Officer for resolution.
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ARTICLE 21 PERSONNEL MOVEMENT IN RIF SITUATIONS AND REHIRING

Section 2101.

The Employer agrees to notify the Council of the necessity for a reduction in force as far in advance as practicable and of the reasons therefore. The Employer also agrees to inform the Council of the affected competitive levels and the number of employees affected.
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ARTICLE 22 CIVIC RESPONSIBILITIES

Section 2201.

Employees receiving notification of jury duty service may contact the CPO for information pertaining to pay and allowances. Provisions in DLAR 1424.1 will be followed. Employees will promptly notify their immediate supervisor upon receiving notice of their having been selected for jury duty. The employee will present the Employer a signed jury time card or other satisfactory evidence of the time served on such duties. An employee serving as a juror in a state or municipal court must collect all fees and the gross sum of fees received must be turned in to the Activity. Allowances received for meals, transportation, etc., may be retained by the employee.

Section 2202.

The Employer and the Council mutually agree that the employees in the unit may participate in charity drives endorsed by the Defense Logistics Agency for solicitation. In no instance shall the Employer or the Council exercise pressure on an individual employee to contribute or not to contribute to a charity, nor will any reprisal action be made against an employee who refrains from contributing.
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ARTICLE 23 PARTNERSHIP AGREEMENT

In the spirit of the Executive Order 12871 on Labor-Management Partnership, the Defense Distribution Region West (DDRW)/Defense Distribution Depot Puget (DDPW) and Bremerton Metal Trades Council (BMTC), collectively agree to establish a Partnership Committee. The purpose of this partnership is to maximize DDPW customer service/support and mission performance through a collaborative labor-management relationship. The parties enter into this agreement for the purpose of providing overall labor relations guidance at DDPW and building and maintaining a cooperative working relationship to better accomplish the DDPW mission and the welfare of all DDPW employees. Essential elements of this partnership include communication, trust, acceptance, shared responsibility and accountability, and joint training. The partnership fosters an environment that maintains open and continuous formal and informal communication. Trust is based on effective listening, mutual respect, acceptance, discretion, and a commitment to complete agreed upon actions. both Union and Management are committed to put forth the necessary effort and resources to make Partnership flourish with DDPW. The Parties recognize they share responsibility and accountability for making Internal Problem Solving a reality. As such, Union and Management are full partners in the identification of problems as well as the development of solutions.

Section 2301. Commitment to Joint Support:

Through this Partnership Agreement, the parties are committed to supporting each other in the formulation of processes and policies which foster an atmosphere of cooperation and mutual respect. This will foster a relationship necessary for finding the best mechanism for accomplishing the work of the Region and improving customer service.

Section 2302. Organization:

A. The Depot Commander or designee will be the decision maker on all critical issues and will not be a permanent member of the BMTC-DDPW Partnership Committee. B. The Partnership Committee will be composed of Management and Union representatives. A Chairperson will be designated by the Partnership Committee.

Section 2303. Operation of the Partnership Committee:

A. The role of the Union representative is to be sure that the ideas and concepts of the work force have risen up through the organization and are considered in the deliberation process. Utilization of the normal chain of command to surface concepts and ideas from the work force is highly desirable.
B. The Parties will openly share pre-decisional information regarding personnel policies, practices and conditions of employment.
C. Management and the Union representatives will be full partners in the identification of problems as well as the development and implementation of solutions in order to better accomplish the mission of DDPW. In many cases these will take the form of an idea of objective with a request for a plan to accomplish same. The Partnership Committee will cause the right team of management and labor to do the necessary research and prepare a consensus recommendation for the Partnership Committee consideration.
D. It is expected that both Management and Labor will identify opportunities to improve mission performance and customer service on any DDPW issues. Whether a completed concept or a rough idea, the Partnership Committee will consider all input. Input from DDPW/BMTC is a critical aspect of the process of full partnership and customer service/mission enhancement. BMTC input may be brought to the Partnership Committee attention either through the Partnership Committee Union representatives or through Management channels. It will be up to the Partnership Committee to prioritize and/or decide which ideas warrant further investigation. In all cases, feedback on the results is critical to encouraging the work force to propose ideas to improve mission performance.
E. Joint training for supervisors and union representatives at appropriate levels of the organization on non-adversarial dispute resolution techniques will be provided.

Section 2304. Membership:

The Partnership Committee will consist of three (3) Union and three (3) Management members to include the DDRW Labor Relations Officer (or designee) and the BMTC President (or designee). The additional two respective Partnership Committee members will be selected by the Labor Relations Officer or designee and the President of BMTC respectively. Management will provide one (1) person to keep minutes of the meetings. Facilitators(s) will be used as determined by the Partnership Committee. Subject matter experts will be brought in as deemed necessary and agreed to by the Partnership Committee members.

Section 2305. Meetings:

All meetings will be held at DDPW unless otherwise determined by the Partnership Committee. The meetings will be held quarterly or as scheduled by the Partnership Committee.

Section 2306. Agenda:

Written agendas will be provided to members at least ten (10) work days in advance of a scheduled meeting. There will be time reserved on the agenda for an open forum. Agenda items will be submitted only by regular Partnership Committee members. Partnership Committee members will prioritize agenda items at the beginning of each meeting.

Section 2307. Sharing Information:

The BMTC/DDPW Partnership Committee will publish successes and tell the story through various methods/media. The Union will carry the word to all bargaining unit employees and Management will spread the word through the management chain. Management and Union will jointly provide interpretation guidance, a common vision for the future of DDPW’s labor-management relationship. Feedback will be gathered jointly to review and create methods of improvements needed to make the Partnership Committee more effective. A system will be developed to market shared lessons and positive improvements. DDPW and BMTC representatives will visible demonstrate the Partnership Committee attitudes of a joint cooperative environment. BMTC Representatives share equal visibility with Management is speaking to groups of employees. Town hall meetings with employees are important with a joint effort presented by both sides. Labor and Management will jointly publicize and support training strategies developed by the Partnership Committee.

Section 2308. Alternative Dispute Resolution (ADR):

The Partnership recognizes the value in resolving disputes concerning labor-management issues in an expedient manner and at the lowest possible level while preserving individual rights. We believe the ADR represents a cost effective, less formal, and less adversarial means of solving problems. Depending on the techniques used, ADR represents more flexibility for the parties involved and allows them, as the primary stakeholders, to seek a resolution. It is also more likely that the parties will be on more equal footing when they confront the problem. The possibility exists that there will be more consistency in decisions if there is no involvement by third parties. The ideal ADR program will be conducted in-house. The process must be as informal as possible and most importantly, user friendly. Neutrality is a key element, and the process must be a fair one. In order to institutionalize an ADR program, the Partnership Committee has a written agreement by the parties that establishes ADR as the chosen method for resolving disputes.

Section 2309. Internal Dispute Resolution Mechanism:

The Parties agree that a true partnership hinges on their ability to jointly solve problems and disputes without third party involvement. As such, both BMTC and DDPW/DDRW agree that any third party intervention will be requested only after use of the Internal Dispute Resolution Agreement. This mechanism is to be used as a sincere attempt at dispute resolution without arbitration, unfair labor practice charges, Merit System Protection Board Processing, or any other third party intervention. the parties have a sound resolve for amicable resolution of disputes. In addition to the Internal Dispute Resolution Mechanism, the parties may at any time avail themselves to other mutually agreeable ADR processes which will help solve issues.

Section 2310. Collective Bargaining Process:

It is recognized that Union and Management have obligations and rights afforded them under the Federal Service Labor Management Relations Statute. This Agreement is not a substitute for provisions encompassed in the Statute, but rather it is entered into in concern with progressive labor-management relations and in a manner consistent with the requirements of an effective and efficient Government.
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ARTICLE 24 GRIEVANCE PROCEDURE

Section 2401. Coverage and Scope

Employee(s) Grievance. A grievance by bargaining unit employee(s) is a request for personal relief in any matter of concern or dissatisfaction to the employee or group of employees concerning the interpretation or application of any law, rule or regulation with respect to personnel policies, practices and any other matters affecting conditions of employment.

Section 2402. Matters excluded from the grievance procedure are:

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. A suspension or removal under Section 7532 of Title 5 U.S.C. (related to national security).
D. Any examination, certification or appointment.
E. The classification of any position which does not result in the reduction in grade or pay of an employee.
F. Nonselection for promotion from a group of properly ranked or certified candidates. This does not apply to the right to grieve over improper procedures used during the selection process.
G. Termination of temporary promotion.
H. Termination while serving under a time-limited appointment.
I. Nonadoption of a suggestion.
J. Preliminary notice of a proposed action which, if effected, would be covered by this Article or other agreements between the parties.
K. Disapproval of honorary or discretionary awards.
L. The reassignment or demotion of an employee to a non- supervisory position during the probationary period served by new supervisors.

Section 2403. Appeal or Grievance Option

An employee alleging discrimination or affected by a removal or reduction in grade based on unacceptable performance, or an adverse action, may at his/her option raise the matter under the appropriate statutory appellate procedure or under the provisions of this Article, but not both. for the purposes of this Section and pursuant to 5 U.S.C. 7121 (d) and (e)(1), an employee shall be deemed to have exercised his/her option under this section at such time as the employee timely files a notice of appeal under the applicable appellate procedure or timely files a grievance in writing in accordance with the provisions of this Article, whichever event occurs first.

Section 2404. Exclusive Procedure.

A. This is the exclusive procedure available to bargaining unit employee(s) for the resolution of grievances.
B. BMTC has the right to act in its behalf or on the behalf of any bargaining unit employee(s) to present and process grievances.

Section 2405. Representation.

A. A bargaining unit employee who files a grievance under this procedure may only be represented by an individual designated by BMTC and is an employee of DDPW.
B. A bargaining unit employee or group of employee(s) may present a grievance under this procedure without representation as long as BMTC is given an opportunity to be present at the grievance proceeding.

Section 2406. Grievance Procedure.

A. Written grievances must be signed by the grievant(s) and must include the following data:
(1) The aggrieved employee(s) name, position title, grade and organization.
(2) A description of the basis for the grievance including, where appropriate, facts such as times, dates, names, and similar pertinent data.
(3) A brief statement of the step(s) taken to informally resolve the grievance.
(4) The personal remedy (corrective, not punitive action) that is being sought.
(5) A statement that discrimination based on race color, religion, age, sex or national origin is or is not an issue in the grievance.
(6) Identification of the employee’s representative.
B. This procedure will be used for bargaining unit employee, union and employer grievances. Grievances must be initiated within 10 work days of the incident, or learning of the incident, being grieved.
(1) Bargaining Unit Employee Grievances.

Step (1)
The written grievance will be filed with the first level supervisor, or, if a formal disciplinary action, the level above which the written decision was made. The supervisor, or designee, will meet or schedule a meeting with the grievant and/or his union representative within ten (10) work days following receipt of the written grievance. A written decision will be provided within ten (10) work days following the meeting.

Step (2)
If the matter is not resolved after receipt of the Step 1 decision, the Grievance may be presented to the Depot Commander (or designee) within ten (10) work days after receipt of the Step 1 decision. The Depot commander (or designee) will provide a written decision with ten (10) work days after receipt of the grievance. Such decision will be the final Agency decision for the purpose of this grievance procedure. Grievances resulting from decisions or acts at the employee’s Division Chief will be submitted beginning at Step 2. Grievances regarding any decision or act outside of the employee’s chain of command must be submitted beginning at Step 2 to the DDRW Labor Relations Officer (or designee) for referral to the proper official for Step 2 processing. In the event the employer decides at any step of this grievance procedure to grant the personal remedy being sought by the grievant, it is agreed that the grievance shall be deemed settled.
(2) Employer Grievances

Step (1)
Grievances regarding BMTC will be filed in writing with the BMTC DDPW Union Representative. The BMTC DDPW Union Representative, or designee, will discuss the grievance with the DDPW Commander, or designee, within ten (10) work days following receipt of the written grievance. A written decision will be provided by the BMTC DDPW Union Representative, or designee, within ten (10) work days following the discussion.

Step (2)
If the matter is not resolved after receipt of the Step 1 decision, the grievance may be presented to the BMTC President, or designee, within ten (10) work days after receipt of the Step 1 decision. The BMTC President, or designee, will discuss the grievance with the Labor Relations Officer, or designee, and the BMTC President will provide a written response in ten (10) days.
(3) Union Grievances

Step (1)
Grievances regarding DDPW will be filed in writing with the Depot Commander (or designee). The Depot Commander (or designee) will discuss the grievance with the BMTC President, or designee, within ten (10) work days following receipt of the written grievance. A written decision will be provided within ten (10) work days following the meeting or discussion.

Step (2)
If the matter is not resolved after receipt of the Step 1 decision, the grievance may be presented to the DDRW Labor Relations Officer, or designee, within ten (10) work days after receipt of the Step 1 decision. The Labor Relations Officer, or designee, will provide a written decision within ten (10) work days after receipt of the grievance. Such decision will be the final employer decision for the purpose of this grievance procedure.

Section 2407. Arbitration

If the union or employer is not satisfied with the Step 2 grievance decision, either party may request that the grievance be advanced to arbitration only after full use of the Internal Dispute Resolution Mechanism agreed to by the parties.

Section 2408. Failure to meet time requirements.

Failure on the part of the respondent to meet any of the time limits of this procedure without mutual consent will serve to permit the grievant to immediately escalate the grievance to the next step of the process. Failure on the part of the grievant to adhere to the time limits will be cause for the grievance to be denied.
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ARTICLE 25 ARBITRATION

Section 2501.

Only grievances which have been processed through the Negotiated grievance procedure may be appealed to arbitration.

Section 2502.

Arbitration may be invoked only by the Employer or the Council.

Section 2503.

If the decision at the Second Step of the grievance procedure does not satisfactorily settle the grievance, and either party desires to submit the grievance to arbitration, the appealing party shall, within thirty (30) days of receipt of the Second Step disposition, serve upon the other party a written notice of intent to arbitrate.

Section 2504.

Within seven (7) working days from the date of receipt of the arbitration request, the party requesting arbitration shall meet to pick a mutually agreed upon arbitrator; if not, a request will be sent to the Federal Mediation and Conciliation Service to submit a list of five (5) impartial persons to act as arbitrators. The parties shall meet within five (5) working days after the receipt of such a list. If they cannot mutually agree upon one (1) of the listed arbitrators, then the Council and the Employer will each alternately strike one (1) arbitrators name from the list of five (5) and shall then repeat this procedure. The remaining name shall be the duly selected arbitrator.

Section 2505.

Within five (5) working days of notice of acceptance of the case by the Arbitrator, each party shall place in the mail to the Arbitrator a brief Summary Statement stating its version of the issues involved, and its position with respect of such grievance, together with a copy of the grievance and grievance dispositions. At the same time it shall provide the other party a copy of its submission to the Arbitrator. Service to the Arbitrator and the other party shall be made personally or by certified mail, return receipt requested.

Section 2506.

The arbitration hearing shall be held during the regular day shift work hours of the basic work week and all employee representatives, employee appellants and employee witnesses who are members of the unit shall be in a pay status without charge to annual leave while participating in the arbitration proceedings if they would otherwise be a pay status. It is understood and agreed that payment in accordance with this section that overtime or compensatory time will not be paid for time involved in the proceedings.

Section 2507.

The Arbitrator will schedule a hearing after giving due notice to the parties. At such hearing, the testimony will be limited to such material facts as are in dispute and to such material argument as the Arbitrator considers to be necessary and proper. All other procedures relating to arbitration shall be determined by the Arbitrator.

Section 2508.

Arbitration hearings will be held on the Employer’s premises.

Section 2509.

The process of Arbitration will be carried out as expeditiously as possible. The Arbitrator will, whenever practicable, render the Decision in writing within two (2) calendar weeks after fully taking the matter under submission by sending copies of the decision to the Commanding Officer and to the Council President or his designee.

Section 2510.

The Arbitrator shall be prohibited from adding to, modifying, or subtracting from the terms of this Agreement or any supplemental written agreement of the parties.

Section 2511.

The decision of the arbitrator shall be binding. If either party takes exception to the decision, it shall, with ten (10) calendar days, notify the other party in writing of its intent to appeal the decision to the Federal Labor Relations Authority.

Section 2512.

Grievances which are appealed to arbitration and which contain continuing liability shall be given priority over all other grievances in the Arbitration procedure at that time.

Section 2513.

Should a dispute arise as to the grievability or arbitrability of a grievance, that issue shall be submitted to the arbitrator, as a threshold issue, for decision.

Section 2514.

The fee and expense of the arbitrator will be borne equally by the Employer and the Union. However, the Parties may adopt, by mutual agreement, the "loser pay" method of paying the arbitrator. Additionally, the arbitrator is duly empowered to impose all fees and expenses on a Party if that Party is found to be guilty of bad faith in the prosecution or the defense of the grievance.
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ARTICLE 26 PAYROLL ALLOTMENTS FOR WITHHOLDING OF DUES

Section 2601. General:

A. For the purpose of this Collective Bargaining Agreement:
(1) The term "employee" refers to any bargaining unit employee.
(2) The term "servicing payroll office" refers to the Accounting and Finance Office which is responsible for processing the pay of the employee.
(3) The term "payroll allotment" refers to a voluntary authorization by the employee for a deduction in a specified amount to be made from the employee’s pay each pay period for the payment of dues, associated with his/her membership to BMTC.
B. The Agency and BMTC agree that: The Union and DDPW are each responsible for fully informing the employee that his/her authorization for a payroll allotment:
(1) is completely voluntary; and
(2) Cannot be revoked for a period of one (1) year from the effective date thereof, or at intervals of one (1) year as set by this MOA. BMTC is responsible for furnishing the Labor Relations Office with the name of a point of contact that will, if needed, furnish Labor Relations with the appropriate anniversary date for employees seeking to revoke dues withholding.
(3) Revocation of dues withholding by an employee will not be effective until the first full pay period following any successive anniversary month (the calendar month the employee signed his/her 1187 to join the Union) provided the Revocation Form, SF 1188, is received by the DDRW Labor Relations Office during that anniversary month.
(4) Upon receiving an SF 1188, the Labor Relations Office may contact the Union to verify the revocation was submitted within the correct time frame. The Union will provide a point of contact for this purpose.

Section 2602. Authorization of payroll allotment.

A. Only one payroll allotment shall be authorized for an employee.
B. Standard Form (SF) 1187, Request for Payroll Deductions for Labor Organization Dues, shall be used. BMTC shall purchase and distribute this form to the employees.
C. BMTC shall furnish the Labor Relations office with written notification of the name and title of the BMTC official who is designated to sign the certification on the SF 1187.
D. BMTC shall be responsible for furnishing the DDRW Labor Relations Office with a certified schedule of payroll allotments supported by completed Standard Forms No. 1187 signed by the designated BMTC official and the employees.
E. The payroll allotment shall be in the amount determined mutually by BMTC and the employee executing the SF 1187.
(1) No more than one change in the amount of the payroll allotment shall be made by a BMTC Local Union during a calendar year.
(2) Written notification of a change in the amount of the payroll allotment shall be furnished to the servicing payroll office and DDRW Labor Relations Office by BMTC.
(3) BMTC is responsible for providing the DDRW Labor Relations Office (on BMTC letter head) the various allotment categories with the corresponding amounts (i.e., Dues only and amount, Dues with vision and amount, Dues with all medical and amount). This letter must also contain the BMTC choice of where the dues should be sent in check form to your designated bank/credit union account or union address.

Section 2603. Termination of Authorization.

The payroll allotment shall be terminated when any of the following situations occur:
A. The employee retires.
B. The employee dies.
C. The employee is separated.
D. The employee transfers to another servicing payroll office within the Agency or outside the Agency.
E. The employee ceases to be a member of the bargaining unit.
F. The employee ceases to be a member in good standing of BMTC. If this occurs, BMTC shall be responsible for promptly furnishing written notification to the DDRW Labor Relations Office.
G. The employee files a written notification (SF 1188, Cancellation of Payroll Deductions for Labor Organization Dues) with the Labor Relations Office.

Section 2604. Processing Payroll Allotments

A. Payroll allotments shall be processed at no cost to BMTC or the employee.
B. The effective dates of the pay periods for deducting dues from employees and/or for terminating deductions of dues from employees, as well as the dates after the pay periods for remittances to BMTC of the amounts deducted, shall be in accordance with procedures established by the servicing payroll office.
C. Except as stipulated in D below, the servicing payroll office shall deduct the amount of the payroll allotment each pay period.
D. No dues shall be withheld or deducted for any pay period in which the employee’s net salary, after other legal or required deductions, is insufficient to cover the full amount of the payroll allotment.
E. After each pay period the servicing payroll office shall remit a check to BMTC for the payroll allotment deductions together with the following:
(1) The names of employees from whom deductions were made and the amount of each deduction, their Social Security Numbers and their organizations assignment.
(2) The total number of employees from whom dues were withheld.
(3) The total amount withheld.
(4) The names of employees from whom no dues were deducted in accordance with D above.
F. For the purpose of this MOA, the term "check" included the electronically forwarding of subsequent dues collected through payroll withholding to the establishment authorized by the Union to receive such remittance.
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ARTICLE 27 INTERNAL DISPUTE RESOLUTION MECHANISM

In keeping with the spirit and intent of the President’s Executive Order on Partnerships and the BMTC/DDPW Partnership Committee Agreement, this Internal Dispute Resolution Mechanism (IDRM) is developed as a form of Alternative Dispute Resolution (ADR).

• In order to resolve any disputes, complaints or concerns between
• 
  DDPW Management and BMTC, it is agreed that prior to addressingthese concerns with any outside parties or agencies, BMTC and DDPW agree that they will use the following procedures in an attemptto resolve the problem/issue in a manner acceptable to all. thisprocedure is intended to foster a cooperative atmosphere amongstmanagers, supervisors, union officials and will promote good faithbargaining by the parties. The effect of this constructive relationshipbetween the parties will result in a more efficient and effective publicservice by allowing for the contribution of the employees through theirchosen exclusive representative.

Section 2701.

The parties agree that all meetings to resolve disputes will be scheduled in advance to ensure that all parties are able to attend.

Section 2702.

Any dispute relative to the BMTC bargaining unit will be first brought to the attention of the DDRW Labor Relations Officer (or designee by the BMTC President (or designee). Efforts will be made at this level to positively resolve the matter.

Section 2703.

If resolution of the matter is not accomplished by Section 2 above, a meeting to discuss aspects of the problem/issue will be held with the BMTC President and the DDRW Labor Relations Officer or designee and the Director of Distribution or designee in attendance. This may occur face to face or in the form of a conference call. Various alternatives to settle the problem/issue will be fully discussed and considered by the parties.

Section 2704.

The above procedures are not in any way a substitute for the negotiated grievance procedure. All matters appropriate for handling within the terms of the negotiated grievance procedure will be processed according to its terms prior to the use of this Internal Dispute Resolution Mechanism.

Section 2705.

If no resolution results after thorough discussion and evaluation of the issues, the parties will jointly frame the issues to be decided by an arbitrator referred by Federal Mediation and Conciliation Service or an agreeable additional ADR process.
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ARTICLE 28 PERFORMANCE APPRAISALS

Section 2801.

The final determination of work plans and performance standards contents is reserved to management. Informal discussions between the employee and supervisor concerning work plans and performance standards are a normal part of supervision and will occur to elicit employee input regarding performance criteria. Employees will be given an opportunity to participate in the development of the performance standards and the work plan for each position through discussions between the supervisor and the employees. Within thirty (30) working days of the beginning of the appraisal period, the Employer will furnish the employee a copy of the Performance Standards will include the performance elements and work plan. For newly appointed and promoted employees, performance standards will be communicated in writing within thirty (30) working days after entrance into the position. Changes to established performance elements or work plan shall be given to the employee in writing. Supervisors will discuss any changes to existing work plans and review established new work plans with their employees.

Section 2802.

All employees will receive a performance appraisal which will be based on a comparison of employee performance with the performance standards established for their position. Performance appraisals will be in writing, totally completed on an annual basis, and submitted within thirty (30) days after the end of the appraisal period. Performance appraisals will be discussed with employees in private during the month in which the rating is due. A block will be provided on the Appraisal form for the employees to indicate their views should they so desire. At the conclusion of the discussion with the supervisor, the employee shall sign the appraisal form. By signing, an employee merely acknowledges receipt of the appraisal, but not necessarily agreement with it. Employees will be given a completed copy of the form within thirty (30) days. Informal discussions between the employee and the supervisor concerning performance are a normal part of supervision and should occur throughout the appraisal period; however, a scheduled mid-year performance review shall be conducted.

Section 2803.

An employee may be reassigned, reduced in grade, or removed for failure to correct unacceptable performance at any time during the appraisal cycle, providing a current standard has been given to the employee. When an employee is determined by the supervisor to be performing at an unacceptable level, the supervisor will notify the employee in writing what action must be taken by the employee to improve his/her performance to an acceptable level and what assistance (i.e., available training) will be provided by the employer to help them improve. The supervisor will give the employee an opportunity period of at least thirty (30) days to bring his/her performance up to at least a minimally successful level. If the employee fails to achieve at least a minimally successful level during the opportunity period, then reassignment, reduction in grade, or removal, as appropriate, will be proposed.

Section 2804.

For each employee covered by this system, the completed performance appraisal form shall be maintained by the Office of Civilian Personnel and a copy will be furnished to the employee.
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ARTICLE 29 OFFICE SPACE

Section 2901.

Office spaces and furnishings will be provided and set aside for the use by the Council at the time the agreement is signed.

Section 2902.

Office equipment provided by the employer:
A. desk, 2 chairs, one (4) drawer file cabinet.
B. Two phone instruments, with a single line, with outside capability.
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ARTICLE 30 DEFINITIONS

For the purposes of this Agreement, the following terms and definitions are accepted by the Parties.
CHAIRPERSON: A unit employee of DDPW, who has been appointed by the President, Bremerton Metal Trades Council.
CONFIDENTIAL EMPLOYEE: An employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations.
CONDITIONS OF EMPLOYMENT: Means personnel policies, practices, and matters, whether established by rules, regulation, or otherwise affecting working conditions, except that such term does not include policies, practices and matters
(1) relating to political activities prohibited under Sub Chapter III of Chapter 73 of Title V, United States Code, as amended;
(2) relating to the classification of any position; or
(3) to the extent such matters are specifically provided by Federal Statute.
DETAIL: A detail is an assignment on a temporary basis of an employee to perform duties not covered by the official position or job definition of his/her position or rating to another position for temporary periods of time.
DISCUSS: The term discuss, where used in this Agreement, means the parties will meet in person and/or over the telephone and exchange views. This is used where no agreement is necessary as in boards, meetings of committees, etc.
EXCLUSIVE REPRESENTATIVE: BMTC is certified as the Exclusive Representative of employees in an appropriate unit persuant to Section 7111 of Title V, United States Code, as amended.
GRIEVANCE: Any complaint
(1) by any employee except as excluded by law concerning any matter relating to the employment of the employee;
(2) by any labor organization concerning any matter relating to the employment of any employee; or (3) by any employee, labor organization, or agency concerning …
(a) the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or...
(b) any claimed violations, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.
NEGOTIATE: Means the performance of the mutual obligation of the representative of an agency and the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment.
PERFORMANCE-ELEMENT: Means an element of an employee’s job which is not of sufficient importance in itself, to warrant the actions prescribed for a performance element discussed below. Appraisals of required elements will be used as a basis for other personnel decisions which include recognizing and rewarding employees whose performance so warrant, and as a basis for determining training needs.
PERFORMANCE STANDARDS: Are expressed measures of the level of achievement established by management for the duties and responsibilities of a position or group of positions. Performance standards may include, but are not limited to, elements such as quantity, quality, and timeliness.
PRIVATE: When used in Performance Appraisals, Article 28, Private means one-on-one, supervisor and employee. If the employer determines that they must have more than the supervisor present during such discussions, the employee will be allowed an equal number present either union representatives or the employees peers.
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ARTICLE 31 DURATION AND CHANGES

Section 3101.

This Agreement as executed by the parties shall remain in full force and effect for three (3) full years from the date of its complete approval by the Department of Defense. Further, it is provided that this Agreement shall terminate at any time it is determined that the Council is no longer entitled to exclusive recognition under the Civil Service Reform Act of 1978. On the request of either party, the parties shall meet to commence negotiations on a new agreement no more than sixty (60), nor less than thirty (30) days, prior to the expiration date of this Agreement. If neither party requests negotiations per the above, the agreement will be automatically extended in one year increments.

Section 3102.

Any amendment to this Agreement approved by the Defense Distribution Region West shall be promptly reproduced by the Employer and disseminated to all employees within the Unit as mutually agreed.

Section 3103.

No agreement, understanding, variation, waiver, or modification of any terms or conditions contained herein shall be made by any employee or group of employees with the Employer, and in no case shall it be binding upon the parties hereto unless such agreement is made and executed in writing between the parties hereto and approved by the Defense Distribution Region West.

Section 3104.

The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all the terms and conditions herein.

Section 3105.

The Civil Service Reform Act, as amended, shall apply to all supplements, implementing the subsidiary agreements between the parties.
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