PREAMBLE

This Agreement is made by and between the Weapons Support Facilty, Seal Beach, Detachment Port Hadlock, Port Hadlock, Washington, hereinafter referred to as the Employer, and the Bremerton Metal Trades Council, hereinafter referred to as the Union.
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WITNESSETH

In accordance with the provisions of Title 5 of the United States Code Chapter 71, hereinafter referred to as the Statute, and in consideration of the mutual convenants herein set forth, the Parties hereto intending to be bound, hereby agree as follows:
WHEREAS the Congress finds that:
(1) experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them:  
(a) Safeguards the public interest,
(b) Contributes to the effective conduct of public business, and
(c) Facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment, and
(2) the public interest demands the highest standards of employee performance and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government, and
WHEREAS it is the intent and purpose of the Parties hereto to promote and improve the efficient administration of Detachment Port Hadlock and the well-being of employees within the meaning of the Statute, to establish a basic understanding relative to personnel policies, practices, procedures and employment, and to provide means for amicable discussion and adjustment of matters of mutual interest which are discretionary with the Command.
Now, therefore, the Parties hereby agree as follows:
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ARTICLE 1 - RECOGNITION AND COVERAGE OF AGREEMENT

The Employer hereby recognizes that the Bremerton Metal Trades Council is the exclusive representative of all employees in the unit.

This Agreement applies to the Bargaining Unit composed of all non-supervisory graded and non-supervisory ungraded employees of Weapons Support Facility, Seal Beach, Detachment Port Hadlock, regardless of duty station, who are not specifically excluded by Section 103 below.

Employer officials, graded supervisors and ungraded supervisors above leader, professional employees, employees in managerial or executive positions, employees engaged in personnel work in other than a purely clerical capacity, firefighters and police, and employees in confidential positions are all excluded from the recognized Bargaining Unit.  

The provisions of this Agreement shall be binding upon the Parties for any operation directed by the Employer to the extent that such operations affect working conditions of unit employees, per applicable regulations.

It is the responsibility of the supervisors and Union representatives to keep themselves apprised of the provisions of this Agreement.
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ARTICLE 2 - RIGHTS OF THE EMPLOYER

The Employer, through officials of the Employ-er, retains the right to:  
A. determine the mission, budget, organization, number of employees, and internal security practices of the Employer; and
B. in accordance with applicable laws:  
(1) to hire, assign, direct, lay off, and retain employees, or to suspend, remove, reduce in grade or pay, to 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; and
(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 Employer’s mission during emergencies.   The Employer will advise BMTC Port Hadlock Chairperson of the nature of any such emergency.  
Per Executive Order 12871, nothing in this section shall preclude the Employer and the Union from negotiating:
A. The numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
B. Procedures which officials of the Employer will observe in exercising any authority under this section; or
C. Appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such officials of the Employer.

The right to make reasonable rules and regulations with due regard to the provisions of this Agreement shall be considered an acknowledged function of the Employer.   In prescribing regulations relating to personnel policies and practices and working conditions, the Employer shall have due regard for the obligations imposed by 5 U.S.C. Section 7117, and the obligation imposed by this Agreement.  

 Whenever language in this agreement refers to specific duties or responsibilities of specific supervisors or management officials, it is intended only to provide a guide as to how a situation may be handled.   It is agreed that the employer retains the sole discretion to assign work and determine who will perform the function.
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ARTICLE 3 - Rights of Employees

Employees covered by this Agreement shall have the right to form, join, or assist any labor organization, or to refrain from 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 by law, such rights include the right to:
A. 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 the heads of agencies and other officials of the executive branch of the Government, the Congress, and other appropriate authorities; and
B. Engage in collective bargaining with respect to conditions of employment through the Union as provided by law and this Agreement.  

It shall be the intent of the Employer that any employee covered by the provisions of this Agreement and during the period the employee is in a pay status, shall not forfeit any benefits of this Agreement while on detail or assignment to another activity provided, however, such employees will be expected to accept the physical conditions and to conform to the rules and regulations governing such matters as hours of work in effect at the temporary duty activity.

Each employee shall have the right to bring matters of personal concern to the attention of appropriate officials of the Employer and/or appropriate Union representatives, utilizing the established chain of command.   Normally, such matters should be initiated with the first- line supervisor and/or with the Union Chairperson.  

As hereinafter provided in this Agreement, employees of the unit may have Union representatives present at discussions between themselves and supervisors, or other representatives of the Employer, in matters of grievances and appeals, formal disciplinary action, and arbitration only as specifically called for in this Agreement and in the Statute.   In contact with any official of the Employer, where potential disciplinary action or grievances may arise, the employee may have Union representation present when requested.   If the employee does not desire Union repre-sentation, Union representatives will not be present except as specifically provided for in Article Nineteen.   Additionally, the Union shall be given the opportunity to be represented at any examination of an employee in the Unit by a representative of the Employer in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation.   The Employer will inform employees annually of this right.  

Nothing in this Agreement shall require an employee to become or remain a member of a labor organization or to pay money to the organization except pursuant to a voluntary written authorization by a member for the payment of dues through payroll deductions.

Employees shall have the right to request copies of items from their personnel files, and such copies will be provided free of charge.
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ARTICLE 4 - RIGHTS OF THE UNION RIGHTS OF THE UNION

The Union has the right and responsibility to:
A. Represent the interests of all employees in the unit.
B. Present its view to the Employer on matters of concern, either orally or in writing.   Views should be presented at the lowest level possible.
C. Consult or be consulted with during the development of, and prior to the implementation of, civilian personnel matters and practices which affect unit employees and are within the authority or discretion of the Employer.   For the purposes of this Agreement, consultation is defined as oral or written dialogue between the Employer and the Union concerning policies, procedures, or programs relating to the working conditions of unit employees which are within the discretion of the Employer.   The Employer agrees to give objective consideration to the Union’s views prior to formal decision making.   It is agreed that consultation is not, however, a joint decision-making process and need not necessarily result in agreement between the Employer and the Union.  
D. Enter collective negotiations with the object of reaching an agreement applicable to all unit employees.  

The Union shall promptly be notified by the Employer of any written grievances received from adverse or disciplinary actions taken against employees of the unit per the provisions of this Agreement.   When an adverse action hearing is held onboard the Activity, the BMTC Chairperson may be present in a pay status, if not already in a pay status as a result of serving as the appellant’s representative or technical advisor.

The Union may provide a representative who will speak to employees at employee orientations regarding the Union-employee relationship as it affects employees of the unit.

The Employer agrees to provide to the BMTC Chairperson at Detachment Port Hadlock, on a monthly basis, a copy of an alphabetical organizational listing which will correspond with existing computer printouts.
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ARTICLE 5 - PROVISIONS OF LAW AND REGULATIONS

Within the restrictions of Section 7116(a)(7) of the Statute, it is agreed and understood by the Employer and the Union that nothing in this Agreement shall be so interpreted as to conflict with existing or future laws or regulations of the Federal Government, including policies set forth by the Office of Personnel Management, by published agency policies and regulations in existence at the time of the Agreement’s approval, and by subsequently published agency policies and regulations required by law or by the regulations of appropriate authorities or authorized by the terms of a controlling agreement at a higher agency level.

The Employer will provide the BMTC Chairperson at Detachment Port Hadlock an annual copy of “A Guide to Federal Labor Relations Authority Law and Practice” by Peter B. Broida.

The Employer further agrees to advise the Union of any known directive which affects any of the terms and conditions of this Agreement and which alters its discretionary authority with regard to any item within this Agreement.  

When the FLRA interprets contract language as it related to the Statute in a manner which negates the intent of our Agreement, the Parties agree, on request of either Party, to begin midterm bargaining to resolve the issue.    

The Parties agree that no waiver of statutory Union bargaining rights, either expressed or implied, will be invoked for the purpose of avoiding collective bargaining on any matter within the authority granted under the Statute as it relates to this Agreement.
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ARTICLE 6 - APPROPRIATE MATTERS FOR CONSULTATION AND NEGOTIATION

It is agreed and understood that matters appropriate for consultation and negotiation between the Employer and the Union are policies, programs and procedures relating to or affecting general working conditions of unit employees which are within the discretion of the Employer including but not limited to such matters as safety, training, labor-management relationship, employee services, methods of adjusting grievances, appeals, leave, promotion plans, demotion practices, pay practices, reduction-in-force practices, and hours of work.   Nothing in this section shall alter the rights and obligations of the Parties to negotiate under the Statute as set forth in this Agreement.  

It is further agreed and understood that the Employer will consult and meet with the Union to discuss changes being considered in existing or benefits, policies, practices, and procedures affecting unit employees per pertinent precedents established by the FLRA under the Statute.   Notification of changes in conditions of employment will be made to the BMTC Detachment Port Hadlock Chairperson, or in the Chair’s absence, the BMTC President.  

It is further recognized that this Agreement does not alter the responsibility of either Party to advise, discuss or consult regarding matters concerning working conditions not covered by this Agreement, but falling within the rights and obligations of the Parties to negotiate under the Statute as set forth in this Agreement.  

The Employer shall notify the Union five calendar days prior to the planned implementation date of any proposed change in conditions of employment, giving the Union at least ten calendar days from the date of notification to submit written proposals concerning impact and implementation of the proposed change.  

If agreement as been reached on a bargainable matter in a Partnership forum, no further negotiations under this Article are required.
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ARTICLE 7 - UNION REPRESENTATION

The Union (BMTC) will designate a Chairperson and a reasonable number of stewards at large as needed.   The number of stewards will be negotiated on an as needed and future workload basis.  

Except during formal break periods, the Chairperson and/or stewards will obtain permission from their supervisors, or designated representatives, prior to leaving the work area.

The BMTC Detachment Port Hadlock Chairperson will perform the following duties:
A. Assign stewards and provide a listing to the Employer.  
B. Provide technical guidance and assistance to stewards in handling grievances and actively participate in the grievance procedure to arbitration.   The BMTC Chairperson may also assist the stewards at the first formal step of the grievance procedure if needed.

Union officials will be authorized entrance to this Activity.

Changes in assigned shift or work area which may impact a Union steward or official’s ability to perform Union duties, will be discussed with the Union prior to such changes taking place.   The Employer will consider requests from the Union to avoid specific actions when it is shown that such actions will negatively impact upon Union representative duties.   The Employer agrees, upon request of the Union, to consider the work-area reassignment of personnel to accommodate assignment of stewards.   Such reassignments must be consistent with workload and occupational skills.  

The Union will be provided an office, desk, secure file cabinet, plus a class A phone line for official Union business only.  
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ARTICLE 8 - WORK SCHEDULES

Basic Working Hours.   The basic forty-hour workweek will consist of five consecutive eight-hour days, normally Monday through Friday, except for those unit employees whose services are determined by the Employer to require other basic workweeks, e.g., 5-4/9 compressed work schedule.   Normally, assigned work hours in each day in the basic workweek will be the same, except for those unit employees who may be on compressed work schedules or flextime schedules.   Planned breaks in working hours of more than one hour will not be scheduled in any basic workday.  
A. Definitions:
1) Basic Workweek.   The basic workweek normally consists of five consecutive eight-hour days, Monday through Friday.  
2) Compressed Work Schedule.   Any schedule that enables a full-time employee to work eighty hours per pay period in fewer than ten workdays.  
3) Day Off.   Because of the compression of work schedules under this program, an employee on a 5-4/9 compressed work schedule will have one day off within a basic workweek once each pay period.   Normally, days off will occur on Fridays.   The Employer may approve variances for extenuating circumstances or in cases when it is judged that there would be no adverse impact on mission or function.  

Eligibility to Participate.   If operationally feasible, civilian employees will be eligible to work a 5-4/9 compressed work schedule.   Others who so choose will continue to work regular shifts.

It is agreed and understood that an employee’s requested shift and Friday off on the 5-4/9 compressed work schedule will normally be approved in the absence of evidence showing a specific and definable reason for denial related to mission or function accomplishment.  

Flextime schedules will be per Activity instructions, subject to consultation and/or negotiations with the Union.

Changing the workweek and shift hours.   The changing of a unit employee’s workweek and shift hours will be accomplished per applicable regulations.   Unit employees and the Union will be advised in advance if the employees are in the category of personnel whose workweek or shift hours are subject to change.   Unit employees will be given as much advance notice of changes as circumstances permit.   When changing the days of an employee’s basic workweek or shift hours, the Employer will normally give notice to the employee at least seven calendar days before the first administrative workweek affected by the change.   The days of an employee’s basic workweek shall not be changed for any period less than one full week except under special circumstances, including those described in applicable regulations.   It is recognized that certain working conditions do not permit the full notice period.   The number of employees assigned to a workweek other than Monday through Friday will be the minimum necessary to perform the functions.   Nonwork days of employees will be consecutive.

Training Situations.
A. A compressed work schedule does not normally apply to individuals attending schools, training courses, conferences, etc., where the basic workweek schedule is used.   For those pay periods involving training of this nature, the employee will normally work the basic workweek.   However, if an employee is attending training within the Activity complex, or is commuting on a daily basis to training, it may be possible to remain on a compressed work schedule (dependent upon availability of work and work space).   In certain situations such as training, premium pay is not permissible.
B. As in the case of a TDY situation, where there is insufficient time to change the basic workweek prior to the beginning of a pay period, supervisors should make adjustments, as appropriate, to the timekeeping system.  

Normally, employees will be granted thirty minutes for lunch between 1030 and 1230 for the day shift and fifteen minutes between 1950 and 2005 on the swing shift.   An employee’s lunch period may be shifted up to thirty minutes.   Exceptions are as follows:
A. In the event the Employer requires employees to work through their regular lunch period, these employees will be given time to eat at a time agreed upon by the employees and their supervisors.
B. If as a result of unforeseen circumstances, the employee is required to eat lunch on the job and food is not available at the job site, the supervisor, if possible, will see that appropriate arrangements are made for the employee to obtain food at the employee’s expense.
C. In the event the Employer requires an employee to forego the lunch period and the employee works all of the work shift, including the lunch period, all time worked in excess of the normally scheduled hours in the workday will be considered overtime.

The Employer agrees that assignment of employees to the swing and graveyard shifts will be made in accordance with the Employer’s analysis of the work requirements and the qualifications of all persons available.   Every consideration will be given employees volunteering for such assignments.

Except under unusual circumstances, employees involuntarily assigned to the swing or graveyard shift will not be required to remain on that shift longer than sixty calendar days at which time they will be reassigned to the day shift.  

Time, as determined by the Employer, will be allowed prior to the end of each shift for protection of Government property and equipment.   The Employer will provide suitable facilities for protection and stowage.
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ARTICLE 9 - OVERTIME

Overtime assignments whenever possible will be distributed fairly and within a reasonable time among employees determined by the Employer to be qualified in accordance with individual expertise, required certification, the Activity’s need for overtime work and in compliance with individual overtime policies agreed upon between the Union and the Employer.   The Employer agrees, upon request, to relieve an employee from an overtime assignment provided another qualified employee, as outlined above, is available from the same section and volunteers to perform the overtime work.   If an employee is relieved of an overtime assignment at the employee’s request, the hours of overtime declined will be considered as overtime hours worked for purposes of determining the equity of distribution.   Under certain circumstances, this overtime policy may be subject to qualification or clarification in some work groups or codes through written Employer policies or memoranda of agreement between the Union and the Employer.  

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 employee’s personal circumstances, subject to the paramount requirements of fulfilling the mission of the Activity.   An employee designated to work overtime on days outside the workweek will be advised of the possibility no later than twenty-four hours, if possible, prior to the end of the employee’s last shift before the overtime commences.   The Union recognizes that in special cases, such as the breakdown of equipment or urgent Fleet delivery or range requirements, little or no advance notice may be possible and therefore will not be given.  

The Employer agrees to consider employees’ requests to provide at least four hours of work to an employee who is requested to perform irregular or occasional work on an overtime basis on a nonscheduled workday.   It is recognized that in cases of emergency, such as restoration of utilities, etc., less than four hours may be provided.   Where the services of the employee are not required for four full hours, overtime will be paid per the “callback” provisions and applicable regulations which provide for a minimum of two hours pay.   When there is a continuation of an employee’s regular scheduled work shift and it is anticipated the continuation of work will last two hours or more, employees shall be provided a break period at the end of the regular shift and every two hours thereafter.

If an employee is in a work status during any part of a normal workday, the employee may work overtime on that day or the day following.   Employees in an approved leave status prior to overtime will not be denied their opportunity for weekend overtime assignments, if present during solicitation of the overtime or arranged in advance.

The Employer agrees to allow inspection of existing overtime records by the Chairperson to the extent necessary for determination of alleged inequities in overtime distribution.   Such requests will be kept to a minimum by the Union.  

The Employer will make every effort to schedule representational activities of Union representatives within their normal work schedules.  

If voluntary overtime does not satisfy the overtime requirement, the Technical Director or his designee will then give due consideration to all relevant factors in mandatory assignment of overtime.  
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ARTICLE 10 - HOLIDAY WORK

Insofar as practicable and in keeping with the Employer’s need for holiday work, assignment to holiday work shall be made by following the procedures specified in this Agreement.

The following are legal public holidays and will be observed as prescribed by Federal law:
(1) Year’s Day
(2) Martin Luther King Day
(3) Washington’s Birthday
(4) Memorial Day
(5) Independence Day
(6) Labor Day
(7) Columbus Day
(8) Veteran’s Day
(9) Thanksgiving Day
(10) Christmas Day
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ARTICLE 11 - WAGE SURVEYS

It is agreed that the Employer will forward promptly to the proper authorities, properly documented requests for wage surveys submitted by the Union and will notify the Union as soon as possible as to the date such wage surveys will be conducted.  

Time allowed during working hours will be granted to not more than one employee selected by the Union from the bargaining unit.  

Wage survey data collectors will be paid regular and overtime pay for all work officially authorized and approved which is performed by them in the course of their duties as data collectors.   Other expenses will be paid per applicable regulations.
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ARTICLE 12 - SICK LEAVE

Sick Leave.   Sick leave will be earned, accrued, and approved per applicable laws, regulations, and this Agreement.

Sick leave will be approved, subject to compliance with notice requirements, when the employee requesting sick leave has:
A. followed leave request procedures;
B. provided administratively acceptable documentation; and
C. accrued sick leave is available.

Sick leave may be approved for the following purposes, when an employee:
A. receives medical, dental, or optical examination or treatment;
B. is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy, or childbirth;
C. would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease; or
D. must be absent from duty for purposes relating to the adoption of a child, including appointments with adoption agencies, social workers, and attorney, court proceedings, required travel, and any other activities necessary to allow the adoption to proceed; or
E. provides care for a family member as a result of physical or mental illness, injury, pregnancy, childbirth, or medical, dental, or optical examination or treatment; or
F. makes arrangements necessitated by the death of a family member or attends the funeral of a family member.

Expansion of sick leave use for family care and bereavement (paragraphs e. and f. of Section 1203 above) was enacted as the Federal Employees Family Friendly Leave Act of 1994 (FEFFLA).   There is a limit to the number of hours of sick leave an employee can use for family care and bereavement each leave year:
A. For full-time employees, the basic limit is 40 hours of accrued sick leave.   An additional 64 hours can be used if the use of that leave does not cause the amount of sick leave credited to the employee to fall below 80 hours; and
B. For part-time employees or an employee with an uncommon tour of duty, the basic limit is equal to the average number of hours of work in the employee’s scheduled tour of duty each week.   Additional sick leave, up to the amount accrued during a leave year, can be used if the use of that leave does not cause the amount of sick leave to the employee’s credit to fall below twice the basic limit amount.

The approval of sick leave requests is at the discretion of the supervisor when the following circumstances exist:
A. the employees fails to follow leave request procedures, or
B. the employee fails to provide administratively acceptable documentation, or
C. abuse or fraud is suspected or evidenced, or
D. the request is for non-emergency medical, dental, or optical examination or treatment (such request must be submitted in advance on an SF-71), or
E.    the employee does not have accrued sick leave to cover the request.

Approval of sick leave use for family care and bereavement cannot exceed the limits set by law which are described in Section 1204 above.

Sick leave absences may be charged in 6-minute increments.   Upon request by the employee, an approved absence which would otherwise be chargeable to sick leave may be charged to annual leave.

Notification Requirements for Sick Leave.   When a Unit employee knows in advance that sick leave will be required, sick leave will be requested at the time the necessity for leave is determined.   Sick leave will only be granted when supported by administratively acceptable documentation.
A. Unit employee who is absent on account of illness, or injury must personally notify his/her immediate supervisor or designee of the absence within two hours after the   beginning of his/her scheduled shift.
B. Notification of an absence due to sick leave will be made within two hours of the beginning of the scheduled work shift on the first and third days of the absence unless the supervisor specifically waives this requirement.   When the absence extends from one workweek to another, the employee must notify the supervisor, or designee, on the first workday of each week until return to duty, unless under a doctor’s care for an extended period.
C. Where circumstances warrant, the leave may be denied or approved at the time the employee calls in his/her absence.   At the supervisor’s discretion, the leave may be tentatively approved at the time of notification.   In which case, approval or disapproval of leave will be made after the employee’s submission of the SF-71 and any required justification.
D. The employee will submit a leave request, SF-71, immediately upon return to duty.   The SF-71 will be returned to the employee indicating whether the leave has been approved or disapproved.
E. Normally, an employee may provide self-certification as to the reason for his/her absence.   However, an employee will be required to provide a medical certificate or other administratively acceptable evidence explaining the reason for his/her absence when determined necessary by the immediate supervisor, e.g., the employee is under a Letter of Requirement or other circumstances appear to warrant justification for an absence for which sick leave is requested.

The term “medical certificate” means a written statement signed by a licensed physician or other practitioner, certifying to the incapacitation, examination, treatment, or the period of disability of an employee.   The supervisor may require specific medical information as acceptable evidence, as determined necessary by the immediate supervisor.

The employer agrees to advance sick leave per applicable regulations and Activity directives to career or career conditional employees who are incapacitated for duty because of serious illness or disability, provided:
A. The maximum advance will not exceed 30 days;
B. All accumulated sick leave must be exhausted.
C. There is reasonable evidence substantiated by a statement from the Dispensary or practitioner or private physician that the employee will be capable of returning to work and fulfilling the scope of the employee’s normal duties.;
D. There are sufficient funds in the employee’s retirement account to repay the Activity for the value of advance sick leave should the employee not be able to return to work.

Sick Leave for Adoption.   Employees may use accrued sick leave for purposes relating to the adoption of a child, as described in Section 1203 above.   Sick leave for this purpose should be requested as far in advance as the need is known, and requires administratively acceptable supporting documentation.

Employee Entitlements under the Federal Employees Family Friendly Leave Act (FEFFLA).   Employee entitlements are described in Section 1204 above.   Requests for sick leave under the provisions of this act (for family care and bereavement) will be invoked by noting “FEFFLA” in the remarks section of the SF-71, Application for Leave form.

Employee Entitlements Under the Family and Medical Leave Act (FMLA).   Full-time Federal employees are entitled to 12 workweeks of unpaid leave during any 12-month period for the following purposes:
A. the birth of a son or daughter of the employee and the care of such son or daughter; or
B. the placement of a son or daughter with the employee for adoption or foster care; or
C. the care of a spouse, son, daughter, or parent of the employee who has a serious health condition; or
D. a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position.

An employee may elect to substitute other paid time off, as appropriate, for any unpaid leave under the FMLA.   Substitution of sick leave for family care counts when determining the amount to sick leave used in a leave year for this purpose.   FMLA leave is in addition to other paid time off available to an employee.   The employee must provide notice of the intent to invoke entitlement to leave under FMLA not less than 30 days before leave is to begin or as soon as is practicable.   The employee will invoke entitlement to leave under this Act by noting “FMLA” in the remarks section of the SF-71, Application for Leave form.   Medical certification or other administratively acceptable supporting documentation may be required for FMLA leave.

Letters of Requirement.   If an employee is suspected of sick leave abuse, the employee may receive a Letter of Requirement which requires him/her to provide administratively acceptable medical documentation for each absence due to medical reasons.

When an employee is assigned a temporary restricted work classification, as determined by the Dispensary, the Employer will give consideration to providing temporary limited duty assignments consistent with the prescribed restrictions.   Should no such job be available for the duration of the restriction, the employee may elect to use sick leave or annual leave, if available, or leave without pay.

Employees injured on the job will be eligible for continuation of pay per OWCP regulations.   An employee who has filed a claim with OWCP for continuation of pay may elect continuation of pay or use sick or annual leave, as appropriate, pending the decision by OWCP.   Employees who elect to use sick or annual leave in lieu of compensation will be permitted to buy back leave used for that purpose, after approval by OWCP.

In job-related injury situations, employees will be informed of their right to select a physician of their choice.
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ARTICLE 13 - ANNUAL LEAVE

Annual leave will be earned and accrued per applicable laws and regulations.   Employees will request annual leave using Standard Forms 71 (SF-71) as far in advance as possible.   The employee will submit the SF-71 to his/her immediate supervisor.   If the leave is disapproved, the employee’s supervisor will indicate on the leave application the reason for the disapproval and promptly return the leave request to the employee.   To avoid leave forfeiture at the end of the leave year, supervisors and Unit employees are expected to work together in scheduling annual leave.  

Every attempt consistent with the workload will be made to satisfy the desires of the employee with respect to approval of extended annual leave for vacations.   In scheduling such leave, the wishes of the employee will be given all due consideration.   When the Employer finds it necessary to cancel previously approved leave of two weeks or more, the reasons for such actions will be provided to the affected employee or employees in writing if requested by the employee.   In such situations, the supervisor will also inform the employee in writing of the right to reschedule the requested leave.

Emergency Request for Annual Leave.   Emergency annual leave is leave defined as a request for leave necessitated by circumstances which preclude an employee from satisfying advance notice requirements.   Emergency request for annual leave will be considered on an individual case basis per applicable regulations.

Notification Requirements for Emergency Annual Leave.   A unit employee who is absent on account of emergency must personally notify his/her immediate supervisor or designee of the absence within two hours of the beginning of his/her scheduled work shift.

The Employer reserves the right per appropriate regulation to place an employee on leave whenever it is deemed expedient to do so for administrative reason.   Employees will be given the opportunity to take leave without pay when sufficient annual leave has not been accrued.   When it is necessary to require an employee to use annual leave, the Employer agrees to give the maximum possible advance notice to the employees and the reason for the action.   In such situations, the Employer will give first consideration to volunteers.  

The Employer agrees to make every effort to allow use of annual leave on the employee’s birthday.  

The Employer agrees to consult with the employee as appropriate in the scheduling of “use or lose” leave.  

Employees who will be on military leave will submit yearly schedule at the beginning of the fiscal year, if available.
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ARTICLE 14 - ADMINISTRATIVE EXCUSALS

An employee shall be allowed excused time, without charge to leave or loss of pay, subject to the workforce requirements of the Employer as hereinafter provided:   
A. An employee whose services have been requested for authorized emergency rescue and protective work not to exceed forty hours per calendar year.
B. Employees under RIF notice will be granted administrative leave for required interviews at other Federal activities within the commuting area.  
C. Employees who volunteer as blood bank donors shall be excused for this purpose.
D. The Employer agrees to grant administrative leave to employees who are representatives of the Union for the purpose of attending Union-sponsored training sessions which are conducted once each year to train the employee in labor-management relations.   No more than one employee per BMTC affiliate per year will be granted this time.   Administrative leave of four days will be granted, and two days will be on leave without pay or annual leave.
E. All stewards will be allowed nine hours per year for stewards training.   An additional nine hours of training will be allowed in years a agreement is implemented.  
F. The Union will be allowed up to two persons to attend training sessions conducted by the Office of Management, the Federal Labor Relations Authority, the Federal Mediation and Conciliation Service, etc., which are of mutual benefit to the Employer and the Union.  

 The Union may be allowed training time for the Chairperson who will go to safety training which is mutually determined by the safety manager and the steward involved, as beneficial to the mission of this Activity.
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ARTICLE 15 - PUBLICITY

The Employer will make space available on unofficial bulletin boards on which the Union may post notices of Union meetings, recreational or social affairs, elections, results of elections, or other appropriate literature.  

The Union shall have the right to distribute, within the Activity, a Union s bulletin to all employees subject to the provisions of this Agreement.   Such bulletins will not be distributed inside any gates during peak traffic hours.
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ARTICLE 16 - MERIT STAFFING AND INTERNAL PLACEMENT

It is the employer’s policy to support mission accomplishment through the prompt identification and selection of highly qualified candidates.   The Merit Staffing and Internal Placement Program will be administered per governing DOD regulation requirements set forth in the governing DOD regulations; Civilian Personnel Instruction (CPI) 335, Promotion and Internal Placement; WPNSTASBINST 12000.2A, Book IV, Chapter 4, Merit Staffing; and this Agreement.

Selection and all procedures leading to selection shall be made without regard to political, religious, or labor organization affiliation or non-affiliation, marital status, race, color, sex, national origin, non-disqualifying handicap, or age.

Recruitment through merit promotion under merit staffing procedures is but one means of filling a position.   Other means may be properly utilized concurrently or separately from the merit promotion process.

Scope.   This Article shall only apply to positions to be filled within the Bargaining Unit.

Managers and supervisors are ultimately responsible for evaluating candidates and making selections.   Accountability for the end result (e.g., regarding fair and equitable treatment without regard to nonmerit factors, and fair and open competition and selection based on relative ability, knowledge, and skill) rests with the selecting official.

Merit staffing procedures contained in WPNSTASBINST 12000.2A, Book IV, Chapter 4, specify the circumstances under which competitive procedures are required and exceptions are permitted.

Methods of Locating Candidates.   Except where otherwise required, employer officials may, at any point in the staffing process, select or not select from a promotion certificate or from any other appropriate source of candidates, and may consider in any sequence, different sources of eligible candidates.   The following applicant sources are illustrative, but not all inclusive:   Merit staffing vacancy announcements or listings; reinstatement, transfer, reassignment, and repromotion eligibles; priority consideration candidates; special hiring authority eligible; management identification of candidates; and OPM registers.  

Area of Consideration (AOC).   When a vacancy is announced, the AOC can range from as small as the Branch level to as large as nationwide.   For management identification of candidates, the AOC must be small enough that all candidates are known to the selecting official, and can be evaluated and considered for the position.   The following factors must be considered when selecting the AOC:   (1) EEO goals and objectives; (2) the likelihood of producing a sufficient number of high quality candidates without restricting fair and open competition; (3) infusion of ideas and strengths into the organization; (4) budgeting constraints and cost effectiveness; and (5) the value of providing opportunities for movement of current employees between departments or offices.  

Vacancy Listing/Announcement.   When a vacancy is listed or announced, job opportunity announcements will be posted on all official bulletin boards developed for that purpose, during the time limits within which applications will be accepted.   Announcements issued for specific vacancies will normally remain open at least ten calendar days after being posted when the area of consideration is command-wide.   Promotion registers may be established from previous vacancy announcements.   The certificate cannot be reissued if more than 120 days have passed since the original announcement closed.   Standing promotion registers may be established for positions in series where vacancies repeatedly occur.   Standing promotion registers are typically established for one year and will be open continuously during that time.   They will be open for a minimum of ten calendar days before the initial register is established.   Merit promotion announcements will normally be open for at least 10 calendar days.   For those announcements that will be open for less than 10 calendar days, the Union will be notified prior to issuance.   On request, employees absent from the Activity on temporary duty assignment or sick or annual leave for the majority of the announcement period may be allowed up to 5 additional days to complete and submit an application.

Evaluations. Evaluation criteria, know-ledge’s, skills, and abilities (KSA’s), will be included in vacancy announcements.   Either abbreviated or detailed evaluation procedures may be used as identified below:
A. Abbreviated evaluation procedures may be used when there are either a small number or a large number of eligible candidates for promotion.
(1) Small number of candidates.   Applicants are grouped into qualified and best-qualified groups based on their qualifications as they relate to the identified KSA’s, or to a summary or quality ranking factor.
(2) Large number of candidates.   When the number of eligible candidates for promotion greatly exceeds the number of vacant positions, the number may be reduced to a more manageable level by using a summary element or quality ranking factor, as described above, to group the candidates into qualified and best-qualified groups.   The best-qualified group would then be fully evaluated using a detailed evaluation procedure.  
B. Detailed evaluation procedures use a crediting plan which defines levels of possession of the critical knowledge’s, skills and abilities (KSA’s) if ranking the candidates and placing them into two groups:   Qualified and Best-Qualified. The “Best-Qualified” group is determined by a natural break in the evaluation scores received by the candidates. 

.   Evaluation Criteria.   Regardless of the number of candidates, all must be evaluated using a system to identify the best-qualified candidates, which is based on an analysis of the KSA’s important for successful job performance and includes multiple assessment measures, such as experience, education, awards, performance ratings, etc., and is uniformly applied.

Selections. The selecting official is entitled to select any candidate certified.   The selecting official also has the option of nonselecting all of the candidates.   After his/her reviews of all candidates certified, the selecting official may interview none, any, or all of the referred candidates.

Management Identification of Candidates.   Management identification of candidates may be used when a Selecting Official supervises a sufficient number of people who are well-qualified for a vacant position.   The Selecting Official may select one of the employees for promotion without issuing a vacancy announcement for the position.   The Selecting Official fills the job based on his/her knowledge of the job requirements and each employee’s ability to do the work of the vacant position.   The Selecting Official may also, at his/her option, review the Official Personnel Folder (OPF) of each candidate prior to making a selection.   Accordingly, employees are encouraged to routinely update their OPF’s regarding experience, education, training, etc.   The Selecting Official will consult with the appropriate representative from the Affirmative Employment and Classification Division before using Management identification.   If Management Identification is determined to be appropriate, the Selecting Official will verbally or in writing, notify all eligible candidates within the AOC that the vacancy exists and that it will be filled using Management Identification.   Employees will be offered opportunities to submit relevant information for consideration in the selection process.   Eligible employees who are absent during the announcement period will receive automatic consideration for the vacancy.   The Selecting Official may select the employee he/she determines to be best-qualified for the position.  

Review Process
A. Ineligibility for consideration and/or evaluation determinations.   Candidates who are determined to be ineligible for consideration or who are evaluated by HRSC-SW personnel and are determined not to be among the best qualified candidates, may request counseling via the following procedures:
(1) Employees who have questions regarding the Notice of Rating or who wish to contest the rating received from HRSC-SW should submit their questions by mail, fax, or electronic mail, within 15 calendar days following receipt of notice to the HRSC-SW.   The HRSC-SW will respond to such requests within (15) calendar days of receipt.
(2) Employees may consult first with their HRO advisor concerning ineligible notices or other matters relating to specific qualifications for promotions.   However, employees who wish to contest ratings must do so in the manner and time limits described in paragraph a. (1) above.

Any changes to merit staffing or internal placement will be matters subject to bargaining.
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ARTICLE 17 - REDUCTION IN FORCE AND PERSONNEL MOVEMENTS

The Employer agrees to notify the Union of pending reduction-in-force actions at which time the Union may make its views and recommendations known concerning the implementation of such reduction-in-force actions.  

In the event of a reduction in force, existing vacancies to be filled will be utilized to the extent reasonably possible to place qualified employees in continuing positions who otherwise would be separated from the service.   All reductions in force will be carried out in strict compliance with applicable laws and regulations.  

It is agreed that the Employer, to the extent consistent with the Activity’s workforce requirements, will make a reasonable effort to reassign employees whose positions are eliminated due to automation or adoption of labor-saving devices.   It is agreed that the Employer will make a reasonable effort to train employees where necessary for reassignment whose positions are eliminated because of automation or adoption of labor saving devices provided the cost of such training is not excessive and if the employee has the necessary aptitude as determined by the Employer.   Any employee demoted without personal cause will be advised in writing of the employee’s entitlement to priority consideration for repromotion.  

The Union shall have the right to review retention registers and other pertinent papers relative to reduction-in-force actions affecting employees in the unit.   Such requests by the Union will identify the employees or areas of concern.   Personnel folders will not be reviewed by the Union unless written permission has been obtained from the employee.  

Although not guaranteed repromotion, an employee entitled to priority consideration for repromotion must be considered in the order of precedence given in the local instruction when a vacancy occurs in a position at the former grade level (or any intervening grade level) for which the employee is qualified.

It is the Employer’s policy to assign employees to temporary-duty assignments according the Employer’s analysis of the work requirements and the qualifications of all persons available.   When such assignments are required, every consideration consistent with work requirements and qualifications will be given to volunteers.  

The Employer agrees to meet with the Union to collectively examine the establishment of retraining programs to enable the qualification of employees for reassignment to other positions.  

Details, reassignments and temporary promotions will be made per merit promotion principles.   This shall not be construed to prohibit reassignment of personnel in order to avoid reduction-in-force actions, to satisfy requirements of a seasonal or temporary nature of emergency situations as defined in the regulations.
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ARTICLE 18 - DISCIPLINARY ACTIONS

Oral admonishments are not grievable.   The employee may attach comments to the supervisor’s copy of a Letter of Admonishment or grieve it under the provision of this Agreement.   Letters of Admonishment will be on file for a period of 12 months.   Letters of Caution or Requirement are grievable per the provisions of the negotiated grievance procedure.  

In all cases of proposed disciplinary actions, the employee will be given the opportunity to reply to the charges orally and/or in writing, using the assistance of a designated Union representative if desired.   After such formal action is taken, if the employee alleges that the charges were untrue, the facts misrepresented or the penalty too severe, the employee may appeal the decision per this Agreement.  

In all cases of written, formal disciplinary action taken by the Employer against any employee covered by this Agreement, the Union shall be notified unless the employee certifies in writing that the Union shall not be notified, in which case the Employer will notify the Union of the employee’s certification.  

Grievable disciplinary actions may be processed under this Agreement.   Employees will be advised of this right in writing when disciplinary action is taken.  

Disciplinary action by the Employer will be taken against any employee within a reasonable period of time.  
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ARTICLE 19 - GRIEVANCE PROCEDURE

The Parties agree that the following language and definitions constitute the negotiated grievance procedure, which is the exclusive procedure for all grievances.   The Employer and the Union desire that all employees be treated fairly and equitably.   This procedure assures the Union on its behalf, or on the behalf of any employee in the unit, the right to present and process grievances.   It is intended that this grievance procedure will provide a means for resolving complaints and grievances at the lowest level possible, and the Employer and the Union agree to work toward this end.

Definition of a Grievance. “Grievance” means any complaint:  
A. By any employee concerning any matter relating to the employment of the employee.   Appeals from adverse actions may be filed with the Merit Systems Protection Board or processed through the negotiated grievance procedure, but not both, at the employee’s option.   An employee shall be deemed to have decided on the appeal route at such time as the employee timely files a notice of appeal with the Merit Systems Protection Board or timely files a grievance in writing in accordance with this grievance procedure, whichever occurs first.
B. By the Union concerning any matter relating to the employment of any employee; or
C. By any employee, the Union or the Employer concerning the effect or interpretation, or claim of breach of the collective bargaining agreement; or any claimed violation, misinterpretation, or misapplication of any law, rule or regulation affecting conditions of employment.

The following matters are excluded from the negotiated grievance procedure:
A. With the exception of adverse actions, matters for which statutory appeals procedures exist, or other matters subject to final administrative review outside the agency (e.g., terminations or downgrades resulting from reduction in force, and Equal Employment Opportunity complaints).
B. Any claimed violation of the statute relating to prohibited political activities.    
C. Retirement, life or health insurance.
D. Suspension or removal for national security reasons.
E. Any examination, certification or appointment.
F. Position classification.
G. Removal of probationary employees is not grievable under this procedure.
H. Nonselection from a group of properly ranked and certified candidates.
I. An ineligible qualifications rating determination.   However, such determinations are reviewable via the following procedure:
(1) Employee requests a meeting with the appropriate Staffing Representative within 10 calendar days of the notice of determination.
(2) Employee meets with the Staffing Representative within 10 calendar days of the request.   Within 5 calendar days of the meeting, the representative will review and either correct or affirm the determination.
(3) Employee may then submit a written request to the Head, Affirmative Employment and Classification Group, within 10 calendar days of the Staffing Representative’s decision.   The request must specifically identify any alleged errors.
(4) Employee receives a written final decision within 10 calendar days of the receipt of the review request.   Reviews under this procedure may be rejected by the Head, Affirmative Employment and Classification Group, if they are not specifically related to the affected employee’s qualification determination or if they do not meet the criteria specified in the preceding paragraph (paragraph i.(3)).
(5) Decisions to reject may be appealed to the Human Resources Director within 10 calendar days from receipt of the decision made by the Head, Affirmative Employment and Classification Group.   The Human Resources Director will provide a written decision on the decision to reject within 10 working days.
J. Termination of any temporary or indefinite appointment, unless the termination is based on reasons of conduct or performance.
K. Questions as to interpretation of published agency policies or regulations, provisions of law, or regulations of appropriate authorities outside the agency will not be subject to this grievance procedure regardless of whether such policies, laws, or regulations are quoted, cited, or otherwise incorporated into the collective bargaining, except where the interpretation relates to a particular individual or Union grievance which is otherwise grievable.
L. The decision to not adopt a suggestion or the failure to recommend or approve a quality step increase, individual performance award, or other kind of monetary, honorary, or discretionary award; unless there are negotiated award procedures which have not been followed.

The Employer recognizes the right of the Union to decline to represent an employee when the Union considers a grievance to be invalid or without merit.

Who May Grieve.   Any employee or group of employees, the Union or the Employer may utilize the provisions of the negotiated grievance procedure.

Time Limits for Filing Grievances.   A grievance should be taken up with an employee’s immediate supervisor within 15 working days after the occurrence of the matter out of which the grievance arose or after the employee first became aware of it.

When there is More than One Grievance.  The Union and the Employer agree that when more than one employee has an identical grievance, where individual variations are not involved, the Union may call the aggrieved employees together and will select one case for processing under the grievance procedure.   Such joint action will require the concurrence of all aggrieved employees.   The Employer will be informed upon initiation of the grievance of the names of all known grievants.  The employees will be advised that in processing one grievance for the group, the decision on the case selected will be binding on all affected employees, and when a decision is made on the grievance, each employee will be notified through the steward.

Before Filing a Grievance.   The employee must decide whether to have representation in the processing of a grievance.   Under the negotiated grievance procedure specified herein, an employee may present a grievance and have it adjusted by the Employer without the intervention of the Union as long as the adjustment is not inconsistent with the terms of this Agreement and the Union has been given the opportunity to be present at the adjustment.   An employee may not utilize the provisions of this grievance procedure with a representative other than the Union, but may utilize these provisions without a representative.   If an employee wishes Union representation, he or she will contact the Chairperson to make appropriate arrangements.   After a grievance has been initiated, all contacts with the grievant concerning the grievance will be made through the steward unless the employee has declined Union representation.

Steps of the Negotiated Grievance Procedure.   The following steps apply to all employees of the unit:
A. Informal Step:   An employee shall first take up the grievance informally with the immediate supervisor or other official at the lowest organizational level who has authority to resolve the grievance.   The immediate supervisor will meet with the employee and, if the employee chooses, the Union steward, in an attempt to resolve the grievance.   The supervisor must give an answer to the employee grievance within 5 working days.   The Union and the Employer anticipate that most employee grievances will be settled at this level.
B. Formal Steps:
Step 1 - If no satisfactory settlement is reached at the informal step, the employee shall reduce the grievance to writing on the grievance form to be supplied by the Union.   The form should be submitted to the second-level official, with a copy to the immediate supervisor, within 5 working days of the supervisor’s informal decision.   The written grievance must contain the identity of the grievant and his/her representative, if any, the details of the complaint,   the desired resolution sought by the employee, the identity of the immediate supervisor, the date of the informal discussion, and the date of the informal decision. The second-level official will meet within 5 working days with the employee and the Union representative and attempt to resolve the grievance.   A written decision will be given to the employee, via the Union representative, within 5 working days of the discussion.   The written decision will provide responses to each major point set forth at the discussion or investigation.
Step 2 - If a satisfactory settlement has not been reached at the previous step, the employee may submit the grievance within 5 working days to the Commanding Officer who shall meet, or designate a representative to meet, within 5 working days, with the employee and the Union representative and attempt to resolve the grievance.   The Union and the Employer will present their points of view. The Commanding Officer or designee will supply the employee with a written decision on the grievance within 10 working days of this meeting.   The written decision will provide responses to each major point set forth at the meeting.
C. The original grievance form will be returned to the Union representative, if any, at the end of each step of the grievance procedure.
D. Grievances concerning disciplinary and adverse actions will be initiated at the first level above the supervisor who decided the action.   Such grievances will be initiated at Step 1 of the formal procedure unless the action was decided by the Department Head, in which case the grievance will be initiated at a higher level than the Department Head and at step 2 of the formal procedure.   The grievance must be submitted within 15 working days following receipt of the letter taking the action.

Grievances Initiated By the Union Or the Employer.   Non-employee grievances initiated by the Union or the Employer will be submitted informally as follows:
A. Union grievances - to the Technical Director
B. Employer grievances - to the BMTC Chairperson
The appropriate official will reply to the initiator of the grievance within 5 working days.   If the grievance is not settled at this level, it may, within 10 working days, be submitted in writing to the Commanding Officer or representative or the BMTC President, as appropriate.   Within 15 working days, the Commanding Officer or representative will meet with the BMTC President or representative to resolve the grievance. A decision will be rendered within 15 working days following the meeting unless the Parties agree to extend the time limit.

Violation of Time Limits During Processing.   The Parties will make every effort to adhere to the time limits prescribed in this Article.   In the event that the limits cannot be met, requests for extensions for specific periods of time will be granted by either Party.   Brief, inadvertent delays in processing will not result in cancellation of a grievance.   Failure of the Employer to meet the time limits of any step of the grievance procedure will permit the Union to forward the grievance to the next step.
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ARTICLE 20 - ARBITRATION PROCEDURE

Provision for Arbitration.   Arbitration, impartial review and decision by a third Party, is hereby provided for as an extension of the negotiated grievance procedure.   If the Employer and the Union fail to settle any grievance processed per the negotiated grievance procedure, such grievances may, upon written request of the Party desiring it, be taken to arbitration.   It is agreed that arbitration provided herein is binding on both Parties.   A written request for arbitration must be submitted not later than thirty calendar days following the conclusion of the last step of the grievance procedure.   An extension of time will be granted upon the request of either Party.   Arbitration on an employee grievance may be invoked only by the Union.   Arbitration concerning an Employer or Union- initiated grievance may be invoked by the Party initiating the grievance.   The arbitration hearing will be held during regular dayshift working hours of the basic workweek.  

Selection of an Arbitrator.   Within thirty working days from the date of receipt of the arbitration request, the Parties shall communicate for the purpose of selecting an arbitrator.   If agreement cannot be reached, either Party may request the Federal Mediation and Conciliation Service to submit a list of five impartial persons qualified to act as arbitrators.   The Parties shall communicate within five working days after the receipt of such a list.   If they cannot mutually agree on one of the listed arbitrators, the Parties will each strike one arbitrator’s name from the list of five and shall then repeat this procedure until there is only one name remaining.   That person shall be the duly selected arbitrator.  

Submission Statement.   Prior to the arbitration hearing, the Parties will meet to define the issues, to reach stipulations of fact, and to exchange documentary evidence thus far developed and names of witnesses.   If the Parties are unable to agree on issues, each Party will submit a written statement of the issues to the arbitrator with a copy to the other Party.   When there are separate submissions, then and only then, may the arbitrator determine the issues to be heard; otherwise the arbitrator is bound by the joint submission statement.  

Payment of the Arbitrator.   The fees and expenses of the arbitrator, and other costs of arbitration, shall be borne equally by the Union and the Employer.   When a transcript is not required by the Arbitrator, either Party shall have the right to arrange for a transcript at its own expense.  

Witnesses.   A reasonable number of witnesses may be called to the arbitration hearing by either Party.   Activity employees who are representatives, appellants and witnesses shall suffer no loss of pay while participating in the arbitration hearing.

Limit to Arbitrator’s Authority.   The arbitrator shall not change, modify, alter, delete or add to the provisions of this Agreement.

Timeliness of Arbitrator’s Decision.   The arbitrator will be requested to render his decision as quickly as possible, but in any event no later than sixty calendar days after the conclusion of the hearing, unless the Parties mutually agree to extend the time limit.   The decision shall be in writing and include the rationale for the decision.  

Decision of Arbitrator.   The decision of the arbitrator will be final and binding.  
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ARTICLE 21 - CLASSIFICATION AND REVIEW OF JOB DESCRIPTION AND RATINGS

The Employer will insure that a written description of duties, skills, responsibilities, working conditions, and supervisory relationships for each position is prepared, established, and classified per classification standards.

When employees allege inequities in their position or job descriptions, they shall be furnished information on appeal rights and procedures.   They may elect to be represented or assisted by a Union representative in discussing the matter with their supervisors or with representatives of the Human Resources Office.   If a job audit is conducted because of the alleged inequities, employees may have the steward present during the audit.  

An employee will receive from the department or group involved a copy of the position description or job description upon being placed in the position initially; when changes are made in the description; and upon request.  

It is agreed that the Employer will advise the Union at least 30 days in advance when an employee’s grade level is to be changed to a lower pay rate.  

The Union may make presentations and present supporting evidence to the Employer regarding the accuracy of position or job descriptions.  

The position or job description of record shall reflect the duties and responsibilities assigned to employees.   Assigned duties which become regular and recurring will be reflected in either a rewritten or amended position or job description.  

The Employer will ensure that positions are reviewed for accuracy at the time of the annual performance review.
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ARTICLE 22 - SAFETY AND HEALTH

The Employer will exert a reasonable effort to provide and maintain safe working conditions and industrial health protection for the employees and will comply with applicable Federal laws and regulations (OPNAVINST 5100.23) relating to the safety and health of its employees.   The Union will cooperate to that end and will encourage all employees to work in a safe manner and promptly report any unsafe conditions to the Employer.  

It is recognized that employees have a primary responsibility for their own safety and an obligation to know and observe safety rules and practices as a measure of protection for themselves and others.   The Employer will consider, from any individual employee or from the Union, suggestions which offer practical and feasible ways of improving safety conditions.   The Employer recognizes the right of employees under pertinent regulations to decline to perform assignments the employee reasonably believes pose an imminent risk of death or serious bodily harm and where there is insufficient time to seek relief through normal hazard abatement procedures.

It is agreed that the Employer shall maintain a safety committee.

In the course of performing their normally assigned work, Union representatives will be alert to observe unsafe practices, equipment and conditions, as well as environmental conditions in their immediate areas which represent industrial health hazards.   When suspected unsafe or unhealthy conditions are observed by the Union representatives, they should report them to the cognizant immediate supervisors who have the primary responsibility for compliance and enforcement of safety rules and procedures.   When suspected safety and industrial health matters are of general Activity interest, the Union may present the problem to the Safety Policy Committee, or bring the matter to the attention of appropriate higher level supervision for mutual consideration by the Employer and the Union.  

The Union and the Employer will make every effort to prevent accidents of any kind.   Should such accidents occur, however, a prime consideration will be the welfare and comfort of injured personnel.  

The Employer and the Union agree that prompt reporting of all injuries is essential to ensure that any benefits to which employees may be entitled are protected.   The Employer will inform injured employees in a timely manner of their right to file a claim.  

When it becomes known that an accident involving unit employees has resulted in a disabling work injury, or hazardous material contamination, the Employer will promptly notify the Union Chairperson on the Safety Policy Committee of the circumstances.   A copy of these accident reports will be provided upon request to the Union.

The Employer will maintain records of unit employees who are exposed to hazardous toxic material for which they are paid an environmental differential at least 25% of their working time on a monthly basis.   Periodic physical examination for employees whose duty assignments subject them to exposures which may be potentially hazardous to their health will be given, as required by applicable regulations.   When the Union feels the physical examination requirements are not being adhered to, it may petition the Employer in writing to expand the physicals to consider additional hazardous materials.  

The immediate supervisor will hold weekly meetings during which safety and other matters of mutual concern will be discussed.   All available employees in each supervisor’s crew will attend.   The Employer agrees that reprisals shall not be taken against an employee for filing any complaint relating to health and safety or other items discussed at safety meetings.  

A current list of emergency telephone numbers for ambulance service, fire and police will be posted on telephones.   These numbers as of the date of issue will also be printed on the outside back cover of this Agreement.

The Employer agrees to consult with the Union when materials or processes considered hazardous are used on this Activity in areas where unit employees work, consistent with security requirements.   Material Safety Data Sheets will be provided upon request.  

The Employer agrees to furnish protective clothing and safety equipment at no expense to the employee whenever it is required by the Employer for safety or industrial health reasons.   The Employer agrees to allow employees to purchase safety shoes from any source.   It is, however, the responsibility of the employees to make sure that the shoes meet the required 75 pound ANSI standard.   This is to be verified by the Safety Office.   When employees make their selection, they will, upon presentation of proper documentation, be reimbursed for the amount paid, up to the maximum amount authorized at the time of the purchase.   The Safety Office will evaluate all work areas on a continuing basis and make appropriate recommendations to the Employer, at or above the department head level, on the use of protective clothing and safety equipment.   Articles shall be replaced when determined they are no longer acceptable for their intended purpose.   Employees may request an inspection of articles which are suspected to be defective and supervisors shall treat such requests with urgency.   The Union and the Employer agree on the importance of employees’ wearing or using the protective clothing and/or equipment of the type required, approved and supplied for safe performance of their work, and employees will be responsible for the equipment and tools issued to them.

The Employer, when assigning an employee to work alone in a building, will follow the procedure set forth in the Activity’s Safety Manual.

The Employer and the Union recognize the personal health hazard presented by smoking.   It shall be Activity policy to allow smoking only in specified areas mutually agreed to by Union and the Employer.  
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ARTICLE 23 - EMPLOYEE DEVELOPMENT

The Employer and the Union agree that the training and development of employees is important to build and retain a proficient and productive work force.   Effective implementation of the Training and Employee Development Program requires the full participation of all personnel.

Employee training will be provided to ensure maximum efficiency of the performance of official duties and to encourage employees in their efforts for self-improvement.   Employees should demonstrate self-interest and initiative and be willing to expend time and effort necessary to achieve a high level of performance in their present and future positions.   Since participation depends on access to information, distribution of courses offered by the Government and/or educational institutions will be made available by the Human Resources Office.   Individual employees should be encouraged to develop personal plans for career self-development and may obtain appropriate career counseling and advice from a responsible representative of the employer, e.g., the immediate supervisor, Activity Training Coordinator, or the HRO, Employee Relations, Training and Development Group.   Employees should report any completed career-related, self-development training to their Training Coordinator for subsequent recording in their official training records.  
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ARTICLE 24 - EMPLOYEE ASSISTANCE

The Employer will continue to provide contact and referral employee assistance for unit employees whose job performance is impaired or threatened because of personal problems, which may include alcohol/substance abuse.   Both Parties to this Agreement will make special efforts to cooperate in rehabilitation programs established for Unit employees.
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ARTICLE 25 - ENVIRONMENTAL DIFFERENTIAL AND HAZARDOUS DUTY PAY

The Employer and the Union agree to cooperate in prompt identification and elimination of unnecessary exposure of Unit employees to hazards, hardships or working conditions of unusual severity.   Environmental Differential Pay (EDP) shall be paid to WG employees, and Hazardous Duty Pay shall be paid to GS employees, as authorized by higher authority regulations and approved by the Commanding Officer or designee. Work situations not previously approved shall be submitted to the Commanding Officer in accordance with current policy and procedures.   EDP or HDP for exposure to an approved work situation will cease if either (1) protective devices or safety measures are put into effect which practically eliminate the severe or hazardous working condition, or (2) the work situation no longer qualifies as unusually severe or hazardous.   The established grievance procedure shall be used for any grievance or claim for EDP or HDP for exposure to an approved work situation.  
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ARTICLE 26 - CIVIC RESPONSIBILITIES

In the event an employee serves jury duty, the Employer will pay the employee at the basic rate for the time lost from the basic work schedule for such service.   An employee who is called for such service, shall promptly notify the Employer in order that arrangements may be made for the absence from the Activity.   The employee will present the Employer a signed jury timecard or other satisfactory evidence of the time served on such duties.   All fees and allowances must be turned into the Activity except allowances received for meals, transportation, etc., which may be retained by the employee.  

Employees who are not able to vote in Federal, state, or local elections or referendums due to extended or modified work schedules, will be excused from work on administrative leave for the purpose of voting.  

An employee who is on jury duty for the complete week and is not required to be on jury duty on the weekend, will be given the opportunity to work any scheduled overtime if the Employer is notified of the employee’s availability.

Employees entitled to court leave will return to duty or suffer a charge against annual leave if they are excused in time to reasonably return to work.   The employee will be allowed sufficient time to return home before returning to work.   If serving as a witness in a non-official capacity is on behalf of a private Party, the employee’s absence must be charged to annual leave or leave without pay, and the employee may accept fees and expenses incidental thereto.
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ARTICLE 27 - UNION REPRESENTATION ON EMPLOYER COMMITTEES

Union participation on committees established by the Employer will be per the following procedures:
A. Union participation on labor-management committees will be limited to those committees which serve only for exchanging views or function purely in advisory roles.  
B. The Union will provide in writing to the Employer the name of the Union member who will represent the Union on any committee where Union participation is appropriate.

An exception to Section 2701 is any Partnership forum or committee which may be established.   Partnership committees, as allowed by Executive Order 12871, may address policy and substantive issues.

The Employer agrees to consider Union representatives on any board or committee that is established in the future or is not covered by this Agreement, if its function directly affects the employees in the unit.
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ARTICLE 28 - PERFORMANCE AND PRODUCTIVITY

Performance standards will be reflective of duties and responsibilities assigned the position and constructed per applicable law.   While the standards themselves are not grievable, application of standards may be grieved throughout the negotiated grievance procedure contained in this Agreement.  

In the development and setting of performance standards by the Employer, employees will be given a reasonable opportunity to review the proposed standards and to provide their input.   Each supervisor will give full consideration to employee comments before finalizing the standards.  

The Employer will inform the employees that their signatures on the performance appraisal form signify only that a discussion of the appraisal has taken place and do not constitute their agreement either with the performance standards established for their positions or the rating received.

A copy of an employee’s performance appraisal will be provided to the employee at the end of each appraisal period and at the midterm appraisal if requested.  

The Employer agrees to promptly inform employees in writing, on deficiencies in their performance when their performance approaches the “minimally successful” level.

The Employer agrees that upon the assignment of a rating of “unacceptable,” the affected employee will be given a reasonable amount of time during which the employee will be given assistance in improving and the opportunity to demonstrate acceptable performance.  

In cases of unsatisfactory performance, the affected employee and the Chairperson will be given a reasonable advance notice of the performance deficiencies.   During this period, the Employer will assist the employee to improve performance deficiencies.  

The Employer has the responsibility to develop programs, methods, procedures, and techniques required to maintain or improve productivity.   The Union will be informed of programs that have a potential impact on employees of the unit to enable their review by the Union during the development phase, and recommendations for improvement may be submitted for consideration.  

The Union will participate with the Employer in the development of Activity-wide programs aimed at improving productivity.   Union officials will encourage employees of the unit to participate in Activity-wide programs aimed at reducing costs and improving productivity.   Emphasis should be placed on specific programs that provide rewards for significant achievements through the Incentive Awards Program.  

Prior to implementation of changes in conditions of employment resulting from Total Quality activities, the Employer will comply with its obligations to the Union under the Statute.  
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ARTICLE 29 - TRAVEL

Employees shall not be required to travel except under the conditions and procedures prescribed by pertinent Department of the Navy instructions.   Further, employees required to travel in the course of performing assigned duties shall receive the maximum authorized per diem and travel allowances as provided by applicable laws and regulations.  

It is understood and agreed that employees may be required and are expected to perform temporary additional duty travel in order to accomplish the mission assigned to the Activity.   It is further understood and agreed that the travel of employees shall be directed only for those purposes and by those means clearly in the best interests of the Government.   When such temporary additional duty travel is necessary, the desires, convenience and comfort of the employee will be considered consistent with the mission assigned.  

A standard travel order will be issued to employees when travel requires an overnight stopover.   Every possible effort will be made to provide employees with complete and accurate information, in advance, concerning
(1) purpose of travel assignment,
(2) anticipated duration of assignment, and
(3) mode of transportation to the job site.   Except when circumstances beyond the control of the Employer exist, employees shall receive their travel orders sufficiently in advance to ensure that necessary arrangements for obtaining transportation requests and advancement of per diem allowances, as provided by current DOD Joint Travel Regulations, can be accomplished during work hours and prior to departing on temporary additional duty.  

It is understood that an employee in a travel status is entitled to reasonable hours of rest and will not be required to perform travel during unreasonable hours at night if sleeping accommodations are not available.   It is understood that availability of transportation needed to accomplish the mission and other related factors will dictate the scheduling of travel.   However, first consideration will be given to scheduling travel during working hours.   When travel is required outside working hours, an employee’s personal comfort in respect to allowing reasonable hours of rest and adequate time for arranging accommodations shall be considered.   Reasonable hours for beginning travel is considered to be 0600 or later, and reasonable hours for completion of travel is considered to be 2400 or earlier.   When employees, subject to the Fair Labor Standards Act, are scheduled and required to travel on days outside of their basic workweek but during their normally scheduled shift work hours, they may be entitled to overtime pay if they have worked forty hours of pay during the basic workweek.   Employees who depart earlier than scheduled, for their own convenience, will not be entitled to any adjustment in their salary or per diem.  

Travel expenses will be paid to employees traveling to Federal medical facilities or selected private physicians for agency-ordered examinations.  
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ARTICLE 30 - EQUAL EMPLOYMENT OPPORTUNITY

Both Parties to this Agreement recognize their bilateral responsibility for promoting affirmative action to correct situations of under-representation in the bargaining unit and recognize their joint responsibility for ensuring that no discrimination is caused by the provisions of this Agreement.   The Employer will provide full realization of equal employment opportunity in the workplace relating to race, color, national origin, sex, age, religion, and/or qualified handicap.   Sexual harassment is a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.   Both Parties agree fully to cooperate in efforts to identify problem areas and attempt to reach prompt and equitable solutions to equal employment opportunity problems.  
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ARTICLE 31 - ALLEGATIONS OF UNFAIR LABOR PRACTICES

Informal Resolution.   It is the intent of the Parties that labor-management disputes arising during the life of this Agreement be resolved promptly and equitably.   Should either Party believe that the other Party has committed an unfair labor practice as defined in the Civil Service Reform Act of 1978, that Party shall serve written notice and all supporting evidence of the alleged violation of the Act upon the other Party.   The Party so served shall have fifteen calendar days from the date of service to investigate the matter and meet with the other Party in an attempt to informally resolve the allegation.   If the matter is not resolved after such meetings, the Party so served will have seven calendar days to respond.

Witnesses.   Witnesses may be interviewed by both Parties.   Statements by witnesses will be in affidavit form and will be made part of the Parties’ reports of investigation.

Formal Filing of Charges.   If the Parties have been unable to informally resolve the matter, the charging Party may file a formal charge of unfair labor practice under the established unfair labor practice procedure.  
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ARTICLE 32 - POINT OF CONTACT

The primary point of contact between the Employer and the Union for general administration of this Agreement will be for the Employer, the Labor Relations Officer or his/her designated representative, and for the Union, the Union Chairperson or his/her designated representative.  
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ARTICLE 33 - DUES DEDUCTION PROCEDURE

Deduction Agreement.   The Employer will deduct Union dues which may include the additional allotments of Work Dues, Medical Insurance, Life Insurance, Dental Insurance and allotments for Political Action Committees from the pay of Unit employees who voluntarily authorize these deductions and who are employed within the recognized Unit per these provisions.

Conditions for Dues Deductions.   Union dues will be deducted by the Employer from an employee’s pay each pay period when the following conditions have been met:
A. The employee either is a member in good standing in the Union or has signed up for membership subject to the payment of his/her first month’s dues through voluntary allotment, as provided herein.
B. The employee’s earnings are sufficient to cover the amount of the allotment.
C. The employee has voluntarily authorized such a deduction on a Standard Form 1187, supplied by the Union.
D. The authorized Union official has completed and signed Section A of the Standard Form 1187 on behalf of the Union.
E. The Standard Form 1187 shall be transmitted promptly to the Financial Employer Department, Code 0022, Naval Ordnance Center, Pacific Division.   
F. The Union will be responsible for education of its members on the program for allotment for payment of dues, its voluntary nature and uses, and the availability of the required form.

Completion of 1187’s.   The Union will supply the employees involved with Standard Forms 1187 and will ensure that each completed form includes the employee’s Social Security number and certification of the current amount of regular Union dues to be deducted each pay period.

Start of Dues Deduction.  Deduction of Union dues will begin with the first pay period which occurs after receipt of a properly completed Standard Form 1187 by the Financial Management Department.   However, such forms must be received by the Department at least seven workdays prior to the beginning of the payroll period.  

Amount of Dues Deducted.   The amount of Union dues deducted each pay period on behalf of the Union will remain as originally certified to on the allotment forms by the authorized Union official until a change in the amount of such deductions is certified to by the authorized officials of the Union and such certification of change is duly transmitted by the Union to the Financial Management Department.

Changes in the Amount of Union Dues.   Any change in the amount of an employee’s regular dues, with resultant change in the amount of the employee’s allotment each pay period, will become effective and the deduction allotment will be made on the next pay period after receipt of the notice of change by the Financial Management Department, or a later date, if so requested by the Union.   Such notice of change, to be effective with the start of the pay period, must be received by the Financial Management Department seven workdays prior to the beginning of the pay period.   Changes in the amounts of dues will not be made more frequently than once each twelve months.

Termination of Dues Deduction.   An employee’s voluntary allotment for payment of his Union dues will be terminated with the start of the first pay period following the pay period in which any of the following occurs, providing notice is received at least seven workdays prior to the beginning of the payroll period:
A. Upon notification of loss of exclusive recognition from the Employer.  
B. Upon notification to the Customer Service Representative of the transfer of the employee outside the Unit.
C. Separation of the employee for any reason, including death or retirement upon receipt of a Standard Form 50.  
D. Receipt by the Employer of notice that the employee has been expelled or has ceased to be a Union member in good standing.

Termination of Dues Deduction by Request of Employee.   An allotment for the deduction of an employee’s Union dues may also be terminated by the employee through submission to the Financial Management Department, via the Union, of the original Standard Form 1188 (or individual’s substitute thereof).   The Union will enter the anniversary date on the Form 1188 and forward it to the Financial Management Department.   A termination of allotment under this section will be effective with the first full pay period which occurs after the employee’s anniversary date.   However, such forms must be received by the Department at least seven workdays prior to the beginning of the pay period.  

Termination of Dues Deduction by Union Notification.   The Union will promptly notify the Financial Management Department in writing when any member is expelled or for any reason ceases to be a member in good standing.   Such notice must be received by the Department seven workdays prior to the start of the next effective pay period.  

Payment of Union Dues.   The Employer, through the centralized payroll office (DCPS) will transmit to the Treasurer of the Union (Bremerton Metal Trades Council) the standard dues and allotment report.   An electronic funds transfer (EFT) will be made to an account at a qualifying financial institution designated by the Bremerton Metal Trades Council, in an amount equal to the grand total of all such monetary allotment deductions.   The Union will provide the servicing payroll office a completed Standard Form (SF) 1199A “Direct Deposit Sign-Up Form” designating the account and financial institution to which EFT payments are to be deposited.   Once procedures are instituted the Union dues will be remitted via EFT to the applicable financial institution until the Union directs a change.   The allotment report will be mailed to the Union no later than the second Monday after the payday.  

Continuation of Deduction Procedure.   This dues deduction procedure will continue in full force and effect for as long as the Union continues to be recognized by the Employer as the exclusive bargaining agent for this unit.
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ARTICLE 34 - DURATION AND CHANGES

This Agreement, as executed by the Parties, shall remain in full force and effect for two full years from the date of its approval by the Department of Defense.   It shall remain in effect for one additional year thereafter unless, at least sixty calendar days prior to the anniversary date of the Agreement, either Party gives written notice to the other Party of its desire to open negotiations.   Further, it is provided that this Agreement shall terminate at any time it is determined that the Union is no longer entitled to exclusive recognition under the Statute.   On the request of either Party, the Parties shall meet to commence negotiations on a agreement no more than sixty, nor less than thirty days prior to the expiration date of this Agreement.  

This Agreement, except for its duration period as specified in Section 3401 of this Article, is subject to opening only as follows:
A. Amendment(s) may be required because of changes made in applicable laws or executive orders after the effective date of this Agreement.   In such event, the Parties will meet for the purpose of negotiating language that will meet the requirements of such laws or executive orders.   Such amendments will be duly executed by the Parties and become effective on the date or dates agreed to as being appropriate under the circumstances.  
B. It may be opened for amendments by the mutual consent of both Parties at any time after it has been in force and effect for a least six months.   Requests for such amendments by either Party must be written and must include a summary of the amendments proposed.   The Parties shall meet within fourteen calendar days unless exceptions are mutually agreed upon, after receipt of such notice to discuss the matter(s) involved in such request(s).   If the Parties agree that opening is warranted on such matter(s), they shall proceed to negotiate on those amendments.   No changes shall be considered except those bearing directly on the subject matter(s) agreed to by the Parties.  

Any amendments to this Agreement as agreed upon by the Parties shall be promptly reproduced by the Employer and disseminated to all employees within the unit as mutually agreed upon.

No agreement, alteration, 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.

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.  

Any request for extension of this Agreement will be signed by both Parties, indicate the desired extension period and be

forwarded to appropriate approving authority.
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