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Please Note: This web-site copy of the NUWC/BMTC contract should not be used for any grievances or other actions. Refer to the original printed copy for exact wordings. |
Agreement between
Naval Undersea Warfare Center Division Keyport, Washington
and
Bremerton Metal Trades Council
March 2001
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Article |
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Article |
Title |
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19
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Disciplinary Actions | ||
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20
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Grievance Procedure and Arbitration | ||
| 1 | 21 | ||
| 2 | 22 | ||
| 3 | 23 | ||
| 4 | 24 | ||
| 5 | 25 | ||
| 6 | 26 | ||
| 7 | 27 | ||
| 8 | 28 | ||
| 9 | 29 | ||
| 10 | 30 | ||
| 11 | 31 | ||
| 12 | 32 | ||
| 13 | 33 | ||
| 14 | 34 | ||
| 15 | 35 | ||
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36
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Furlough | |
| 17 |
37
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Research Programs and Demonstration Projects | |
| 18 |
This agreement is made by and between the Naval Undersea Warfare Center Division, Keyport, (NUWC Keyport), Washington, hereinafter referred to as the “Management” and the Bremerton Metal Trades Council, hereinafter referred to as the “Union.”
Our Vision
F Quality for our Customers
F Improvement for our Future
At NUWC, Keyport, quality and improvement are achieved through our outstanding people who are:
F Proud of our Heritage
F Focused on our Mission
F Dedicated to our Principles
F The pathway to continued Success and Personal Leadership
Customer Satisfaction
F We have internal and external customers
F Their expectations deserve our attention
F Their satisfaction is our top priority
Measurement of Performance
F We must identify and measure our key process points
F We will determine our performance on objective data
F We will use measured data to direct our attention toward opportunities for improvement
Improvement of Processes
F We must constantly find ways to improve what we do and how we do it
F We will make improvement decisions based on facts and knowledge
F We will measure and understand the effects of our decisions
People make the Difference
F Everyone is a team member and must contribute
F We constantly expand personal skills for increased flexibility and excellence
F We will empower employees and teams with the authority to take action for improvement
F We will reward excellence
Communications and Teamwork
F We will talk about how we’re doing
F We will share our vision and our ideas
F We will listen to each other and our customers
F We will function as a team
Determined in our Commitment
NUWC Keyport is accountable for the quality of products and services we deliver. This means:
F We represent our products and services as a Center
F We work as a team, as a whole, not as unconnected parts (i.e., not just as individual departments or programs)
F We listen to our customers
F We are responsive in resolving or coordinating issues
F We don’t point fingers . . . internally or externally
F We find solutions for our customers
F We accept responsibility for TOTAL product quality
F If it’s government furnished equipment or contractor furnished equipment, it’s still our responsibility
F We document any known deficiencies with the delivered product or service
F We immediately follow-up and correct any problem areas
F We analyze the process so as to prevent future occurrences
F We keep the customer informed
F Expectations, as we understand them (schedules, cost, quality, and other issues), are continually assessed and communicated
Six Management ActionsSM
In performing their functions, duties and responsibilities, managers, at all levels, will endeavor to enact the following Six Management ActionsSM in their daily work and interactions with employees:
F Use positive reinforcement
F Ask what questions, problems, and concerns people have, and ask how you can help
F Ask for input before making decisions
F Provide information and feedback in a timely manner
F Don’t overmanage or undermanage
F Treat people with respect
Six Employee Actions
In performing their functions, duties and responsibilities, employees are encouraged to apply the following Six Employee Actions as part of their daily work and interaction with managers:
F Maintain a positive attitude
F Ask questions, identify problems and concerns, and ask how you can help
F Offer your input
F Provide information and feedback in a timely manner
F Accept responsibility and show initiative
F Treat people with respect
Allies in Realizing our Ambition - 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 covenants herein set forth, the parties hereto intending to be bound, hereby agree as follows:
WHEREAS the Congress finds that:
A. 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:
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Safeguards the public interest,
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Contributes to the effective conduct of public business, and
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Facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment, and
B. 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 NUWC Keyport 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 Commander. Now, therefore, the parties hereby agree as follows:
ARTICLE ONE - RECOGNITION AND COVERAGE OF AGREEMENT
Section 101 Representation
Management hereby recognizes that the BMTC is the exclusive representative of all employees in the unit.
Section 102 Who Is Represented
The unit to which this Agreement is applicable is composed of all non-supervisory trades and labor employees and all nonprofessional General Schedule employees (excluding employees engaged in Federal personnel work in other than a purely clerical capacity, management officials, professional employees, firefighters, supervisors, and confidential employees as defined in the Statute) including probationary employees, temporary employees and employees with intermittent work schedules at Keyport, Bangor and Hawthorne sites.
Section 103 Provisions Of This Agreement
The provisions of this Agreement shall be binding upon the parties for any new operation directed by Management to the extent that such operations affect working conditions of unit employees, in accordance with applicable regulations.
Section 104 Responsibility
It is the responsibility of supervisors and Union representatives to keep themselves apprised of the provisions of this Agreement.
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ARTICLE TWO - RIGHTS OF MANAGEMENT
Section 201 Customary And Usual Rights
It is agreed that the customary and usual rights, powers, functions and authority of Management are vested in officials of Management subject to the obligations to the Union imposed by the Statute. Included in these rights in accordance with applicable laws and regulations is the right to determine the mission, budget, organization, numbers of employees and internal security practices of the organization and to hire, assign, direct, layoff and retain employees or to suspend, remove, reduce in grade or pay or to take other disciplinary action against such employees, to assign work, to make determinations with respect to contracting out and to determine the personnel by which activity operations shall be conducted. With respect to filling positions, Management has the right to make selections for appointments from among properly ranked and certified candidates for promotion or any other appropriate source. It is Management’s right to take whatever actions may be necessary to carry out the agency mission during emergencies. Management will advise the Union Conference Committee Chair of the nature of any such emergency.
Section 202 Reasonable Rules And Regulations
The right to make reasonable rules and regulations is an acknowledged function of Management. In making rules and regulations relating to personnel policies, procedures, practices and matters of working conditions, Management will consider the rights of the Union and the employees under the provisions of this Agreement and the Statute and may bargain over appropriate arrangements for employees adversely affected by the exercise of management's rights. As necessary, Management agrees to consult with the Union to discuss and consider Union concerns relative to such matters as mission, budget, organization, number of employees or matters pertaining to national or internal security and, subject to the provisions of Section 7106 of the Statute, the numbers, types and grades of positions or employees assigned to an organizational unit, work project or tour of duty, or on the technology, methods and means of performing work.
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ARTICLE THREE - RIGHTS OF EMPLOYEES
Section 301 Join And Assist The Union
Management and the Union agree that employees in the unit shall have and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal to form, join and assist the Union and any other labor organization or to refrain from any such activity. Except as expressly provided hereinafter and in the Statute the freedom of such employees to assist any labor organization shall be recognized as extending to the participation in the management of the Union and the labor organizations and acting for the organization in the capacity of a Union or an organization representative, including presentation of its views to the officials of the Executive Branch, the Congress or other appropriate authority. Management shall take such action, consistent with law or with directives from higher authority, as may be required in order to assure that employees are apprised of the rights described in this Article, and that no interference, restraint, coercion or discrimination is practiced within this Center to encourage or discourage membership in any labor organization.
Section 302 Detail Or Assignment
It shall be the intent of Management 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. Subject to impact and implementation or appropriate arrangements bargaining requests by the employee and the Union, 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.
Section 303 Matters Of Personal Concern
Each employee shall have the right to bring matters of personal concern to the attention of appropriate officials of Management and/or appropriate Union representatives. Normally such matters should be initiated with the first-line supervisor or with a steward. Each employee shall have the right to file a grievance over Management application or interpretation of any law, rule, regulation, practice, and this Agreement and each employee shall be protected in the exercise of such right.
Section 304 Union Representation
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 Management 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 Management, where potential disciplinary action or grievances may arise, the employee may have Union representation present when requested. Employees serving as witnesses before Federal ad judicatory bodies, such as the Merit Systems Protection Board, will be informed of and have the right to the presence of Union representation as set forth in 5 C.F.R. section 1201.32. 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 agency 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. Management will inform employees quarterly of this right. Management should inform the employee of the right to Union representation prior to such examinations.
Section 305 Time To Confer
An employee must be granted a reasonable amount of allowed time to confer (either in person or by telephone) with a Union representative about a work-related concern, as workload allows, within a reasonable amount of time.
Section 306 Membership Requirement
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.
Section 307 Copies Of Medical Or Personnel Files
Employees shall have the right to request copies of items from their medical or personnel files and such copies will be provided free of charge not to exceed one copy of each document a year.
Section 308 Electronically Controlled Access
Employees with electronically controlled access may request that their hours of access be modified to permit early or late access to work areas. Such requests will be denied only for valid reasons related to safety and security requirements and pertinent safety and security directives.
Section 309 Non-Moving Traffic Infractions
Employees for whom on-base, non-moving traffic infractions have brought about the need to remove the passes from their vehicles will be permitted to retain such passes on their vehicles until they have exhausted their rights of appeal both to the traffic court and through the negotiated grievance procedure. Employees for whom pass removal has been determined to be appropriate will be allowed to remove the pass themselves and present the remains to security within 2 working days of the imminent removal.
Section 310 Vehicle Damage
In accordance with applicable regulations, employees whose vehicles are damaged by government vehicles will be permitted a reasonable amount of allowed time and appropriate travel allowances in which to obtain estimates necessary to submit a claim against the Government for repairs. Employees who desire to file a claim for property damage may contact NUWC Division Keyport Office of Counsel, to obtain information regarding where the claim can be filed.
Section 311 Transit Subsidy
Employees will be informed of their eligibility to receive the DOD wide Transit Subsidy. The entitlement will be determined on an individual case by case basis in accordance with applicable regulations.
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ARTICLE FOUR - RIGHTS OF THE UNION
Section 401 Union Rights And Responsibilities
The Union has the right and responsibility to:
- Represent the interests of all employees in the unit and initiate impact and implementation or appropriate arrangements bargaining relative to proposed changes in conditions of employment.
- Present its views to Management on matters of concern, either orally or in writing. Views should be presented at the lowest level possible, Strategic Planning Sessions, or at the Partnership Council, when appropriate.
- 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 Management. For the purposes of this Agreement, consultation is defined as oral or written dialogue between Management and the Union concerning policies, procedures or programs relating to the working conditions of unit employees which are within the discretion of Management. Management 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 Management and the Union.
- Enter collective negotiations with the object of reaching an agreement applicable to all unit employees.
Section 402 Notified Of Adverse Or Disciplinary Actions
The Union shall promptly be notified by Management of any written grievances received from adverse or disciplinary actions taken against employees of the unit in accordance with the provisions of this Agreement. At adverse action hearings held by the Merit Systems Protection Board a Union representative, if a NUWC Keyport employee, and a technical advisor may be present in a pay status, as well as necessary appellants and witnesses and the witnesses’ Union representative under Section 304. When an adverse action hearing (either MSPB or arbitration) is held onboard this Center, the Conference Committee Chair, the Chief Steward and the zone steward involved may also 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.
Section 403 New Employee Orientation
The Union may provide a representative who will speak to new employees at new employee orientation regarding the Union/employee relationship as it affects employees of the unit.
Section 404 Alphabetical And Organizational Listing
On request, Management agrees to provide the Union with an alphabetical and organizational listing which will correspond with existing computer printouts.
Section 405 Records Of Meetings
Management or Union (as mutually agreed) will keep records of meetings between Management officials and the Union at which major policy decisions are discussed or made (i.e., regarding those items which may be the subject of Center Instructions or Notices). Minutes of meetings between Management officials and the Union will not be kept by Management when the subjects discussed are of a routine nature such as workload, application of general policies, etc., nor will minutes of regularly scheduled shop meetings or conferences be kept except in extraordinary circumstances. Minutes of the meeting between the Partnership Council and Commander will be kept and posted in a reasonable time on all official bulletin boards and web pages. Minutes taken by recording party as required by this Section will be provided to both parties for review prior to final preparation.
Section 406 Photo Service
Management agrees to provide photo service upon request of the Conference Committee Chair or Chief Stewards.
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ARTICLE FIVE - PROVISIONS OF LAW AND REGULATIONS
Section 501 Conflict With Laws Or Regulations
Within the restrictions of Section 7116(a)(7) of the Statute, it is agreed and understood by Management 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 in the Federal Personnel regulations, by published Department of Navy policies and regulations in existence at the time of the Agreement's approval and by subsequently published Department of Navy 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.
Section 502 CyberFEDS
Management agrees to provide the Union with one on-line subscription to CyberFEDS on the Web database.
Section 503 Directives
Management further agrees to advise the Union of any 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.
Section 504 Midterm Bargaining
When the FLRA interprets contract language as it relates 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.
Section 505 Agreement Invalidity
Should any Federal law or court hold any provisions of this agreement invalid, it shall immediately be deemed inapplicable, but other provisions of the contract will remain in force. Further, the parties shall meet promptly to negotiate appropriate amendments to such affected provision or provisions.
Section 506 Union Bargaining Rights
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.
ARTICLE SIX - APPROPRIATE MATTERS FOR CONSULTATION AND NEGOTIATION
Section 601 Appropriate For Negotiation
It is agreed and understood by both parties that matters appropriate for negotiation are personnel policies, practices, procedures, and matters affecting general working conditions within the unit which are within the discretion of the employer, so far as may be appropriate under applicable laws and regulations. These include, but are not limited to, such matters as safety, training, labor/management relations, employee services, methods of adjusting grievances, appeals, leave, merit staffing plans, demotion practices, pay practices, and reduction in force practices. Nothing in this Section shall alter the rights and obligations of the parties to negotiate under the Statute as set forth in this Agreement.
Section 602 Existing Or New Benefits, Policies, Practices And Procedures
It is further agreed and understood that Management will consult and meet with the Union to discuss changes being considered in existing or new benefits, policies, practices and procedures affecting unit employees in accordance with pertinent precedents established by the FLRA under the Statute. Notification of changes in conditions of employment will be made, in writing, only to the Conference Committee Chair or, in the Chair’s absence, the Chief Stewards.
Section 603 To Advise, Discuss Or Consult
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.
Section 604 Meetings Between Stewards And Appropriate Management Officials
There will be a meeting scheduled at least once a month between stewards and appropriate Management officials to advise them of current and predicted workload information, consistent with security and other legal requirements. Matters of mutual concern such as safety, tooling, employee problems, etc., will also be discussed at this time.
Section 605 Partnership Council
It is agreed that both parties will continue support of and participation in a Partnership Council. In accordance with the established charter and Partnership Agreement between Management and the Union, both parties will ever strive to improve methods and effectiveness of communications, incorporate more effective and efficient processes for dispute resolution, find ways of improving Union-Management business efficiency, and employ the principles of interest-based bargaining for all matters requiring negotiation. Decisions and actions of the Partnership Council will not void or modify any portion of this Agreement without being negotiated within the prescribed requirements herein.
ARTICLE SEVEN - UNION REPRESENTATION
Section 701 Partnership Council
The Partnership Council is empowered to act on behalf of the Command to address and attempt to resolve labor-management-relations issues. The Partnership Council will meet once a month to discuss on-going matters of mutual concern, issues and solutions and will at least consist of the Command Management Designee, the BMTC Chairperson, the BMTC Chief Stewards, and a representative of HRO. The Command Management Designee will chair the Council. The Partnership Council will meet every 6 months with the Commander and/or the Executive Director to report on labor-management-relations issues. Either party may invite representatives to any of these meetings. Union and Management will give each other notice of any invited guests and agenda items at least three(3) working days prior to the scheduled meeting. Detailed meeting minutes will be taken, identifying actions and estimated completion dates, and will be widely disseminated.
Section 702 Partnership Council Agenda
Prior to meeting with the Commander and/or Executive Director, as set forth in Section 701, an agenda will be prepared. Union agenda items will normally be submitted to HRO no later than the Monday of the week before the scheduled meeting but may be submitted no later than the following Friday when circumstances so dictate. Management agenda items will normally be submitted to the Union no later than the Monday of the week before the scheduled meeting but may be submitted no later than the following Friday when circumstances so dictate. Except in unusual circumstances, discussion will be limited to agenda items.
Section 703 Stewards At Large
BMTC Stewards are listed as Stewards at large and do not specifically serve zones. The Union will maintain a listing of 12 Core Stewards and 4 alternate Stewards. The Chief Stewards will assign the core Stewards to each case that arises. The Union will make every attempt to distribute the Stewards as fairly across the Organization as possible and maintain an equitable balance within the Core to cover both GS and WG employees The Union agrees that every effort will be made to have the designated steward or alternate attend meetings with Management. The Union and Management agree to negotiate the number of Core Stewards to reflect the number of unit personnel on Station.
Section 704 Stewards Shall Represent The Union
Subject to the exceptions in Sections 703 and 2004, the stewards shall represent the Union and the employees in meeting with officials of Management to discuss appropriate matters of mutual interest. If an employee is moved to another area, the employee may have the assistance of the steward assigned when the grievance occurred, or the steward in the area in which the employee is presently working. The stewards many receive and investigate to conclusion, complaints or grievances of employees, including themselves, on allowed time and thereafter advise employees of rights and procedures outlined in this Agreement and applicable regulations or directives for resolving the grievances or complaints without a grievance being made by an individual employee. In the investigation of a grievance or complaint, the employee and/or steward will in accordance with the grievance time frames set forth in this agreement, contact the Management official involved in order to identify, in general terms, the nature of the problem. Grievances and complaints will not be solicited by the Union unless a contract violation is suspected. Solicitation of memberships and activities concerned with the internal management of labor organizations such as the collection of dues, membership meetings, campaigning for officers, conducting of elections and distribution of literature or authorization cards will not be conducted during working hours. However, these Union activities as well as other Union-related activities are permissible during formal break periods, subject to Management's right to assign work. Assigned Stewards will normally handle labor-management relations matters at the work area, branch or division, while the Chair of the Conference Committee or the Chief Stewards will normally handle contacts with officials of Management above the division level.
Section 705 Allowed Time
Conference Committee members, stewards or alternate stewards and employees are authorized to use allowed time for the following categories of labor-relations-associated work: (Work-measurement codes for cost accounting purposes.)
WORK MEASUREMENT CODES
| CATEGORY | STEWARDS | EMPLOYEES |
| Steward Investigation Of Grievance | US | |
| Employee Consulting With Steward | UE | UY |
| Steward Training Authorized By Management | UT | |
| Monthly Union Meetings With Management | UM | |
| Discussion With Management Personnel As Provided For In Agreed Ground Rules | UL | UZ |
| Other | UA |
Additional work-measurement codes may be assigned by Management when a further breakdown is required. The Union will guard against the use of excessive time in the handling of such matters. If Management believes an individual is abusing the allowed time privilege, Management will discuss the matter with the Union.
Section 706 Seek Permission
Except during formal break periods, stewards and Conference Committee members, prior to leaving their work areas, will seek permission from their supervisors, or designated representative, if available. Contact between employees and representatives of the Union will normally take place in the immediate vicinity of the employee's assigned work area. Supervisors will make every reasonable effort to accommodate requests for such meetings when absences will not cause serious detriment to the operation. Upon entering another supervisor's work area, the steward will contact the supervisor or designated Management representative, if available, to advise the supervisor the steward is investigating a labor-management problem and identify the employee to be contacted. Union representatives other than Center employees will follow like procedures.
Section 707 Chief Stewards
The Chief Stewards will perform the following duties:
Assign stewards to either the Core or alternate listing and provide the listing to the Conference Committee Chair
Make individual case assessment and assign the appropriate steward to the case
Provide technical guidance and assistance to stewards in handling grievances and actively participate in hearings at the department head level to arbitration. The Chief Stewards will not normally handle grievances at earlier steps, except as necessary to assist a steward who has not previously handled a grievance, or under circumstances as determined by the Conference Committee Chair or the Chief Stewards or as requested by Management.
Conduct research and investigations of alleged adverse workplace environments and mediate resolve as applicable, or as directed by the Conference Committee Chair or as requested by Management.
Provide technical guidance and assistance to Management representatives on Labor related issues as requested by the Conference Committee Chair or as requested by Management.
Conduct research of labor-related laws and regulations, including the maintaining of familiarity with changes to applicable Government regulations, or as requested by the Conference Committee Chair.
Assume the duties of the Conference Committee Chair in the Chair’s absence.
Section 708 Required Certifications
The Chief Stewards and Chairperson may maintain all required certifications of their positions with their parent division if possible, being available for support as feasible. Management acknowledges that the nature of the representative's duties may demand the majority of the Chief Stewards' and Conference Committee Chair's daily time. While Management and Union Officials agree the Chief Stewards and Conference Committee Chairperson need a reasonable amount of time to conduct the business of Sections 701 through 716, the Union and Management agree to make every attempt to hold union office time to the level of 100 hours per average work week. The Chairperson will not be a Chief Steward, Core Steward, or alternate.
Section 709 Group Assignments Of 15 Or More
When group assignments of 15 or more unit employees are made involving temporary additional duty, a listing will be given to the Union upon request, to name a steward to represent them. However, this does not preclude the naming of a representative when a lesser number is involved in special instances when agreed upon by the Union and Management. Such stewards may conduct business under this Agreement with Management's representative on the trip
Section 710 Personnel And Vehicle Passes
Management agrees to provide the local Union officials with 3-year permanent-visitor personnel passes and 3-year vehicle passes. Non-local Union officials will be authorized entrance to this Center on an individual, as required, basis when requested by local Union officials and approved by Management in accordance with Center regulations for issuing temporary personnel and vehicle passes.
Section 711 Changes In Assigned Shift Or Work Area
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. Management will consider requests from the Union to avoid specific actions when it is shown that such actions will negatively impact upon their duties as Union representatives. Management 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.
Section 712 Necessary Records And Papers
Management agrees that space within the installation, when it can be made available by the area supervisor, may be used by the stewards to keep necessary records and papers for the purpose of representing employees.
Section 713 Conference Area
In the event a conference area is desired for discussions between a Union steward and a unit employee, Management agrees to provide space when available. Space must be requested in advance to facilitate scheduling of joint-use conference areas.
Section 714 Time To Be Interviewed
Employees will be allowed a reasonable amount of time to be interviewed by the Union as witness in arbitration, appeal cases, and in Union investigations pertaining to work place environment issues.
Section 715 Print And Distribute Copies Of This Agreement
The Management agrees to print and distribute copies of this Agreement to all unit employees. A copy of this Agreement shall be given to each newly hired employee as part of the employee’s orientation.
Section 716 Newly Hired Unit Employees
The Management agrees that all newly hired unit employees will have a check off point on their Check-in sheet for the Chairperson’s initials. The Chief Steward will initial the sheet in the Chairperson’s absence.
ARTICLE EIGHT - WORK SCHEDULES
Section 801 Administrative Workweek
The administrative workweek is the calendar week 0000 Sundays through 2400 Saturdays. Normal start and stop times will be in accordance with the time keeping manual. Except as set forth below, the basic workweek consists of five consecutive 8 hour days, Monday through Friday, followed by two days off. Basic workweeks other than Monday through Friday may be established for employees whose jobs are directly related but not limited to:
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Work not available to be accomplished Monday through Friday;
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Routine service-type functions such as outlined in applicable directives;
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Unforeseen or unscheduled work of a minor nature.
Section 802 Family-Friendly Work Arrangements
In the spirit of providing family-friendly work arrangements, Management will consider Alternate Work Schedule (AWS) programs whenever possible within mission constraints. Any employee may request an AWS schedule.
Section 803 Purpose Of Alternate Work Schedule
The purpose of AWS is to enable managers and supervisors to meet program goals while, at the same time, allowing employees to be more flexible in scheduling their personal activities, including pursuing advanced degrees and meeting family needs. Providing flexible scheduling of working hours and Telecommuting improves morale and reduces stress by giving employees more options to balance work and family demands. This enhances both hiring and retaining quality employees.
Section 804 Compressed Work Schedule Expectation
It is the intention and expectation of the parties to this Agreement that this Command and its civilian Management will cooperate in every way in the conduct of this program. Supervisors will grant a Compressed Work Schedule (CWS) if it is not detrimental to the operation or mission of the work center or the organization. Management shall attempt to accommodate employees with serious work-schedule conflicts such as daycare, ferry schedules, carpools, etc., consistent with efficient mission or function accomplishment when considering schedule details such as start/stop times.
Section 805 5-4/9 Compressed Work Schedule
NUWC 5-4/9 Compressed Work Schedule (CWS): an employee works 9 hrs for 8 days, 8 hours on 1 day, and normally has one scheduled workday off during each pay period. Regular beginning and ending times for each workday, and the scheduled work days will be set at the time an employee begins the CWS program.
Section 806 Special Work Schedule
NUWC Special Work Schedule (SWS): Management has the authority to authorize work schedules other than the standard work schedules included in this agreement if a special schedule is requested by the employee and the requested schedule does not interfere with accomplishing the mission of the work group and NUWC Division Keyport.
Section 807 Day Off May Be Changed
In the CWS program, once hours have been selected, the employee's compressed work schedule day off or 8-hour day may be changed, on a “for this pay period only” basis, either by mutual agreement between the employee and Management, or at the direction of Management when the workload so dictates. Any such change to normal work hours must be reflected by a revised timecard submitted to Payroll by Management.
Section 808 Alternate Work Schedule Policy
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The AWS is offered on a voluntary basis to full-time career and temporary employees of NUWC Keyport as set forth above. Work schedules for employees not approved for the AWS will be established per current Negotiated Agreements or NUWC timekeeping procedures as applicable. It is understood that when changing work groups, employees’ Alternate Work Schedules may have to be changed to complement the schedules of co-workers and accomplish the mission of the affected work units.
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Some projects or assignments may require that employees work a schedule other than their normal assigned schedules for the duration of that project or assignment.
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Supervisors shall continually evaluate all positions for impact on efficient mission or function accomplishment.
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Management will advise the Union of any reason for not wanting specific work units or positions included in the program. In any and all cases where Management contends:
a. that an alternate work schedule is not practical for a specific work unit or position;
b. that pertinent laws or regulations, such as those governing the hours of work in ordnance magazines, require a change in AWS hours of work, hours per day or days off;
c. that there are other circumstances where any general change of CWS hours of work, starting and stopping times or other AWS related change affecting work groups in general is necessary; such issues will be resolved in accordance with the provisions of the Negotiated Agreement and the Federal Labor Relations Statute -
Employees and supervisors should work together to develop mission-sensitive, customer-focused work schedules. When they are unable to agree, supervisors are encouraged to obtain input from a third party who is not a part of the work unit.
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Basic workweeks that do not coincide with the calendar week will, for the purposes of this Alternate Work Schedule program, be treated in the same manner as those that do coincide with the calendar week with corresponding non-workdays, for the purpose of administration of this AWS program, considered as if a Saturday/Sunday and the first and last workweek days as if Monday/Friday.
Section 809 AWS Procedures
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The approval of specific work hours for participating employees is the responsibility of Management. In establishing an employee's work hours, primary consideration must be given to efficient mission or function accomplishment. Family-friendly policies and employee moral will also be considered.
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Participating employees will have their regular work hours and the designation of shifts entered in the automated timekeeping system. Thereafter, the employee or a supervisor will enter timekeeping data as appropriate to reflect work hours for that employee. To facilitate the payroll function, the supervisors must submit to Payroll, at least 1 week in advance of the scheduled pay period, a schedule for the participating employee.
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In order to prevent disruptions to routine Command functioning, changes must be kept to a minimum. An employee desiring to permanently discontinue participation in the AWS program should submit a written request to his or her immediate supervisor. The request should specify the desired change and include the desired effective date and the reason for the change. The supervisor will then consider the merits of any change requests. Approved changes will be forwarded to Payroll by Management.
Section 810 Alternate Work Schedule TDY Situations
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Management is responsible for anticipating fluctuations in an employee's work schedule to provide for 80 hours of work in each pay period. Therefore, except as set forth below, an employee will change to the basic workweek for the entire pay period(s) during which TDY is projected.
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In those rare instances where there is insufficient time for the employee to change the basic workweek at the beginning of the pay period, Management shall determine necessary adjustments using the following guidelines:
a. If possible, hours should be adjusted to allow the employee to work a total of 80 hours in a pay period.
b. If it is not possible for the employee to work a total of 80 hours in any single pay period, Management may excuse up to 4 hours during a pay period.
c. If the opposite situation occurs and the employee will work more than 80 hours during the pay period, the affected employee will be compensated for all hours worked in excess of what would otherwise be normal working hours. -
In limited TDY situations of 1 week or less, Management has the option of allowing employees to remain on the alternate work schedule or changing the employee to the standard workweek for that pay period. To allow an employee to remain on AWS, both the availability of work and workspace must be considered.
Section 811 CWS & Training Situations
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An alternate 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 five 8 hour days. However, if an employee is attending training within the NUWC 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 workspace).
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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.
Section 812 Compressed Work Schedule: & Annual and Sick Leave
Annual and Sick Leave: Time off must be charged to the appropriate leave category unless the employee is on an excused absence. Leave will be charged according to the number of hours that would normally have been worked. For example, if employees took annual or sick leave on a day they would normally have worked 9 hours, they would be charged 9 hours of leave respectively.
Section 813 CWS & Holiday Pay
Holiday/Holiday Pay: Any holiday falling on a scheduled workday will be recorded as the hours that would have been regularly scheduled for that day. When a holiday falls on a scheduled day off, the scheduled day off will remain the same and employees will be granted an “in lieu of” holiday as follows: When the holiday falls on the employee's first or second non-workday, the preceding workday shall be designated as the “in lieu of” holiday, and when the holiday falls on the third non-workday, the next workday shall be designated as the “in lieu of” holiday. When an employee performs work on a holiday within his or her regularly scheduled hours of duty, he or she is entitled to basic pay plus premium pay (equal to basic pay), for that holiday work. Work on a holiday outside the employee's daily scheduled hours is overtime work.
Section 814 CWS & Overtime
Overtime Pay: Overtime hours are hours worked which are in excess of the basic daily work requirement and in excess of 80 hours a pay period. The employee is entitled to overtime pay or compensatory time for overtime worked per applicable provisions of the law.
Section 815 CWS & Deviation From The Workweek Or Hours
Any deviation from the workweek or hours of work set forth in Section 801 above shall be made in accordance with applicable laws and government-wide regulations and the provisions for Alternate Work Schedules as set forth below:
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The range of hours during which an employee may be authorized to work is the employee's tour of duty. All employees are expected to be at work or in an approved leave status during their work schedule;
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Alternate Work Schedules may be utilized if requested by the employee and approved by Management. Management will consider requests from employees to effect changes in their shift hours and these requests may be granted by the appropriate supervisor. Management will also consider short-term changes of shifts to accommodate special needs or desires expressed by employees subject to the same considerations. Management may make minor changes in shift hours to accommodate individuals;
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Employees who submit a request for an AWS in writing will receive a written response if requested. If the request for an AWS is denied, the supervisor will provide to the employee specific and explicit reasons for declining approval of such requests;
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The employee will normally remain on that shift for 60 days before the employee can request a change to another shift. Management will give full consideration to these requests. Urgent work requirements may necessitate changes prior to 60 days. Management reserves the right to use Alternate Work Schedules on a short-term basis to accommodate special meetings/circumstances, training and medical exams;
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It is agreed that special circumstances surrounding operations associated with conventional ammunition on/off-loading dictate hours of work which are other than normal hours. These circumstances are related to traffic safety to and from this Center, the requirement for transportation between the parking area and the work station, and other physical limitations of waterfront facilities. In recognition of these special considerations, there will be two distinct hours of work established for those employees directly engaged in waterfront operations and those employees in positions supporting waterfront operations;
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It is further agreed that work in support of contractors, based or working on this Center which Management does not schedule, may require special hours. When judged necessary for mission accomplishment, these hours may be adjusted to conform to those hours established by the contractor. Every attempt will be made to have contractors conform to Management's work schedule and recognized federal holidays;
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Variations in work schedules for service-type functions (i.e., utilities) will be fixed according to the need for such services in accordance with regulation; and
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Transportation functions in support of the ranges may require special work hours and basic workweek. When compelling reasons require a change in these hours, Management will consult with the Union in accordance with this Agreement.
Section 816 Changing The Days Of Basic Workweek Or Shift Hours
When changing the days of an employee's basic workweek or shift hours without employee concurrence, Management will normally give notice to the employee and union at least 7 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 of less than 1 full week except under the special circumstances described above and 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. Non-work days of employees will be consecutive.
Section 817 Lunch
Normally, employees will be granted 30 minutes for lunch. Exceptions are as follows:
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In the event Management 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;
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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;
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In the event Management 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; and
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Under special circumstances, Management may allow employees to forego their lunch break thereby shortening their work-shift by the time normally allotted for lunch.
Section 818 Work-Hours, Unusual Circumstances
In unusual circumstances where workload cannot be scheduled during normal work-hours or could be more efficiently performed outside normal work-hours, employees may volunteer to shift their hours of work to accommodate the workload.
Section 819 Assignment To Swing And Graveyard Shifts
Management agrees that assignment of employees to the swing and graveyard shifts will be made in accordance with Management's analysis of the work requirements and the qualifications of all persons available. Every consideration will be given employees volunteering for such assignments.
Section 820 Involuntarily Assigned To Swing Or Graveyard Shift
Except under unusual circumstances, employees involuntarily assigned to the swing or graveyard shift will not be required to remain on that shift longer than 60 calendar days at which time they will be reassigned to the day shift.
Section 821 Non-Clocking Privileges
All employees will be extended non-clocking privileges except in situations involving overtime or compensatory time. Clocking may be required in situations where no supervisor will be working a back-shift, to provide attendance verification.
Section 822 End Of Each Shift
Time, as determined by Management, will be allowed prior to the end of each shift for protection of government property and equipment. Management will provide suitable facilities for protection and stowage.
Section 823 Motor Vehicle Operator
A Motor vehicle operator shall not be required to operate a motor vehicle for more than 10 consecutive hours following 8 consecutive hours off duty subject to the exceptions in OPNAV instruction 5100.12.
Section 824 Breaks
Employees will be provided two breaks during their daily work-shift in which they may engage in activities of their choice including Union-related business, subject to Management's right to assign work, as long as official break time is not exceeded. Consideration will be given to the time it takes the employee to get from the work site to the break area. Each break will not normally exceed 10 minutes.
Section 901 Overtime Assignments
Overtime assignments whenever possible will be distributed fairly and within a reasonable time among employees determined by Management to be qualified in accordance with individual expertise, required certification, this Center’s need for overtime work and in compliance with individual overtime policies agreed upon between the Union and Management. Management 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. Since compensatory time for non-exempt employees is strictly voluntary upon the request of employees, Management agrees that no overtime work assignments will be required as compensatory time to avoid the payment of overtime compensation. Under certain circumstances, this overtime policy may be subject to qualification or clarification in some work groups or codes through written Management policies or memoranda of agreement between the Union and Management. When employees are required to work overtime, they will not be required to use annual leave or leave without pay to offset overtime hours worked.
Section 902 Notice Of Scheduled Overtime
In the assignment of overtime, Management agrees to provide the employee a minimum of one scheduled full workday notice of scheduled overtime. As soon as the need for unscheduled overtime is known, management will promptly notify all affected employees and further agrees to give due consideration to the employee’s personal circumstances, subject to the paramount requirements of fulfilling the mission of the installation. Confirmation of instructions to report for overtime will be given no later than the start of the lunch period on the last scheduled 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, that little or no advance notice may be possible and therefore will not be given.
Section 903 Perform Irregular Or Occasional Work On An Overtime Basis
Management agrees to consider employees’ requests to provide at least 4 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 4 hours may be provided. Where the services of the employee are not required for 4 full hours, overtime will be paid in accordance with the “callback” provisions of OPM regulations and other applicable regulations which provide for a minimum of 2-hours pay. When overtime work cannot be scheduled as a continuation of the regular shift, employees will not be required to terminate their workday and return to work later if the overtime work is scheduled to commence within 2 hours of the end of the shift.
Section 904 Qualifying For Overtime
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.
Section 905 Inspection Of Existing Overtime Records
Management agrees to allow inspection of existing overtime records by stewards to the extent necessary for determination of alleged inequities in overtime distribution. Such requests will be kept to a minimum by the Union.
Section 906 Overtime Policy
When an employee is scheduled to work 8 hours of overtime which is not a continuation of the regular work shift, the following policy will apply:
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If the employee is not notified that work is not available prior to reporting for work, the employee will be provided 2 hours of work;
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When the work scheduled for completion during an overtime shift, which was anticipated to take a full eight hours, is completed early or must be suspended, management will consider requests from employees to be assigned additional work required to provide a total of 8 hours of overtime work;
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It is understood that workload considerations might preclude assignment of such additional work, that this work may not necessarily be within the employee’s normal trade and that if the work is not required to be performed by Management, the employee may choose to forego that option under this section; and
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When there is a continuation of an employee’s regular scheduled work shift and it is anticipated the continuation of work will last 2 hours or more, employees shall be provided a break period at the end of the regular shift and every 2 hours thereafter.
Section 907 Scheduling Of Representational Activities
Management will make every effort to schedule representational activities of Union representatives within their normal work schedules.
Section 908 Pay Recoupment Action
Prior to recoupment action on an employee’s pay, a determination will be made in accordance with the Federal Claims Collection Standards whether a suspension of collection action is permissible. The employee will then be notified of the reasons for the recoupment action and be afforded the opportunity to request a suspension of collection action prior to recoupment. If collection action is ultimately deemed mandatory, the employee shall be afforded the opportunity to negotiate a schedule of recoupment in increments of the amount owed to be deducted from successive paychecks within the parameters of pertinent laws and regulations including those provided by the Defense Finance and Accounting Service (DFAS). Union representation may be elected at any step during this process.
Section 909 Overtime On CWS Days
Whenever possible overtime assignments may be performed on the employee’s Compressed Work Schedule day off during the normal workweek which will be granted either as overtime or compensatory time as requested by the employee.
Section 910 FLSA Exempt Employees Overtime
Management will make a reasonable effort not to assign FLSA exempt employees overtime beyond that for which they can be paid under Title 5.
Section 1001 Holiday Work, Assignment
Insofar as practicable and in keeping with Management’s need for holiday work, assignment to holiday work shall be made by following the procedures specified in this Agreement.
Section 1002 Legal Public Holidays
The following are legal public holidays and will be observed as prescribed by Federal law:
- New Year’s Day
- Birthday of Martin Luther King, Jr.
- Washington’s Birthday
- Memorial Day
- Independence Day
- Labor Day
- Columbus Day
- Veterans Day
- Thanksgiving Day
- Christmas Day
Section 1101 Wage Surveys
It is agreed that Management 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.
Section 1102 Time Allowed
Time allowed during working hours will be granted to not more than one employee selected by the Union for each benchmark trade in the unit for the purpose of appearing before the Wage Survey Committee to make a presentation on the behalf of the employees in the unit concerning a wage survey coverage. Such allowed time will be limited to 3 hours per appearance.
Section 1103 Wage Survey Data Collectors Pay
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 collector. Other expenses will be paid in accordance with applicable regulations.
Section 1201 Accrued Sick Leave
Accrued sick leave shall be granted employees when they are incapacitated for the performance of their duties by sickness, injury or pregnancy and confinement or for medical, dental or optical examination or treatment and in accordance with circumstances described in the Family Friendly Leave Act and the Family and Medical Leave Act.
Section 1202 Notify, Or Cause To Be Notified
Unless physically incapacitated from so doing, an employee who is absent on account of illness will personally notify, or cause to be notified, on the first day of sick leave during the week unless otherwise arranged, the designated supervisor within 2 hours after the start of the employee's or supervisor’s work shift, whichever is later. If an employee expects to be absent more than one day, the employee will advise the supervisor of the expected date of return. Where the employee so advises the supervisor, daily reports may not be necessary unless required by management. Employees assigned to service functions such as transportation and utilities will call or, cause to be notified, the supervisor within a reasonable time prior to the start of their assigned shift. Failure of employees to comply with these procedures will not by itself result in sick leave disapproval which will take place only when evidence of the employee’s illness is insufficient under pertinent laws and regulations. If the supervisor or representative is not available, the caller will leave a telephone number where the employee can be reached in case it is necessary to discuss work in progress or the expected duration of the illness. The employee retains the responsibility for assuring that notification is made regardless of whether it is made personally. When an absence extends from one workweek to another, the employee must notify the supervisor, or the designated supervisor, on the first workday of each week until return to duty, unless under a doctor’s care for an extended period. The fact that notification occurs does not automatically constitute sick leave approval. Request for sick leave for medical, dental or optical examination or treatment shall be submitted for approval prior to the beginning of the leave. Supervisors may request additional information on which to make leave determinations. Failure to furnish the nature of the illness may not, by itself, serve as a basis for disapproval of the leave. Prior to taking disciplinary action, the supervisor will discuss the circumstances of the absence with the employee. The employee will be given an opportunity to consult with the Union representative.
Section 1203 Medical Certificates
Medical certificates will not be required except where there is substantial evidence to believe the employee is abusing sick leave regulations. Prior to taking disciplinary action, the supervisor will discuss the circumstances of the absence with the employee. The employee will be given an opportunity to consult with the Union representative. Medical certificates, when required, will specify when the employee may return to duty. When a supervisor suspects that an employee is abusing sick leave, the employee will be orally advised of the suspected abuse. The employee may request Union representation for the oral counseling. The fact that an oral counseling session has taken place will be documented with the signature of the supervisor and employee with a copy to the employee. At the conclusion of the oral counseling, the employee may be advised, in writing, of the requirement to submit a medical certificate signed by a physician, practitioner or designated medical representative for each subsequent absence for illness. Management shall accept the valid medical certificates that are signed or endorsed in any manner in which the physician deems appropriate. Medical certificates will not be required for holidays or days outside the employee's workweek. Employees who use sick leave for medical, dental or optical examinations will not be required to submit a medical certificate in the absence of evidence of past sick leave abuse.
Section 1204 Sent Home By The Dispensary
An employee sent home by the dispensary will be provided transportation by Management in those cases where the Medical Officer determines such transportation is necessary.
Section 1205 Advance Sick Leave
Management agrees to advance sick leave in accordance with applicable regulations and Center directives to career or career-conditional employees who are incapacitated for duty because of serious illness or disability, provided:
- The maximum advance will not exceed 240 hours;
- All annual leave, compensatory leave in excess of 80 hours and all accumulated sick leave must be exhausted;
- There is reasonable evidence substantiated by a statement from the Medical Officer 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;
- There are sufficient funds in the employee’s retirement account to repay the Center for the value of advance sick leave should the employee not be able to return to work. Employees not having a sufficient balance in the retirement account will be allowed to sign a statement acknowledging the debt and agreeing to pay if Government service is terminated.
- Sick leave will not be advanced to an employee known to be contemplating separation by retirement or resignation, or has evidenced a pattern of un-responsible leave usage in the past.
Section 1206 Temporary Restricted-Work
When an employee is assigned a temporary restricted-work classification, as determined by the Medical Officer, Management will give good faith 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, leave without pay or apply for injury compensation as provided by law.
Section 1207 Alcohol And Drug Addiction
Management recognizes alcoholism and drug addiction as treatable illnesses. Sick leave may be granted and/or advanced to an employee for the purpose of receiving treatment approved by Management for alcoholism and drug addiction, provided the employee is complying with treatment requirements. Management will publicize opportunities available to employees for rehabilitation and the Union agrees to assist Management in making employees aware of these opportunities and encouraging their use when appropriate.
Section 1208 Injured On The Job
Employees injured on the job will be eligible for continuation of pay in accordance with 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 may request to buy back leave used for that purpose, after approval by OWCP.
Section 1209 Right To Select A Physician
In job-related injury situations, employees will be informed prior to medical treatment or as soon as possible of their right to select a physician of their choice.
Section 1210 Verifying Sick Leave Use
In making visits to an employee’s home for the purpose of verifying sick leave use, a Union representative will be notified and be allowed to accompany the Management official making the visit.
Section 1301 Requests For Less Than 5 Days Annual Leave
All requests for less than 5 days annual leave desired for the following 30-day period will be submitted to the immediate supervisor or the supervisor’s designated representative prior to the date for which leave is requested and approved/disapproved by no later than 2 working days of submission of the request except that employees may request leave on the same day of its use. A review will be made of the reason for the request, workload during the period covered by the request and the employee’s leave record prior to making a decision on the request. Unless leave has been approved in this manner, it will be considered to be an emergency request. In these situations, the employee will contact the immediate supervisor or the supervisor’s designated representative as soon as possible, either within a reasonable amount of time before the start of the shift or within 2 hours after the start of the supervisor or employee’s work-shift, whichever is later, on the first workday of the absence. Approval may be granted only by the supervisor or designated representative. If a supervisor or representative is not available, information will be provided by the employee so that the employee may be contacted to discuss the emergency situation. If the supervisor or representative determines that a bona fide emergency exists, the leave will be approved. If the leave is disapproved, or the employee does not make contact in the manner described above, the employee may be placed in an absence-without-leave (AWOL) status. Failure to call in within the specified 2-hour limit will not by itself be a basis for denying leave. The reasons for failure to call in on a timely basis will be taken into consideration in the decision to approve all or a portion of the day as annual leave.
Section 1302 Vacations
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. Management agrees to schedule approved leave for vacation purposes of not less than 2 consecutive weeks for employees who earn 13 days annual leave per year, and not less than 3 consecutive weeks for employees who earn 20 days or more providing the leave is available and providing the employee’s request is submitted not later than the first of April. In scheduling such leave, the wishes of the employee will be given all due consideration. When Management finds it necessary to cancel previously approved leave of 2 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. Once an employee has agreed upon a vacation period, change will not be permitted if, by doing so, it would disturb the choice of another.
Section 1303 Forced Annual Leave
Management reserves the right in accordance with appropriate regulation to place an employee on annual leave whenever it is deemed expedient to do so for administrative reasons. Employees will be given the opportunity to take leave-without-pay in accordance with current regulations. When necessary to require an employee to use annual leave, Management agrees to give the maximum possible advance notice to the employees and the reason for the action. In such situations, Management will give first consideration to volunteers.
Section 1304 Permitted To Use All Annual Leave Earned Each Year
Except in the case of unforeseen or extraordinary workload, employees will be permitted to use all leave earned each year if the majority is scheduled prior to 1 April.
Section 1305 Employee’s Birthday
Management agrees to make every effort to allow the employee to have the shift off on annual leave on the employee’s birthday
Section 1306 Scheduling Of “Use-Or-Lose” Leave
Management agrees to consult with the employee as appropriate in the scheduling of “use-or-lose” leave
Section 1307 Advance Annual Leave
Advance annual leave may be granted in accordance with regulations. Advance annual leave in excess of 40 hours must be approved by the Commander or designated representative.
Section 1308 Maintenance Shutdown
If Management schedules a maintenance shutdown in accordance with applicable regulations, and NUWC Div. Keyport instructions, the following basic procedure will be followed:
- Prior to April 1, notice will be given by Management in the form of a Center notice indicating the period of reduction and procedures affecting leave policy and work schedules for employees assigned to perform work during the period of reduced operations;
- The draft of the Center notice will be forwarded to Center managers and employee organizations including the Union for comment;
- Employees may volunteer for work available for which they are qualified. Preference will be given to new employees who have not had the opportunity to accumulate leave and to those whose leave was used due to extended illness or illness/death within the immediate family;
- Management and the Union encourage employees in the judicious use of leave to allow sufficient leave available for use during this period; and
- Normally Management will approve requests for use of leave-without-pay if use of annual leave during this period would leave employees with fewer than 80-hours annual leave after the period of reduced operation for those earning 8 hours annual leave per pay period, fewer than 100 hours annual leave for those earning 6 hours, and fewer than 120 hours for those earning 4 hours. If the Center closure exceeds 32 hours, any additional hours, upon request of the employee, will be approved as leave without pay (LWOP).
ARTICLE 14 - ADMINISTRATIVE LEAVE
Section 1401 Unforeseen Disruption
When employees’ services are not needed for short periods of time because of conditions which cannot reasonably be foreseen by Management such as power or equipment failure, lack of material, weather conditions, transportation strikes, or acts of God, Management may direct the use of annual leave subject to the following conditions:
- In cases of interrupted or suspended operations due to unforeseen conditions, employees who cannot be assigned to other work will be required to use annual leave where 24 hours advance notice can be given. Employees may elect to use leave-without-pay in this circumstance;
- When such situations develop too late to give 24 hours advance notice, employees who cannot be assigned to other work will be required to use annual leave only if notice can be given before the end of their shift immediately preceding the one in which they are to be placed on leave. Such involuntary use of leave may not exceed 5 days in any leave year; and
- When neither 24 hours notice nor notice before the end of their immediately preceding shift is possible, employees who cannot be assigned to other duties shall be placed on Administrative Leave for not to exceed 8 hours and will then be placed on enforced annual leave for any subsequent continuous absence required beyond 8 hours, provided a 24-hour advance notice can be given.
Section 1402 Relocated From Other Areas
When government sponsored, employees who have relocated from other areas will, in addition to the relocation expenses provided for in applicable regulations, be permitted to use no more than 3 days of administrative leave for the purposes of receiving shipments of personal belongings and other necessary actions directly related to the relocation.
ARTICLE 15 - LEAVES OF ABSENCE
Section 1501 Union Business Or Training
Employees normally will be granted accrued annual leave or leave-without-pay to accept temporary positions with the Union or its affiliates or to attend conventions or meetings of the Union as defined in the Statute and subject to the needs of Management, provided that leave-without-pay shall not exceed 1 year.
Section 1502 Approved LWOP
Employees who are absent on approved leave-without-pay for periods of up to 1 year shall accrue all applicable rights and privileges in respect to coverage under the Federal Employees Group Life Insurance and Federal Employees Health Benefits Programs.
Section 1503 Bereavement
Leave for bereavement will be in accordance with the Family and Medical Leave Act.
Section 1504 Excused Time
An employee shall be allowed excused time, without charge to leave or loss of pay, subject to the workforce requirements of Management as hereinafter provided:
- An employee whose services have been requested for authorized emergency rescue and protective work not to exceed 40 hours per calendar year;
- Participation in examinations for promotion or interview for job opportunity during working hours when conducted by NUWC Management;
- Employees under RIF notice will be granted administrative leave for required interviews at other Federal activities within the commuting area;
- Employees who volunteer as blood donors (either to the blood bank or directly to individuals) shall be excused for this purpose. Such absences shall not exceed 4 hours and shall be certified, in writing, by the organization receiving blood;
- Management agrees to grant administrative leave to employees who are administrative 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 not to exceed 16 work days a year;
- All stewards and alternate stewards will be allowed one work day per year for stewards training. An additional work day of training will be allowed in years a new agreement is implemented. This regular training can accumulate up to a maximum of 2 days;
- The Union will be allowed to attend training sessions conducted by OPM and FLRA, Federal Mediation and Conciliation Service, etc., which are of mutual benefit to Management and the Union;
- The Union will be allowed training time for one steward who will go to safety training which is mutually determined by the safety officer and the steward involved, as beneficial to the mission of this Center; and
- An employee who is tardy for less than an hour at the beginning of the assigned shift may be excused at the discretion of the immediate supervisor or the supervisor’s designated representative. Such tardiness, if repetitive for any one employee, will be subject to investigation and/or administrative action. Such excuses do not apply to overtime work performed outside the basic workweek.
Section 1505 Registering For Military Selective Service Act
Employees shall be excused from duty without charge to leave or loss of pay for a reasonable amount of time in order to register under the Military Selective Service Act. Registration shall be at the nearest post office.
Section 1506 Agency-Ordered Fitness-For-Duty Examinations
Allowed time will be granted both to employees traveling to Federal medical facilities and to employees traveling to offices of selected private physicians for their agency-ordered fitness-for-duty examinations.
Section 1507 Family And Medical Leave Act
Consistent with the provisions of subpart L of CFR 630 (Family and Medical Leave Act), permanent employees who have completed at least twelve (12) months of civil service with the Federal government may use up to twelve (12) administrative workweeks of unpaid leave during a twelve (12) month period for one or more of the following reasons, subject to administratively acceptable evidence:
- Birth of and care of a newborn within one year of birth;
- Placement of a child with the employee for adoption or foster care within one year after placement;
- Care of spouse, son, daughter, or parent with a serious health condition;
- Serious health condition of the employee that makes the employee unable to perform the essential functions of their position.
Leave applicants shall submit the Request for Family and Medical Leave Act form provided by Management.
Section 1601 Unofficial Bulletin Boards
Management 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.
Section 1602 Keynotes
Management agrees to provide space on a “space-available” basis in Keynotes for news submitted by the Union provided:
- Such items meet the criteria of applicable regulations;
- Such items that are considered objectionable to Management or other organizations shall be discussed with the Union;
- Such items must be submitted at least 7 days prior to the publishing date; and
- After consultation with the Union, Management reserves the right to edit such matters with regard to style and composition without changing the basic intent of article. Approval or disapproval of such items will be made promptly after submission by the Union.
Section 1603 Union Surveys And Polls
With the concurrence of Management it is agreed that the Union will be permitted to use official time to distribute employee surveys and polls during working hours provided that such surveys or polls are directly related to conditions of employment.
Section 1604 Union News Bulletin
The Union shall have the right to distribute, within this Center, a Union news bulletin to all employees subject to the provisions of this Agreement. Such bulletins will not be distributed inside any gates during peak traffic hours.
Section 1605 Use Of Defamatory Or Scurrilous Statements
The Union and Management mutually denounce the use of defamatory or scurrilous statements by members of either party as being contrary to the principle of a good Union/Management relationship, and further agree that they will not condone any such activity through failure to take affirmative action to prevent or stop it.
Section 1606 Changes In Parking
Management agrees to inform employees as soon as possible through the Plans of the Week, the Keynotes or other activity media, of any impending changes in parking due to any parking areas that are reserved for visitors or parking areas closed due to this Center’s work requirements.
Section 1607 Computer Resources
Management agrees to provide the computer resources required to support a BMTC web page and Internet access.
Section 1701 Promoted Based On The Needs Of Management
Employees will be promoted based on the needs of Management and on the basis of merit without regard to race, color, religion, sex, marital status, national origin, age, mental or physical handicap, political affiliation or membership or non-membership in employee organizations. The overall objective of the merit-staffing program is to assure the selection of the best-qualified persons to fill vacancies, provide employees with an opportunity to receive fair and equal consideration for all positions, ensure equal consideration for advancement and development of minority groups and women, provide satisfying career opportunities and retention of capable employees and provide incentive for employees to improve their performance and to develop their abilities, skills and knowledge.
Section 1702 Internal Recruitment
Management will use internal recruitment when appropriate for filling vacancies or making assignments. The area of consideration for merit promotion vacancy announcements may be restricted to the department or division in which the position is located. Management will accept applications and consider all appointable Department of the Navy employees within the specified area of consideration who apply. Other categories of applicants which will be considered are given in the Center Merit Promotion Instruction. The area of consideration may be extended if Management anticipates that there will be insufficient qualified candidates for a vacancy. Filling of vacant positions may be made under the merit staffing program or by other appropriate recruitment processes (e.g., OPM register, transfer, reassignment, reinstatement, DOD Program for the Stability of Civilian Employment).
Section 1703 Merit Promotion Announcements
Except as provided in this article, candidates eligible for noncompetitive selection may be referred to the selecting official at any time. 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 Center 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. Vacancy announcements will list what qualifications are required, the area of consideration, the duties to be performed, the evaluation factors to be used, and what candidates must do to apply. Announcements and listing will be posted on official bulletin boards and on the Keyport Web site.
Section 1704 Selections
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Permanent selections from lists shall be made from among the best qualified candidates. Candidates will be evaluated on the basis of knowledge, skills and abilities (KSAs) necessary to perform the duties of the position. If used, each KSA identified will be rated on a point scale by those assigned the task of rating applicants. The rater(s) may consider job-relevant elements in conjunction with supervisory and/or performance appraisals, awards, training, achievements, and interview (if conducted), arrive at a judgment of a point value for each listed KSA and assign a point value to that element as defined in the crediting plan. Further information is available in applicable NUWC Keyport Instructions. The selecting official for wage grade positions will be provided a list of applicants who have been rated and ranked. If lists from which more than one selection can be made and which have a pre-specified time span, i.e., 6 months or 1 year are used, only names of applicants who are within 10 points of the top applicant should be selected.
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Selection from General Schedule Vacancy Announcements shall be made from among the best qualified candidates. The raters may consider job relevant elements in conjunction with supervisory appraisals, awards, training, achievements, and interview (if conducted), to arrive at a judgment of a point of value for each listed knowledge, skill, ability and personal characteristic (KSAP). Further information is available from applicable NUWC Keyport Instructions. Permanent selections shall be made from among the best-qualified candidates. Candidates will be evaluated on the basis of knowledge, skill and abilities (KSAPs) necessary to perform the duties of the position. If used, each KSAP identified will be rated on a point scale by those assigned the task of rating applicants. The rater(s) may consider job-relevant elements in conjunction with supervisory appraisals, awards, training, achievements and interview (if conducted), arrive at a judgment of a point value for each listed KSAP and assign a point value to that element as defined in the crediting plan. Further information is available in applicable NUWC Instructions.
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Management Identification of Candidates (MIC) may be used in lieu of merit promotion vacancy announcements to make promotions. MIC will follow the process as described below:
a. The minimum area of consideration for candidate identification will be the organizational unit in which the position exists.
b. Prior to initiating a promotion action under this policy, Management will inform the employees in the applicable area of consideration of the contemplated promotion.
c. The MIC process will be explained to each competing employee via Management memo which has been previously reviewed by the Union.
d. If the action is a temporary promotion, it will be stated on the Management memo along with the reason(s) for the temporary nature of the action.
e. Management will inform the employees in the applicable area of consideration when a selection has been made.
f. Management will forward the Standard Form 52, minus the effective date to HRO.
g. The name of the selectee will be announced after appropriate administrative approval has been obtained from Management, EEO, HRO, and HRSC-NW (PPP clearance/classification review).
h. Effective dates of promotions will be as soon as possible after Management announcement of the names of the selectees.
i. The section 1707 provision to allow a delay in selection when requested by the Chairperson or Chief Steward applies to this promotion policy.
Section 1705 Temporary Assignments
Qualified employees will be given temporary assignments in accordance with federal personnel regulations and the following:
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When an employee is assigned to a higher graded supervisory position for 2 or more workweeks, a temporary promotion will be made;
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Details to different positions at the same or lower grade level for periods of 30 to 120 days will be made by detail papers;
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When an eligible employee is officially assigned to or permitted by the supervisor to perform in a clearly defined non-supervisory higher level position for more than 10 working days, a temporary promotion will be made. This does not apply to assignment of personnel on formal training programs. In situations where back pay is determined to be warranted under this subsection, the regulatory time limits regarding temporary promotions, for which competitive procedures are normally required, do not apply; and
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There will be no temporary promotion of more than 120 days within a 12-month period unless selection is from a merit promotion list or certificate. Prior service under all competitive as well as non-competitive temporary promotions and details to higher graded positions count toward this limitation.
Section 1706 Evaluation Of Candidates
The evaluation of candidates for announced positions within the unit may be done by Human Resource representatives, subject matter experts, selecting officials, or a rating panel and shall be based on the candidates submitted application and any supplemental information as identified in the merit promotion announcement. If required, the Official Personnel Folder (OPF) and a personal interview may be utilized. Should questions arise regarding any information considered in relation to a candidate’s experience or training, the candidate and/or the candidate’s supervisor may be subject to appear before the selecting official or the panel, if used, for the purpose of clarifying the issue. The annual performance appraisal, in and of itself, shall not be used to qualify or disqualify a candidate but shall be judged in conjunction with other pertinent available information regarding the applicant’s qualification for advancement.
Section 1707 Ranking Of An Applicant
In the event questions concerning the ranking of an applicant cannot be answered to their satisfaction by a representative of the Human Resources Office, the applicant may request in writing a review of the rating of qualification. The individuals who initially ranked the application shall conduct the review. The applicant may, upon request, have the steward present during the review. Prior to changing the result reached by a ranking official, the Human Resources Office will consult with the individual(s). Grievances resulting from ratings and lists used in filling multiple vacancy jobs, will result in a suspension of selection from the list pending completion of the first formal step of the grievance procedure only if the grievant’s score is not within reach for selection or referred as best qualified. A grievance relating to an announcement intended to fill one-of-a-kind jobs will result in a suspension of competitive selection from that announcement, pending completion of the grievance procedure, through the second step if necessary only if the grievant is not among the best qualified. The Chair of the Conference Committee or the Chief Stewards have the right to request a delay of selection. In the case of urgent need for the services of an incumbent in the position in question, Management may make temporary promotions pending the resolution of the complaint. Failure to be selected for promotion when proper procedures are used, that is non-selection from a group of properly ranked and certified candidates, is not a basis for formal complaint except where permitted under FLRA case law.
Section 1708 Basic Information Will Be Available, Upon Request
When a merit promotion certificate/list or a MIC is established, basic information will be available, upon request, to applicants within four days of final selection. Information will include basic eligibility, the individual’s name, scores, and the score of all other applicants (when applicable). Names of other applicants will not be provided.
Section 1709 Loans, Details, Reassignments And Temporary Promotions
Loans, details, reassignments and temporary promotions will be made in accordance with 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 OPM regulations.
Section 1710 Lists
Although Management may renew lists at any time, it is agreed that all lists will be renewed before selecting from them if they have been in existence for over 1 year or have expired. Management also agrees to renew all frequently used first-line supervisor lists promptly after their expiration.
Section 1711 Revisions Or Amendments
Management agrees to consult with the Union on any revisions or amendments to the NUWC Merit Promotion Plan which affect employees of the unit.
Section 1712 Delayed Application
An employee on approved leave or official travel during the entire period of an announcement may file a delayed application within 5 working days after returning. Such an employee must meet the same qualification requirements as other applicants. However, certificates or lists which have already been issued to the selecting official will not be changed.
Section 1713 Modified Vacancy Announcement
A vacancy announcement may not be modified after the announcement has been distributed unless an inappropriate announcement has been released. Modified announcements will be in accordance with Section 1702 of this Article and all employees eligible under the modified announcement shall be considered for promotion. Minor corrections not having an impact on the submission of applications by employees are exempted from this requirement.
Section 1714 Job-Grading Standards
Application of new qualification, classification, and job-grading standards will be in accordance with applicable current directives.
ARTICLE 18 - REDUCTION IN FORCE AND PERSONNEL MOVEMENTS
Section 1801 Pending Reduction-In-Force
Management 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.
Section 1802 Continuing Positions
In the event of a reduction in force, existing vacancies will be utilized to the maximum extent possible to place 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.
Section 1803 Reassign Employees
It is agreed that Management, to the extent consistent with this Center’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 Management 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 Management. Any employee demoted without personal cause will be advised in writing of the employee’s entitlement to special consideration for re-promotion.
Section 1804 Right To Review Retention Registers
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.
Section 1805 Re-Promotion
Although not guaranteed re-promotion, an employee entitled to special consideration for re-promotion must be considered when a vacancy occurs in a position at the former grade level (or any intervening grade level) for which the employee is qualified.
Section 1806 Temporary-Duty Assignments
It is Management’s policy to assign employees to temporary-duty assignments according to Management’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.
Section 1807 Examine Retraining Programs
Management 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.
ARTICLE 19 - DISCIPLINARY ACTIONS
Section 1901 Just Cause
Disciplinary action will be taken only for just cause. Prior to taking disciplinary action, supervisors may consider whether the problem is one which might be appropriately addressed through Alternative Dispute Resolution (ADR). ADR would involve bringing in a third party (union, management or both union and management) for discussions in an attempt to resolve issue(s). In cases of proposed disciplinary actions, the employee will normally be given the opportunity to reply within 5 working days to the charges orally and/or in writing using the assistance of a union representative, an attorney or an appropriate person willing to act as the employee's representative. In cases where management believes special circumstances warrant less than 5 working days to reply to the proposed disciplinary action, management may reduce the reply period to a lesser period within the limits provided in the Code of Federal Regulations by notifying the Union in writing of its reasons for reducing the time to reply. It is expected that instances of reducing reply time will be used sparingly. After formal action is taken, if the employee alleges that the charges were untrue, the facts misrepresented, or the penalty too severe, the employee may grieve/appeal the decision in accordance with this agreement.
Section 1902 Disciplinary Action Categories
Disciplinary actions are included in one of the following categories:
- Appealable/grievable adverse actions — Removals, suspensions for more than 14 days, and reductions in grade or pay. Furloughs for less than 30 days are also included in this category, but are non-disciplinary in nature;
- Grievable adverse actions — Suspensions of 14 days or less and letters of reprimand; and
- Other actions — Oral admonishments are not grievable. Letters of caution or requirement are grievable in accordance with the provisions of the negotiated grievance procedure. An employee may request and will be granted the right to have Union representation present when letters of caution, requirement or admonishment are issued.
Section 1903 Preliminary Investigations And Discussions
Prior to making a determination as to whether disciplinary action is warranted, the immediate supervisor may undertake preliminary investigations and discussions with the employees concerned without the presence of a Union representative. However, Management should inform the employees that they have the right to Union representation if they reasonably believe that disciplinary action may result. When the supervisors are believed to be involved in the matter being investigated, the investigation will be conducted at the lowest practicable supervisory level. When Management determines that the best interests of the employees involved will be served by having an independent investigation, it may be conducted by an individual who is not in the normal supervisory chain. The Union will be advised as soon as possible when such investigations are undertaken. When the employee is advised orally or in writing that a notice of disciplinary action will be given, the employee is entitled to Union representation at all subsequent investigations or discussions regarding disciplinary actions at which the employee is in attendance, subject to the employee’s approval. Management will provide upon request and if not prohibited by law the designated union representative with copies of any information relied on by the agency in proposing disciplinary and adverse actions against unit employees, as well as copies of notices of proposed action and copies of the decisions. Management will acquaint the employees with their right of representation before questioning in these latter instances.
Section 1904 Written, Formal Disciplinary Action
In all cases of written, formal disciplinary action taken by Management against any employee covered by this Agreement, the Union shall be notified of the action taken by Management as soon as possible after the employee is notified unless the employee certifies in writing that the Union shall not be notified, or provided documentation.
Section 1905 During An Investigation
If at any time during an investigation an employee believes that questions regarding personal legal rights arise, the interview will be suspended for a period of up to 2 working days to permit the employee to seek private legal counsel. An extension of the suspension will be granted for good cause shown. Upon the advice of such counsel, the employee may have an attorney of choice present in addition to the Union representative.
Section 1906 Grievable And Appealable Disciplinary Actions
Grievable and Appealable disciplinary actions may be processed under this Agreement. Employees will be advised of this right in writing when disciplinary action is taken. If an employee elects to contest the imposition of a non-emergency disciplinary action, the Union may request that the action not be imposed until the employee has exhausted grievance rights set forth in Article Twenty through step two. Extensions will not be requested solely for the purpose of delaying the action.
Section 1907 Reasonable Period Of Time
Disciplinary action by Management will be taken against any employee within a reasonable period of time.
Section 1908 Summary Of Discipline And Adverse Actions
The union will be furnished with a summary of discipline and adverse actions taken against unit members on an annual basis.
ARTICLE 20 - GRIEVANCE PROCEDURE AND ARBITRATION
Section 2001 Language
The parties agree that the following language and definitions constitute the negotiated grievance and arbitration procedures applicable to this Agreement.
Section 2002 Definition Of A Grievance
‘Grievance’ means any complaint:
- By any employee concerning any matter relating to the employment of the employee;
- By any labor organization concerning any matter relating to the employment of any employee; or
- By any employee, labor organization, or agency, concerning the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or any claimed violation, misinterpretation, or misapplication of any law, rule or regulations affecting conditions of employment.
Section 2003 Fair And Equitable
Management 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 Management and the Union agree to work toward this end. This procedure is the exclusive procedure available for the settlement of all grievances over the interpretation and application of this Agreement and any claimed violation, misinterpretation, and misapplication of any law, rule or regulation affecting conditions of employment, including questions of arbitrability, except for the following:
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Any claimed violation of the Statute relating to prohibited political activities;
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Retirement, life or health insurance;
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Suspension or removal for national security reasons;
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Any examination, certification or appointment;
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Position classification;
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Appeals from adverse actions, as defined in Section 1901a, taken in accordance with OPM and Navy regulations may be filed with the Merit Systems Protection Board or processed through the negotiated grievance procedure, at the employee’s option. An employee shall be deemed to have decided on the appeal route at such time as the employee files a notice of appeal with the Merit Systems Protection Board or files a grievance in writing in accordance with this grievance procedure, whichever occurs first. Equal Employment Opportunity complaints may be processed under this procedure, after the counseling stage has been completed, if the employee elects to do so in lieu of filing a formal complaint under the agency procedure;
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Removal of probationary employees is not grievable under this procedure;
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Non-selection from a group of properly ranked and certified candidates;and
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Reduction-in-force actions shall not be grievable under this procedure.
Section 2004 Invalid Or Without Merit
Management recognizes the right of the Union to decline to represent an employee when the Union considers a grievance to be invalid or without merit.
Section 2005 Who May Grieve
Any employee or group of employees, the Union or Management may utilize the provisions of the negotiated grievance procedure.
Section 2006 Time Limit 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 the employee became aware of the matter. Grievances not meeting the 15-day time limit may be rejected on timeliness after due consideration has been given to the reasons the time limit was not met. The reasons for rejection will be in writing. These time limits shall also apply to Union- and Management-initiated grievances.
Section 2007 When There Is More Than One Grievant
The Union and Management 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. Management 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.
Section 2008 Before Filing A Grievance
The employee must decide whether to have representation in the processing of a grievance or representation under Alternate Dispute Resolution. Under the negotiated grievance procedure specified herein, an employee may present a grievance and have it adjusted by Management 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, the Union steward in the affected employee’s work area should be contacted to make appropriate arrangements. After a grievance has been initiated, all contacts with the grievant concerning the grievance will be made through the area steward unless the employee has declined Union representation.
Section 2009 Negotiated Grievance Procedure
The following procedure is provided to ensure that all parties receive prompt and fair consideration of grievances.
- Informal step — An employee shall take up the grievance informally with the immediate supervisor or the Management official at the lowest level who has authority to resolve the grievance. This supervisor will meet with the employee and, if the employee chooses, the Union steward in an attempt to resolve the grievance. The parties will make every effort to resolve the grievance at this level, including, where appropriate, consideration of various alternative actions acceptable to the parties. Employees may also choose to utilize a dispute resolution trained Union Steward assigned by the Chief Steward to assist in attempting to mediate a resolution between the parties. If the grievance cannot be resolved at this level, the Union will reduce the grievance to writing and the supervisor will provide a written response, which will contain a detailed explanation of the reasons for denying the grievance, within 5 working days of receipt of the written grievance. The Union and Management anticipate that most grievances will be resolved at this level. All written responses shall be sent to both the Union and the Employee.
- Formal Steps
Step 1 — If no satisfactory settlement is reached at the informal step, the employee shall reduce the grievance to writing on the appropriate grievance form. The form should be submitted to the second-line supervisor, via the immediate supervisor, within 5 working days of the supervisor’s written informal decision. The written grievance must contain the details of the complaint, corrective action desired by the employee, the identity of the immediate supervisor, the date of the informal discussion and the date of the informal decision. The completed grievance form will be accompanied by the immediate supervisor’s written response.
The second-line supervisor 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 assigned Union Steward, within 5 working days. The written decision will provide the relevant responses to each major point set forth at the discussion or investigation.
Step 2 – If the grievance is not resolved in Step (B.) 1, the Union may advance it within 7 working days to the cognizant department head. The department head will review the grievance and the response provided by the immediate and second-line supervisors. In cases where there is no second-line supervisor below the department head level steps 1 and 2 may be combined. The department head will take one of the following actions within 10 workdays of the receipt of the grievance:
1) Grant the relief requested by the employee, or
2) Notify the Union that he or she has directed the first-line supervisor to resolve the grievance within 5 working days, or
3) Meet with the employee, the steward, and the Chief Steward in an attempt to resolve the grievance, or
4) Convene a panel, with the assistance of HRO (two panel members, one appointed by the Union and the other another Management official from a different department), to join the department head in meeting with the employee, steward, and Chief Steward to hear the employee’s case. As part of the adjudication process, the panel members may ask to question other witnesses or review other evidence. When this option is used, the three panel members will attempt to reach consensus on how to best resolve the grievance. If they are not able to do so, the department head retains the responsibility for making the decision at this level.
If option 1 is elected, the department head will provide written notification within 10 working days that the requested relief has been granted.
If option 2 is utilized, the department head will provide a written response concerning the action taken by the first line supervisor within 10 working days of the date the grievance was referred back for resolution.
If options 3 or 4 are used, the department head will provide a written response within 10 working days of meeting with the employee.
If option 4 is used, decisions will note whether the decision is a consensus of the panel or is the decision of the department head. Responses will provide relevant information about each major point set forth in the grievance or presented orally.
Step 3 — If satisfactory settlement has not been reached at the previous step, the employee may within 15 working days, submit it to the Commander via Management and Employee Services, Human Resources Office for resolution. The Commander, or his designated Division Keyport representative, shall meet within 15 working days after receipt of the employee’s request with the employee, the steward previously involved and a Union officer in an attempt to reach a satisfactory settlement. Management representatives will also be present for these meetings. A written decision from the Commander will be supplied within 15 working days of this discussion. The written decision will provide relevant responses to each major point set forth by the parties at the hearing. The original will be returned to the Union with a copy to the employee. If this decision is not satisfactory to the employee, it may be advanced to arbitration. - The original grievance form will be returned to the Union at the end of each step of the grievance procedure.
Section 2010 Non-Employee Grievances
Non-employee grievances initiated by the Union or Management will be submitted informally as follows:
Union grievances — to the appropriate division or department head (the lowest of these two levels having authority to resolve the grievance).
Management grievances — to the Chair of the Conference Committee (or, in the absence of that official, the chief steward having jurisdiction).
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 Commander or the President of the Union, as appropriate. Within 15 working days, the Commander or representative will meet with the President of the Union 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.
Section 2011 Special Considerations
Grievances that pertain to environmental pay determinations that are not resolved by the immediate supervisor at the informal step shall be filed at Step 1 above with the Head of the Human Resources Office. Those, which pertain to grievable merit-promotion matters, shall be filed at Step 1 with the Head, Human Resources Office. Questions concerning the ranking of an applicant should be addressed by the method described in this Agreement.
Section 2012 Witnesses And Other Evidence
At each step of the grievance procedure, the Union and Management may call employee witnesses who shall suffer no loss of pay for such service. Management and the Union reserve the right to question the relevance of witnesses to the matter being discussed. It is the intent of both parties to limit the number of witnesses to that necessary for presentation of the case. The parties shall, upon request of the other party, permit inspection of pertinent records insofar as permissible without violating laws, regulations or policy, for the purpose of substantiating the contentions or claims of the parties. Reasonable requests for copies of materials judged pertinent to grievances will be honored by the other party where permitted. Such copies will be provided without charge.
Section 2013 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, either party will grant requests for extensions for specific periods of time. Brief, inadvertent delays in processing will not result in cancellation of a grievance. Failure of Management to meet the time limits of any step of the grievance procedure will permit the Union to forward the grievance to the next step.
Section 2014 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 Management and the Union fail to settle any grievance processed in accordance with 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 30 calendar days following the conclusion of the last step of the grievance procedure. An extension of time, not to exceed 6 months, will be granted upon the request of either party. Only the Union may invoke arbitration on an employee grievance. The party initiating the grievance may invoke arbitration concerning a Management or Union-initiated grievance. The arbitration hearing will be held during regular dayshift working hours of the basic workweek.
Section 2015 Selection Of An Arbitrator
Within 30 working days from the date of receipt of the arbitration request, the parties shall meet 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 meet within 5 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.
Section 2016 Payment Of The Arbitrator
The fees and expenses of the arbitrator, and other costs of arbitration, shall be borne equally by the Union and Management.
Section 2017 Witnesses
A reasonable number of witnesses may be called to the arbitration hearing by either party. Center employees who are representatives, appellants and witnesses shall suffer no loss of pay while participating in the arbitration hearing.
Section 2018 Limit To Arbitrator’s Authority
The arbitrator shall not change, modify, alter, delete or add to the provisions of this Agreement.
Section 2019 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 60 calendar days after the conclusion of the hearing, unless the parties mutually agree to extend the time limit.
Section 2020 Good Faith
It is agreed that the use of any of the provisions of this Article in good faith by Management, the Union or employees should not cast any reflection on any of the above and their relationship to each other, nor, in the case of employees, on their loyalty and desirability to this Center.
ARTICLE 21 - DEVELOPMENT AND REVIEW OF JOB DESCRIPTIONS AND RATINGS
Section 2101 Job Description Inequities
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 or a person of their choice 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 area steward present during the audit.
Section 2102 Change To A Lower Pay Rate
It is agreed that Management 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.
Section 2103 Accuracy Of Position Or Job Description
The Union may make presentations and present supporting evidence to Management regarding the accuracy of position or job descriptions.
Section 2104 Position Or Job Description Of Record
The position or job description of record shall reflect the duties and responsibilities assigned to employees. Incidentally assigned duties, which become regular and recurring will be reflected in either a rewritten or amended position or job description
Section 2105 Assignments Made Within Reasonable Bounds
Consistent with the management right to assign work to employees and to determine methods and means of performing work, employees can typically expect assignments to be made within reasonable bounds, consistent with grade level, position description and performance. Management will make every reasonable effort to insure that work normally assigned to bargaining unit employees is performed by properly qualified bargaining unit employees.
Section 2106 Annually Review Of Position Or Job Description
Management will annually review each employee’s position or job description with the employee and inform the employee of the opportunity to propose substantial changes that will more accurately reflect work assignments.
Section 2201 Contrary To Trade Lines
When, because of workload or other reasons, Management proposes to issue significant job-order assignments contrary to trade lines previously accepted in the Center, the Union will be advised of the intended action and given an opportunity to express its view to Management.
Section 2202 Dispute Over Cognizance Between Employee Crafts
It is agreed that in the event of a dispute over cognizance between employee crafts within the unit, the Union will make every effort within its power to bring the disputing crafts together, will provide them with all possible assistance and will prevail upon them to reach an agreement that is equitable to all concerned. In the process, the Union agrees to consider Management’s position if requested by Management. The Union will communicate to Management any agreement reached by the disputants and Management may consider the Union’s position in the assignment of work. Nothing in the foregoing shall act to restrict the accomplishment of work pending resolution of any dispute or to restrict Management in its right to assign work.
ARTICLE 23 - TRAINING FOR NEW JOB RATINGS
Section 2301 Maximum Feasible Number Of Opportunities
It is mutually agreed that the Training Program is of vital interest to Management and the Union. Management will make efforts to use employees' skills to the fullest extent and to provide the maximum feasible number of opportunities for employees to improve their skills through any of a variety of training sources. Management will continue to support the training and career development of employees in the unit. When funding and schedules allow, employees will receive training oriented toward their current assignments, which will provide them with the job-related skills and the knowledge necessary to efficiently perform their job tasks and control critical processes. Management will attempt to provide employees with maximum opportunity to improve their capabilities and further their career development in their respective occupational and career fields through a variety of programmed training and educational resources, cross training and special projects. As funding and scheduling allows, Management will consider training employees to increase their professional expertise. Specific training needs will be based on organizational goals and objectives and each employee’s functional or task-related training needs. Requirements for additional training will be periodically assessed. Management will identify formal training requirements and necessary on-the-job training for personnel certification and maintain records of accomplished training. Management will maintain information on training resources with notification provided to employees on financial assistance available for job related training.
Section 2302 Individual Development Plans
Individual training needs will be determined annually. Individual Development Plans (IDPs) will be prepared for each permanent employee assigned to the activity using a locally developed form or an equivalent automated instrument. The IDP will be prepared jointly by the employee and the supervisor. Developmental activities cited on the IDP will serve as a basis for training needs identification and future career planning. Employee needs are to be based on:
- Competency or performance deficiencies associated with the execution of official duties in the current position;
- Knowledge, skills and abilities that are part of individual and formal career progression programs (that lead to specified target positions or occupations);
- New competency requirements in the present position brought about by changes in organizational structure, policy, mission, technology or equipment;
- Retraining requirements of activity employees because of skill imbalances.
Section 2303 Training In The Employee’s IDP
Subject to the availability of funds and schedules, Management shall make a concerted effort to provide the training in the employee’s IDP when such training is related to the employee’s official duties. Management will be responsible for providing counseling and for scheduling training. Failure to accomplish the training in the IDP through no fault of the employee will not be held against the employee.
Section 2304 Employee Participation
Management will create and foster an environment that promotes employee participation in all training and educational opportunities. Particular emphasis shall be placed on training designed to improve and broaden current job knowledge, skills, and abilities.
Section 2305 Employees May Grieve
Employees may grieve what they feel is arbitrary assignment of training requirements (i.e.: Acquisition Workforce, schools, certifications, etc.).
Section 2306 Management Shall Provide
Management shall provide on-the-clock time, travel expenses, tuition and other associated fees for required training in the current position. This includes travel expenses associated with Management approved career counseling.
Section 2307 Special Tour Of Duty
Where optional training is available only during duty hours at an area institution, employees may request a special tour of duty to allow class participation.
Section 2308 Adverse Affect
When advance knowledge of the impact of pending changes in function, organization, and/or mission is available, Management shall plan for the maximum placement of employees likely to be adversely affected. Except in RIF situations, and as funding and work load allow management will provide training to any unit employee whose position is adversely affected by reorganization or changes in mission, budget, or technology in order to assist in the placement of the employee. Management shall provide those employees with on-the-job training as needed and available.
Section 2309 Eligible For Retirement
Employees eligible for retirement, or eligible to retire within ten (10) years, may request to participate in a local seminar, workshop, conference or training session designed to address the many facets of retirement. Management will allow one opportunity to attend this training subject to scheduling availability and funding.
Section 2310 Mandatory Training
Management agrees to provide the Union with written notification at least 30 calendar days, when possible, before designating a course and/or program as mandatory for bargaining unit employees/positions.
Section 2311 Higher Level Development
When an employee applies for higher level development and/or enhancement programs and is not selected the employee will be notified in writing of the reasons for non-selection.
ARTICLE 24 - SAFETY AND HEALTH
Section 2401 Safe Working Conditions
Management 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 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 Management.
Section 2402 Improving Safety
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. Management will consider, from any individual employees or from the Union, suggestions which offer practical and feasible ways of improving safety conditions. Management recognizes the right of employees under pertinent regulations to decline to perform assignments the employee reasonably believes poses an imminent risk of death or serious bodily harm and where there is insufficient time to seek relief through normal hazard abatement procedures.
Section 2403 Unsafe Practices
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 Center interest, the Union may present the problem to the Occupational Safety and Health Policy Committee, or bring the matter to the attention of appropriate higher level supervision and mutual consideration by Management and the Union.
Section 2404 Ambulance Service
Prompt ambulance service and first aid to injured employees will be provided on all shifts.
Section 2405 Accidents
The Union and Management 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.
Section 2406 Reporting Of All Injuries
Management 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. Management will inform injured employees of their rights under the Federal Employees Compensation Act. Transportation considerations or time of day are not considered sufficient reason for failure to report injuries promptly.
Section 2407 Disabling Work Injury, Or Hazardous Material Contamination
When it becomes known that an accident involving unit employees has resulted in a disabling work injury, or hazardous material contamination, the Center Safety Office will notify the BMTC Office promptly of the circumstances. A copy of these accident reports will be provided upon request to the Union.
Section 2408 Periodic Physical Examinations
Management will provide periodic physical examinations and maintain records for employees who are exposed to environments, which are potentially hazardous to their health, as required by the Medical Officer and applicable regulations. When the Union feels the physical examination requirements are not being adhered to, they may petition the Medical Officer in writing to expand the physicals to consider additional hazardous materials.
Section 2409 Weekly Safety Meetings
The immediate supervisor will hold weekly meetings during which safety and matters of mutual concern will be discussed. All available employees in each supervisor’s group will attend. Management 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.
Section 2410 Emergency Telephone Numbers
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.
Section 2411 New Hazardous Materials Or Processes
Management agrees to consult with the Union when new materials or processes considered hazardous are used on this Center in areas where unit employees work, consistent with security requirements. Material Safety Data Sheets will be provided upon request.
Section 2412 Protective Clothing And Safety Equipment
Management agrees to furnish protective clothing and safety equipment at no expense to the employee, whenever it is required by Management for safety, technical or industrial health reasons. Management 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 this election, 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 Management, at or above the department head level, on the use of protective clothing and safety equipment. Management shall make a continual effort to provide improved 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 Management 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.
Section 2413 Working Alone
Management, when assigning an employee to work alone in a building, will follow the procedure set forth in the Center Safety Manual and will also make every effort to provide work for two employees, if possible.
Section 2414 Smoking In Specified Areas
The Center policy is to allow smoking only in specified areas. Smokers will be provided a sheltered outdoor area in which to smoke during designated break period.
ARTICLE 25 - ENVIRONMENTAL DIFFERENTIALS
Section 2501 Minimize Hazards
It is Management’s policy to eliminate or minimize hazards, physical hardships and working conditions of an unusual nature. When such situations cannot be overcome or practically eliminated, appropriate environmental or hazard differentials will be paid to the employees exposed to such situations as provided in OPM and other applicable regulations.
Section 2502 Paid Environmental Differentials
Members of the unit will be paid environmental differentials, (Federal Wage System) or hazard pay (General Schedule) when warranted, in accordance with the Center’s instructions on differentials. In addition to supervisors’ ongoing responsibility to review work processes for safety and health considerations, an annual review will be conducted in work areas where hazards have been determined to exist. The Union will be invited to participate in this review.
Section 2503 Additional Pay
Immediate supervisors will notify employees promptly when additional pay is provided for in accordance with the categories of environmental differentials defined in OPM regulations.
Section 2504 Employee’s Basic Rate Of Pay
Environmental differentials/hazards, are included as part of the employee’s basic rate of pay as provided by Center instructions and pertinent regulations.
Section 2505 Exceptions To Hazard Pay
Environmental differential or hazard pay shall not be paid to any employee for work:
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not described under Work Situations Approved for Payment in the Federal Pay Manual; or otherwise approved in writing by the Human Resources Director on an interim basis; or
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not officially assigned to the employee, that is, an employee may not voluntarily undertake work or exposure for which a differential is payable without proper authorization either expressed or implied. Environmental differential or hazard pay shall not be paid to an employee for any day on which the employee was not actually exposed to a work situation for which the differential is payable, e.g., during days of leave with pay, holidays not worked, administrative excusals from work or temporary assignments to duty for which an environmental differential or hazard pay is not payable.
Section 2506 Protective Clothing And Devices
Coveralls and/or other protective clothing and devices will be provided for and worn by employees of the unit performing painting or associated work under the following conditions to protect them from highly toxic materials:
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When painting the bottom of boats on the marine railway.
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When spray painting fabricated structures or equipment too large to be contained in a paint booth and/or when excessive over spray cannot be controlled by proper operator technique or equipment.
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When cleaning paint-stripping tanks or water reservoirs associated with water-wash paint booths.
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When spray painting in confined areas aboard range water craft.
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When spray painting where adequate ventilation or spray booths do not properly contain or disperse highly toxic paint particles.
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When removing paint with chemical paint strippers when such operations are assigned as regular and recurring functions for the majority of the shift incidental to preparing surfaces for painting.
Section 2507 Management Agrees To Negotiate
Management agrees to negotiate, upon request, whether new work situations warrant payment of environmental/hazard differential.
ARTICLE 26 - CIVIC RESPONSIBILITIES
Section 2601 Jury Duty
In the event an employee serves jury duty, Management 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 Management in order that arrangements may be made for the absence from this Center. Swing- or graveyard-shift employees who perform a full day of jury duty will be excused for their regular shifts and have their time charged to court leave. The employee will present Management 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.
Section 2602 Voting
Employees who are not otherwise able to vote in federal, state, or local elections or referendums will be excused from work on administrative leave for this purpose.
Section 2603 Charity Drives
Management and the Union mutually agree that the employees in the unit will be encouraged to participate in charity drives endorsed by Management and the Union for solicitation on the Center. In no instance shall Management or the Union exercise undue pressure on an employee to contribute to a charity to which an employee does not wish to contribute nor will any reprisal action be taken against an employee who refrains from contributing.
Section 2604 Jury Duty & Scheduled Overtime
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 Management is notified of the employee’s availability.
Section 2605 Court Leave
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. An employee who is summoned as a witness in a judicial proceeding to testify in a non-official capacity on behalf of a state or local government, is entitled to court leave during the time absent as a witness. An employee who is summoned or assigned by the agency to testify in a non-official capacity on behalf of the United States Government or the government of the District of Columbia, is in an official duty status as distinguished from a leave status, and entitled to regular pay. If the witness service 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.
Section 2606 Carpools, Vanpools And Transit Busses
In order to minimize traffic congestion on community highways, reduce Center congestion, reduce parking requirements and improve air quality through reduced exhaust emissions, the Union and Management join in encouraging employees to participate in carpools, vanpools or riding our assigned transit busses.
ARTICLE TWENTY SEVEN - COMMITTEE ASSIGNMENTS
Section 2701 Boards And Committees
Management agrees that the Union may have representation on boards and committees as follows:
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OSH Policy Committee — 1 member
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NUWC Recreation Association — 1 member
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Workforce Diversity Council — 1 member
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Food Service Board — 1 member
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Keynotes Editorial Board —1 member
Section 2702 Future Boards Or Committees
Management agrees to consider Union representatives on any board or committee that is established in the future or is not covered in this Agreement, if its function directly affects the employees in the unit.
Section 2703 Committee Members And Limits
For the above positions, the Union agrees to submit names of committee members to Management, in writing, and Union representatives will not serve on more than two committees.
ARTICLE 28 - PERFORMANCE AND PRODUCTIVITY
Section 2801 Performance Standards
Performance standards will be reflective of duties and responsibilities assigned the position and constructed in accordance with applicable law. The standards will be applied fairly, equitably, objectively and uniformly for like duties. The standards themselves are not grievable, application of standards and other matters related to the performance appraisal program may be grieved through the negotiated grievance procedure contained in this Agreement.
Section 2802 Setting Of Performance Standards
In the development of position descriptions and the setting of performance standards by Management, employees will be given a reasonable opportunity to review the proposed position descriptions and standards and to provide their input. Each supervisor will give full consideration to employee comments before finalizing the standards. Employees have the right to request Union representation at meetings discussing unacceptable performance.
Section 2803 Signatures On The Performance Appraisal
Management will inform the employees that their signatures on the performance appraisal form signifies only that a discussion of the appraisal has taken place and does not constitute their agreement either with the performance standards established for their positions or the rating received.
Section 2804 Rating Supervisor
The rating Supervisor will prepare the appraisal, discuss it with the employee and give the employee an opportunity to comment in writing and sign the appraisal. If the employee is dissatisfied with the rating he/she may request Union assistance. If the approving official sustains an unacceptable rating, which is lower than expected by the employee the approving official must give written justification for the rating given. 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.
Section 2805 Unacceptable Performance
Management agrees to promptly inform employees whenever their performance declines to the unacceptable level. The notification will be in writing and will provide guidance for improvement. The employee will be provided a formal Performance Improvement Period (PIP) and a reasonable amount of time to demonstrate improvement.
Section 2806 Improving Productivity
The Union will participate with Management in the development of Center-wide programs aimed at improving productivity. Union officials will encourage employees of the unit to participate in Center-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.
Section 2807 Changes In Conditions Of Employment
Prior to implementation of changes in conditions of employment resulting from Total Quality activities Management will comply with its obligations to the Union under the Statute.
Section 2901 Conditions And Procedures
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.
Section 2902 Temporary Additional Duty Travel
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 NUWC. 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 to the maximum degree consistent with the mission assigned. Employees on temporary additional duty travel should exercise the same care in incurring expenses that prudent persons would exercise in traveling at their own expense.
Section 2903 Standard Travel Order
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 Management 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.
Section 2904 Travel Funds
For utmost economy in use of travel funds, government transportation shall be used to the maximum extent possible. Management will, unless directed by higher authority, make every reasonable effort to avoid scheduling employees to travel in military-configured aircraft and only when no other alternatives are available will such travel be required. For the purposes of clarifying the intent of this Section, other possible alternatives would be the scheduling of government passenger-carrying configured aircraft (i.e., aircraft equipped with adequate seating and proper safety equipment and on scheduled or semi-scheduled flights) either commercial or government land or sea transportation, or commercial air transportation. In the event government air is not available, travel by commercial carrier (air, rail or bus) may be authorized. Exceptions to air travel will be made only by the approving officer. Mission accomplishment and employee convenience at the job site will be considered prior to final determination on mode of transportation. The following alternatives will be considered, upon request, subject to prudent concern over the amount of travel time involved:
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Authorization to drive privately owned vehicle at no expense to the Government.
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Authorization to drive privately owned vehicle limiting the liability of the Government to the cost of the alternative mode of travel authorized.
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Authorization to drive privately owned vehicle limiting the liability of the Government to vehicle mileage and per diem for the driver and authorized passengers.
When performing travel by privately owned vehicle, reimbursement at the applicable mileage rate will be made for distance traveled, as permitted by appropriate regulations. When passengers are authorized, mileage will also be paid for distance traveled in the pick-up and return of passengers. Management further agrees that when the employee is required to use private or public transportation at the job site, reimbursement will be authorized in accordance with applicable regulations.
Section 2905 Government Owned Or Leased Automobile
If an approving official determines that an automobile is required for travel, a Government owned or leased automobile will normally be used whenever it is reasonably available. If the employee elects to use his/her POV, reimbursement shall be made based upon paragraphs C 2158 and C 4651 of the JTR. Management may not direct an employee to use a POV for official travel.
Section 2906 Hours Of Rest
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 will be entitled to overtime pay if they they meet the requirements for overtime pay under the FLSA. Employees who depart earlier than scheduled, for their own convenience, will not be entitled to any adjustment in their salary or per diem.
Section 2907 Government Quarters
Employees may not be ordered/required to use government quarters, nor may lodging reimbursement be limited to the Government quarters cost.
Section 2908 Travel Assignments
Travel assignments (Temporary Assigned Duty(TAD)) will be made as reasonably and fairly as possible and normally be offered to qualified and available employees with requisite skills on the basis of seniority utilizing unadjusted retention lists; in the absence of volunteers, temporary duty assignments will be rotated among qualified and available employees with requisite skills in inverse order of seniority. An employee selected for an assignment involving travel may request to be excused and such request will be granted when it is judged that mission accomplishment will not be impaired. When such request is denied, the reasons for denial will be explained to the employee and Union representative if so desired.
Section 2909 Travel Vouchers
Employees will submit travel vouchers within 10 calendar days of return from travel and the Disbursing Officer will reconcile or settle travel claims within 10 workdays of receipt. If an advance travel allowance exceeds the actual reimbursable amount, the traveler shall refund such excess within 15 calendar days after notification of the amount due.
Section 2910 Travel Expenses
Travel expenses will be paid both to employees traveling to Federal medical facilities and to employees traveling to offices of selected private physicians for their agency-ordered fitness-for-duty examinations.
Section 2911 Reimbursement For Auto Mileage And Parking
Reimbursement for auto mileage and parking to and from the airport shall be reimbursed in accordance with regulations. Mileage will be accrued from the employee’s home address or business address depending upon departure location and return.
Section 2912 Regularly Scheduled Workweek
To the maximum extent practicable, the head of an agency shall schedule the time to be spent by an employee in a travel status away from his official duty station within the regularly scheduled workweek of the employee. When employees 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 earn compensation where provided by regulation.
Section 2913 Travelers Information Packet
Upon request management will provide travelers an information packet about employee obligation/rights, travel, and reimbursement rules and procedures. Employees may also seek assistance from the travel clerk.
Section 2914 Rights And Benefits
Bargaining unit employees who have concerns about travel arrangements and benefits may contact the Union prior to departure to assure their rights and benefits are protected.
Section 2915 Government Sponsored Credit Card
An employee who uses the Government sponsored credit card for advances by Automatic Teller Machine (ATM) is entitled to reimbursement for the cash advance fee charged by the credit card company and for any fee charged by the ATM for its use.
Section 2916 Registration Or Conference Fees
When authorized to attend meetings or conferences, registration or conference fees for meetings sponsored by the Government and private organizations that include a charge for luncheons or banquets are considered reimbursable expenses whether or not travel is involved. Employees on TDY must identify any meals provided in the registration or conference fees on their travel vouchers and will be reimbursed in accordance with the JTR and Comptroller General Decisions.
Section 2917 Travel for Union Representatives
Management will authorize travel and/or per diem to employees who serve as Union representatives whenever travel is required for the performance of the following representational functions: resolving complaints, grievances and appeals; negotiating and consulting with management; and, attendance at management sponsored conferences, meetings and training as per regulation.
Section 2918 Official Long Distance Telephone Calls
Charges for official, long distance telephone calls will be reimbursed provided the travel-approving official certifies them as necessary in the interest of the Government.
Section 2919 Telephone Calls Home
Employees traveling for more than one night on Government business in the continental United States will be reimbursed up to $3.00 per call for telephone calls home when there is a family illness, safe arrival, or changes in travel schedule occur. Travelers will be notified of this in block 16 of the Travel Orders.
ARTICLE 30 - EQUAL EMPLOYMENT OPPORTUNITY
Section 3001 Equal Employment Opportunity
Management agrees that equal employment opportunity will be afforded all persons and also agrees to prohibit discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin or age.
Section 3002 Representation
Employees are entitled to a representative of their own choice.
Section 3003 Interfere Restrain, Coerce, Intimidate Or Reprisals
It is agreed that no official of Management or the Union shall interfere with, restrain, coerce, intimidate or take reprisals against any employee for appearing, testifying or furnishing evidence in connection with a complaint.
ARTICLE THIRTY ONE - VOLUNTARY ALLOTMENT OF UNION DUES
Section 3101 Union Dues
Management shall deduct dues from the pay of all eligible employees who voluntarily authorize such deductions and who are employed within the appropriate unit for which the Union holds exclusive recognition in accordance with the provisions set forth herein.
Section 3102 Payroll Deduction
Union dues (the regular, periodic amount required to maintain an employee in good standing in his appropriate local union) shall be deducted by Management from the employee’s pay each payroll period when the following conditions have been met:
The employee is a member in good standing of the Union or has signed up for membership in the Union subject to the payment of the first month’s dues through voluntary allotment as provided herein.
The employee’s earnings are regularly sufficient to cover the amount of the allotment.
The employee has voluntarily authorized such a deduction on Standard Form 1187.
The Union, through its authorized official, has completed and signed Section A of such form on behalf of the Union.
Such completed form has been turned over to Management by the Union.
Section 3103 Purchasing The Standard Allotment Form
The Union is responsible for: purchasing the standard allotment form prescribed by the Comptroller General; distributing it to its members, certifying as to the amount of dues; delivering completed forms to Management, educating its members on the programs for allotments for payment of dues, its voluntary nature, the uses and availability of the required form, and the procedure to be followed by the employee who desires to terminate the allotment.
Section 3104 First Pay Period
Deduction of dues shall begin with the first pay period which occurs after receipt of the Standard Form 1187 by Management providing that the Standard Form 1187 is received no later than the Monday preceding the beginning of the biweekly pay period to which the allotment deduction is to be applied.
Section 3105 Amount Of The Union Dues
The amount of the union dues to be deducted each biweekly pay period shall remain as originally certified on such allotment forms until a change in the amount of such dues is certified to by the authorized official, and such certification is transmitted to Management by the Union. Such change shall begin with the first pay period after receipt of the notice of change to Management or a later date if requested by the Union. Such changes must comply with the notification timing of Section 3104 above. Such changes shall not be made more frequently than once each 12 months. In addition, changes made as a result of changes in membership classification such as promotion of helper to journeyman, will be made upon submission of a new Standard Form 1187, effective the beginning of the first pay period following receipt by Management.
Section 3106 Union Dues Termination
An employee’s voluntary allotment for payment of Union dues shall be terminated with the start of the first pay period following the pay period in which any of the following occur:
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Loss of exclusive recognition by the Union.
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Separation of the employee from the unit for which the Union holds exclusive recognition.
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Receipt by Management of notice from the Union that the employee has been expelled or has ceased to be a member in good standing with the local union. Such notice shall be promptly forwarded by the Union to Management and must be received within the time frame established in Section 3104.
Section 3107 Standard Form 1188
An allotment for the deduction of an employee’s union dues may also be terminated by the employee through submission to Management of a Standard Form 1188 or other written memorandum properly executed in duplicate by the individual employee. Such duplicate shall be promptly forwarded by Management to the Union upon receipt from the employee. A termination of allotment under this Section shall be effective with the first full pay period following an anniversary of the effective date when the employee’s last dues-deduction allotment began, provided the revocation is received by Management within the time frame of Section 3104 above. Employees may obtain a Standard Form 1188 from the Payroll Office.
Section 3108 Transmit To The Union Secretary-Treasurer
Management shall transmit to the Union secretary-treasurer promptly, after each regularly scheduled payday, all of the following:
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Lists in duplicate of employees on voluntary dues allotments. Each list shall include the name and social security number of each employee on voluntary allotment and the amount of the allotment deduction made for each employee. Each such list shall include the total monetary amount of all such allotment deductions made for the employee members together with the total number of such allotment deductions.
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An Electronic Fund Transfer to the Union in the amount equal to the grand total of all such monetary allotment deductions made.
ARTICLE 32 - DURATION AND CHANGES
Section 3201 Remain In Full Force
This Agreement, as executed by the parties, shall remain in full force and effect for 3 full years from the date of its approval by the Department of Defense. It shall remain in effect for 1 additional year thereafter unless, at least 60 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 new agreement no more than 60, nor less than 30 days prior to the expiration date of this Agreement.
Section 3202 Articles Subject To Opening
This Agreement, except for its duration period as specified in Section 3201 of this Article, is subject to opening only as follows:
- Amendment(s) may be required because of changes made in applicable laws or executive orders after the effective dates of this Agreement. In such event, the parties will meet for the purpose of negotiating new 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.
- 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 at least 6 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 14 calendar days 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 amendments to same. No changes shall be considered except those bearing directly on the subject matter(s) agreed to by the parties. Such amendments as agreed to by the parties will duly executed by the parties.
- It shall be opened for amendment upon written request of either party made within 30 calendar days after receipt of any order, instruction or regulation of the Office of Personnel Management, Department of Defense, or the Department of the Navy which substantially alters the discretionary authority of Management with regard to any item dealt with in this Agreement. Requests for such amendments must include a summary of the amendments proposed and make reference to the appropriate order, regulation or instruction upon which each such amendment requested is based. The parties shall meet within 14 calendar days after receipt of such request to open negotiations on such matters. No changes shall be considered except those bearing directly on and falling within the scope of such order, regulation or instruction and the discretionary area which the same delegates to Management. Such amendments as agreed to by the parties will be duly executed by the parties.
Section 3203 Amendments To This Agreement
Any amendments to this Agreement as agreed upon by the parties shall be promptly reproduced my Management and disseminated to all employees within the unit as mutually agreed.
Section 3204 Exclusive Representation
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 Management.
Section 3205 Precedent
The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all the terms and conditions herein.
Section 3206 Extension Of This Agreement
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.
Section 3207 Future Agreements
The provisions of this Article; Article Two, Section 201: Article Three, Section 306; and Article Five, Section 501 shall apply to all supplemental, implementing, subsidiary or informal future agreements between the parties.
ARTICLE THIRTY-THREE - SPECIAL PROVISIONS
Section 3301 Alternate Dispute Resolution
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The parties recognize that legitimate differences will arise during the term of this Agreement. The parties further recognize that traditional methods of dispute resolution, most notably grievance processing and arbitration, are confrontational and expensive, and too often produce results with which neither party is satisfied.
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The parties are committed to resolving differences in a spirit of cooperation, open communication and dialogue, and honesty, and to resolve such differences at the lowest possible level. The parties jointly encourage supervisors, managers, and employees to approach such disputes in a manner which will foster early and complete identification of the problem, and to jointly explore in a non-adversarial manner all available alternatives to arrive at a solution acceptable to all parties.
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The parties agree to explore other methods of dispute resolution such as mediation, and to utilize such processes in an attempt to find more efficient, economical, and non-adversarial ways of resolving differences. Such alternate methods will be used upon mutual agreement of the parties and in conjunction with Article 20, Grievance Procedure and Arbitration.
Section 3302 Support Of Common Goals
Management - union relations support of common goals
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The Parties endorse the principle that the labor-management relationship is a local problem solving dialogue between equals and that day-to-day matters that arise at the work site should be addressed at the lowest level of management. In support of this principle, the Union representative will communicate directly with individual managers concerning local matters whenever possible. In like manner, management will communicate with designated Union representatives on local matters of mutual interest.
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The parties agree to work together to create a common understanding between stewards and supervisors of the interpretation and applicability of this Agreement.
ARTICLE THIRTY-FOUR - CONTRACTING OUT
Section 3401 A-76 Or Similar Study
The employer shall notify the Union at the time an A-76 or similar study is scheduled to review contracting out work which is being performed by members of the bargaining unit.
Section 3402 Appeals Concerning A-76
The parties recognize that OMB Circular A-76 is the government-wide regulation that governs contracting out, and any appeals concerning these matters will be made under A-76 procedures or other applicable law or regulation.
Section 3403 Comparison Of The Cost
Whenever commercial sector performance of a Government operated facility is permissible, in accordance with the latest circular A-76, comparison of the cost of contracting out and the cost of in-house performance, when required by the latest Circular A-76, shall be performed to see who will do the work.
ARTICLE THIRTY-FIVE - FINANCIAL DISCLOSURE
Article 3501 Financial Disclosure
Management and the Union agree to the implementation of the Financial Disclosure filing requirements and procedures set forth in DOD and Navy guidance, subject to the following:
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The requirement to file is based upon an employee’s official duties and responsibilities. Accordingly, each supervisor will annually review the position description of each immediate subordinate to ensure that the position description does accurately reflect the official duties and responsibilities of the employee.
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The employees’ position description should accurately reflect filing requirements and will be changed to reflect any change in filing requirements.
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Each form OGE-450 shall be held in confidence. Information from a OGE-450 may not be disclosed except as the Counsel NUWC,Keyport. may determine for good cause. Persons designated to review the OGE-450s are responsible for maintaining the statements in confidence and shall not allow access to or disclosure from the OGE-450s except to carry out the purpose of the applicable regulation.
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When necessitated by reason of duty assignment, infirmity, or other good cause, an extension of time for an employee’s filing may be granted by the Counsel NUWC, Keyport. Any OGE-450 submitted shall include appropriate notation of any extension of time granted.
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Command will provide the union with a listing of persons in the unit who are required to file an OGE-450 each year.
ARTICLE THIRTY-SIX - FURLOUGH
Article 3601 Furlough
When the workforce must be furloughed due to lack of funds, Management shall determine emergency essential activities that must continue during the period of the furlough. The Employer and the Union will negotiate over the impact and implementation of each furlough. Recognizing the need for continuity in the Labor Relations program, Management will endeavor not to furlough the Union Chairperson until furlough negotiations are complete.
ARTICLE THIRTY-SEVEN - RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS
Article 3701 Title 5 U.S.C. 4701
Title 5 U.S.C. 4701: For the purpose of this Agreement, "research program" means a planned study of the manner in which public management policies and systems are operating, the effect of those policies and systems, the possibilities for change, and comparisons among policies and systems; and "demonstration project" means a project conducted by the Office of Personnel Management (OPM), or under its supervision, to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Management may engage in such programs or in order to study the feasibility of implementing such practices or policies.
Article 3702 Title 5 U.S.C. 4703
Title 5 U.S.C. 4703: When Management is requested to participate in an OPM sponsored research or demonstration project under Chapter 47 of Title 5, United States Code, Management will:
- Not approve any project involving bargaining unit employees if:
a. the project will violate this Agreement (or any supplements thereto), the Union’s rights under Executive Order 12871 or the Union’s right to bargain over such programs/projects, unless the Union has agreed to permit its inclusion, pursuant to 5 U.S.C. 4703 f (1), or
b. until there has been consultation and negotiation with the Union if the project is not covered by this Agreement or supplements thereto, pursuant to 5 U.S.C. 4703 f (2). - Management will attempt to terminate its participation in a demonstration project with the bargaining unit represented by BMTC when either party determines that such project creates a substantial hardship on, or is not in the best interests of, the public, the Federal Government, employees, or eligible participants.