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PREAMBLE
This Agreement is made by and between the Puget Sound Naval Shipyard hereinafter referred to as the “Employer” and the Bremerton Metal Trades Council, AFL-CIO, hereinafter referred to as the “Council”, and collectively hereinafter referred to as the “parties”. The Council is composed of affiliated local unions of national and international organizations. Those affiliated locals having members employed at the Shipyard are listed in Appendix I hereto.
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WITNESSETH
WHEREAS the public interest demands the highest standards of employee performance and the continued development 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 the protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them; safeguards the public interest, contributes to the effective conduct of public business, and facilitates and encourages the amicable settlement of disputes between employees and their employers involving conditions of employment; and
WHEREAS the parties agree that labor organizations and collective bargaining in the Civil Service are in the public interest; the intent and purpose of the Agreement is to promote and improve the effectiveness and efficiency of the Puget Sound Naval Shipyard and the well being of its employees.
NOW THEREFORE pursuant to the provisions of the Civil Service Reform Act of 1978 (Public Law 95-454) governing labor-management relations in the Federal Service (5 U.S.C. 7101 et. Seq.), hereinafter will be referred to the “ACT”, the parties agree to the following:
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ARTICLE 1
RECOGNITION AND COVERAGE OF AGREEMENT
0101. Exclusive Recognition Of Council.
The Employer hereby recognizes that the Council is the exclusive representative of all Employees in the unit as defined in Section 0102 and the Council hereby recognizes the responsibility of representing the interests of all such Employees under the terms of this written Agreement.
0102. Definition Of Unit.
The unit to which this Agreement is applicable is composed of all eligible Employees including apprentices, temporary, term and probationary Employees of the Puget Sound Naval Shipyard except the professional Employees, the Employees in the Technical unit, the Employees in the Planners, Estimators, and Progressmen’s unit, any confidential Employee, management official or supervisor, or an Employee engaged in Federal personnel work in other than a purely clerical capacity. An Employee is not authorized by the Act to assist a labor organization or participate in its management or represent it if such activity could result in a conflict of interest or otherwise be incompatible with law or the official duties of the Employees.
0103. Change Of Affiliate.
Should any additional local union have members employed by the Employer within the unit described in Section 0102 and become an affiliate local union of the Council and meet the requirements specified in Section 7103(a)(4) and Section 7120 of the Act such additional local union, upon the written request of the Council to the Employer shall be recognized as one of the Council’s affiliate local unions and added to those so listed in Appendix I hereto.
0104. Binding Agreement.
The provisions of this Agreement shall be binding upon the parties for any new operations directed by the Employer to the extent that such operations affect Employees within the unit. This section, however, shall not be interpreted as a waiver of the Employer’s rights as provided in 5 USC 7106.
0105. Reclassification.
It is further agreed that any Employee(s) currently in the unit, who are reclassified as a result of application of job grading and position classification standards shall remain a part of the unit provided such Employees continue to perform essentially that work previously performed or interrelated with work historically performed within the unit. This section shall not be interpreted as to preclude the parties from filing a unit clarification petition with the Federal Labor Relations Authority (FLRA).
0106. Responsibilities.
The parties agree that it is in the best interest, in the administration of the labor-management relations program, that supervisors and Council representatives should keep themselves advised of the provisions contained in this Agreement.
0107. Reports.
The Employer will provide the Council a quarterly listing of all Employees in the bargaining unit who are serving on time limited appointments. The listing will include the organization code, title, series, grade and appointment expiration date. The Employer will notify the Council prior to the expiration date of the appointments when a significant number of temporary Employees will not have their appointments renewed.
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ARTICLE 2
RIGHTS OF THE EMPLOYER
0201. Management Rights.
The right, functions, and authority to manage Shipyard operations, Personnel and resources are vested in the Employer by the Act. The Act provides that all management officials of the Employer retain the right and authority to:
a. Determine the mission, budget, organization, number of Employees and internal security practices of the Employer.
b. In accordance with applicable laws and regulations;
1. Hire, assign, direct, lay off, and retain Employees in the Shipyard, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such Employees;
2. Assign work, make determinations with respect to contracting out, and determine the personnel by which the Employer’s operations shall be conducted;
3. Make selections for appointments from among properly ranked and certified candidates for promotion or any other appropriate source;
4. Take whatever actions may be necessary to carry out the Shipyard mission during emergencies. The Employer will notify the Council of the nature of any such emergency.
0202. Right To Make Rules.
The right to make reasonable rules and regulations is the acknowledged function of the Employer. In making rules and regulations relating to personnel policy procedures and practices, and matters affecting the working conditions of unit Employees, the Employer shall have due regard for the obligations imposed by this Agreement and sections 7106 b.(2) and (3) of the Act.
0203. Assignment Of Supervisory And Management Responsibilities.
Throughout this Agreement, where language indicates that a specific supervisor or management official will perform a task or function, it is understood that this is simply intended as a guide as to how the Employer would normally handle a situation. It is understood that any such task or function could be performed by any management official or supervisor authorized by the Employer to act in that capacity.
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ARTICLE 3
RIGHTS OF THE EMPLOYEES
0301. Rights Of Unit Employees.
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 Council and any other labor organization or to refrain from any such activity. Except as expressly provided hereinafter and in the Act, the freedom of such Employees to assist any labor organization shall be recognized as extending to participation in the management of the Council and acting for the organization in the capacity of a Council or an organization representative, including presentation of its views to the officials of the Executive Branch, the Congress, or other appropriate authority and to engage in collective bargaining with respect to conditions of employment through the Council. The Employer shall take such action, consistent with law or other 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 the Shipyard to encourage or discourage membership in any labor organization.
0302. Employee Right To Consult
a. Employee Request.
The informal resolution of complaints or concerns at the lowest possible level is of vital interest to the parties. An Employee’s immediate supervisor should be afforded the opportunity to resolve Employee concerns informally. An Employee has the right to a reasonable amount of allowed time to consult, either personally or by telephone, with an appropriate Council Representative (usually a steward), and/or appropriate official of the Employer on work related matter(s) of personal concern. Requests for the use of such time will be made by the Employee to his/her immediate supervisor.
b. Supervisor’s Action on Request for Steward.
When an Employee requests to consult with a Council Representative, the supervisor shall, upon the Employee’s request, make arrangements for the Employee to meet with a steward from the same shop or affiliate, normally from the same work area. If a steward is not available from the same shop or affiliate, the supervisor will contact the Chief Steward for assignment of a representative. The Employee’s supervisor will contact the steward’s supervisor to make arrangement(s) for the Employee and steward to meet. Permission for the Employee to leave the job for consultation will be made following a similar procedure to that outlined in Section 0608.b.
c. Steward’s Action on Contact.
If, when a steward is contacted, it is determined an Agreement violation may have occurred, the provisions of the Grievance Procedure, Article 30, 4 will be followed. The steward will tell the Employee if the matter is not a violation of the Agreement and therefore is not grievable (see Sections 3001.c and 3001.d for definition and exclusions). The steward may advise the Employee of the existence of appropriate alternative procedures which may be followed, such as statutory appeal procedures; EEO contact; the classification or job grading appeal procedures, etc. This Agreement does not grant the use of official time to an Employee or Council Representative to pursue a matter(s) under the Negotiated Grievance Procedure if the matter(s) is excluded from the Negotiated Grievance Procedure or pursued through an alternative procedure.
0303. Representation At Examination.
a. The Employee shall be given the opportunity to be represented by a Council Representative at any examination or investigation if:
1. The Employee reasonably believes that the examination may result in disciplinary action against the Employee; and
2. The Employee requests representation.
b. The Employee shall be notified of the pre-action investigation and the nature of the pre-action investigation or examination prior to the beginning of the meeting. If the Employee requests representation, the investigation/examination meeting shall not commence nor continue, whichever is applicable, until a representative is present. At the request of the Employee or representative, a brief private consultation shall be afforded them prior to the meeting with the Employer. An Employee who has requested representation shall be accorded all rights under this Agreement during any investigation or examination with any agency representative which may result in disciplinary action being taken by the Employer, and where such right to Council representation is not specifically prohibited by law or regulation. If representation is denied, the reason for denial shall be given the Employee in writing, upon request, providing the request for representation was in writing.
c. If an Employee has requested representation in conjunction with an examination the Employee will be provided representation in subsequent discussions on that matter.
0304. Right To Review Personnel Records.
a. Non-Medical Records. Upon request, Employees will be permitted to review their Official Personnel Folder (OPF), and any other records identifiable to the Employee which are contained in a system of records maintained by the Employer. An Employee’s representative when authorized by the Employee in writing will be permitted to review the Employee’s records. The Council recognizes that applicable regulatory requirements will have to be followed to obtain access. Arrangements to review records will be made through the Employee’s immediate supervisor. Except for records contained in the OPF, any request to review records must identify the record, as specifically as possible, including the type of record and it’s approximate date. A general request, i.e., any and all records in the Administrative Office, will not be granted.
Upon receiving a request for the OPF, the Employer will arrange for transportation of the OPF to the Human Resources Office within three (3) working days. If the requested record can not be delivered within the above time frame, an explanation for the delay and the approximate time the record will be available for review will be communicated to the Employee or representative. If there is an emergent administrative requirement for the Employee or representative to have immediate access to the record, the Employer will provide the record by the following working day.
Copies of requested records shall be provided at the Employee’s expense, except when the Employee is receiving the initial copy of an official record. The charges for these records shall not exceed those charges authorized by regulation. Additional charges may be applied, as authorized by regulation, when, because of the nature of the request, special programming is required to assemble electronically maintained records for review or copying. The Employee or representative, as applicable, shall be notified in advance of the reason(s) and costs of any special programming.
b. Medical Records. Employees, upon request to the Medical Officer, will be permitted to review their individual medical records in the Dispensary. An Employee’s representative, when authorized by the Employee in writing, will be permitted to review medical information regarding the Employee. Arrangements to review medical records will be made through the Employee’s immediate supervisor. The foregoing reference to medical records must be applied in accordance with applicable provisions of OSHA Regulation (29 C.F.R). The provisions of subsection a. above, pertaining to charges for requests for electronically maintained records shall apply to medical records.
c. The Employee or the representative will be granted time allowed, provided that the workload permits and a Council Pass has been completed. An excessive number of requests from a particular Employee and/or representative will be cause for consultation.
0305. Work Instructions And Orders.
Unit Employees are required to follow instructions and obey orders from supervision. No Employee will be disciplined for declining an order an Employee reasonably believes is unlawful. CAUTION: If the Employee refuses to carry out the second order and the circumstances do not support the Employee’s concern, the Employee may be subject to administrative and/or disciplinary action.
a. If an Employee receives an order which conflicts with orders which the Employee previously received from another authority, the Employee shall inform that supervisor giving the latest order of the circumstances. If the order is repeated, the Employee shall then carry out that order. The supervisor issuing an order of this nature shall assume full responsibility. A refusal to carry out the second order may result in administrative and/or disciplinary action being taken against the Employee.
b. It is the duty of each Employee to make proper use of all safeguards and personal protective equipment, to observe safety procedures, and to protect fellow Employees and government property. If an Employee receives an assignment or order to take an action that the Employee judges unsafe, the Employee shall have the right to protest the order. In fact the Employee has the responsibility for bringing the matter to the attention of immediate supervision (see Section 1602). The supervisor who gave the order will give careful thought to the matter. If the supervisor repeats the order, the Employee(s) shall carry out the order to the best of their ability and the responsibility then passes to the supervisor who repeated the order. When an Employee reasonably believes that they are in imminent risk of death or serious bodily harm from a work assignment, and do not have time to seek resolution through normal abatement procedures, they may properly decline to perform the assignment. CAUTION: If the Employee refuses to carry out the second order and the circumstances do not support the Employee’s concern, the Employee may be subject to administrative and/or disciplinary action.
0306. Coverage While On TDY.
Employees of the unit, while on temporary duty assignment at another activity retain coverage of this Agreement. Employees will be expected to accept the environmental conditions and to conform to the rules and regulations governing such matters as hours of work in effect at the temporary duty activity.
0307. Fair And Equitable Coverage.
The Employer agrees that all Employees in the bargaining unit will be treated fairly and equitably in the application or interpretation of laws, rules and regulations of the agency or higher authority or Employer policies and Department procedures affecting working conditions.
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ARTICLE 4
VOLUNTARY AUTOMATIC ALLOTMENT OF UNION DUES
0401. Policy.
The Employer shall deduct dues from pay of all eligible Employees who voluntarily authorize such deduction and who are employed within the appropriate unit for which the Council holds exclusive recognition, in accordance with the provisions set forth herein and subject to the following conditions:
a. The Employee is a member in good standing of an appropriate local union affiliated with the Council or has signed up for membership in an appropriate local union.
b. The Employee’s earnings are regularly sufficient to cover the amount of the allotment.
c. The Employee has voluntarily authorized such a deduction on Standard Form 1187 and the appropriate local union of the Council through its authorized official, has completed and signed Section A of such form on behalf of such affiliated local union.
0402. Allotment Form.
The Council is responsible for purchasing the standard allotment form prescribed by the Comptroller General and distributing it to its members.
0403. Effective Date Of Allotment.
Deduction of dues shall begin with the first pay period which occurs after receipt of the Standard Form 1187 by the Employer, (Code 610.12) providing that Standard Form 1187 is received by noon of the Thursday preceding the beginning of the biweekly pay period.
0404. Amount/Change Of Allotment.
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 the Employer by the Council. Such change shall begin with the first pay period after receipt of the notice of change by the Employer, or a later date if requested by the Council. Such change shall not be made more frequently than once each six (6) months. In addition, changes made as a result of changes in member classification such as promotion of apprentices to mechanic, will be made upon submission of a new Standard Form 1187 effective the beginning of the first pay period following receipt by the Employer.
0405. Employer Termination Of Allotment.
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: a. Loss of exclusive recognition by the Council; b. Separation of an Employee from the unit for which the Council holds exclusive recognition; c. Receipt by the Employer of notice from the Council that the Employee has been expelled or has ceased to be a member in good standing of a local union. Such notice shall be promptly forwarded by the Council to the Employer; d. The Agreement between the Employer and the Council ceases to be applicable to the Employee.
0406. Employee Termination Of Allotment.
Employees may terminate their union dues allotment only on the annual anniversary date of the effective date of their initial dues withholding by submission of a Standard Form 1188 (or facsimile) in duplicate to the Employer (Code 610.12). Upon receipt, the Employer (Code 610.12) shall promptly forward the duplicate to the Council. A termination of allotment under this section shall be effective with the first full pay period beginning on or after the anniversary date. To terminate their dues, Employees must ensure the Standard Form 1188 (or facsimile) is received by Code 610.12 not later than noon of the Thursday preceding the start of the effective pay period.
0407. Records Provided To The Council.
After each regularly scheduled payday the Employer shall promptly transmit pertinent information regarding voluntary union dues allotments to the Council Secretary-Treasurer:
a. Two (2) copies of a listing identifying, by each affiliated local union, the Employee’s name, shop, and badge number, amount withheld, and any allotments which have been terminated during the pay period. The listing shall provide for summary totals of all deductions and the number of contributing Employees for each local union and the Council.
b. An electronic funds transfer will be made to an account designated by the Council in the amount equal to the grand total of all such monetary allotment deductions.
0408. Privacy Act Requirement.
The Council and its affiliates understand that information contained in the listing noted in Section 0407.a is subject to the provisions of the Privacy Act and will take appropriate action to ensure compliance with the Privacy Act.
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ARTICLE 5
RIGHTS OF COUNCIL
0501. Rights and Responsibility.
The Council has the right and responsibility to represent the interests of all Employees in the unit, to present its views to the Employer on matters of concern, either orally or in writing, to consult or be consulted with respect to the formulation, development, and implementation of human resources matters and practices which are within the authority of the Employer, and to enter collective negotiations with the objective of reaching an agreement applicable to all Employees of the unit.
a. When the Employer exercises its rights as defined in Section 0202, the Employer will inform the Council in accordance with Article 38.
b. When the Employer receives orders or exercises its right to contract work traditionally performed by unit Employees, the Employer will inform the Council President in writing.
c. When the Employer takes action during emergencies, the Employer will inform the Council President of the emergency and the Employer’s action.
0502. Presence At Formal Discussions.
The Council shall be promptly notified by the Employer and shall be given the opportunity to be represented at any formal discussion between one (1) or more officials of the Employer and one (1) or more Employees of the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment.
0503. New Employee Indoctrination.
The Council may have a representative attend New Employee Indoctrination to answer questions regarding the Council’s representational responsibilities. The Employer agrees to give serious consideration to any suggested content changes to the presentation or related matters which are recommended by the Council and will notify the Council before implementing any change which affects the Employee/Council representational rights/responsibilities. The Employer will provide the Council with a copy of the schedule of New Employee Indoctrination sessions.
0504. Distribution Of Agreement.
The Employer will make available a copy of the Agreement and amendments to each unit Employee. The Employer agrees to furnish the Council additional copies of the Agreement and 10 amendments at the Employer’s cost. The Council will identify the number of copies required prior to initial printing.
0505. Unit Employee Listings.
The Employer will provide two (2) copies of a listing of unit Employees to the Council every three (3) months. The listing shall be in alphabetical order by Shop or Code with Employee’s badge number. The Employer reserves the right to charge a fee for additional listings or for listings of a different format which are requested by the Council.
0506. Council Access To Instructions/Directives.
a. Copies. The Employer agrees to place the Council on the Distribution List for (2) copies of unclassified Secretary of the Navy and/or Notices, and Activity Instructions and Notices pertaining to civilian personnel matters, including any changes or additions thereto as issued. The Employer further agrees to advise the Council of any directive which affects any of the terms and conditions of the Agreement and which alters discretionary authority with regards to any item dealt with in the Agreement.
b. Council Access. The Employer recognizes the Council’s need to have access to regulations which control personnel policies and related matters. The Employer agrees to allow the Council President and Chief Stewards access to the following materials:
1. Published OPM regulations;
2. Joint Travel Regulations (JTR); Volume II;
3. Judge Advocate General Manual (JAG) (requests shall be in writing);
4. NAVCOMP Manual (requests shall be in writing);
5. Department of Defense Instructions and Notices as they apply to conditions of employment; and
6. NAVSHIPYDPUGET Instructions and Notices.
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ARTICLE 6
COUNCIL REPRESENTATION
0601. Recognition And Contact.
a. Employer Recognition of Council Representatives. For the purposes of this Agreement the Employer agrees to recognize three elected Council Officers (President, Vice-President, Secretary-Treasurer), one (1) Safety Chairperson, one (1) Security Specialist, one (1) Chief Steward for each affiliate, and a sufficient number of Council Stewards duly authorized by the Council to represent unit Employees on appropriate work related matters. Upon written notice, the Council may designate other individuals to represent the Council’s views. The written notice shall specify the area of authority and responsibility of the representative.
b. Points of Contact (Unit-wide). The parties agree that the Council’s principal point of contact on all matters pertaining to the Unit-wide administration of this Agreement shall be the Council President. The Employer’s principal point of contact shall be the Head, Waterfront Support Division (Code 1113).
c. Shop/Code Contact Person. The Council President will designate in writing, a person from each Shop/Code who is authorized to receive notice from the Employer’s representatives in accordance with Sections 2003, 3801, and 3805, concerning proposed changes to existing conditions of employment when the change(s) is limited to that Shop/Code. The Council President will provide written notice if a Council Representative other than the Shop/Code Contact Person will respond to the Shop/Code proposed change(s). The Shop/Code will provide notice of proposed change(s) to the Council President in the absence of a Shop/Code contact person or if the proposed change(s) impacts more than one Shop or Code.
0602. Notification To Employer.
The Council President will keep the Employer (Code 1113) timely informed of changes in Council Officers. The Council President will provide to the Employer (Code 1113) an Official Master List of Council representatives (see 0601 and 3503) on the effective date of this Agreement. A dated new Official Master List with changes (additions/deletions) clearly identified shall be timely submitted to Code 1113 by the Council President as changes occur. A courtesy copy of the Official Master List (including revisions) will be sent to each Group/Division Administrative Officer. The Official Master List (including revisions) shall specify: The name; badge number; parent Shop/Code; Council Office/position held; area of representation/ responsibility; and committee membership as applicable. The Employer is not obligated to recognize Council Officers, representatives or committee members absent written notice from the Council President. The Council will ensure all representatives are aware of their specific designated area of representation/ responsibility. The Employer (Code 1113) will issue, within five (5) workdays from receipt from the Council, specific lists to the Shops/Codes of the area(s) affected. The Shop/Code will post the list on appropriate bulletin boards within two (2) workdays of receipt. Lists shall note the date of posting. Representative’s badge numbers shall not be posted. The date of posting shall normally be the effective date of the list. In unusual circumstances, Code 1113 may inform the Shop/Code by telephone of the recognition of a representative.
0603. Council Internal Affairs.
Activities concerned with the internal management of the Council or Council business will not be conducted during working hours. This includes, but is not limited to, such activities as membership meetings, solicitation of membership, collection of dues by representatives, campaigning for any Union or Council office, and the conduct of elections and distribution of literature. Furthermore, Council or affiliate Officers/Officials, who are Shipyard Employees, when performing duties of their office not involving the Council-Employer relationship whether inside or outside of the Shipyard shall request annual leave or leave without pay in advance of their anticipated absence.
0604. Functions Of Council Representatives In Processing Complaints / Grievances.
a. General. The Council has the responsibility for the determination and designation of representatives for unit Employee(s) in the processing and resolution of complaints and grievances.
1. The Council through its representatives may receive, investigate and process to completion, complaints or grievances of Employee(s) during working hours and advise Employee(s) of their rights and the procedure(s) to be followed for resolution of same as provided in the Agreement. The Council may process a grievance on behalf of an Employee(s) in accordance with Sections 3002 and 3012.
2. Normally, the representative with whom initial contact is made will be the representative of record. If it becomes necessary to make a change in steward designation, the Chief Steward having jurisdiction shall provide written notice to the cognizant Shop/Code as early as possible and usually within two (2) work days of the change. An information copy of any change in representation designation will be routed to Code 1113. An excessive number of re-designations shall be cause for consultation between the parties.
3. The Council will, to the maximum extent practical, designate a representative from the immediate work area of the Employee(s) requesting such representation.
b. Council President. The Council President speaks for the Council and shall be the primary contact point for the Employer to initiate discussion on matters of mutual concern. The Council President will insure that the Employer receives formal notice in those situations wherein other individuals will speak for the Council.
c. Chief Stewards. Chief Stewards shall be responsible for the designation of representatives for unit Employees within that Chief Steward’s affiliate jurisdiction. Chief Stewards may provide guidance to Stewards in the processing/resolution of Employee complaints or grievances. Chief Stewards shall usually handle all Council Grievances. The Council President will keep the Employer informed via the Official Master List of the representative who will function as Chief Steward when an affiliate Chief Steward is on leave or TDY. The Chief Steward’s replacement shall be identified as Alternate Chief Steward. The Official Master List shall identify each affiliate’s area of jurisdiction.
d. Stewards. Stewards shall represent unit Employees in processing and resolving complaints/grievances subject to the provisions of Section 0605. b.
0605. Area Of Representation For Processing Complaints/Grievances.
a. Chief Stewards. Chief Stewards shall usually represent unit Employees within their affiliate area of jurisdiction but generally not at the First Step of the Grievance Procedure. Chief Stewards may represent unit Employees outside their affiliate jurisdiction provided the appropriate Chief Steward has made the necessary written re-designation and the re-designation is approved by the Council President (see Section 0604. a. 2).
b. Stewards. Stewards shall usually represent unit Employees within the same Shop/Code, affiliate and work area of the Employee(s) requesting representation unless a different assignment is made by the affiliate Chief Steward (see Section 0604.a. 2).
0606. Determination Of Initial Representative Contact.
a. Examination/Investigation Meeting. If an Employee requests representation during an examination/investigation meeting (see Section 0303), the supervisor will make a reasonable attempt to provide a steward from the appropriate affiliate, normally the same Shop/Code and work area. If a steward from that area is not readily available and the examination/investigation meeting cannot be postponed, the supervisor will contact the Chief Steward for designation of a steward to be present during the examination/investigation meeting.
b. Other Work Related Matters. If an Employee requests representation on any other work related matter, the supervisor shall make arrangements for the Employee to meet with a steward from the same Shop/Code and affiliate, normally from the same work area. If a steward is not available from the same affiliate, the supervisor will contact the Chief Steward for designation of a steward. If the Employee identifies to the supervisor that grievance procedure time limits (see Sections 3002 and 3003) will be jeopardized by a delay, the supervisor will make arrangements for the Employee to see any Council Representative.
0607. Conference Committee.
a. Membership and Regular Meetings. The Council will designate a Conference Committee which shall be composed of the Council President and four (4) members. The function of this Committee shall be to meet with the Shipyard Commander (and/or designated representatives) on a mutually agreeable regular basis to discuss matters appropriate to the Employer/Council relationship. Alternate members to this Committee may be named to serve as attendees in the absence of a regular member. The Council will keep the Employer (Code 1113) advised in writing of the names of Conference Committee members and alternates.
b. Meeting Records. When formal meetings are held between the Shipyard Commander and/or a designated representative(s) and the Conference Committee, a determination will be made as to whether or not a summary will be prepared. The Employer will arrange for preparation of the summary and a draft will be made available to the Council President for review prior to final preparation. The Council will be furnished twelve (12) copies of the completed summary record.
0608. Permission To Leave Job Site.
a. Identification of Need. Prior to obtaining permission to leave the work site for representational duties, a Council Representative will fill out the appropriate portion of a Council Pass (Form PSNS 5512/103) and present it to the immediate supervisor. The representative shall ensure that: The name of the person to be seen or site to be visited; the name of the grievant (if applicable); the Council control number (if assigned); the Employer’s job order number (if known); the nature of the matter (if known); and the approximate length of the absence, are specified on the Council Pass, at the time of submission to the supervisor. The Council agrees that supervision is not required to consider any release until such time as all the known information (see above) has been specified to the supervisor on the Council Pass.
b. Supervisor’s Action. Prior to the representative leaving the work site, the representative’s supervisor shall, at the first opportunity, contact the supervisor of the Employee or the Management Official to be seen to schedule an appointment and make arrangements for the representative to leave the work site. The immediate supervisor will take into consideration the representative’s statement of urgency in scheduling the meeting. If the requirements of the representative’s or the Employee’s job assignment in the judgment of the involved supervisor preclude release at that time, the supervisor will arrange a mutually acceptable time for the representative to accomplish the matter. The Employer agrees that supervisors will schedule meetings between the representative and Employee for initial contact on a matter (see Section 0606) no later than the next workday unless a later date is necessary to accommodate absences or scheduling conflicts or the representative authorizes a later date. If a supervisor is unable to release the representative for subsequent contacts, the supervisor is obligated to assist the representative to preserve the timely processing of a grievance. If the release is approved, the supervisor shall fill out the appropriate portion(s) and authorize the representative’s absence from the worksite by signing the Council Pass. If disapproved, the reason(s) for same, and the time and date the representative can expect to be released (if applicable) shall be entered and signed by the supervisor. A copy of the disapproved Council Pass will be returned to the representative promptly. One (1) copy shall be retained by the supervisor and the remaining copies forwarded to Code 1113. If the Council can not avoid the representation of the Employee by a representative on a different shift, supervision will assist, when appropriate, in the odd shifting of either the representative or the Employee. Such odd shifting shall consider the individuals’ work assignments, but will not prevent the Employee from receiving representation in a timely manner.
c. Contact and Return to Duty. The Employee or the Management Official to be seen shall sign the Council Pass and indicate the departure time of the representative. In the event the representative must visit other persons not initially indicated on the Pass, the representative will check, normally by telephone, with the immediate supervisor regarding work and request permission. The representative will include the necessary information on the pass and in the request for permission to the immediate supervisor. Upon returning to the worksite, the representative shall give the Council Pass to the supervisor who will complete the appropriate portion(s) and return the original to the representative and forward a copy to the Council President. The Council Pass will reflect the names of all persons visited, the name(s) of each grievant(s) on whose case work was performed, the Council Control number(s) and Employer’s Job Order number for each case (if either have been assigned), the nature of the grievance, the signature(s) of the supervisor(s), the Employee seen or the Management Official seen, and the representative’s departure times.
d. Transfer. The Employer agrees that normally the transfer of Chief Stewards and Stewards from one shift or shop to another will be avoided. However, if such transfers cannot be avoided, the Chief Steward or Steward affected will be notified by the Shop or Branch Head of the reasons for the transfer. Chief Stewards and Stewards may volunteer for transfer to another shift or shop.
0609. Uses Of Official Time.
Reasonable time away from their official duties shall be allowed for Council Representatives to conduct authorized functions. Official Time is defined for pay purposes as that time allowed which a Council Representative spends away from official duties to conduct or assist in authorized representational functions which are outlined below. The Council agrees that whenever authorized functions are performed during working hours, only that amount of time necessary to bring about a prompt and expeditious resolution of the matter will be utilized. Official time granted under the provisions of this Agreement may only be used solely within the perimeter of Puget Sound Naval Shipyard, except as provided in 0609.d below.
a. Council Conference Committee. The Conference Committee shall be allowed official time to meet with the Shipyard Commander periodically. Such meetings shall be scheduled at the request of the Council and shall normally not occur more often than once a month. The Council agrees to submit an agenda, describing the issues proposed for discussion, at least five (5) working days before the requested meeting date. It is understood that if no meetings occur for an extended period of time that it will not alter the Council’s right to meet with the Shipyard Commander on future occasions.
b. Employee Contact with Steward/Representative. An Employee will be allowed time to present a complaint or grievance to a Steward/Representative and a Steward/Representative will be allowed time to receive it (Initial contact see Section 0606).
c. Complaint/Grievance Investigation. Council Representatives shall be allowed a reasonable amount of time to conduct investigations of Employee or Council complaints or grievances; only one (1) Council Representative per case will be allowed time for this purpose (except as provided in 0604.c).
d. MSPB/OSHA/OWCP/EEOC Hearings. One (1) Council Representative, normally the Council President or his designee, shall be allowed time to attend Merit Systems Protection Board (MSPB), Occupational Safety and Health (OSHA), Office of Worker’s Compensation (OWCP) or Equal Employment Opportunity Commission (EEOC) hearing held within the commuting area, which involves the unit.
e. FSIP Preparation Presentation. Two (2) Council Representatives shall be allowed time to prepare and present the Council’s position before the Federal Services Impasses Panel (FSIP) or other hearing/arbitration official as directed by FSIP.
f. Representation at Grievance Meetings. A Council Representative shall be allowed time to represent an Employee(s) at each step of the grievance procedure. A maximum of two (2) Council Representatives shall be allowed time to represent the Council at arbitration hearings.
g. Witnesses. Time allowed will be granted to Employees requested by a Council Representative to serve as witnesses who are required for Step 2 Grievance Procedure meetings, “On Behalf Of” Employee grievance meetings and arbitration hearings. Approval of the use of such time is contingent on the Deciding Official’s/Arbitrator’s recognition of the pertinence and need for such witnesses.
h. Committees. Official time will be allowed for assigned committee members at committee meetings specified in the Agreement.
i. Notification of Change. The Council’s Contact Person, Council President, or other representatives as appropriate, will be allowed official time to meet with Employer Representatives for the purpose of receiving notification of changes which affect working conditions. A reasonable amount of time will also be allowed to review such changes. Up to three (3) Council Representatives will be allowed a reasonable amount of time to review proposed changes in Shipyard Instructions forwarded to the Council by the Employer (Code 1110) (Section 3801).
j. Consultation/Negotiations. Three (3) Council Representatives may be allowed official time to meet with the Employer for the purpose of:
1. Seeking clarifying discussions in Section 3802.
2. Consultation (Section 3803).
3. Meet and Confer (Section 3804).
k. The President. The President of the Council, the Vice President, Secretary/Treasurer, or their designees, in their absence, will be granted time for all hours of each regularly scheduled workday which is devoted exclusively to work on labor-management relations matters. Due to the nature of the position, the Employer clearly recognizes the need and importance of the Council's Safety Chair and will support the needs of the Council in ensuring that the Employees are adequately represented.
l. Training. The Employer will provide a maximum of 550 man-hours per fiscal year for the training of Council Representatives, who are unit Employees, on labor-management relations matters. The President of the Council will be responsible to the Employer (C/1113) for the management of the time and the certification of unit Employee attendance. The President of the Council will be required to obtain the concurrence of the Employer (C/1113) that training courses, seminars, conferences, etc., are of mutual concern or benefit to the Employer (see Article 15 for Leave of Absence). The Council agrees to schedule its training such that not more than 50% of its representatives are absent from the work site at any one time. Additional training may be provided to an adequate number of representatives where it is agreed that a mutual benefit exists.
m. Use Of Representational Time While In Training.
- The Council recognizes that formal training programs require Employees to spend an appropriate amount of time in class and on the job to timely qualify for the target position. For the purposes of this Agreement, formal training is defined as that training necessary to meet the requirements of a position for which an Employee was selected through the use of competitive procedures in accordance with the provisions of Article 21 or applicable OPM regulations.
- The Council agrees to restrict the use of official time for representation by Council Representatives in formal training programs such that the representative is able to successfully satisfy his/her obligation to timely complete formal training required to qualify for the target position.
- Council Representatives who are subject to this provision will be identified on the Official Master List of Council Representatives.
- The parties agree to meet and discuss on a case basis, any questions/concerns arising over the intent or application of this particular provision.
0610. Space For Representation.
a. The Employer agrees that it may be necessary for a representative to need some privacy when meeting with an Employee. When space is required for this purpose, it will be requested in advance by the Council Representative and scheduled by the supervisor. The parties agree supervisors and representatives should work together in making arrangements for representative/Employee meetings to occur in a quiet area adjacent to the worksite if the immediate work area is not conducive for the meeting.
b. Council Office. The Employer agrees to provide office space for the Council within the geographical confines of the Shipyard. This office space will be approximately 1400 square feet in area and shall be for the exclusive use of the Council. The Employer agrees to provide required building maintenance and the Council agrees to maintain the space in a clean and orderly condition. The Council shall make no alterations to the space without prior written approval of the Employer (Code 1110). The space shall be subject to all required inspections (fire, etc.).
c. Authorized Use. This office is provided for the exclusive use of the Council President except as follows:
- Business Agents and other Union officials who are not Employees of the Shipyard may use the office provided they have obtained proper entry clearance to the Shipyard, and the Employer’s security requirements are met;
- Chief Stewards when investigating or preparing a grievance.
- Conference Committee members preparing an agenda for a meeting with the Shipyard Commander;
- Stewards and unit Employees during their non-duty hours; or when meeting with a Chief Steward.
- Representatives meeting with the Council President (see Section 0609.e, i, and j).
- Representatives who are designated to review specific instructions or serve as members of a bargaining team.
d. The Council accepts the responsibility of insuring the Council office is used solely for the purpose specified in this section.
0611. Council Visitors.
The Council recognizes the security of the Shipyard is of paramount importance to the Employer and the workforce alike. The Employer reserves the right to refuse or limit access to the Shipyard to any person who is not an active Employee. Entrance to the Shipyard may be authorized for non-Employees who have specifically approved business to conduct with Shipyard personnel. Requests for such admission to the Shipyard will be made to the Human Resources Office (Code 1113) which will determine each request on a case-by-case basis. Access to the Shipyard by non-Employees will be administered in accordance with the provisions of the Shipyard Security Instruction.
0612. Sea Trials And TDY Listings.
Subject to the internal security practices, lists of Employees scheduled to accompany ships on trial runs and lists of Employees assigned to special missions outside the Shipyard will be open to the Council. The Council may name Employees from that group to act as Stewards to represent the Council. Such Stewards may conduct business under the provisions of this written Agreement with the Employer’s representative on the trip, normally the Ship Superintendent, but will not conduct business with the Ship’s Commanding Officer or members of the ship’s company.
0613. Computer Support For The Council. The Employer will provide the Council access to the following equipment and services to enhance the efficiency of the Council’s representational efforts and facilitate communication with the Employer:
a. The Council will be provided a minimum of 10 (ten) computers linked to the Employer’s local area network (LAN) at the Council's office, 1 (one) printer, 1 (one) photo copier, 1 (one) fax machine, and 1 (one) scanner. It is understood that at some future time there may arise a need to change the number of computers due to the implementation of the Navy Marine Corps Internet (NMCI). Should such a change be necessary, the Council will be provided prior notification and be given an opportunity to bargain. In addition, the Employer will provide good quality modular furniture, desks, chairs and partitions. These will be maintained and serviced by the Employer and shall remain the property of the Employer. The Council agrees to ensure that this equipment is properly operated and secured to avoid damage by improper operation or theft. The Council further agrees to make no modification to or otherwise alter the equipment in any way.
b. The Council will be provided access to the Employer’s email system on the LAN and email accounts will be established for the Council’s officers and chief stewards. The Council agrees that Council officials and stewards will comply with established Shipyard, Department of Navy and DOD policies regarding the use of local and internet e-mail while using equipment provided by the Employer or connected to the Shipyard LAN. It is agreed that email shall be considered one method of formal communication and may constitute “official correspondence”. Such notifications shall have on the subject line, "Official Notification" and will be directed to the Chief Steward with area jurisdiction, the President and Vice President.
c. The Council will also be provided with the standard suite of software normally installed on Shipyard computers, including, as a minimum, a word processing program and an internet browser. The Council agrees it will not install any software on the Employer provided computers. Council requests for additional software will be submitted through the HRO for Code 1230 action.
d. The Employer will provide the Council four voice telephone lines to the Council office space on the Shipyard and eleven telephone instruments connected to these lines. In addition, the Employer will provide one fax telephone line to the Council office.
e. The Council recognizes the Employer’s right to periodically audit the equipment and to remove any software or hardware not installed and/or authorized by the Employer. The Council acknowledges the Employers right to enforce the security of it’s electronic networks and to monitor the use of its equipment and networks to ensure its use is appropriate and limited to official government business.
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ARTICLE 7
HOURS OF WORK
0701. Policy.
The administrative workweek is the calendar week 0000 hours Sunday through 2400 hours Saturday. The Employer has determined that the basic work week consists of five (5) workdays, on each of which the Employee is scheduled to work an eight (8) hour shift. The standard basic work week will be scheduled over Monday through Friday (Monday through Saturday for swing shift personnel) in accordance with 5 CFR Section 610.121. The Employer has the right to establish non-standard shifts and workweeks for:
a. Work scheduled to accomplish the mission of the Shipyard;
b. Work scheduled to correspond with actual work requirements.
Employees will be provided one week notice of a change in their normal assigned shift. When an emergent change is determined with less than a week of advance notice, the employee will be provided as much advance notice as the circumstance permits.
0702. Standard Work Week And Standard Shift Hours.
The following schedule is the standard schedule to be followed by bargaining unit Employees unless they are specifically authorized to use a non-standard work schedule identified in Section 0703.
It is agreed that for Safety, Ergonomic and Environmental concerns, rest periods of short duration, as the workload permits, may be beneficial to the employee's health and morale. Employees will remain in their immediate work area for rest periods.
0703. Non-Standard Work Schedules.
a. Assignments to non-standard workweek/shifts will be made using the same procedure as assignments to back shifts (see Section 0706).
b. Consideration will be given to those Employees adversely impacted by assignment to a non-standard workweek/shift.
c. The Employer recognizes its obligation imposed by the Act and Article 38, when exercising its rights under 5 USC 7106 and 5 CFR Section 610.
0704. Muster And Shift Turnover.
a. Muster. Each Employee is required to be at the assigned job site or designated muster point, as directed by the supervisor, ready for work at the commencement of the shift. A muster point is defined as the place where the Employee is directed to be by the supervisor at the start or end of the work shift to receive assignment(s), report attendance, etc.
b. Shift Turnover. Employees will not be required to perform production work or report for specific instructions that are in connection with their work assignment prior to the start of their shift without compensation. The movement of tool boxes and equipment are considered a duty assignment.
c. Pre-shift/Post-shift Activity. If a pre-shift/post-shift activity is considered work and involves a substantial amount of time and effort, the time spent is subject to pay in accordance with regulations.
0705. Qualifications.
The term “qualifications” has been determined by the Employer to include, but is not limited to: Training, experience, job knowledge, certification(s) and critical attributes pertinent to the job assignment. In some instances the skill mix may necessitate a differing level of the above qualifications and attributes.
0706. Assignment To Backshifts.
Assignments to backshifts will be made as fairly and equitably as practical while ensuring the mission requirements of the Shipyard are met. In addition it is agreed that the employer will determine the trades, numbers of employees, job ratings, qualifications, when assigning unit employees to backshifts. Selections from among employees meeting the assignment requirements will be made in accordance with the following:
a. Volunteers. When vacancies occur on backshifts, qualified volunteers will be given first consideration for the assignment. If the number of qualified volunteers exceed the number of vacancies, seniority will be used in selecting volunteers. Seniority will be determined by use of the retention register, unadjusted for performance ratings. The Employer will start with the most senior qualified volunteer, and will rotate through the retention register in offering shift assignments. Once a volunteer receives an assignment, he/she will not be eligible for consideration until a full rotation of the volunteers on the retention register has occurred.
1. Identification of volunteers. Shops and codes may maintain ongoing volunteer lists. Where lists are maintained, employees are responsible for notifying the Resource Office or applicable supervisor of their desire to be included on (or removed from) the volunteer list. Volunteer lists will be updated quarterly. Where volunteer lists are not maintained, Shops and codes will solicit among qualified employees for volunteers when assignments arise.
b. Non-volunteers. If an insufficient number of volunteers are available for the backshift assignment, the Employer will start with the least senior qualified employee, and will rotate through the retention register, unadjusted for performance ratings, in inverse order, in making the backshift assignments. Once a non-volunteer receives an assignment, he/she will not be considered for a further involuntary shift assignment until a full rotation of the retention register has occurred. Employees may be excused from an assignment if sufficient justification of a hardship is provided. In those cases, employees will retain their position in the rotation for future consideration.
c. Exceptions and limitations. It is understood that in some limited circumstances assignment to a shift may be justified without the use of seniority in order to meet the mission of the Shipyard due to such factors as the Employee's current or near-future critical job assignment.
d. Duration. It is understood that volunteers, will be entitled to that assignment for a minimum of one year from the date of assignment. Non volunteers will be relieved of their backshift assignment after 120 days. It is understood that due to work load, these entitlements may be waived to support the mission of the Shipyard. Employees who request a change of shift from or to backshift due to personal hardship will be given special consideration at the time they make their hardship known.
e. Records. The Employer will maintain records of backshift assignments for a minimum of two years. The Council may review such records to resolve specific problems. Disclosure of records will be in accordance with Article 3009 of this Agreement.
0707. Working Lunch.
It is recognized that at times it may be necessary to work Employees through all or part of their lunch period. When Employees are worked through their normal lunch period, they will be provided time equal to the scheduled lunch immediately before or after their normal lunch period. If supervision is unable to provide a full lunch period, the supervisor has the option of releasing the Employee early, or charging the extra time as overtime payment. The supervisor will give credible consideration to the Employee's desire for overtime or early release.
0708. Clean-up Time.
Reasonable time for clean-up prior to lunch and the end of the shift will be allowed to each Employee whose duties have been determined as requiring clean up for the control of health and the hazards present.
0709. Securing And Protecting Tools And Government Property.
The Employer will allow time, as appropriate to the work situation, prior to leaving the work site for protection of property and equipment as follows:
a. When an Employee is in possession of delicate instruments, portable power tools, and other Government equipment or other tools that must be placed in safekeeping or returned at the end of each shift for checking or preventive maintenance.
b. When an Employee is in possession of classified documents that must be returned to classified storage.
c. When an Employee is using hazardous industrial material (as defined by the Employer in accordance with law and regulations) that must be properly stored.
0710. Automated Access Control System.
The following guidelines apply to the Employer's operation of the Automated Access Control System (AACS) or "turnstiles".
a. The AACS will not be used for timekeeping purposes. The purpose of the AACS is for security matters. Requests for AACS information will be via official requests. When such official requests are made for AACS data on bargaining unit Employees for administrative purposes, copies of those requests will be forwarded to the affected employee and the Council. This does not apply to requests for ACCS made under the provisions of the Freedom of Information Act, Privacy Act, or those initiated by the Security Offices, criminal investigators, Internal Review Office, or Legal Office. At such point that any related criminal investigation is completed or the decision is made to handle a matter through administrative action, the Employee and the Council will be notified of the request for the information.
b. The Council acknowledges that the determination as to who may be granted access into controlled spaces is exclusively that of the employer.
c. The Employer agrees to assure that the area around an ACCS badge reader will be properly lighted 24 hours a day and that the badge reader will have weather protection.
d. The Employer agrees to maintain a working telephone in unmanned AACS badge reader areas which may constitute an entrapment hazard and will assure timely response to an emergency relating to an employee being stuck in a passage controlled by an AACS badge reader.
e. The Employer agrees to process written Employee claims for compensation for time an employee is retained in or kept out of areas controlled by AACS as a result of security or other drills, power outages, or inoperable AACS equipment. Such claims must be submitted in writing to an employee's immediate supervisor or designee and will include all pertinent facts. The Employer will provide approval or disapproval within two (2) working days. Disapproval may be grieved through the Negotiated Grievance Procedure. Employees whose access is blocked by inoperable equipment are expected to make other reasonable efforts to gain proper entry to their work area, using methods such as contacting nearby security personnel or contacting their supervisor or coworker.
f. Employees will be given oral and/or written notice of areas to which they have access privileges. They will be given similar notice when their access to a controlled area is being withdrawn.
0711. Changes To Tours Of Duty, Night Pay And Shift Differential.
a. As prescribed in 5 CFR 610, when the Employer knows in advance of the beginning of an administrative workweek (see 0701) that the specific days and/or hours of a day actually required of an Employee in that administrative workweek will differ from those of their current administrative workweek, the Employer will reschedule the Employee's regular scheduled administrative workweek to correspond to those specific days and hours at least one week in advance of the new administrative workweek. When such changes are made, the Employer will officially notify the Employee of the change and make a record of the change in the timekeeping system.
b. In accordance with 5 CFR 532, Wage System (WG or WL) Employees who are officially assigned to a tour of duty that qualifies them for night shift differential will continue to receive that differential until their administrative workweek is properly changed. Tours of duty which result in the payment of night shift differential will not be changed for periods of less than a pay period. Wage system Employees, who are assigned to a tour of duty qualifying for night shift differential, even though they may be temporarily working day shift hours under the following circumstances:
1. They are attending training; or,
2. They are traveling to or from a TDY site at which they will be working a tour of duty qualifying for night shift differential; or,
3. They are on approved leave; or,
4. No official change has been made to their administrative workweek.
c. General Schedule (GS) Employees are entitled to receive night differential (in accordance with 5 CFR 550.121) for regularly scheduled work performed between the hours of 1800 and 0600. GS employees who normally work hours qualifying for night pay differential, but who are temporarily assigned to work hours that do not include performance of work between 1800 and 0600, may not receive night shift differential. GS Employees whose tour of duty regularly includes hours between 1800 and 0600 will be paid night pay differential for the hours they normally perform work during the differential period:
1. When they are excused from night work on a holiday or other non-work day falling during their regularly scheduled administrative workweek and tour of duty; or,
2. While the Employee is on leave, when the total amount of that leave during that pay period is less than eight (8) hours.
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ARTICLE 8
OVERTIME
0801. Policy.
Assignments to overtime shall be distributed as fairly and equitably as practicable annually under the following conditions:
a. In order to effectively and efficiently accomplish the tasks of the shipyard, the employer shall determine the numbers, job ratings, and qualifications required to meet its overtime requirements, and identify the employees who meet those requirements.
b. However, in the interest of equitable distribution, employee morale, job continuity and economy of operations, when making overtime assignments, first selection may be made from those employees currently assigned to the job on that shift. Selection shall next be made from those employees assigned to the crew, then project, then the applicable shop volunteer overtime list. Under this article, equitable shall be defined as each employee having the same opportunity to have worked the overtime and then distributed among the employees in question. Work assignments will be made, to the extent practicable, toward the fair and equitable distribution of overtime. It is the intention of both parties that non-selection shall be a rare occurrence and must be substantiated and communicated to the employee upon request.
It is the intent of the parties to reduce such imbalances to the extent practicable consistent with the provisions of this article.
The Council recognizes the employer’s right to require employees to work overtime. However, upon request, an employee may be relieved from an overtime assignment provided that another employee with the desired qualifications is available and willing to work. Whenever possible and in accordance with 0701, an employee will not be required to work more than thirteen (13) consecutive days. The employer reserves the right to require employees to report for overtime work, but will reasonably accommodate an employee's request for relief of the overtime assignment for observance of their religious faith in accordance with Title VII of the Civil Rights Act of 1964.
0802. Employee Notification.
In the assignment of overtime the Employer will provide the Employee with as much advance notice of tentative overtime work as practical. Whenever possible, the Employer will give twenty-four (24) hours notice of overtime to be performed outside the Employee’s basic workweek. However, during emergent situations, and whenever possible, confirmation of instructions to report for overtime will be given no later than mid-shift of the last scheduled shift before the overtime commences. The Council recognizes that in some cases little or no advance notice may be possible because of various factors such as the relationship between the sequential nature of work operations and conflicts between crafts in the physical area required for operations. If advance notification is not possible, the Employer will give strong consideration to the Employee’s personal circumstances in relieving the Employee of the overtime assignment.
0803. Employee Absence On An Overtime Day.
When an illness or an emergency which could not be approved in advance necessitates an Employee’s absence from scheduled overtime, the Employee shall notify their supervisor or other designated personnel prior to the start of the scheduled shift or as soon thereafter as possible in accordance with Sections 1302 and 1405. The Employee is responsible for justification of absence on an overtime day upon return to work.
0804. Extended Shift.
When an Employee is scheduled to work an extended shift, the provisions of Sections 0704, 0707, and 0708 apply. If an Employee is working an extended shift of more than eight (8) hours a day the Employer agrees, upon request, to have a discussion with the Employee prior to assigning such work for more than six (6) consecutive days. The Council recognizes there may be unique circumstances when a discussion may be precluded under the provisions of 5 CFR 610.121. When Employees are assigned to extended shifts, the Employer will consider an Employee’s request for a non-paid thirty (30) minute lunch break at the end of the first eight (8) hours, and may assist the Employee in making appropriate arrangements for food to be available at the Employee’s expense. The Employer will give careful consideration to any reasons the Employee might offer for being relieved from the assignment.
0805. Minimum Overtime.
The Employer agrees to make a reasonable effort to provide at least four (4) hours of work to an Employee who is required to perform irregular or occasional work on an overtime basis on a nonscheduled workday. When the services of the Employee are not required for this period of time, the Employee will be paid a minimum of two (2) hours overtime pay for each “call back”.
0806. Call Back Overtime.
The following provisions will apply to situations involving “call back” overtime:
a. An Employee will not be placed in a leave without pay status during the basic workweek solely to avoid payment of overtime.
b. An Employee may request to be placed in an annual leave status for all or any portion of the regular shift.
c. An Employee may request to have their shift hours changed for the following shift.
0807. Relationship To Leave.
An Employee’s approved absences during the basic workweek shall not be considered in determining which Employee will be selected for an overtime assignment.
0808. Records.
The Employer agrees that each Supervisor will maintain overtime records which will reflect:
a. Days the Employee worked overtime:
b. Days the Employee was provided the opportunity to work overtime; and
c. Days the Employee failed to report for overtime.
Such records shall be made available to a Council Steward to that extent necessary for the purpose of resolving an Employee’s complaint alleging inequities in overtime. Such requests by a Council Steward must specifically identify the Employee(s) involved.
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ARTICLE 9
HOLIDAY WORK
0901. Policy.
Insofar as possible and in keeping with the Employer’s need for holiday work, assignment to holiday work shall be made by following the procedures specified in Article Eight, Sections 0801 and 0802. It is also the Employer’s policy that the occurrence of a holiday, prescribed by Federal Law or Executive Order, may not affect the designation of the basic workweek.
0902. Holidays.
The following are legal public holidays and will be observed as noted:
a. New Year’s Day, January 1
b. Martin Luther King Day, the third Monday in January
c. President’s Day, the third Monday in February
d. Memorial Day, the last Monday in May
e. Independence Day, July 4
f. Labor Day, the first Monday in September
g. Columbus Day, the second Monday in October
h. Veterans Day, November 11
i. Thanksgiving, the fourth Thursday in November
j. Christmas Day, December 25
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ARTICLE 10
ENVIRONMENTAL DIFFERENTIALS
1001. Policy.
The Shipyard has as one of its continuing objectives the elimination or reduction to the lowest possible level of all hazards, physical hardships and working conditions of an unusually severe nature. When Shipyard action does not overcome the unusually severe nature of the hazard, physical hardship or working condition, an environmental differential will be paid to the Employees exposed to such situations. Even though an environmental differential is authorized, continuous positive action must be taken to eliminate danger and risk which contribute to or cause the hazard, physical hardship or working condition of an unusually severe nature. Authorization to pay an environmental differential is not an approval of work practices which circumvent safety rules and regulations.
1002. General Conditions
For Environmental Differential. Pay for environmental differential is authorized: (1) for exposure to an unusually severe hazard which could result in significant injury, illness, or death, such as on a high structure when the hazard is not adequately alleviated by mechanical equipment or protective devices being used or on an open structure when adverse conditions such as darkness, lightning, steady rain, snow, sleet, ice or high wind velocity exist; (2) for exposure to an unusually severe physical hardship under circumstances which cause physical discomfort or distress not adequately alleviated by mechanical equipment or protective devices being used; (3) for exposure to an unusually severe working condition under circumstances involving exposure to fumes, dust, or noise which causes significant distress or discomfort in the form of nausea, or skin, eye, ear, or nose irritation or conditions which cause abnormal soil of body and clothing, etc., and where the distress or discomfort is not adequately alleviated by mechanical equipment or protective devices being used. Such exposures which are unusual to a rating are not taken into consideration in the job grading process, and additional pay for exposures to those unusual conditions is provided through environmental differentials.
1003. Employee Payment Schedule.
Federal Wage System Employees will be paid environmental differentials, when warranted, in accordance with Appendix A to 5 CFR 532, Subpart E, hereinafter referred to as "Appendix A". It is understood that the work categories set forth in Appendix A are not all-inclusive. Absence of a specific work category will not preclude payment of a new environmental differential, provided that the basic Office of Personnel Management requirements are satisfied.
1004. Notification To/By Employee.
Immediate supervisors will notify Employees promptly when environmental pay is authorized in accordance with the categories of Environmental Differentials defined in Appendix A. If at any time during a job assignment an Employee believes that additional pay is warranted, the Employee will call the matter to the attention of the immediate supervisor who will advise the Employee if additional pay may be allowed. Any complaint regarding environmental pay not promptly resolved by discussion between the Employer and the affected Employee may be handled under the Negotiated Grievance Procedure.
1005. Multiple Exposure And Back-Shift Payment.
Members of the Unit subjected to more than one hazard, hardship, or condition as listed in Appendix A at the same time, shall be paid for that exposure which results in the highest environmental differentials, but shall not be paid more than one differential for these same hours of work. Employees performing work on second and third shifts shall receive applicable shift differential pay in addition to any environmental differential pay which is authorized.
1006. Overtime Differential Payment.
When an environmental differential is paid on the basis of all hours in a pay status, members of the unit will also be paid the differential during a period of overtime that occurs on the same day. The overtime pay will be one and one-half times the basic hourly rate, including the environmental differential. When members of the unit are paid an environmental differential on an actual exposure basis, they will be paid that differential at the overtime rate only if the exposure for which the differential is authorized occurs during the overtime period.
1007. Application To Other Pay And Benefits.
Environmental differential is included as part of the Employee’s basic rate of pay and shall be used to compute premium pay such as overtime and holiday work or the amount from which retirement deductions are made or on which group life insurance is based. Environmental differentials are not included in lump sum annual leave payments or in computing severance pay. Environmental differentials are stated in percentage amounts and are authorized for the categories of exposure as described in Appendix A. The amount of the environmental differential which is payable is determined by multiplying the percentage rate authorized for the described exposure by the second step for Grade WG-10 on the current regular non-supervisory wage schedule for the area, counting one-half cent and over as a full cent. The resulting cents-an-hour amount is paid uniformly to each wage Employee in the unit who qualifies for the authorized environmental differential, regardless of the grade level of the wage Employee or the Federal Wage Survey wage schedule on which the Employee is paid.
1008. Application Of Differential Pay Categories.
The categories of environmental differentials listed in appendant Articles are broad guidelines only. Work conditions applicable to General Schedule (GS) Employees are contained in NAVSHIPYDPUGETINST 12531.4A. Work conditions applicable to Federal Wage System Employees (WG) are contained in NAVSHIPYDPUGETINST 12532.4. Both NAVSHIPYDPUGETINSTs will be posted on all official bulletin boards. Applications of approved environmental categories within the Shipyard are matters appropriate for discussion between the Employer and Council as the need for change arises in accordance with the provisions of Article 38. When a new work condition develops which is not covered by the authorized categories of differentials in the appendant Articles, but is considered by either the Employer or the Council to warrant an environmental differential, a differential may not be paid, however, action may be promptly initiated by either party via appropriate channels to the Office of Personnel Management for consideration. Once it is determined that the differential is covered under authorized categories of the environmental schedule, retroactive pay shall be made from the effective date specified by the Office of Personnel Management to cover such differential, if an Employee has been previously exposed.
1009. Back Pay Adjustment.
If an Employee is restored to former entitlement for environmental differential pay as a result of an Employee’s acknowledgment that the Employer’s action in terminating the Employee’s environmental pay was improper, the restoration of pay shall be made retroactively effective to the date of the improper action in accordance with Title V, Section 5596 (Back Pay Act), as long as the provisions of that Act are met.
1010. Payment On Actual Hours Basis.
a. When an Employee is entitled to an environmental differential which is paid on an actual exposure basis, the Employee shall be paid a minimum of one hour’s differential pay for the exposure. For exposure beyond one hour, the Employee shall be paid in increments of one-quarter hours for each 15 minutes and portion thereof in excess of 15 minutes.
b. When an Employee is exposed at intermittent times during a day to a hazard, physical hardship, or working condition for which the environmental differential is paid on an actual exposure basis, each exposure is considered separately and the amount of time exposed is not added together before payment is made for exposure beyond one hour’s duration, except that pay for the environmental differential may not exceed the number of hours of active duty by the Employee on the day of exposure.
1011. Payment On An All Hours Basis.
When an Employee is exposed to a situation for which an environmental differential is authorized on the basis of hours in a pay status, that differential will also be paid during any period of absence on paid leave on the day on which the exposure occurs.
1012. Information On Pay Categories.
Appendix II lists those environmental categories, contained in Appendix A, which may be encountered at Puget Sound Naval Shipyard. Appendix III is a summary of other categories listed in Appendix A which are not expected to be encountered at Puget Sound Naval Shipyard, but would apply where warranted.
1013. Information For General Schedule Employees.
Environmental differentials for General Schedule (GS) Employees will be paid in accordance with 5 CFR 550 Subpart I Appendix A. A partial listing of payable circumstances and amounts is contained in Appendix IV of this agreement.
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ARTICLE 11
TRAVEL
1101. Policy.
Travel and off-station temporary duty (hereinafter referred to as TDY) assignments are conditions of employment. Employees who are sent on travel or TDY are required to exercise care in incurring expenses and expending government time and resources in accomplishing the mission. Reimbursement of per diem and travel expenses will be at rates consistent with the provisions of the Joint Travel Regulations (JTR), Volume II.
1102. Selection And Assignment To TDY.
TDY assignments will be made as fairly and equitably as practical while ensuring the mission requirements of the Shipyard are met. It is agreed that the Employer will determine the trades, numbers of Employees, job ratings, qualifications, (pursuant to Article 0705) when assigning unit Employees to TDY. Selections from among Employees meeting the assignment requirements will be made on an rotational basis of the retention roster. The retention roster will be reset every eighteen months.
a. Volunteers. When a need for a TDY assignment occurs, qualified volunteers will be given first consideration for the assignment. If the number of qualified volunteers exceed the number of vacancies, seniority will be used in selecting volunteers. Seniority will be determined by use of the retention register, unadjusted for performance ratings. The Employer will start with the most senior qualified volunteer, and will rotate through the retention register in offering TDY assignments. Once a volunteer receives an assignment, he/she will not be eligible for consideration until a full rotation of the volunteers on the retention register has occurred. Volunteers who provide sufficient justification of a hardship as the reason for declining a TDY assignment will retain their position in the rotation for future consideration.
1. Identification of volunteers. Shops and codes may maintain ongoing volunteer lists. Where lists are maintained, Employees are responsible for notifying the Resource Office or applicable supervisor of their desire to be included on (or removed from) the volunteer list. Volunteer lists will be updated quarterly. Where volunteer lists are not maintained, Shops and codes will solicit among qualified Employees for volunteers when assignments arise.
b. Non-volunteers. If an insufficient number of volunteers are available for the TDY assignment, the Employer will start with the least senior qualified Employee, and will rotate through the retention register, unadjusted for performance ratings, in inverse order, in making the TDY assignments. Once a non-volunteer receives an assignment, he/she will not be considered for a further involuntary TDY assignment until a full rotation of the retention register has occurred. Employees may be excused from an assignment if sufficient justification of a hardship is provided. In those cases, Employees will retain their position in the rotation for future consideration.
c. Exceptions and limitations. It is understood that in some limited circumstances TDY assignments may be justified without the use of seniority in order to meet the mission of the Shipyard (examples include emergent assignments or functional teams such as Battery Replacement Team, Hatch Team, Sail Team, Steam Generator Team, etc.). In addition, it will be necessary in some cases to pass over volunteers or non-volunteers who are otherwise eligible for the assignment due to such factors as the Employees’ current or near-future critical job assignment.
d. Assignment. Once a unit Employee arrives at the TDY station, the Employee will remain there until the work is finished or relieved from duty. However, Employees may be relieved from duty if mitigating circumstances require the Employee to request return to the Shipyard due to unforeseen emergencies, illness, or exigencies.
e. Records. The Employer will maintain records of TDY assignments for a minimum of two years. The Council may review such records to resolve specific problems. Disclosure of records will be in accordance of Article 3009 of this Agreement.
1103. Notification And Pre-Trip Brief.
a. Unit Employees proposed for TDY off-station will be informally alerted as soon as practical that travel may be necessary. During this discussion, the Employee will be given as much information as is then known concerning the TDY. The Employer will have published material available for Employees reading and information.
b. When Employee(s) are selected for TDY the Employee(s) will be briefed by a representative of the Employer. Employee(s) will be given as much information as is known concerning the TDY including but not limited to travel and accommodation arrangements, duty hours, departure and return dates, applicable per diem rates, and whom to contact when questions arise about travel, etc. The Employer will advise Employees as soon as possible of any changes or modifications which may reduce the Employee’s expense entitlements. Travelers will be apprised of the name of the Council Representative (if any) who is assigned. A Council Representative will be notified and may attend the briefing to monitor the information given Employees when ten (10) or more unit Employees are selected for a TDY assignment.
1104. Travel Orders And Advances.
a. The Employer’s goal is that travel orders will be prepared and will be issued in a timely manner. Normally, a copy of the final travel orders, advanced funds (if any are authorized) and transportation tickets will be provided at least one (1) full work day prior to the scheduled departure date. The Employer may not be able to make timely delivery of the necessary documents due to circumstances. In such circumstances, the Employer will make every effort to provide for any authorized advance in time for Employees to transact related business with a financial institution. The Employer recognizes the Employee(s) concern that they have sufficient time to convert the checks or any electronic advances to cash and/or travelers checks prior to departure. If the advance has not been delivered by 1200 hours on the last normal workday prior to the scheduled departure, time allowed may be granted to accomplish this transaction at a banking facility on the Shipyard or one in the immediate area of the Shipyard (i.e., within a few blocks).
b. Employees who perform TDY travel will normally obtain and use a government charge card for that purpose. The Employer will assist employees in obtaining such cards and will provide information regarding how they are to be used. Employees with government charge cards can obtain cash advances for TDY travel through the use of automated teller machines (ATMs) and other expenses can be paid with the card. Employees are responsible for timely payment of the charge card balance upon receipt of reimbursement for the travel expenses. If the TDY assignment is to an area where a government charge card cannot be used, Employees will be advanced 80% of the estimated per diem and 100% of out-of-pocket expenses. If an Employee does not have a government charge card, and is being required to travel with insufficient notice to obtain a government charge card, that employee will be provided an advance of 80% of the total projected per diem and 100% of out-of-pocket expenses authorized under the JTR. The Council agrees to assist the Employer by encouraging employees to obtain and properly use the government charge cards to promote efficiency and minimize the number of required exceptions to the normal process.
c. Upon completion of a TDY, Employees are responsible for justifying the expenditure of advanced funds and for reimbursing the Shipyard for advanced funds in excess of allowed expenditures. Employees are cautioned to keep complete and accurate records.
d. Employees returning from TDY who are entitled to a reimbursement of funds shall receive that reimbursement within twenty (20) calendar days of submission of their completed travel claim to the Employer.
1105. Time Of Travel.
The Employer agrees that where practical and within the control of the Employer, Employees on official travel will perform that travel during periods for which they can be compensated. Employees will be compensated for travel in accordance with applicable laws, rules, and regulations.
1106. Utilization Of Government Quarters.
a. Employees on TDY away from Puget Sound Naval Shipyard shall not be required to utilize government quarters whenever the quarters are deemed inadequate under Department of Navy regulations. Upon request the Employer will provide the Council a current listing of government quarters which have been determined to be inadequate.
b. Normally the Employer will determine in advance of the Employee’s departure from PSNS, if adequate government quarters are available at the TDY duty station. If the Employer determines that adequate government quarters are not available, the Employee will not be required to obtain an endorsement(s) at the TDY station that such quarters are not available.
c. The Employer agrees to attempt to provide the following minimum living conditions for Employees who are required to stay in Government quarters on TDY in order to promote full performance of their assigned duties. Final authority to determine adequacy and availability of quarters rests with the Commanding Officer (or designated representative) of the activity at which the quarters are located. However, if upon arrival the government quarters are determined to not meet the adequacy standards, the Employer will take whatever action it deems necessary to provide adequate quarters for the Employees.
1. All quarters shall be clean and in good condition with bathroom facilities located in or near the room.
2. There shall be a telephone available, in working condition, for the Employees’ use within or near the room in which they reside.
3. Quarters shall be reasonably free from noise and disturbance in order to allow adequate sleep and rest by the Employees.
4. Quarters shall have reasonable heating and ventilation.
5. Adequate eating and shopping facilities shall be available within a reasonable distance from the quarters.
6. Reservations will be requested prior to the Employee’s departure for TDY assignment.
1107. Rest Prior To TDY.
Where practical and within the control of the Employer, the Employer agrees to schedule TDY so that when Employees travel outside their regularly scheduled work-shift, there shall be an interval of not less than eight (8) hours between check in at their TDY lodging and the beginning of the first work-shift.
1108. Council Representatives.
The Council retains the right to designate an Employee from the group to act as a steward for those Employees on the TDY assignment. The Council President will provide written notice of the name of the Council Representative or designated representative to the Employer, Code 1113.
1109. General Provision.
The terms and provisions of this Agreement will apply to all unit Employees assigned to TDY duty stations. Complaints or grievances concerning the provisions of this Article shall be processed under the terms outlined under the Grievance Procedure of this Agreement. Grievances regarding matters which occur while on TDY must be submitted in accordance with the time frames specified in Section 3002.b.
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ARTICLE 12
DUTY ABOARD VESSELS UNDERWAY
1201. Policy.
An Employee is considered to be in a regular work status when assigned to duty aboard vessels underway, except as provided in Section 1203. The Employee will be compensated at the basic and overtime rates for the actual work performed. The Employee’s hours at work will be adjusted to ensure the Employee’s eating, sleeping and non-work periods will be compatible with the ship’s routine and mission requirements.
1202. Additional Compensation.
An Employee will be paid for overtime, holiday work, shift differentials and environmental pay differentials, such as duty aboard a submerged vessel, in accordance with applicable regulations.
1203. Standby Duty Status.
An Employee may be ordered to standby duty status thus holding in a position of readiness while aboard ship to perform work when the need arises or when called. An Employee will be paid for sixteen (16) of the twenty-four (24) hours, commonly known as the two-thirds rule. If the Employee actually works in excess of sixteen (16) hours, the Employee will be paid for all hours of actual work and standby duty performed during that twenty-four (24) hour period less the time excused from work.
1204. Travel Orders.
An Employee assigned to duty aboard a vessel underway is considered to be in a travel status and will be issued temporary travel orders. The Employee will be entitled to reimbursement for actual cost of meals and the per diem rate prescribed by Joint Travel Regulations for duty aboard a Government ship. The travel orders shall contain a statement indicating the Employee is either in a regular status or standby duty status.
1205. Accommodations.
Prior to an overnight trial trip or other trips in which Employees are required to be on board the ship overnight, the Employer will ensure that suitable sleeping accommodations, including blankets, pillows and clean linen are provided for each Employee. A Council Representative may 41 examine accommodations at least twenty-four (24) hours prior to ship’s departure for the trial trip. Employees will be informed as to the nature of the eating/sleeping arrangements that have been made prior to embarking.
1206. Assignment To Sea Trials.
Employees will be assigned to trial trips as equitably as possible, prime considerations being given to the qualifications of the Employee, significant among which is the ability to use the equipment being tested. The Employer agrees, upon reasonable request, to relieve an Employee from a trial trip assignment provided another qualified Employee is available for the assignment. The Employer shall determine the numbers and qualifications required for the trial trip, shall determine those Employees that satisfy the requirement, and shall select and assign Employees to the trial trip accordingly. It is recognized that an Employee working on certain equipment would normally be expected to accept a sea trial assignment to check out that equipment.
1207. Sea Trial Safety Orientation.
The Employer will assure, prior to departure for a trial trip, that lifesaving equipment is available for all Employees. Employees will be given appropriate instructions concerning fire, collision, and abandon ship procedures.
1208. Records.
The Employer (Code 1113) will advise the Council of anticipated trial runs as early as practical. The Employer will open the trial lists of Employees for Council viewing twenty-four (24) hours prior to departure.
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ARTICLE 13
ANNUAL LEAVE
1301. Policy.
Employees may request annual leave for vacation and personal or emergency purposes.
a. Annual leave is a vested right to be used by the Employee; however, the scheduling of annual leave is subject to the needs of the Employer. The Employer recognizes an Employee may have an emergency requiring the Employee’s absence from work. Except for emergencies an Employee will make arrangements for annual leave in advance of the Employee(s’) need. Every Employee is responsible for maintaining regular attendance and for ensuring that the Employer is kept informed of any absence from scheduled work. Subject to the needs of the Employer, approval of an Employee’s request for annual leave should be given serious consideration when the request is submitted with reasonable advance notice.
b. This Article will establish procedures Employees will follow in making notification, arrangements, requests, and justification for these absences and that supervisors will follow in acting upon the Employees’ requests.
1302. Reporting Unexpected Absence Due To Emergency.
a. When an emergency (a sudden or unforeseen situation that requires immediate action) necessitates an Employee’s absence which could not be approved in advance, an Employee must notify one of the following:
1. Their Shop or Code;
2. Their immediate supervisor;
3. Personnel designated by the Shop/Code or telephone recording devices;
4. Where the Shop or Division has issued specific written instructions, Employees will follow the instructions. Any such written instruction will be consistent with the terms of this Agreement.
b. Employees should make notification prior to the start of the scheduled shift to which the Employee is assigned; or unless justified by circumstances, no later than one and one-half hours after the shift has started. If extenuating circumstances keep the Employee from serving notice, the Employee is obligated to make notification at the first practical opportunity. If the Employee fails to make this timely notification, the Employer may carry the Employee in an absent without leave (AWOL) status pending submission of justification for the absence.
c. If an unexpected absence extends beyond one (1) workday, the Employer must be informed of continued absence on a day-to-day basis and the probable date of return to work, unless other arrangements are made with the immediate supervisor/Shop/Code.
d. Upon timely notification, the Employer will usually carry the Employee in an approved leave status. However, if the particular circumstances warrant, the Employer may carry the Employee in an absent without leave (AWOL) status pending the submission of acceptable evidence of justification. Normally the Employee will be advised in advance if they will be carried in an AWOL status.
e. Notice of an emergency is deemed to be merely notification of absence. Employees must submit a Request for Leave or Approved Absence (SF-71) on the day they return to work. The approval of emergency leave by a supervisor is contingent upon the Employee’s justification for the absence upon return to work. The Employer reserves the right to disapprove an application for annual leave if the Employee does not provide reasonable justification for the absence from work.
f. When the Employer feels there is not justification for the absence, the supervisor will discuss those concerns with the Employee, and communicate to the Employee, what evidence is needed to establish justification. The Employee will be allowed an additional five (5) workdays in which to provide sufficient evidence of justification for the absence. Upon receipt of the evidence of justification or after the five (5) workday period, the supervisor has an additional five (5) workdays to take action on the request (SF-71). If the leave is disapproved, a copy of the original leave application will be returned to the Employee, with the reason for denial. Upon receipt of the application the Employee has fifteen (15) working days to appeal the decision under the Negotiated Grievance Procedure.
g. The parties agree that death or serious illness in the Employee’s immediate family constitutes sufficient grounds and justification for authorized leave.
1303. Request For Vacation.
a. Employees will schedule their vacation plans with their supervisor.
b. The Employer agrees to schedule one (1) period of approved leave for vacation purposes so that each Employee may use at least two (2) consecutive weeks per year for those who earn thirteen (13) days and at least three (3) consecutive weeks for those who earn twenty (20) days or more, providing the leave is available and the Employee requests the leave prior to 15 April of each year.
c. To schedule leave for vacation an Employee will submit a Request for Leave or Approved Absence (SF-71) to the immediate supervisor. The application shall indicate PLANNED VACATION in the space provided for remarks. In scheduling the vacation the wishes of the Employee will be given prime consideration. Once an Employee has agreed upon a vacation period, the selection may not be changed if that change would disturb the choice of another. All changes are subject to the provisions of Section 1301.
1304. Curtailment Of Leave Usage By The Employer.
a. Due to workload or emergency situations, the Employer may be forced to curtail the use of leave. In these instances the Employer will:
1. In the case of planned vacation give consideration to the Employee’s problems in making vacation plans such as: Spouse employment, children(s) school schedules, costs incurred by Employee, etc., and to this end, when practical, will consider shifting the workforce, seeking a volunteer to withdraw vacation plans, etc., to avoid or ease the impact on an Employee.
2. Endeavor to give Employees as much advance notice as possible.
3. Explain the reasons for the curtailment to the affected Employee(s).
4. Return the leave application to the Employee with the reason(s) for the denial entered in the appropriate box.
b. The Employer requires supervisors to work with Employees to timely reschedule canceled vacation periods provided the Employee has requested rescheduling.
1305. Request For Other Annual Leave.
a. It is of mutual benefit that Employees will inquire about workload and availability of annual leave for planning purposes. If the Employee informally asks for annual leave, the immediate supervisor will respond informally.
b. If an Employee submits a Request for Leave or Approved Absence (SF-71) to the immediate supervisor, the immediate supervisor will notify the Employee within 48 hours after the Employee requests a response to the leave application. If disapproved, the immediate supervisor will return the disapproved application to the Employee with the reason for denial entered on the application.
1306. Birthdays.
Employees will (except in unusual circumstances) be allowed to use annual leave on their birthday, provided the Employee has sufficient leave accrued. Such leave shall be requested at least three (3) workdays in advance.
1307. Must Leave (Use or Lose).
a. Employees and supervision should work together in scheduling annual leave during the leave year to avoid forfeiture of annual leave. When workload permits, supervisors shall consider the Employee’s annual leave desires and vacation plans in scheduling the utilization of “must” leave (sometimes known as “use or lose” leave).
b. Employees will be required to use all must leave each leave year unless the exigencies of Shipyard business cause cancellation of such leave, or it cannot be used because the Employee has been on extended leave. Must leave shall be scheduled prior to the start of the third pay period before the end of the leave year or the Employee may not be allowed carry-over leave. If the Employer cancels such leave or the leave could not be used because the Employee was on extended leave, and the leave cannot be used prior to the end of the leave year, Employees will be credited with carry-over leave.
1308. Forced Leave For Planned Shutdowns.
When the Employer schedules or effects a temporary shutdown, the Council will be advised of the reason(s) and date(s) as soon as practical. Subsequently, unit Employees will be notified of the temporary closure. An Employee may request to be placed in a Leave Without Pay (LWOP) status to preserve leave for vacation purposes. Requests for LWOP will be approved in accordance with regulations and current Shipyard Commander policy. Employees who do not have sufficient annual leave credits, upon request by the Employee, will be advanced annual leave in accordance with regulations.
1309. Forced Leave For Unplanned Circumstances.
The Council recognizes the Employer must have the ability to act in emergencies or other circumstances such as interruption or suspension of a ship trial run or ship movement. In the event the circumstance develops too late to give Employees adequate notice of changes, the following policy will be followed:
a. If the situation develops outside an Employee’s assigned shift, the Employer agrees that the Employee will not be placed on leave unless the Employee is notified prior to leaving the Employee’s place of residence.
b. The Employer will attempt to resolve the situation by assigning Employees to other work, considering voluntary applications for annual leave from Employees in the affected area, or by requiring the use of annual leave or leave without pay.
c. Subject to specific work requirements and constraints, Employees who have been forced to take leave in these circumstances shall be given credit for this time when application of the provisions of 1310 become necessary.
1310. Forced Leave Due To Lack Of Work.
a. The Employer may be required to force Employees to use annual leave due to a lack of work to avoid furlough or reduction in force actions. It is understood the Employer will have 46 made an attempt to avoid the situation or ease the impact by seeking additional work or loaning Employees to other organizations, etc.
b. When such actions are required the Employer will inform the Council’s contact person, where just a Shop or Code is involved or the Council President if it involves more than one (1) Shop or Code. If the forced leave affects only a Shop or Code the Shop/Division head or designee will meet with the Council’s Representative, if requested. The purpose of the meeting will be to discuss procedures to be followed, concerning distribution of forced leave, use of LWOP, and advanced leave, prior to implementation, in order to permit a timely implementation and to avoid greater adverse impact on the Shipyard and Unit Employees. Affected Employees will be informed as soon as practical.
c. The Shop or Code will keep records on the affected Employees. The records will be retained during the life of the Agreement. Upon request of the Council President, a representative will be allowed to review the records to insure the procedure is being followed. A Council Steward investigating an Employee’s complaint over distribution of forced leave will be allowed to review the records specific to the complaint.
1311. Family And Medical Leave Act (FMLA).
It is understood that most Employees have an entitlement to up to a total of 12 administrative workweeks of leave during any 12-month period. It is understood by the parties that NAVSHIPYDPUGETINST 12630.1F, Part V, or successor instructions on which the Council has had an opportunity to bargain, covers the administration of FMLA. The Council reserves the right to meet and confer/negotiate over any proposed changes in this instruction or its interpretation prior to its implementation. Nothing negotiated locally may abridge any entitlement of any employee under the Family and Medical Leave Act.
1312. Leave For Reserve And National Guard Duties.
Leave for Reserve and National Guard duties should be requested at least three (3) weeks in advance and will be granted in accordance with law and regulation.
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ARTICLE 14
SICK LEAVE AND ABSENCES FROM SCHEDULED WORK.
1401. Policy.
Every Employee is responsible for maintaining regular attendance and will make every effort to ensure that they are available for scheduled work. However, in accordance with the provisions of law, regulations, and this article, sick leave shall be granted Employees when they are incapacitated for the performance of their duties by sickness, injury, pregnancy and confinement or for medical, dental, or optical examination or treatment.
a. The parties recognize sick leave is a right which benefits Employees by insuring continuation of salary during absences from work. Furthermore, the parties recognize sick leave is a benefit which increases protection for longer periods as sick leave accumulates.
b. This Article establishes procedures Employees will follow in making notification, arrangements, requests and justification for these absences. It also establishes procedures supervisors will follow in acting upon Employee requests.
c. Except for occupational injuries or diseases, Employees, who become ill at work may be excused on sick leave by their supervisor without going through the Dispensary. Should the absence extend beyond that day, the Employee will report the absence in accordance with Section 1405.
1402. Scheduling Appointments.
Arrangements for absences from work for medical, dental or optical examination or treatment shall be made with the immediate supervisor prior to the beginning of the absence.
a. Employees will submit a Request for Leave or Approved Absence (SF-71) upon their return to duty. This application for leave for medical, dental, or optical examination or treatment shall include the name and address of the physician, dentist or practitioner and the date, hour and duration of the visit.
b. If certification of a physician or licensed practitioner is required, the Employee will obtain the certification prior to submission of the leave application. Such medical certification (that is administratively acceptable) shall be accepted as adequate justification for the absence. Normally only those Employees under a letter of requirement shall be required to furnish medical certification.
1403. Travel Time.
The amount of travel time allowed for sick leave shall be administratively determined by the approving official in accordance with existing regulations. Due consideration will be given to travel time required and other circumstances impacting the Employee.
1404. Illness Occurring At Work.
a. Employees becoming ill at work or in need of medical attention will contact their immediate supervisor who may refer them to the Industrial Dispensary (see Section 1401.c). In the case of an emergency the Employee when practical will contact the nearest supervisor. If, as a result of an Industrial Dispensary determination, an Employee is sent home or referred to a private physician, the Employee is not required to notify their Shop/Code of the absence for the balance of the workday. If incapacitated the following scheduled workday, the Employee will report the absence in accordance with Section 1405.
b. The three (3) workday medical certification rule will not include the day the Employee was treated and sent home by the Dispensary, unless the Employee is on a medical certification requirement letter (see Sections 1406 and 1411.a.1).
1405. Reporting Absence Due To Incapacitation.
a. If an incapacitation necessitates an Employee’s absence from work, the Employee must notify one of the following:
1. Shop or Code;
2. Immediate Supervisor;
3. Personnel designated by the Shop/Code or telephone recording devices.
As a minimum Employees will be required to provide their name, badge number, name of immediate supervisor, reason for the absence, probable date of return, and phone number and address where the Employee can be reached, if different than the information on file with the Employer.
4. Where the Shop or Division has issued specific written instruction, Employees will follow the instruction. Any such written instruction will be consistent with the terms of this Agreement.
b. Employees should make notification prior to the start of the scheduled shift to which the Employee is assigned; however, an Employee must make notification no later than one and one-half hours after that shift has started unless justified by extenuating circumstances. If extenuating circumstances keep the Employee from serving notice, the Employee is obligated to make notification at the first practical opportunity. If the absence extends beyond one (1) workday, the Employee must again notify the immediate supervisor, Shop, or Code in accordance with the above procedure on the first day of the Employee’s regularly scheduled workweek as well as the first workday of each subsequent workweek until the Employee returns to work. If the Employee fails to make this notification, the Employer may carry the Employee in an absent without leave (AWOL) status, pending submission of justification for the absence. Employees on a medical certification requirement for suspected misuse of sick leave will follow the instructions specified in the letter of requirement, which may include a requirement to call in each day of the absence. The Employer may make an exception on any of the foregoing call-in provisions when the Employer recognizes unusual circumstances.
c. Following notification, the Employer will normally carry the Employee in an approved leave status. However, if the particular circumstances warrant, the Employer may carry the Employee in an absent without leave (AWOL) status pending the submission of acceptable evidence of justification. Employees must submit a Request for Leave or Approved Absence Form (SF-71) in accordance with Section 1406. An Request for Leave or Approved Absence Form (SF-71) properly filled out shall satisfy the reporting requirements of this section.
1406. Request For Leave Of Absence.
The approval of an Employee’s absence from scheduled work by the Employer, whether inside or outside the Employee’s basic workweek, is contingent upon the Employee’s justification for the absence upon return to work. Failure to provide reasonable justification (including medical certification if required) will result in disapproval of the absence.
a. Submission of Leave Application. An Employee is required to submit a completed Request for Leave or Approved Absence (SF-71) (including medical certification, if required) to their immediate supervisor on the day they return to work. Absences in excess of three (3) work days, or for Employees on medical certification requirement for any absence from scheduled work, must be supported by medical certification. In cases where an incomplete application is submitted, the Employee will be allowed an additional five (5) workdays to submit the required information to complete the application. If the absence extends for a pay period or more, the Employee is required to submit an Request for Leave or Approved Absence (SF-71) supported by medical certification during each pay period the Employee is absent. The application may be submitted by mail, fax, or by a representative. The Employer may make an exception on medical certification where the Employee presents a written statement explaining the circumstances in support of the application or the Employer recognizes unusual circumstances.
b. Approval of Leave. The Employer reserves the right to disapprove an application for sick leave and place the Employee in an annual leave or unauthorized leave status if the Employee does not provide reasonable justification for the absence from work. If the Employer questions an Employee’s request for approval of an absence, supervisors shall discuss those concerns with the Employee. Supervision will act on the Employee’s application promptly. If sick leave is disapproved the Employee will be notified via a “Notice of Disapproval of Sick Leave”, Form 13 ND PSNS 12630/11. A copy of the original application (SF-71) with the reason for the disapproval in the appropriate block shall be attached to the “Notice of Disapproval of Sick Leave” Form. The notice will inform the Employee whether the absence has been converted to annual leave, leave without pay (LWOP), or an unauthorized absence. Upon receipt of notification of disapproval of leave, the Employee has fifteen (15) working days to appeal the decision under the Negotiated Grievance Procedure.
1407. Return To Duty.
An Employee who has been absent from duty due to an illness or health problems may be referred to the Industrial Dispensary for examination for return to duty. The Employer requires supervisors to use their judgment in making the determination; however, supervisors are under instructions to refer all Employees to the Industrial Dispensary who have been absent for seven (7) or more consecutive calendar days because of illness or health problems via a Dispensary permit to be filled out by the supervisor/Shop/Code. The Employer will assure that adequate arrangements have been made on the First and Second shifts such that an Employee returning to work will be able to see the appropriate medical authority prior to starting work. Employees assigned to the Third (Graveyard) shift who are returning to duty with physical limitations imposed by their physician should report to their Shop/Code on the First shift. If the Employee is cleared to return to duty, the Employee will report to the immediate supervisor/Shop/Code for assignment. If the Medical Officer determines a temporary restricted work classification (work limitation) is required, the Employee will be referred to the Shop/Code for a determination of the availability of a light duty assignment. If the Medical Officer determines the Employee has not recovered sufficiently to return to duty, the Employee will be sent home and the Shop or Code notified.
1408. Light Duty.
a. Light duty policy for occupationally injured and the policy for light duty due to non-occupational circumstances will separately be applied fairly and equitably. An Employee placed in a sick leave status due to light duty restriction(s) and non-availability of work within the restriction will submit leave application(s) in accordance with Section 1406.
b. The Employer will substitute annual leave when sick leave is exhausted; however, the Employee may request to be placed in a leave without pay status to preserve annual leave for vacation purposes. The approval of LWOP for this purpose will be determined on a case basis.
1409. Advance Sick Leave.
The Employer agrees to advance sick leave in accordance with applicable regulations to Employees who are incapacitated for duty because of serious illness or disability, provided:
a. The maximum advance sick leave for career and career-conditional Employees shall not exceed thirty (30) days and an Employee holding a limited appointment may be advanced sick leave only in the amount which will be earned during the remaining period of employment.
b. There is reasonable evidence, substantiated by a statement from the Medical Officer, that the Employee will be capable of returning to work and fulfilling the full scope of duties of the rating, or that the Shop or Code is capable of accommodating the limitation.
c. Sick leave will not be advanced to an Employee known to be contemplating separation by retirement or resignation.
d. That all available accumulated sick leave to the Employee’s credit is exhausted. (Nothing in this section may preclude an employee from requesting advance sick leave prior to exhausting their annual leave in excess of 80 hours. However, the advanced sick leave will not be credited to the Employee's account until they have reached the 80 hour limit.
e. Advanced sick leave will not be granted to Employees who are required to furnish a medical certificate for each absence claimed as sick leave as provided in Section 1411. The Employer may make an exception to this provision where the Employer recognizes unusual circumstances.
f. When an Employee is indebted for advance sick leave and has to their credit, excess annual leave which must be forfeited at the end of a leave year, the advance sick leave may be liquidated at the Employee’s request, by a charge against an equivalent amount of annual leave. Additionally, Employees may liquidate an advance of sick leave by cash payment. Annual leave may be granted in lieu of sick leave at the Employee’s request.
1410. Counseling Employees On Sick Leave Usage.
The Employer requires supervision to be alert to detect excessive sick leave usage or abnormal trends by an individual Employee. If such usage is detected, the Employer will normally meet with the Employee in an attempt to determine if other counseling resources may be beneficial. During this meeting the Supervisor will normally assure that the Employee understands the affect of the absence on the mission. If the Supervisor believes that there is a medical problem that can be addressed through the Command Employee Assistance Program, the Employee will normally be encouraged to take action to correct the problem.
1411. Letter of Requirement.
a. Issuance. In general medical certification is not required to support an application for sick leave for an absence from work for three (3) workdays or less; however, such certification may be required in individual cases. When warranted, the Employer shall issue a letter of requirement that the Employee must obtain medical certification for each absence from scheduled work where the absence is due to incapacitation; (i.e., sickness, injury, pregnancy and confinement) or for medical, dental or optical examination or treatment, regardless of duration. Exceeding a Shop or Division average shall not be the sole reason for medical requirement. The Employer may excuse an individual from the requirement when the Employer recognizes unusual circumstances. Sick leave which has been approved as a result of accepted medical certification should normally not be considered when issuing the letter of requirement for suspected misuse of sick leave. A letter of requirement will be issued in a timely manner and shall specify the reason(s) for its issuance.
1. Employees on a medical certification requirement, who use the Medical Officer in lieu of a personal physician, shall obtain the certification from the Medical Officer. The Dispensary shall only provide this certification for the initial day (day of release) of the period of absence.
b. Continuance. The Employer agrees supervision will review the medical certification requirement prior to the anniversary of issuance to make a determination if there has been substantial improvement in the Employee’s sick leave usage. If the review results in continuance of the requirement the Employee will be formally notified of the decision on or before the anniversary date of issuance. In the event the Employee is absent on the date the requirement is to be reissued, notification will be given within two (2) workdays of their return to work. If the Employee does not receive notification of continuance within the above time frames the letter of requirement will be considered canceled.
c. Appeal. A letter of requirement requiring an Employee to support requests for sick leave with medical certification may be appealed under the Negotiated Grievance Procedure, Article 30. Appeals shall start at the step level specified in Section 3004.
d. Sick Leave To Care For A Family Member and Family Medical Leave Act (FMLA) Usage. Employees will not be counseled under the provisions of this article or placed under a Letter of Requirement for use of leave under the provisions of the Shipyard Leave Instructions when the use of leave properly approved under the Shipyard Leave Instructions is the sole reason for the counseling or Letter of Requirement. Before initiating counseling or a Letter of Requirement, supervisors will review appropriate information to determine if leave taken under the Shipyard Leave Instructions is involved. More detailed rules concerning the Shipyard Leave Instructions are contained in the Shipyard Leave Administration Instruction.
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ARTICLE 15
LEAVE OF ABSENCE
1501. Labor Relations Business.
The Employer agrees that upon reasonable advance notice (normally five (5) workdays), a unit Employee may be granted upon request, annual leave or leave without pay to conduct Council business, such as attending union conventions or meetings, conducting Labor/Management business with other Federal activities, or to accept a temporary position with a labor organization as defined in the Act. The Employer may disapprove requests for leave without pay which would cause substantial interference with shipyard work operations.
1502. Employee Excused Time.
In accordance with applicable regulations an Employee shall be allowed excused time, without charge to leave or loss of pay, subject to manpower requirements of the employer as hereinafter provided:
a. Employees participating in examinations for Shipyard promotions or interviews for Shipyard job opportunities held during the Employee’s regular work shift.
b. Employees who volunteer as blood donors in the Shipyard program, either to the blood bank or directly to individuals, shall be excused for this purpose.
c. An Employee who is an official or representative of the Council will normally be excused without charge to leave in conjunction with attendance at a training session sponsored by the Council provided the subject matter of such training is of mutual concern to the Employer and the Employee in a capacity as an organization representative. Official time for this purpose will cover only such portions of a training session as meet the foregoing criteria. (See Section 0609.l for official time provisions.)
d. An Employee who is tardy for thirty (30) minutes or less may be excused at the discretion of the immediate supervisor.
1503. National Guard/Civil Air Patrol Call Up.
When an Employee is called to emergency duty in the National Guard, or is requested by appropriate authority to participate in Civil Air Patrol searches, the Employee will be excused in accordance with regulations for such duty.
1504. Continuation Of Employee Benefits.
Employees who are absent on approved leave without pay for periods of up to one year shall accrue all applicable rights and privileges with respect to coverage under the Federal Employees’ Group Life Insurance and Federal Employees Health Benefits Program.
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ARTICLE 16
SAFETY AND HEALTH
1601. Policy And Practices.
Safety and health of Shipyard Employees is a vital element in attaining the Shipyard’s mission.
a. Employer. The Employer will exert reasonable effort to provide and maintain safe working conditions and provide industrial health protection for Employees. To this end, reasonable efforts to correct safety and health deficiencies identified by the Employer will continue until the danger to Employee safety and health is abated. The Shipyard’s safety and health program will comply with applicable federal laws and regulations. To this end, the Employer has established a program which conforms to the Navy Occupational Safety and Health (NAVOSH) directive (OPNAV 5100.23). The Employer further agrees that its program shall be consistent with applicable law, regulation and executive orders. The Employer will consider suggestions from individual Employees and Council Representatives which offer practical and feasible ways of improving safety and health conditions. The Employer is responsible for instruction of Employees on safe working practices and proper use of personal protective equipment.
b. Council. The Council will cooperate through participation in the Shipyard’s NAVOSH program. The Council is committed to make every reasonable effort to encourage Employees to work in a safe and healthful manner and promptly report any hazardous conditions through the NAVOSH Hazard Reporting Program. Furthermore, the Council urges Employees to recognize the necessity of Employees wearing or using personal protective equipment required, approved, and supplied by the Employer for safe performance of their work.
c. Employee. The parties recognize that Employees have a primary responsibility for their own safety and health and an obligation to know and observe safety rules and practices as a measure of protection for self, others and government property. Employees are responsible for proper care and use of personal protective equipment issued by the Employer. Employees required to work on or about moving or operating machinery or in areas where conditions exist that are potentially unsafe or detrimental to health will be provided with proper training, precautions, protective equipment, and safety devices. The Employer will make every reasonable effort to insure that Employees engaged in work which is identified as extremely hazardous shall not be permitted to work alone or beyond the call or observation of another person.
d. Unit Employees. Unit Employees will not be subject to restraint, interference, coercion, discrimination or reprisal as a result of their participation in safety and health matters including the NAVOSH program.
1602. Reporting Unsafe Conditions.
In the course of performing their assigned work, unit Employees shall be alert to observe unsafe practices, equipment, and conditions as well as environmental conditions in their immediate area which represent industrial health hazards.
a. An Employee or a Council Representative can request a supervisor to conduct a safety or health inspection of a work area if they suspect a problem exists. The Employee observing and reporting the problem or a representative may be present during the initial inspection.
b. The NAVOSH Hazard Reporting Program is the most appropriate procedure for Employees to follow in reporting unsafe or unhealthy working conditions. The Employer agrees to post the NAVOSH Hazard Reporting Procedure throughout the Shipyard. Employees shall report unsafe or unhealthful working conditions of which they are aware to their immediate supervisor.
c. When employees believe that they are in imminent risk of death or serious bodily harm from a work assignment, and do not have sufficient time to seek redress through normal abatement procedures, they may properly decline to perform the assignment. CAUTION: If the Employee refuses to carry out the second order and the circumstances do not support the Employee’s concern, the Employee may be subject to administrative and/or disciplinary action.
1603. Correcting Unsafe Conditions.
The Shipyard Occupational Safety and Health Office (Code 106) shall insure that safety and health items submitted as the result of safety and health inspections are resolved or take appropriate action for abatement. Each Shop/Code Occupational Safety and Health Chairperson is responsible for acting and following up on inspections and reported safety and health items within their jurisdiction. Upon written request of the Council President, a Council Representative shall be permitted to review records concerning those specifically identified safety and health matters requiring action under the abatement program.
1604. Stand-Up Safety And Health Meetings.
a. The immediate supervisor will hold biweekly stand-up meetings during which safety and health topics will be discussed for a ten (10) minute period. All available Employees in each supervisor’s crew will participate.
b. The Council may submit information concerning safety and health to the Employer (Code 106) for possible inclusion in the biweekly publication: Information for Stand-Up Safety Meeting.
1605. Industrial Accidents.
a. On the Job Injury. The parties agree that prompt reporting of injuries is essential to ensure that benefits to which Employees may be entitled are protected.
b. Ambulance Service/First Aid. Prompt ambulance service and first aid to injured Employees will be provided on all shifts. Ambulances which are transporting unit Employees who are in a life threatening condition will have EMT (Emergency Medical Technician) qualified attendants. The Employer shall insure that personnel meeting the qualifications for advanced life support are available or on immediate call as the need arises.
c. Welfare and Comfort of Employees. Should accidents occur, prime consideration will be the welfare and comfort of injured personnel.
1606. Tanks And Voids.
Entrance to any tank or void will not be permitted until the tank or void is certified safe for entry. The Employer agrees to furnish appropriate protective clothing to all Employees who are assigned to work in sanitation tanks and other situations required by regulations to protect the Employee from hazards or irritants.
1607. Council/Employee Participation.
The Employer encourages individual Employees and the Council to submit for consideration, any suggestions which offer practical and feasible ways of abating or improving safety or health conditions.
1608. Safety And Health Committees/Teams.
a. Shipyard Occupational Safety and Health Policy Committee. The Council President or designee shall be notified of committee meetings thirty (30) days prior to the meeting. The Council President or designee may submit agenda items/comments on safety and health policy to the Committee’s Executive Secretary, Code 106, for consideration by the Committee. The Council President may request attendance at a meeting to give a personal presentation by the Council President or designee on safety and health matters.
b. Ship and Area Inspection Teams. It is agreed that the Council will appoint a reasonable number of representatives (not to be less than 10) to serve on the Council Representative Pool for Ship and Area Inspection Teams. The Employer agrees to select the first five (5) names listed or will submit the reasons for not doing so to the Council. The Council Safety Chairperson shall designate a representative from the Pool for each Ship and Area Inspection Team.
c. Safety Shoes. It is agreed that the Shipyard shall continue to provide safety shoes in accordance with the program as of this date.
1609. Accident, Injury And Death Reports.
The Employer (Code 106) agrees to furnish to the Council electronic Injury Tracking Reports, and notification of accidents or deaths through the Shipyard's emergency pager system. The Council agrees that the sole use of these reports is the prevention of accidents, and/or their reoccurrence. Upon receipt, the Council shares the Employer’s responsibility for insuring the privacy of the information.
1610. Hazardous Materials/Processes.
The Employer agrees to:
a. Furnish the Council, upon request, a copy of existing Material Hazard Evaluation (MHE) 13 ND NRMC BREM Form 5100/18, as prepared by the Occupational Safety and Health Office or Naval Hospital qualified personnel. The Council request will include the name of the material in question and the Shop or Code using the material. Upon request of either party a discussion of the MHE will ensue between the parties. The Council will remain on the MHE distribution list.
b. Keep records required by the NAVOSH program for unit Employees known to have been exposed to hazardous and toxic substances/materials.
c. Conduct medical surveillance of unit Employees known to have been exposed to hazardous and toxic materials/substances in accordance with established NAVOSH health monitoring requirements for the specific material/substance.
d. Follow OSHA regulations in making exposure data available to individual Employees and the Council.
1611. Posting And Distributing Emergency Telephone Numbers.
A current list of emergency telephone numbers for ambulance service, fire, and police will be posted on official bulletin boards. These numbers as of the date of issue will also be printed on the outside back cover of this Agreement. Unit Employees will be notified of any changes as they occur.
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ARTICLE 17
ON THE JOB INJURY/COMPENSATION
1701. Policy.
The parties have developed the information contained in this Article solely for the information of Employees in the bargaining unit. The parties share a mutual concern for the well being of Employees who have sustained on the job injuries/illnesses while performing their Shipyard duties. The parties agree to advise such Employees of their rights and responsibilities, and assist them in their timely submission of their claims in accordance with the provisions of law and regulation.
1702. Definitions.
a. Traumatic Injury. A traumatic injury is a wound or other condition of the body caused by external force including stress or strain. The injury must be identifiable as to time and place of occurrence and member or function of the body affected, and be caused by a specific event or incident or series of events or incidents within a single day or work shift.
b. Occupational Disease. An occupational disease is a condition that is produced by systemic infections; continued or repeated stress or strain; exposure to toxins, poisons, fumes, etc., or other continued and repeated exposure to conditions of the work environment over a longer period of time.
1703. Employee Responsibility for Reporting Injury.
Employees are required to promptly report every injury to their supervisor, who will send Employees requiring or requesting medical treatment to the Shipyard Dispensary. The Employee will be required to complete the appropriate OWCP form (CA-1 or CA-2) for which a receipt will be timely provided. Employees have a responsibility for the prompt submission of appropriate claim forms. Failure to promptly submit claim forms will generally result in a delay in obtaining benefits.
1704. Employee Information.
Each Employee who completes a CA-1 will be furnished with written information regarding the Employee’s right and entitlement to leave, continuation of pay (COP) procedures to follow when selecting or changing an attending physician, and how to apply for FECA benefits.
1705. Submission Of Claim Forms.
Employees have a responsibility to provide information required to support their claim for FECA benefits including submission of appropriate forms to the Employer’s Compensation Office (Code 1116) for submission to Office of Workers’ Compensation Program (OWCP). The Employer will timely submit claim forms to the appropriate OWCP district office with all pertinent information/documentation and reports required by OWCP to adjudicate the Employee’s claim. Upon request, Employees may review their compensation records retained by the Employer. Copies of specifically identified records will be provided at the Employee’s expense except where the Employee is receiving the initial copy of an official record initiated by the Employer which was not previously available to the Employee.
1706. Use of Personal Physician(s).
a. Private Physician. An injured Employee has the option to initially select a duly qualified private physician or hospital in the area. Generally speaking, the area is defined as being within a twenty-five (25) mile radius of the employing establishment or the Employee’s home.
b. Changing Physicians. Employees wishing to change physicians after their initial choice must obtain prior approval from the Office of Workers’ Compensation Program (OWCP), if they want to be reimbursed for these services. Employees should note that if they accept more than first aid or emergency treatment from the Shipyard Dispensary, they may have accepted the Dispensary as the attending physician.
1707. Continuation Of Pay (COP).
a. An Employee who sustains a documented disabling, job-related, traumatic injury is entitled to continuation of regular pay for a period not to exceed forty-five (45) calendar days in accordance with regulations. However, an Employee who is able to perform available work within the established medical limitations is not entitled to COP. Employees requesting COP are required to provide medical documentation of their disability as soon as possible and preferably within two (2) work days of the injury, in order to expedite the processing of their claim.
b. Continuation of Pay (COP) shall be subject to all applicable taxes and other payroll deductions. If an Employee suffers a recurrence of disability, and again stops work, the Employee shall advise Code 1116 of their desire for COP or to charge the absence to sick or annual leave. If the Employee so elects, and medically documents the recurrence, COP will continue in accordance with regulations, provided the Employee is medically incapable of performing available limited duty and the forty-five (45) calendar days were not all used during the initial period of disability. NOTE: This is applicable, however, only during the forty-five (45) day period beginning from the date the Employee returned to work following the initial period of disability.
c. Employees must complete item 16 on CA-1 to elect sick and/or annual leave or continuation of regular pay if medical treatment is needed and while disabled for work. The Employee may change this election by providing written notice to the Employer.
1708. Keeping Employer Informed.
Employees under care of a private physician must ask the treating physician the earliest date that they will no longer be totally disabled and will be able to return to work to perform limited duty assignments. Injured Employees on COP are required to submit medical reports from the attending physician directly to OWCP and to submit written documentation showing the extent of their disability to C/1116 (appropriate OWCP forms are acceptable). Employees, whose absence on continuation of pay extends beyond one (1) week, will notify their Shop or Office in accordance with Section 1405 or keep their Shop or Office informed where they may be reached by telephone during normal working hours.
1709. Return To Duty.
Upon return to duty, Employees who have been absent from duty due to an on the job injury must report to their supervisor, and if under the care of a private physician, the Employee must have the attending physician’s clearance to return to work. The Employee shall inform C/1116 of the Employee’s return to duty on the day of Employee’s return.
1710. Submittal Of Claims.
Once an Employee is placed on COP, it is the Employee’s responsibility in accordance with the provisions of regulations to provide the Employer with written documentation of total disability and to keep the Employer informed as to whether or when they will be able to return to either limited or full duty. Because of the time frames necessary to process/adjudicate a claim through OWCP, Employees are strongly urged to contact C/1116 as soon as they become aware of being unable to return to work prior to exhausting available COP benefits and begin processing of the necessary form(s)/document(s) for FECA benefits based on loss of wages. C/1116 will assist the Employee in the timely processing of their claim.
1711. Relationship To Compensation.
An Employee who suffers employment related disability may be eligible for one or more types of wage loss compensation. Compensation based on loss of wages is payable after the end of continuation of pay (COP) where an entitlement exists. A three (3) day waiting period applies except in those cases where disability extends more than fourteen (14) days or permanent disability results. In these cases compensation will be paid for the three (3) days. An Employee may decide to take sick or annual leave to avoid possible interruption of income; however, compensation may not be paid while an injured Employee receives pay for leave.
1712. Buy-Back Of Leave.
Upon request and in accordance with regulations, the Employer may advance up to thirty (30) days of sick leave to Employees facing interruption of pay due to a traumatic injury or occupational disease. Annual leave will be advanced in accordance with regulations. If the Employee elects to take leave and the claim for compensation is subsequently approved, the Employee may arrange with the employing agency to buy back the leave used and have it reinstated to the Employee’s account. The Employee should make these arrangements at the earliest opportunity. The entitlement to request this buy back is limited to within one year of the date the leave is used or the date the claim is accepted whichever is later.
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ARTICLE 18
EMPLOYEE ASSISTANCE PROGRAM
1801. Program Coverage And Policy.
The Employee Assistance Program was established in recognition that Employee’s impaired job performance can be caused by health or personal problems such as alcoholism and drug abuse, or emotional, family, marital and/or financial problems. It is the Employer’s policy to deal with the Employee’s health or personal problem(s) only as they affect job performance or behavior in the Shipyard.
1802. Employer Responsibility.
The Employer will encourage the support of the Council as well as community referral services in administering the Employee Assistance Program.
1803. Employee Responsibility.
It is each Employee’s responsibility to maintain acceptable job performance. It is also the Employee’s responsibility to seek and achieve satisfactory resolution to any health or personal problems which interfere with their job performance. An Employee’s continued failure to meet established work standards will result in appropriate administrative action.
1804. Shipyard Program.
The Employee Assistance Program provides counseling and referral service. The Employer encourages the use of the Employee Assistance Program by promoting supervisor and Employee awareness of the program and it’s functions by advertising in the SALUTE and other appropriate mediums. Alcoholism and drug abuse are recognized as treatable health problems. Employees having such health problems will receive the same consideration and offer of assistance that is extended to other Employees having other illnesses or health problems.
1805. Employee Security.
No Employee’s job security or promotion opportunities will be jeopardized by a request or referral for counseling except as limited by law and regulations.
1806. Training.
The Employer agrees that in order to have an effective Employee Assistance Program, training relating to Employee assistance is necessary. The Employer will provide training as determined essential by the coordinator of the Employee Assistance Program and approved by the Deputy Director, Human Resources Office.
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ARTICLE 19
POSITION AND JOB DESCRIPTIONS
1901. Employee Right To Review.
Employees have the right to an explanation of the reasoning used to classify their job/position. Upon the Employee’s request the immediate supervisor will make arrangements for an appointment to provide that explanation. The Employee may request to be accompanied and assisted by a Council Representative when meeting with supervision or Human Resources Office personnel. Involved supervision and personnel specialists will consider and respond to any questions and statements from the Employee to make clear the basis of the classification decision.
1902. Employee Right To Copy.
A new Employee or an Employee who changed jobs within the Shipyard will, upon request, be provided a copy of their Job/Position Description within thirty (30) calendar days of the effective date of the appointment. Individual Employee requests for a current copy of the job or position description should be made to the Shop/Code via the immediate supervisor. If a description is renumbered, affected Employees will upon request, be provided a copy. The Employer’s policy is that all Employees are entitled to have a copy of their description; however, the Employer’s policy is not to provide personal copies of other descriptions in which an Employee may have an interest. Employees assigned to a training position or who are detailed to a job/position which is not related to their regularly assigned duties, will, upon request, be provided a copy of the target/detail description if one exists.
1903. Keeping Descriptions Up To Date.
Job/position descriptions will be kept up-to-date and accurate. If an adverse action(s) is proposed as a result of a position/job audit, the affected Employee(s) and the Council will be notified prior to implementation of any proposed action. Upon request the affected Employee(s) and the Council will be permitted to review the data upon which the proposed action is based.
1904. Disputes Over Accuracy And Appeals.
a. Disputes over Accuracy. When an Employee disputes the accuracy of their official job or position description as compared to the work actually being performed, they may dispute the accuracy of their official job or position description through the Negotiated Grievance Procedure, Article 30.
b. Appeals. Upon request an Employee will be furnished specific information on appeal rights and procedures as well as addresses where appeals can be filed. An Employee may appeal the classification (grade, title, series or pay category) of their official position as follows:
1. Position Classification. Appeals for General Schedule Employees may be processed to the Department of Defense or to the Office of Personnel Management (OPM), via the Human Resources Service Center Northwest (HRSCNW) (Code 53).
2. Job Grading. Appeals for Federal Wage System Employees may be processed to the Department of Defense via the Human Resources Service Center Northwest (HRSCNW) (Code 53). Appeals for Department of Defense decisions may be processed to the Office of Personnel Management (OPM).
1905. Council Matters.
a. The Employer agrees to provide the Council with one copy of an official position or job description, upon request. The Council’s request for description(s) shall be submitted to the Employer (Code 1113) and shall contain sufficient specifics to enable the Employer to easily locate and duplicate the description.
b. If the Employer exercises an opportunity to review and comment on a draft of proposed job grading standards, the Employer will extend an invitation to the Council to review and comment to the Employer. The Employer will consider the Council’s views in developing the Shipyard’s response provided the Council’s response is timely, in accordance with time limits established by higher authority.
c. The Employer agrees to notify the Council when a job grading is to be changed to a lower grade level. Notification will normally be served at least thirty (30) days, but not less than one (1) pay period prior to effecting personnel actions.
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ARTICLE 20
PERFORMANCE STANDARDS
2001. Policy.
The Puget Sound Naval Shipyard’s Performance Appraisal Program for Employees will comply with the intent of the Act.
2002. Definitions.
a. The following definitions are reprinted from the regulations solely for Employees’ information.
1. Performance means an Employee’s accomplishment of assigned work as specified in the critical elements of the Employee’s position.
2. Critical Performance Element means a component of a position consisting of one or more duties and responsibilities which contributes toward the accomplishment of organizational goals and objectives and which is of such importance that unacceptable performance on the element would result in unacceptable performance in the position.
3. Performance Standard means a statement of the expectations or requirements established by Management for a critical element at a particular rating level. A performance standard may include, but is not limited to factors such as quality, quantity, timeliness, and manner of performance.
4. Interim Appraisals.
a). Progress Review. A review of the Employee’s progress toward achieving the performance standards and is not in itself a rating.
b). Closeout Rating. The written rating received on the standard established for the position within the bargaining unit to which an Employee was temporarily promoted for ninety (90) days or more, or a position at the same or higher grade to which the Employee was detailed for a period of one hundred and twenty (120) days or more, when the respective durations were known in advance.
5. Rating of Record means the summary rating required annually at the time specified by the Employer, unless a special rating is conducted to support a within grade increase (WGI) determination as required by regulations, in which case the WGI rating becomes the rating of record.
b. The following definitions have been developed by the Employer and are provided herein solely for the Employees’ information.
1. Performance Appraisal. The evaluation of an Employee’s performance of assigned work against the performance standards established for that Employee under an approved appraisal system.
2. Appraiser. The immediate supervisor or some other designated supervisory person who has authority and responsibility and personal knowledge of the position, to inform the Employee of the performance elements of the Employee’s position, to establish the performance standards for those elements and knowledge of the Employee’s performance to perform the actual appraisal of the Employee.
3. Reviewing Official. The appraiser’s immediate supervisor or some other designated higher level Shipyard supervisor in the Chain of Command.
2003. Employee Participation And Council Notification.
Prior to completing a performance standard, supervisors will encourage Employee participation in the process of identifying elements and developing written performance standards. Prior to implementing new or revised performance standards which impact four or more unit Employees or upon request of the Council, a copy of the proposed standard will be forwarded to the Council’s Shop/Code Contact person for review and comment. If the Council desires to review or comment on the proposed change the individual designated to perform this task will be identified to the Shop/Code. The Council’s Representative may submit written comments for consideration within one week of the Shop/Code Contact person’s receipt of the proposed change. Prior to implementation, the Council’s Shop/Code Contact person will be provided with a copy of the final standard and notified of the implementation date.
2004. Employee Indoctrination On Performance Standards.
At the beginning of the annual rating period or when a new or revised standard is applied, each Employee will be provided a copy of their performance standards. The appraiser and the Employee will discuss the standard at the beginning of the annual rating period for clarity and understanding concerning what is required by the elements as they apply to the Employee’s assigned work and responsibilities. A new Employee, an Employee who changes jobs within the Shipyard or an Employee detailed to a position at the same or higher level for 120 days or more, will be provided a copy of their performance standard (and upon request a copy of their job/position description) within thirty (30) days of the effective date of the appointment or detail.
2005. Rating Period.
The annual rating period is a one-year period ending on a date determined by the Employer.
a. Normally, at the mid-point of the annual rating period the Employee’s current performance level will be discussed with the Employee by the appraiser. This progress review shall be held for each Employee at least once during the appraisal period. At a minimum Employees shall be informed of their level of performance by comparison with the performance elements and standards established for their positions. The date of this progress review shall be entered on the applicable standard (see Section 2002. a . 4. a). This progress review may not be accomplished if the Employee is serving in a position for which a close out rating must be made. (Note: The supervisor completing the close out rating will provide a copy to the Employee and the Employee’s parent Shop/Code for use in the rating of record.)
b. At the end of the annual rating period, the appraiser will conduct a progress review with the Employee to include the rating of the Employee’s performance on each applicable performance element. Elements on which the Employee has not performed work during the rating period, shall be marked non-applicable (N/A). The rating of record is based on the progress review(s) and any close out ratings received during the annual rating period.
c. If, at the time of the annual rating, the reviewing official alters the rating on any element or the rating of record the reviewing official will provide a copy of the form to the Employee and, upon request, will meet with the Employee to discuss the change. A copy of the rated standard (to include the rating of record) will be provided to the Employee after the rating of record has been completed.
d. Space will be allowed on the appraisal/rating form for the Employee’s comments. The appraiser and Employee will sign and date the form upon completion of the appraisal and appraiser’s assignment of the close out rating or the rating of record. Upon request, a copy of the completed form will be provided at this time to the Employee. An Employee’s signature indicates only that a particular step of the process was completed and does not imply concurrence with either the performance standards or the performance rating.
2006. Supervisor’s Knowledge Of Performance.
a. When appraising/rating an Employee, it is important that the appraiser be fully aware of and have sufficient information regarding the performance of the Employee over the entire period of appraisal/rating. Any or all of the following method(s) may be used as a basis to obtain information to appraise/rate the Employee.
1. Objective first hand knowledge of the work performed during the current rating period.
2. Obtain sufficient objective information from supervisors who have supervised the Employee during the current rating period; or
3. Obtain information based on report data or observation.
(NOTE: The term “objective” as used in this Article means: Actual existence or reality and/or based on actual observation.)
b. Normally, authorized leave or other approved absences from official duties should not impact an Employee’s performance rating provided the Employee has been present and performed sufficient work to be evaluated and rated (see Section 2007.)
2007. Rating The Employee.
a. All unit Employees shall have performance standards, however, an Employee’s performance can only be rated on a performance standard (and applicable elements) which has been identified and discussed (see Section 2004) at least ninety (90) days prior to the accomplishment of a rating of record. It is recognized that extended or intermittent absences during the rating period may affect an Employee’s rating of record. Both the supervisor and the Employee shall identify and discuss conditions or situations which affect the Employee’s performance that are outside the Employee’s span of control. During the supervisory process of evaluating the individual’s performance, the standard and the measurement factors shall be applied in a fair and equitable manner.
b. Ratings will be accomplished in a timely manner.
2008. Special Progress Review.
a. If at any time during the rating period an Employee’s performance falls below the “acceptable” level, the appraiser will conduct an immediate special progress review with the Employee. (The Employer has determined the performance levels at which special progress reviews will be conducted.)
1. What constitutes acceptable performance on those elements;
2. Corrective action required by the Employee;
3. The reasonable period during which the Employee will be given an opportunity to improve performance. (The reasonable improvement period for a journey level, wage grade Employee, normally should be a minimum of thirty (30) days. However, the parties recognize that in specific work situations the requirements of the position may necessitate a significantly shorter improvement period.);
4. What assistance the supervisor will provide the Employee in improving performance;
5. The potential consequences should the Employee’s performance not improve; and
6. The availability of the Civilian Employee Assistance Program and an offer to establish an appointment with that office if the Employee so desires.
b. The appropriate supervisor shall discuss each of the above with the Employee for clarity and understanding. If it is determined after a reasonable period that the Employee’s performance has not reached the acceptable level, then the Employer requires supervision to issue a letter proposing the Employee’s removal from the Federal Service. During the thirty (30) day notice period, supervision may consider reassignment to another position or a change to a lower graded position in lieu of removal, unless the Employee initiates voluntary action acceptable to the Employer.
2009. Employees Serving A Probationary Period.
The procedures in Section 2008 do not apply to Employees serving a probationary period, Veteran Rehabilitation Act (V.R.A.), Employees serving a trial period, and Employees serving on a temporary appointment unless the action is processed under the provisions of FPM Chapter 432 in lieu of Chapters 315 and 316.
2010. Performance Rating Appeal.
Employees covered under this Agreement may grieve performance appraisals through the Negotiated Grievance Procedure, Article 30. (See Section 3004.e.)
2011. Council Access To Reports.
Reports generated by the Employer or received by the Employer from outside the Shipyard (the Office of Personnel Management, the Department of the Navy, etc.) evaluating the performance appraisal program at Puget Sound Naval Shipyard will be provided to the Council in order that the parties can work out problems of mutual concern. The Council recognizes the limitations imposed by Section 7114(b)(4)(c) of the Act.
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ARTICLE 21
MERIT PROMOTION
2101. Introduction.
This article is applicable only to positions within the bargaining unit. The Employer will establish and maintain a Merit Staffing Program which will be designed to insure a systematic means of selection for promotion based on merit. Merit Promotion is but one means of filling vacancies. Other appropriate means of filling vacancies, as provided by law and regulation, may be properly utilized by the Employer. The Employer will comply with its obligations under Section 2604 prior to considering applicants derived through Merit Promotion.
2102. Objectives.
The Employer will utilize an Employee’s skills to the fullest practical extent in its quest for a highly skilled and productive workforce. The overall objective of the Merit Staffing Program is to assure positions are filled with the best qualified persons and all Employees have an equal opportunity to apply for advancement. Identification, qualification, evaluation, and selection of candidates will be made without regard to race, color, sex, national origin, political, religious or labor organization affiliation or non-affiliation, martial status, non-disqualifying physical or mental handicapping condition, or age, and shall be based solely on job related criteria.
2103. Employee Responsibilities.
Employees are responsible for preparing for opportunities for advancement and for ensuring their records of qualification, i.e., training, awards, experience, etc., are up-to-date. Employees who wish to be considered are responsible for keeping themselves informed of opportunities offered and advertised under the Merit Staffing Program and for the timely submission of complete and adequate applications. Employees should concern themselves with the following matters:
a. Familiarizing themselves with the Merit Staffing Program;
b. Taking advantage of the opportunities provided for promotion, training, or career-enhancing experience advertised under the provisions of this program; and
c. Seeking clarification of aspects of the program of which they may be uncertain.
2104. Area Of Consideration For Bargaining Unit Positions.
a. The minimum area of consideration for locating candidates for promotional opportunities available to Employees of the unit is the geographical and/or organizational area in which it is expected sufficient best qualified candidates may be located, including a subdivision of the Shipyard.
b. When an advertisement fails to provide a sufficient number of best qualified candidates (normally more than three) the area of consideration may be expanded. The Employer will advise the Council, in advance, of the reason(s) for expansion of the area of consideration.
2105. Method Of Locating Candidates.
a. Vacancies may be announced by other appropriate means in lieu of an announcement provided the area of consideration is restricted to the Shipyard or portions thereof. (Note: The term announcement is used generically to mean vacancy announcements and/or vacancy listings.) When announcements are used, they will be posted on the Shipyard's Intranet and made available at the HRO offices. A list of Merit Staffing Opportunity announcements will be published in at least one issue of the SALUTE. A copy of all Shipyard promotion announcements, when used, will be provided to the Council. Announcements will normally be open for at least fourteen (14) calendar days.
b. As a minimum, all vacancy advertisements, for which the area of consideration is wider than the Shipyard, will contain the following information:
1. Title, Series, and Grade of the position;
2. Promotion potential of the position, if applicable;
3. Organizational location of the position(s) and worksite (if different from the Shipyard);
4. Area of consideration;
5. Brief description of duties;
6. Qualification requirements and selective placement (screen out) factors (if used);
7. Information to applicants concerning where and how to apply for the vacancy(ies) including what, if any, supplemental forms, tests, etc., are requested.
8. The knowledge, skills, abilities and, if applicable, other characteristics which will be evaluated.
9. Opening and closing dates; and
10. Statement where applicants can obtain additional information.
c. All career and career-conditional Employees of the unit have the right to submit an application in response to vacancy advertisements. Completed applications submitted on a timely basis will be duly processed. Employees must assume personal responsibility for the timely receipt of their application by the Human Resources Office. Applications must be complete, legible, signed and dated. However, an applicant will be provided an opportunity to sign and/or date an otherwise complete application that was unsigned or undated at submission. Incomplete or illegible applications will be considered based on the information presented by the applicant.
d. Employees absent from the Shipyard during the entire period that applications are being accepted due to military service, official assignment or authorized leave, may file a delayed application within fourteen (14) calendar days after completion of the service, assignment, or leave. The rating or selection process will not be held up pending receipt or rating of such applications. Employees on TDY assignments will be provided access to review vacancy announcements where internet access is available.
2106. Rating To Determine Basic Eligibility.
a. Basic eligibility of candidates will be determined by the Human Resources Service Center, Northwest utilizing Office of Personnel Management approved or published minimum standards including provisions for in-service placement and appropriate selective placement factors.
b. A qualification standard may not be modified after the vacancy advertisement is issued unless an inappropriate standard was used or the Office of Personnel Management has issued or approved a new standard.
c. Selective placement factors will be used in determining eligibility when they are essential for successful performance in the position to be filled; e.g., automotive operator positions requiring possession of a valid drivers license, clerical positions requiring typing or stenographic proficiency, etc. Selective placement (screen out) factors will not be changed after issuance of and prior to final selection from that vacancy certificate.
d. Council access to rating schedules (crediting plans).
Upon request from the Council President, and for the purpose of resolving an Employee or Council grievance, a representative (designated by the Council President) will be provided access (for purpose of review) to specifically identified rating schedules (crediting plans) used for unit positions/jobs and specific to that grievance. The Council recognizes the importance of insuring the confidentiality of these rating schedules (crediting plans) and shall insure that access to these documents is restricted only to that representative who has an established "need to know" and is identified by the Council President (on a case basis) for the purposes of resolving that grievance.
2107. Rating The Employee.
a. Evaluation procedures must provide a sound basis for evaluating and comparing candidates.
b. The methods to be used in evaluating candidates will be determined by the Human Resources Service Center North West upon consultation with the selecting official and in accordance with appropriate regulations.
c. Each eligible candidate shall be assigned a rating of “qualified” and be placed accordingly on the register, if one is used. Upon request, an applicant will be notified that they have been listed as qualified.
2108. Referral Of Candidates.
a. The qualified candidates (formally evaluated) will be certified for selection. Promotional candidates will be referred to the selecting official in alphabetical order as qualified.
b. Selection for a single vacancy may be made from among the qualified candidates.
c. Acceptance of a temporary promotion will not preclude an applicant, provided they are within reach, from being referred to the selecting official for consideration for permanent vacancies. (Note: “Within reach” does not apply to non-competitive actions.)
d. Selecting officials must be given all qualification information supplied by the Employees who are referred candidates.
e. If any unit Employee who is a referred competitive candidate is interviewed, then all unit Employees who are referred competitive candidates will be given the opportunity to be interviewed by the selecting official or designee.
2109. Selection And Release Of Candidates.
a. In recommending or selecting candidates for promotion, advisory panels and selecting officials will base their judgments on the factors pertinent to the candidates’ qualifications for performing the work of the higher level position. Such factors to be judged will include the candidates’ knowledge, skills, abilities and other characteristics (KSAO) as they relate to successful performance of the higher level position.
b. Employees selected for promotion will be notified promptly of their selection and released from their former positions as soon as practical. An Employee will be paid at the pay level of the position for which selected, starting with the effective date of the promotion in accordance with applicable regulations.
c. Upon request, Employees will be told whether they were in the group from which selection was made, who was selected for promotion, and in what areas they may possibly need to improve in order to increase their chances for promotion. This will normally be accomplished by contacting the appropriate personnel specialist.
d. All candidates on a register are selectable for promotion provided they are within reach for selection and in the selecting official’s judgment they would perform the particular job at an acceptable level of competence.
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ARTICLE 22
DETAILS
2201. Policy.
A detail is a temporary assignment of an Employee to a different position, without change in pay status, for a specified period with the Employee returning to their regular duties at the end of the detail. The parties agree details will be used only for the purpose of meeting temporary needs of the Employer’s work program when necessary services can not be obtained by other desirable or practical means, or in conjunction with a formal training program. The use of a detail will not be made to evade or compromise open competitive principles of merit promotion. Except where it is procedurally impossible to do so, temporary promotions will be made in accordance with Article 23 when an Employee is assigned higher level duties.
2202. Limits On Details.
Employees may be detailed to positions at their grade or below for a period not to exceed one (1) year in increments of 120 days. Employees may be detailed to a higher grade position or to a position with known promotion potential for a period not to exceed one year in increments of 120 days; however, competitive promotion procedures must be applied if such details extend beyond 120 days. Details may be extended beyond these time limits only upon regulatory approval. No series of temporary promotions and/or details to higher level positions which would exceed 120 days during the previous twelve (12) months, may be made without following competitive promotion procedures unless the candidate previously held the level of the new position or a higher position in the Federal service.
2203. Selection Criteria.
It is the Employer’s policy to assign Employees for work between shops and to temporary duty assignments according to the Employer’s analysis of the work and the qualifications of persons available. When requested by the Employee, length of service and retention status will be considered in making the assignment. However, the Council recognizes that in making such assignments, the Employer must be guided primarily by the types of skills necessary to accomplish the work to be performed.
a. First consideration for a detail to a higher level position will be given those Employees in the immediate work area who have competed and achieved eligibility for the position. However, firsthand knowledge of the task assignment is recognized as a primary basis for selection regardless of competitive eligibility. The Employer will review the competitive eligibles before making selection.
2204. Notice To Employees.
The Employer will inform Employees of the reason for the detail, the nature of the duties to be performed, and the expected duration. At the end of the expected duration and upon request, consideration will be given to returning Employees to their former position.
2205. Recording Of Details.
Any detail of more than thirty (30) days shall be recorded and maintained as a permanent record in Official Personnel Folders with a copy to the Employee. It is mutually agreed that the requirement for documentation does not apply to Employees moved to a position identical to their own or in the same grade, series and having similar duties as the position to which regularly assigned.
2206 Work Assignments Outside Of Normal Trade Or Position.
The Employer’s right to assign work is acknowledged. The Employer agrees to the following procedure in order to minimize skills erosion and/or other detrimental impacts to the Employees:
At the end of each 120 day period of the assignment, Employees may request in writing to be re-assigned from that assignment. Such requests will include the reason(s) the request is made. Within 14 days, the Employer will grant or deny the request in writing. If the request is denied, the Employer will state the reason(s) the reassignment was denied.
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ARTICLE 23
TEMPORARY PROMOTIONS
2301. Policy.
Employees assigned non-supervisory duties above the level of their current positions for periods of a pay period or more shall be temporarily promoted to the higher level position. Such temporary promotions will be made in accordance with applicable regulations. This Article is limited in application to positions of the unit (see Section 0102).
2302. Merit System Principles.
Temporary promotions or a series of temporary promotions will not be made to evade or compromise the Merit System Principles. Employees temporarily promoted, and then returned to their former position, upon expiration of the temporary promotion, shall not lose credit for that time spent in satisfying the waiting period for a within grade increase (WGI) for the position from which temporarily promoted.
2303. Selection Criteria For Unit Positions.
An Employee’s knowledge, skills, abilities, and other qualifications as they relate to the specific duties and responsibilities of the position being filled is recognized by the parties as the primary basis upon which selection for temporary promotions will be based.
a. More than 120 days. Employees selected for temporary promotions must have competed and be in the qualified group (Section 2108) if:
1. The temporary promotion will exceed 120 days; or
2. The Employee has been either temporarily promoted, or detailed to a higher level position (or a combination thereof), for a cumulative total of 120 days in the previous twelve (12) months.
3. These provisions do not apply if the candidate previously held, on a permanent basis, the level of the position being promoted to or a higher level position in the Federal service.
b. 120 Days or Less. For all other temporary promotions of 120 days or less, first consideration will be given those Employees in the immediate work area who have competed and achieved eligibility. Second consideration will be given those Employees outside the immediate work area who have competed and achieved eligibility. Third consideration will be given to qualified Employees who have not competed.
2304. Council Access To Records.
A Council Representative, when investigating a complaint, may inspect registers specific to the complaint maintained by the Employer to review temporary promotions as provided by this Article. Such inspections shall be in accordance with applicable laws and regulations. The Council Representatives who record the above information, automatically share the Employer's responsibility for insuring the privacy of the information.
2305. Dues Allotment.
Employees temporarily promoted to non-supervisory positions outside the bargaining unit for one (1) year or more to supervisory positions, will result in the cancellation of their voluntary allotment of union dues.
2306. Pay Considerations.
a. If a unit Employee is assigned to a higher level position for a pay period (a fourteen (14) day period) or more, the Employee will be paid at the pay level of the position and a temporary promotion will be made. If the period of the assignment does not coincide with a specific pay period, the pay will be computed for inclusion in the pay period commencing with the effective date recorded on the Notification of Personnel Action (SF-50). Such temporary promotions will be in accordance with applicable regulations.
b. If a unit Employee is assigned to a higher level supervisory position for less than a pay period, the detail will be recorded in accordance with Section 2205.
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ARTICLE 24
EMPLOYEE DEVELOPMENT
2401. Special Training And Development Policy.
The parties agree to encourage training and development of Employees consistent with the needs of the Employer and available resources by either on-the-job training or internal or external formal courses. Employees are responsible for advising management of those training areas for which they wish to receive consideration and/or assistance. Supervisors should be alert to Employees who demonstrate necessity and/or potential for development, provide encouragement, and assist them in attaining training information. Current announcement of the Shipyard's after hour training courses will be posted on unofficial bulletin boards and/or in the SALUTE sufficiently in advance for interested personnel to apply for or otherwise make known their interest in attending the training.
2402. Selection And Notification Of Employees.
a. Employees will make application for acceptance into Shipyard training and training programs as a result of notice from supervision or other appropriate methods.
b. Employees will be given reasonable notice of their selection for training taking into consideration the preparatory time required by them to make arrangements: i.e., Employees traveling off station will normally be notified one (1) to (2) weeks in advance whereas selectees for internal training may be given only one (1) to two (2) days notice.
c. If an Employee chooses to participate in a home study or a work related self-development course and desires consideration for tuition assistance, they may request such consideration via a memorandum, through the immediate supervisor, containing the title and number of the course, a brief description of the content, the rationale or reason the Employee selected the course, and the intended result of the proposed course of study. Subsequent to the processing of the memorandum, the immediate supervisor will advise the applicant of whether or not tuition assistance will be provided. Supervision will counsel and otherwise assist Employees in this endeavor.
d. Selection for training programs and other training opportunities will be distributed fairly and equitably among bargaining unit Employees.
2403. New Functions.
The parties agree that it is essential to make timely assessment of training needs sufficiently in advance of implementation of changes to provide for a viable work force. When it is recognized to be of mutual benefit of the Shipyard and the Employee, the Employer agrees to utilize qualified Employees for training which is determined to be necessary for new job ratings or to accommodate changing policies, technology, equipment, or mission assignment. This may not preclude recruiting trained personnel to fill vacancies.
2404. Educational Leave.
Requests for absence (leave without pay) for formal training by an Employee will be provided the Employer via a Request for Leave or Approved Absence Form (SF-71). To be considered for such leave, the Employee will be required to justify the absence by showing that the course of training will be of material benefit to the Employer and will better equip the Employee to perform present duties or those at a higher level.
2405. Training Records.
Records of formal training attended by an Employee which were approved and/or required by the Employer will be maintained by the Employer. A copy of the completed training record will be provided to the Employee.
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ARTICLE 25
WAGE SURVEYS
2501. Notification To Council.
It is agreed the Employer will forward promptly to the proper authorities, requests for wage surveys submitted by the Council and will notify the Council as soon as possible as to the date such wage surveys will be conducted.
2502. Council Participation.
When designated by the Department of Defense Wage Fixing Authority, the Council designates a representative who is appointed by the employing activity as the labor member of the local wage survey committee. One-half of the data collectors are local Federal Employees recommended by the labor committee member. The employing activity then selects data collectors from the Council nominations.
2503. Presentation To Local Committee.
Time allowed during working hours will be granted to not more than three (3) Employees in the unit selected by the Council for the purpose of appearing before the wage survey committee in order to make a presentation on behalf of the Employees in the unit in conjunction with a wage survey.
2504. Data Collector's Expenses.
Authorized expenses incurred by data collectors will be reimbursed by the Employer in accordance with Joint Travel Regulations.
2505. Publication Of Wage Schedule.
The Employer will publish a complete copy of the new wage schedule in an issue of the SALUTE.
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ARTICLE 26
REDUCTION IN FORCE AND RE-PROMOTION
2601. Notification.
a. Council Notification. The Employer agrees to notify the Council of the necessity for a reduction in force as far in advance as practicable and of the reasons therefore. The Employer also agrees to inform the Council of the affected competitive levels and the number of Employees affected, as soon as the information is available.
b. Employee Notification.
1. Permanent Action. When possible, the Employer shall give unit Employees affected by a reduction in force a specific written notice 120 full days before the effective date of release. Specific written notice shall be provided no less than 60 full days before the effective date of release. This notice will provide the Employees with the reasons for the reduction in force, any offer of assignment to another position, and of their appeal rights and time limits. Employees shall have fifteen (15) calendar days to accept or reject any offer of assignment to another position identified in their initial specific advance notice. The period of time an Employee has to accept or reject any subsequent offer of assignment during the notice period will be determined by the Human Resources Office dependent upon the length of time remaining until the effective date of the reduction in force. Failure of an Employee to respond within the time limits shall be considered a declination.
2. Furlough for more than thirty (30) days. An Employee will be given as much advance notice as practical but not less than ten (10) calendar days, if the Employee is placed on furlough for more than thirty (30) days due to lack of work.
2602. Minimizing Impact Of A Reduction In Force.
Efforts will be made to minimize the impact of a reduction in force by:
a. Counseling and assisting affected Employees in seeking placement opportunities with other Federal agencies or elsewhere in the community; and
b. By counseling interested and eligible Employees on the program for early retirement.
c. By registering all employees on the Re-promotion List at their retained grade level and for all intervening grades above their demoted level and in the pay group of their retained grade for those positions for which they qualify.
2603. Impact Of Performance Ratings.
For reduction in force retention purposes, Employees shall be given credit for annual performance rating(s) of record as permitted by regulations. When an Employee does not have a current performance rating, he/she will be assigned a rating that is the same as that assigned to a majority of the Employees in the bargaining unit.
2604. Re-promotion.
Employees demoted without personal cause and not at their request will be advised in writing of their entitlement (based on retained grade/retained pay) to special consideration for repromotion. Although not guaranteed re-promotion, the re-promotion of Employees well qualified for the position will be considered before candidates obtained through other available means are reviewed. An individual may receive information concerning that individual's non-selection by calling the Human Resources Office (Code 1114).
2605. Council Access To Records.
When investigating a complaint, the Council Representative of record may inspect applicable reduction in force records maintained by the Employer. Such inspections shall be in accordance with applicable laws and regulations. The Council Representatives who record the above information automatically share the Employer's responsibility for insuring the privacy of the information.
2606. Release Of Seasonal Employees.
Employees are assigned to “seasonal” work schedules to provide a pool of Employees who can be placed in a non-paid status, without the use of furlough or RIF, to deal with periods of reduced workload. The following describes the process used when the Employer determines that a seasonal Employee, or group of seasonal Employees, must be placed in a non-paid status:
a. The Employer will determine the trades and number of workers who are in excess of workload requirements in their organization, and the period of time the non-paid status is expected to be required.
b. When the number of seasonal Employees in an affected trade exceeds the number required for projected work, and that some seasonal Employees must be placed in a nonpay status, the Employer will first seek volunteers from the seasonal Employees in the trades where such excesses exist to be placed in a non-paid status.
c. If there are insufficient seasonal volunteers in affected areas or trades, then seasonal Employees in areas where excesses exist will be selected for non-paid status using “inverse seniority”, i.e., the person with the lowest RIF retention standing will be selected before higher standing Employees of the same title, series and grade. The Employer retains the right to exempt an Employee from release through this method if the Employer has determined that a particular Employee who would otherwise be released possess a unique skill or qualification needed for expected work during the reduced workload period.
d. The Council will be notified promptly once the need to place seasonal Employees in a non-paid status is known. This information will include, as a minimum, the organizations, trades, numbers of Employees affected and estimated period of time the non-paid status is expected to last. Employees to be released will be notified a minimum of ten (10) days before the date of their release.
e. Once the listing of Employees to be released has been developed, the Council will be provided that list, including the organization code, title, series, grade, tenure, subgroup and RIF service computation date of the affected Employees. The Employer will also identify any Employee who is being retained “out of order” because of unique skills or qualifications. Upon request, the Employer will identify the specific skills or qualifications that the Employer determined were needed that led to exempting the Employee from release in inverse seniority order.
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ARTICLE 27
DISCIPLINARY ACTIONS
2701. Definition And Policy.
a. Definition. Disciplinary actions are defined as: Letters of Reprimand and Suspensions of fourteen (14) days or less.
b. Policy. Discipline should be applied in an objective and timely fashion. Discipline that is imposed will be that which may reasonably be expected to correct the Employee and maintain discipline and morale. Disciplinary actions will only be taken for just cause.
2702. Investigation And Employee Rights.
a. The appropriate supervisor, in making a determination as to whether disciplinary action is warranted, will take into consideration such things as: The nature of the offense, the Employee’s past disciplinary record, the Employee’s work record and general attitude, other extenuating circumstances and the results of any preliminary investigation. In regards to off-duty conduct, the employer will apply the standard of nexus. As part of its determination in setting the level of the disciplinary action, the Employer will consider past disciplinary action.
b. The Employee, upon request may have Council Representation at any preliminary investigatory meeting in which the Employee is present (see 0303).
2703. Notice Of Proposed Suspension & Employee Response.
If an Employee is issued a notice of proposed suspension of fourteen (14) days or less, the Employee will be permitted ten (10) calendar days to respond orally and/or in writing to the person designated in the notice of proposed suspension. An Employee who desires representation making a personal reply to a proposed suspension may be represented by a Council Representative. If requested, the appropriate official shall hold a meeting with the Employee, and representative if appropriate, for the purpose of discussing the matter. Consideration will be given to any response (oral or written) presented by the Employee(s) or their representative in reply to the written notice of proposed suspension. Any such response is not a hearing, but rather the Employee’s opportunity to state the reasons why the proposed action should be reduced or not taken. Upon request of either the Employee or the representative, the Employer will make available for review the information relied upon as a basis for the proposed suspension. A copy will be provided upon request.
2704. Notice Of Decision And Appeal.
a. In the event an Employee is issued a notice of decision on a suspension of fourteen (14) days or less, such notice shall be delivered to the Employee at least two (2) workdays prior to the effective date of the action. The Employer is relieved of the two (2) workdays notice provision if the Employee is absent from work. The Employer will deliver the decision notice at the earliest opportunity by the most advantageous method possible. The effective date of the action shall not be sooner than the next regularly scheduled workday.
b. If the Employee alleges after the receipt of a final decision letter that the charges were untrue, the facts misrepresented, or the penalty too severe, the matter may be grieved under Article 30 (Grievance Procedure).
2705. Notification To The Council.
In all cases of written disciplinary action taken by the Employer against a unit Employee, the Council will be notified by a copy of that action within five (5) full working days after the Employee receives the action unless the Employee certifies in writing that the Council shall not be notified.
2706. Employee Indebtedness.
It is recognized that all Employees are expected to pay promptly all financial obligations. A just obligation is one which the Employee acknowledges as being just or which has been reduced to a judgment by court means. In the event of a dispute between an Employee and any private individual or firm, the Employer will not make any determination as to the validity of the debt, the amount of the disputed indebtedness, or the method or terms of payment agreed to by the creditor and the Employee, nor will any disciplinary action be taken by the Employer until such dispute has been resolved by the parties concerned or by an appropriate civil court.
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ARTICLE 28
ADVERSE ACTIONS
2801. Definition and Policy.
a. Definition. Adverse actions are defined as: Removal; suspension for more than fourteen (14) days; furlough without pay for thirty (30) days or less; and reduction in grade or pay. These actions are processed under Part 752 of OPM regulations. Actions which are not covered by Part 752 of OPM regulations are identified in 5 CFR 752.401 (b) .
b. Policy. Adverse action shall be taken against an Employee only for such cause as will promote the efficiency of the service.
2802. Investigation And Employee Rights.
a. The appropriate supervisor, in making a determination as to whether or not adverse action is warranted, will take into consideration such things as: The nature of the offense, the Employee’s past employment record, general attitude, other appropriate factors, and the results of any preliminary investigation. The Employer as part of its determination of the level of the adverse action, when dealing with Employee misconduct, will consider past disciplinary action within the reckoning period.
b. The Employee, upon request may have Council Representation at any preliminary investigatory meeting in which the Employee is present. (see Section 0303)
2803. Notice Of Proposed Adverse Action & Response.
Although lesser administrative actions are normally sufficient to correct Employee misconduct or other acts of unacceptable behavior, more severe actions may be warranted. If an Employee is issued a notice of proposed adverse action, the Employee will be permitted ten (10) calendar days to respond orally and/or in writing to the person designated in the notice of proposed action. An Employee who desires representation in making a personal reply to a proposed action may be represented by a Council Representative. If requested, the appropriate official shall hold a meeting with the Employee and representative, if appropriate, for the purpose of discussing the matter. Consideration will be given to any response (oral or written) presented by the Employee(s) or their representative in reply to the written notice of proposed adverse action. Any such response is not a hearing, but rather the Employee’s opportunity to state the reason(s) why the proposed action should be reduced or not taken. Upon request of either the Employee or the representative, the Employer will make available for review the information relied upon as a basis for the proposed action. A copy will be provided upon request.
2804. Immediate Removal And Election To Appeal.
a. The Employer has the right to remove an Employee with a seven (7) day notice period when there is reasonable cause to believe that such Employee has committed a crime for which a sentence of imprisonment may be imposed or, in accordance with the provisions of law and regulations, immediate removal is deemed necessary for the safety of other Employees, security consideration, or protection of plant or ships' equipment.
b. At the option of the Employee and as allowed by law and regulation the Employee may elect to appeal adverse action either to the Merit Systems Protection Board or through the Negotiated Grievance Procedure, but not both.
2805. Notice to Council.
In all cases of proposed/final adverse action taken by the Employer against a unit Employee, the Council will be notified by a copy of that action within five (5) full working days after the Employee receives the action unless the Employee certifies in writing that the Council shall not be notified.
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ARTICLE 29
EEO AND DISCRIMINATION COMPLAINTS
2901. Policy.
It is the Employer's policy that decisions on employment matters shall be based solely on merit and fitness. Discrimination on the basis of race, color, religion, sex, national origin, age, or non-disqualifying mental or physical handicapping condition is prohibited. The Council supports and endorses this equal opportunity policy. The parties recognize and accept responsibility for soliciting, encouraging, and developing ideas and programs which will lead to the goal of a totally integrated work force.
2902. Discrimination Complaint Definition.
A discrimination complaint is one which alleges discrimination on the basis of one (1) or more of the following:
a. Race;
b. Color;
c. Religion;
d. Sex;
e. National Origin;
f. Age;
g. Physical Handicap; or
h. Mental Handicap.
2903. Statement Of The Parties.
The Employer and the Council recognize and endorse the importance of bringing to light and adjusting promptly any acts of prohibited discrimination. The initiation of a discrimination complaint in good faith by an Employee should not cast any reflection on the Employee’s standing, loyalty, or desirability to the Employer. The parties agree complaints alleging acts of prohibited discrimination should be resolved at the lowest possible levels. To this end, the Employer will continue to endorse an Affirmative Employment Plan (AEP).
2904. Employee Election For Complaint Processing.
Prior to electing either of the procedures identified in this section, Employees have the right to consult with a Council Representative (Section 0302) and/or an Human Resources Specialist (Code 1112, 1113, or 1114).
a. Employee Election. Employees have the right to seek resolution of alleged discrimination through either but not both of the following:
1. Negotiated Grievance Procedure (Article 30)
2. EEO Complaint Procedure
An Employee shall be deemed to have made this election at such time as the Employee has filed a written grievance under Article 30 or has submitted a signed statement requesting informal resolution to the Employer (Code 1112, 1113, or 1114). Once made, this election may not be changed.
b. Complaint Processing. In order for the Employee’s election to be timely, the written grievance (Article 30) or complaint (EEO Procedure) form must be submitted within forty-five (45) calendar days of the alleged discrimination act or the date the Employee became aware or should reasonably have been aware of the alleged discrimination. Allegations of discrimination which are submitted under the Negotiated Grievance Procedure may not include other matter(s) not directly related to the alleged discrimination, which the Employee was or should reasonably have been aware of, unless the matter(s) are raised in accordance with the time frame provisions of Sections 3002.a.1 or 3.
2905. Employee Representation.
Employees may be represented by the Council in the submission of a complaint through the Negotiated Grievance Procedure, or may be represented by an individual of their own choosing when pursuing the complaint through the EEO complaint procedure.
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ARTICLE 30
GRIEVANCE PROCEDURE
3001. Purpose.
a. Coverage. For the purpose of this Article the written Agreement is defined as Article 01 through 39, and any Appendices and Addenda thereto. Except as provided for in the Act, the procedures specified in this Article are the exclusive procedures available to Employees, the Employer and the Council for resolving grievances which fall within its coverage.
b. Statement of the Parties. The Employer and the Council recognize and endorse the importance of bringing to light and adjusting grievances promptly and at the lowest possible level. The parties agree that the filing of grievances under one or more of the procedures within this Article when the grievances address the same or similar issue(s) is an unsatisfactory method for solving problems. The Employer and the Council mutually retain the right to join similar issues from the same or separate parties for the purpose of conducting a single grievance hearing. The initiation of a grievance in good faith by an Employee should not cast any reflection on the Employee’s standing, loyalty or desirability to the Employer, nor should the grievance be considered as a reflection on the supervisor or representative.
c. Definition. For the purpose of this article, a grievance is defined as: Any complaint -- (except those identified in Section 3001.d)
1. By any Employee concerning any matter relating to the employment of the Employee; or
2. By the Council concerning any matter relating to the employment of any Employee; or
3. By any Employee, the Council, or the Employer concerning:
a). The effect or interpretation, or a claim of breach of this collective bargaining agreement; or
b). Any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.
d. Exclusion. The following are matters excluded from the Negotiated Grievance Procedure; however, there may exist other appeal procedures provided by law or regulation:
1. Matters that are not "conditions of employment" as defined in the Act.
2. Matters which do not pertain to positions in the bargaining unit.
3. Separation of probationary Employees and termination of temporary Employees.
4. The classification of any position which does not result in the reduction in grade or pay of an Employee.
5. Position Classification or job grading appeals (see Section 1904 for information).
6. Class Action EEO Complaints.
7. Incentive Awards.
8. Retirement, life insurance, or health insurance.
9. A suspension or removal under 5 USC 7532 (National Security reasons).
10. Any examination, certification or appointment (non-selection to any position/job and the content of any examination).
11. Any claimed violation of Subchapter III of Chapter 73 of Title 5 USC (related to prohibited political activities).
12. Termination of retained grade or pay under Section 5366 (c) of Title 5 USC (declining a reasonable job offer where "saved pay" is a consideration).
3002. Submission Of Grievances.
a. Time Limits.
1. Grievances of adverse actions (removal, suspensions for more than fourteen (14) days, furlough of thirty (30) days or less, and reduction in grade or pay), must be submitted within thirty (30) calendar days from the effective date of the action.
2. Grievances concerning allegations of prohibited discrimination must be submitted within forty-five (45) calendar days of the alleged discrimination act, or the date the Employee became aware or should reasonably have been aware of the alleged discrimination. In no event may an Employee file a grievance under this procedure once the Employee has submitted a signed statement requesting informal resolution of the alleged discrimination matter to the servicing Human Resources Office (Code 1112 , 1113 or 1114) (see Section 2904). Allegations of discrimination which are submitted under the Negotiated Grievance Procedure may not include other matters which the Employee was or should reasonably have been aware of unless those matters are raised in accordance with the time frames of Section 3002.a.1 or 3002.a.3.
3. All other grievances must be initiated within fifteen (15) working days from the occurrence of the matter out of which the grievance arose or the time the aggrieved party or Employee became aware of, or should reasonably have been aware of, being aggrieved. An extension may be mutually agreed upon to provide for unusual cases. However, the parties agree that unfamiliarity with the specific provisions of this Agreement shall not constitute a basis for extension of these time limits.
b. In dealing with matters which arise while on TDY assignments, Employees shall promptly discuss those matters with the appropriate supervisor. (If a supervisor of the Employer is assigned to the TDY then he/she is the appropriate supervisor.) In the event there is no supervisor of the Shipyard assigned to the TDY, the Employee should bring the matter to their Shop Head's and/or designee's attention. If after such a discussion has occurred and the Employee elects to file a written grievance, the time limits of subsections 1, 2, or 3 above shall apply beginning on the first workday of the Employee’s return to the Shipyard.
c. Content. All grievances shall be reduced to writing on the appropriate form supplied to the Council by the Employer. The grievance form shall contain, as a minimum, the following details: The name, badge number, Shop/Code, the Council's grievance control number, shift assignment, and position title of the Employee, a statement of the specific nature of the matter being grieved in relation to the Employee; time and date of the action or incident giving rise to the grievance; the Agreement provision, rule or regulation alleged violated, if applicable, the date of the discussion with the immediate supervisor, if applicable, and the date of the answer; the desired corrective action personal to the Employee; the Employee’s election to have representation or to seek direct adjustment; and the signature(s) of the Employee and the appropriate representative (if representation is elected). Except for completion of a required signature block, a grievance form deficient in required details will be returned to the Employee (representative, if an "On Behalf Of" grievance) for inclusion of additional information. The Employee will have three (3) work days from the date of receipt of the grievance form to have it completed and resubmitted to the appropriate Management Official. If a signature is required, the appropriate individual will sign the applicable block and immediately return the grievance form to the Management Official.
3003. Employee Grievance Procedure.
The following procedure applies to all eligible Employees of the unit who pursue a grievance with Council representation.
a. Step 1. An Employee or Council Representative shall submit the grievance in writing on the appropriate form to the grievant's immediate supervisor (except as provided in Sections 3004 and 3005). The immediate supervisor shall meet with the grievant and Council Representative within three (3) working days of receipt of the form and shall issue a written decision within three (3) working days of the meeting.
b. Step 2. If not resolved at Step 1, the grievance form shall be presented to the Shop/Branch Head within five (5) working days of receipt of the immediate supervisor's decision (except as provided in Section 3004). The Shop/Branch Head or designee shall meet with the grievant and Council Representative within ten (10) working days of receipt of the form. The Shop/Branch Head shall issue a written decision within fifteen (15) working days of the meeting. Attendance at the Step 2 meeting shall normally be limited to the grievant, the Representative of record, Shop/Branch Head or designee (except as provided in Section 3004), and Employer representative. (See also Section 0609.g). The Council President and/or witnesses may be included where necessary and/or appropriate.
Meetings held at each step of this procedure shall be as informal as practical.
3004. Procedures For Other Appeals.
a. Disciplinary Actions. Appeals of disciplinary actions will begin at the step level of the grievance procedure immediately above the level of the official effecting the action; i.e., reprimands issued by a Foremen would be presented to the General Foreman at Step 1 (Section 3003.a), and reprimands issued by a Shop/Branch Head would be presented to the Division Head at Step 2 (Section 3003.b). Appeals of suspensions of fourteen (14) days or less shall be presented to the Branch Head or Division Head at Step 2 (Section 3003.b).
b. Adverse Actions. Grievances of Adverse Actions (removals, suspensions of more than fourteen (14) days, furloughs of thirty (30) days or less, or reduction in grade or pay) will be submitted to the Human Resources Office (Code 1113) at Step 2. Code 1113 shall appoint an appropriate Management Official to hear the grievance at Step 2 (Section 3003.B).
c. EEO Complaints. Grievances alleging prohibited discrimination will begin at the step level of the Grievance Procedure immediately above the level of the Alleged Discriminating Official (ADO) at the corresponding step of the Grievance Procedure. If the ADO is the Superintendent or Division Head, or is outside of the grievant's parent Department, the grievance shall be submitted to the Human Resources Office, Code 1113, at Step 2 (Section 3003.b). Code 1113 shall appoint an appropriate Management Official to hear and decide the grievance in accordance with 3003.b (time frames).
d. Letters of Caution and Requirement. Grievances concerning Letters of Caution, Requirement or Admonishment shall begin with the Management Official who issued the letter(s) and at the step level of the Grievance Procedure which corresponds with that Management Official.
e. Performance Ratings. Grievances concerning Performance Appraisal Program Ratings shall begin with the reviewing official at Step 1 (Section 3003.a). If the appraiser is the Division Head, the grievance shall be submitted to Code 1113 for the appointment of an appropriate Management Official to hear and decide the grievance at Step 2 (Section 3003.b time frames).
3005. Employee Election, Adverse Action/EEO.
a. Adverse Action. An aggrieved Employee may elect to appeal adverse actions either to the Merit Systems Protection Board or through the Negotiated Grievance Procedure, but not both. Should an Employee elect to appeal through the Negotiated Grievance Procedure, it shall be processed in accordance with Section 3004.b.
Discrimination Complaint. An Employee may elect to process an individual discrimination complaint either through the Shipyard EEO Complaint Procedure or through the Negotiated Grievance Procedure, but not both. Appeals through the Negotiated Grievance Procedure, shall be processed in accordance with Sections 2904, 3002 and 3004.c. Class action EEO complaints shall be processed through the Shipyard EEO Complaint Procedure only.
3006. Direct Adjustment Of Grievances.
Any Employee, or group of Employees, in the unit may present grievances to the Employer and have them adjusted without the intervention of a Council Representative so long as the adjustment is not inconsistent with the terms of this Agreement and the Council President or Chief Steward has been given the opportunity to be present at the adjustment. Such grievances shall be submitted to the Management Official appropriate at Step 2 (Section 3003.b). The Management Official to whom the grievance is presented shall inform the Council President of the processing of an Employee grievance and provide the Council President or Chief Steward the opportunity to be present at those meetings at which the Employee is in attendance. All provisions contained in this Article relating to grievances and processing thereof shall apply to the Procedure of direct adjustment, except that the Employee shall not be permitted representation. The Grievance Form shall be annotated "Direct Adjustment". Once the Employee has elected to seek direct adjustment, the Employee may not subsequently receive representation on that grievance. Direct Adjustment grievances shall not be processed to arbitration.
3007. Grievability And Arbitrability Disputes.
a. The parties acknowledge that during the life of the Agreement disputes regarding the coverage (see Section 3001) of the Grievance Procedure or timeliness (Section 3002.a) may arise. When the Employer raises such an issue, the Employer's decision may be limited to a statement on the Grievance Form that the matter is not grievable/not timely. If the Council disagrees with the Employer, the Council President will request, in writing within ten (10) working days of receipt of the Employer's decision, confirmation from the Human Resources Office of the non-grievability position. The original Grievance Form will be attached to the Council President's request. The Human Resources Office will issue a written response to the Council President explaining the Employer's position within five (5) working days of receipt of the request. If the Council continues to disagree with the Employer's position, the Council may request to arbitrate the non-grievability of the issue of coverage/timeliness in accordance with Article 31.
b. Following the receipt of a decision that a grievance is not excluded by Section 3001.d or is timely, the parties may then resume the processing of the grievance on its merits at that step at which the statement of non-grievability/untimeliness was issued. The parties agree that no grievance may proceed to Arbitration absent a decision on the merits at the final step of either the Employee or Council and Employer Grievance Procedures.
3008. Processing Time Limits.
Failure of the Employee or representative (when acting on behalf of an Employee) to meet the time limits prescribed in Sections 3002 and 3003 will be construed by the Employer to mean that the Employee and/or Council desires not to proceed with the grievance. Failure by the Employer to meet the time limits prescribed in Section 3003 will automatically move the grievance to the next step. Time limits may be extended at the request of the Council or the Employer. No grievance may proceed to arbitration absent a written final step decision on the merits of the matter from the party to whom the grievance was presented.
3009. Access To Records.
A party shall, upon request of the other party, permit inspection and reproduction of pertinent records without charge, insofar as permissible without violating laws, government-wide regulations and agency policies in existence at the time this Agreement was approved and by subsequently published agency policies and regulations required by law or by the regulations of appropriate authorities.
3010. Distribution Of Grievance Form.
Upon completion of each step of the Negotiated Grievance Procedure, the Grievance Form will be processed as follows:
a. The original form will be given to the grievant;
b. A copy shall be forwarded to the representative recorded on the form;
c. Two (2) copies shall be forwarded to the servicing Human Resources Office (Code 1112, 1113 or 1114). One (1) copy of which will be forwarded to the Council by the servicing Human Resources Office
d. A Copy shall be forwarded to the administrative office of the Shop or Code involved.
3011. Time Allowed.
a. Time allowed granted to the representatives to perform authorized functions may only be used to represent Employees of Puget Sound Naval Shipyard.
b. Overtime or any other form of remuneration will not be paid to the grievant or the grievant's representative.
3012. Council And Employer Grievance Procedure.
This section provides the procedure and requirements to be followed for Council and Employer initiated grievances and all grievances pursued "On Behalf Of" a unit Employee(s).
a. Definition.
1. A Council or Employer Grievance is defined as a complaint which is not identifiable to a specific individual Employee but is the result of an action by either party that significantly affects the provisions of this written Agreement.
2. An "On Behalf Of" Employee Grievance is defined as any grievance filed by a Council Representative to which the named Employee(s) is not signatory and which is specific to the named Employee(s).
b. Content. In pursuing Council or Employer Grievances, the statement of the grievance must contain as a minimum: The specific nature of the grievance as related to the instances which occasioned the grievance; the desired corrective action which is specific to the Council or the unit, but in no event to individual Employees; and the specific Agreement provision alleged violated. In pursuing grievances "On Behalf Of" unit Employee(s) the content requirements of Section 3002.b, with the exception of an Employee signature, shall apply.
c. Procedure. The aggrieved party shall submit its statement of the grievance on the appropriate form to the other party in accordance with the time limits outlined in Section 3002. If the Council is aggrieved, it shall submit its statement to Code 1113. If the Employer is aggrieved, its submission shall be to the Council President. Within five (5) working days of receipt, the parties shall schedule a meeting for the purpose of discussing the matter and exploring appropriate resolution, if any. The initial meeting shall occur within fifteen (15) workdays of receipt of the grievance unless mutually agreed otherwise by the parties. If the matter is unresolved due to the need of either party to seek additional information, another meeting will be scheduled. The individuals present at these meetings shall be the Council President, a Chief Steward, and appropriate representatives of the Employer. The two (2) Council Representatives will be granted official time to attend the meeting(s) in accordance with Section 0609. The Business Agent of the affiliate, if a non-Shipyard Employee may also be permitted to attend the meeting(s). The Employer's decision regarding the Council's grievance (or the Council's decision regarding the Employer's grievance) shall be in writing on the appropriate form and returned to the aggrieved party within ten (10) working days of the final meeting or no later than an agreed upon date.
d. The failure of the aggrieved party to meet the above time limits shall be construed by the other party to mean that the grievance is withdrawn. The failure of the appropriate party to issue a written decision on the grievance shall not be a basis on which to pursue the grievance to arbitration on its merits.
3013. Alternative Dispute Resolution.
In the case of any Employee grievance or discrimination complaint properly processed under this procedure, either party may request the matter be submitted for resolution through Alternative Dispute Resolution (ADR). The ADR methodology used and the decision to use ADR must be agreed upon by the parties involved. If any of the parties involved object to the use of ADR to resolve the dispute, it shall be processed under the relevant grievance and arbitration procedures described elsewhere in this agreement.
3014. Grievance Administration.
The Employer agrees to provide training to applicable supervisors and managers concerning the proper handling and disposition of grievances under this procedure. The training will include instructions to the supervisors on the proper method of rendering decisions by identifying the reasons for the grievance decision when the identified relief is denied.
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ARTICLE 31
ARBITRATION
3101. Submission.
The parties agree that prior to considering arbitration every effort shall be made to resolve grievances in house, and will direct their resources towards achieving that goal. If such efforts fail, the grievance may, upon written request of the party desiring arbitration, be referred to arbitration. Such written request must be submitted not later than thirty (30) calendar days following the date of the 2nd Step grievance decision. In addition to these efforts, the parties will jointly explore settlement of the grievance at the pre-arbitration conference.
3102. Authority To Invoke.
Arbitration may be invoked only by the Council or the Employer. Arbitration on an Employee grievance may be invoked only by the Council. Arbitration concerning an Employer or Council grievance may be invoked by the party initiating the grievance. Arbitration may not be invoked on Employee grievances which have been submitted for direct adjustment.
3103. Selection Of An Arbitrator.
Within seven (7) working days from the date of the arbitration request, the parties shall meet for the purpose of endeavoring to agree on the selection of an arbitrator. If the parties cannot agree to the selection of an arbitrator, either party may request a list of five (5) impartial persons, qualified to act as arbitrator, from the Federal Mediation and Conciliation Service (FMCS). The parties shall then meet again, within three (3) working days following the receipt of the list from FMCS. If the parties cannot agree on one (1) of the arbitrators on the FMCS list, then the Council and the Employer will each strike one (1) arbitrator's name from the list. This striking process shall be repeated and the remaining name shall be the duly selected arbitrator.
3104. Submission Statement.
Following selection of the arbitrator and indication of availability, the parties will prepare a joint letter submitting the issue in dispute. The letter shall present, in question form, the matter on which arbitration is sought and shall outline the Agreement provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree should be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties are mutually agreed, the entire matter may be submitted to arbitration for review without hearing.
3105. Pre-arbitration Conference.
a. The parties shall hold a pre-arbitration conference no less than two (2) weeks prior to the scheduled hearing date and in no event more than sixty (60) calendar days from the date of the request for arbitration. The failure of the party requesting arbitration to meet the above time limits will be understood by the other party as a decision to rescind the request for arbitration.
b. The purpose of the pre-arbitration conference is to insure that participants will be kept to a minimum and the hearing will be as brief as possible. Each party will endeavor to outline its case to the other party. Matters that will be discussed include witnesses, exhibits, stipulations, and affidavits or depositions which either party intends to introduce. It is understood that the parties will seriously reconsider settlement of the grievance or dispute at this conference.
3106. Arbitration Hearing.
The Arbitration hearing will be held during the standard day shift of the standard workweek. Upon the request of either party, or the arbitrator, the arbitration proceedings will be recorded. Post hearing briefs may be submitted by either party. The fees and expenses of the arbitrator, the cost of reporting and transcribing the proceedings, and other incidental costs incurred by the Employer shall be borne equally by the parties. The Council Representative, if an Employee of the Shipyard, who will act as the arbitration spokesperson for the Council, shall be permitted a reasonable amount of time allowed to prepare for the presentation of the Council's position to the arbitrator.
3107. Decision.
The arbitrator will be requested to render a decision within thirty (30) days of the conclusion of the hearing, unless the parties otherwise agree. The arbitrator shall not change, modify, alter, delete, or add to the provisions of the Agreement, as such right is the prerogative of the parties only. The arbitrator shall not interpret this Agreement in such a way as to be inconsistent with law, rule, or regulation. The arbitrator will have the authority to interpret this Agreement to apply it to the particular case under consideration; to modify penalties imposed as disciplinary/adverse action; and to award reinstatement of back pay and benefits consistent with the provisions of law and regulation.
3108. Award.
The arbitrator's award shall be binding on the parties; however, either party may file exceptions to an award with the Federal Labor Relations Authority, under regulations prescribed by the FLRA. If either party decides to take exception to the arbitrator's award, or to seek advice or guidance from higher authority on implementation of the award, they will notify the other party. Such notice may be subsequent to the exception or request for guidance.
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ARTICLE 32
PARKING
3201. Policy.
Shipyard parking shall be governed by the Naval Station Bremerton Parking Instruction. When the Employer receives notification of any intended change to that instruction, the Council will be notified and given an opportunity to invoke any bargaining rights that may exist prior to implementing any such change. The Council will have four (4) reserved spaces. Any alleged violation of an Employee’s rights under that policy may be pursued through the Negotiated Grievance Procedure.
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ARTICLE 33
CIVIC RESPONSIBILITIES
3301. Court Leave.
In the event an Employee is called for jury duty or is summoned to appear as a witness in a court case in a non-official capacity where either the Federal, State or local Government is a direct party to the proceedings, the Employer will pay the Employee at the basic rate for the time lost from the Employee’s basic work schedule for such service. If an Employee is called for jury or witness service the Employee shall promptly notify the Employer in order that arrangements may be made for court leave to cover the absence from the activity. The Employee will present the Employer satisfactory evidence of the time served on such duties. An Employee serving as a juror or witness in a State or municipal court must collect all fees and allowances.
Employees must submit fees received for jury or witness service performed while on Court Leave, or while excused from duty, to the Employer in the form of a personal check or money order. Such checks or money orders are submitted to the Defense Finance and Accounting Office via the local Payroll Liaison located in the Shipyard Comptroller Department. Allowances received for meals, transportation, etc., may be retained by the Employee.
3302. Voting.
The Employer and the Council recognize that Employees are encouraged to exercise their right to vote. In unusual circumstances where shift or job assignments preclude an Employee from voting, administrative excused leave will be made in accordance with applicable regulations.
3303. Charities.
The Employer and the Council mutually agree that the Employees in the unit will be encouraged to participate in charity drives endorsed by higher authority for solicitation in the Shipyard. In no instance shall the Employer or the Council exercise pressure on an Employee to contribute to a charity to which an Employee does not wish to contribute, nor will any reprisal action be made against an Employee who refrains from contributing.
3304. Search and Rescue.
Employees who are certified by appropriate officials for rescue or other emergency situations shall normally be excused on leave without pay. An Employee may elect to use annual leave for this purpose. All such leave is limited to no more than five (5) consecutive workdays of leave or ten (10) workdays in a calendar year.
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ARTICLE 34
PUBLICITY
3401. Council Bulletin Boards.
The Employer agrees to provide space in each Production Shop and Department for installation of Council bulletin boards for the exclusive use of the Council and its affiliates. The bulletin boards will be installed by the Employer at a location mutually agreed upon by the Shop Head and the Chief Steward. In addition, the Employer agrees to provide space for five (5) additional bulletin boards at inside locations mutually agreed upon by the Council President and the Employer (Code 1110). The bulletin boards will be approximately two (2) feet by three (3) feet in size or some other size mutually agreed upon by the parties. The Council will furnish all bulletin boards.
3402. Newsletter/Bulletin Holders.
The Council shall be allowed a reasonable number of newsletter/bulletin holders at mutually agreeable locations within the Controlled Industrial Area (CIA) and any permanent work area within the Council’s jurisdiction.
3403. Posting and Distribution of Material by Council
The Council may post notices on Council bulletin boards of labor meetings, recreational or social affairs, elections and results of elections, without prior notification to the Employer. The Council will provide a copy of other material(s) such as periodic newsletters and bulletins issued by the Council/Affiliate(s) to a person designated by the Shop Head or Code 1110 prior to posting on Council bulletin boards or distribution in newsletter/bulletin holders. The Council agrees (and shall instruct its representatives) to post Council/Affiliate material only on Council bulletin boards unless other arrangements are approved in advance by an appropriate management official. To this end Council Representative(s) are encouraged to remove Council/Affiliate material improperly posted when such material is observed by the representative(s). The Council shall exercise extreme care and caution in reviewing material to be posted to insure that it does not contain partisan political statements or endorsements, material inconsistent with Equal Employment Opportunity objectives, or matter(s) defamatory to any individual Employee, organization, or the Federal Government. The Employer reserves the right to remove Council/Affiliate material which is posted in unauthorized areas. Disputes over the posting of material shall be cause for consultation between the parties. Deliberate violation(s) of the provisions of this section may be cause for administrative action(s) by the Employer.
3404. Council Announcements In SALUTE.
The Employer agrees to provide space in the SALUTE for news submitted by the Council provided:
a. Such items are not considered by the Employer to be objectionable to other organizations.
b. Such items meet the criteria of applicable regulations.
c. Space shall be limited to two (2) columns and must be submitted at least six (6) days prior to the publishing date. Approval or disapproval of such items will be made promptly after submission by the Council.
3405. Employer Rights.
The Employer reserves the right to make its views known to its Employees on any matter it deems appropriate. Methods for such communication between the Employer and its Employees are, but are not limited to, the following: Bulletin boards; the SALUTE; written communications; and meetings between the Employer's representatives and its Employees.
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ARTICLE 35
COMMITTEE ASSIGNMENTS
3501. Council Participation On Committees.
The Employer agrees to appoint persons nominated by the Council to the following boards and committees:
a. Puget Sound Naval Shipyard Employee Services Committee - two (2) members.
b. Beneficial Suggestion Committees - Where established, and the majority of Employees served are members of the unit, one (1) member from the Shop or Office for committees of five (5) or less. Two (2) members for committees of more than five (5).
c. Shop and Office Recreation and Welfare Committees - Where such are established and the majority of Employees served are members of the unit, a majority of members named will be selected from lists submitted by the Council. In shops or offices multi-unit in nature, the Council may nominate a proportional number to serve on the committee. The Chairperson will be selected by the committee.
d. Shop or Code Safety Committees - Where such committees are established and the majority of Employees in the shop or code are members of the unit; one (1) member.
3502. Nomination And Appointment Procedure.
Whenever possible, the Council shall nominate, in numerical preference, twice the number of names of Shipyard Employees as positions reserved for Council Representatives. The Employer will appoint a person(s) from those nominated by the Council and submitted by the Council President. By using the above procedure, the Council has the right to make re-nomination as required, however, new members shall be kept to a minimum in the interest of continuity of the Committees and Boards.
3503. General Provision.
In accordance with the provisions of Section 0602, the Council will provide to the Employer (Code 1113), an official listing of all committee assignments. A courtesy copy will be provided to the committee member's parent Shop/Code, concerning committee assignments for that member.
3504. Future Committees.
The Employer agrees to consider Council Representatives on any Board or Committee established in the future, if the committee's function directly affects representational responsibilities of the Council.
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ARTICLE 36
JURISDICTION
3601. Policy.
The matter of the jurisdictional boundaries between and among crafts is recognized by the Employer as a concern among the various unions affiliated with the Council. Assignment of work is recognized by the Council as an exclusive right of the Employer. The Employer agrees to receive and consider recommendations from the Council on the matter of jurisdictional boundaries between the crafts. However, the Employer retains the right to assign work, to make determinations with respect to contracting out, to determine the personnel by which Shipyard operations will be conducted, and to determine the technology, methods and means of performing its work, in accordance with Section 7106 of the Act.
3602. Assignment Of Work.
a. In the case of new work of significant volume where, in the opinion of the Employer, there is reasonable doubt as to the respective jurisdictional claims of the crafts, the Employer, without interfering with the progress of work, will notify the President of the Council in accordance with Section 3801.
b. When, because of workload or other reasons, the Employer proposes to issue significant job order assignments contrary to trade lines common to the craft in the Shipyard, the Employer will notify the President of the Council in accordance with Section 3801.
3603. Trade Assistance.
Declining or increasing workload, or scheduling and completion deadlines, may require the assignment of Employees to work outside their normal craft or trade. To support this, workers may be trained to assist other trades or crafts. When appropriate, the Employer will request volunteers to receive this additional training. It is understood, however, that circumstances may require the training and assignment of Employees other than, or in addition to, volunteers to perform assist work other than that of their original trade or craft. In the event that an insufficient number of volunteers are found, employees will be assigned based upon the retention list in reverse order. The Council President will be notified of any new plan for such assist training assignments; the Employer will consult with the Council upon request before effecting such a plan.
3604. Contracting Out And Reassignment Of Work.
It is recognized that contracting out or reassignment of work normally and historically performed by the unit is of concern to Employees of the unit. The Employer will notify the Council prior to contracting out and reassigning work that may adversely impact unit Employee(s). The Council may invoke the provisions of Article 38.
3605. Disputes.
If, in the opinion of the Council, the Employer assigns work contrary to trade lines common to the craft, the President of the Council will notify the Employer in accordance with Section 3804.
3606. Time Allowed.
Reasonable time will be allowed for up to three (3) Council Representatives to discuss trade assignments within the bounds of the preceding sections, in accordance with Sections 0609.i and j.
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ARTICLE 37
PROVISIONS OF LAW AND REGULATIONS
3701. Impact Of Law Or Regulations.
It is agreed and understood by the Employer and the Council that nothing in this Agreement shall be so interpreted as to conflict with existing or future laws or regulations of the Federal Government, including but not restricted to those rules and regulations issued by the Office of Personnel Management and the Department of Defense.
3702. Conformance To Regulations.
It is agreed that terms of this Agreement will be interpreted and applied so as to be consistent with published Navy Department policies and directives in existence at the time the Agreement is approved by the Secretary of the Navy. However, the Employer and the Council agree that during the life of this Agreement, the terms and provisions herein will not be affected by changes in Navy directives if such changes are discretionary with the Secretary of the Navy.
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ARTICLE 38
CONSULTATION AND NEGOTIATION
3801. Introduction.
The parties recognize collective bargaining requires the parties to meet at reasonable times to consult and bargain in a good faith effort to reach agreement with respect to conditions of employment (working conditions) as defined by Section 7103(a)(14) of the Act. The following Sections of this Article provide for procedures the parties will follow in meeting the intent of the Act. The obligation to negotiate change(s) in existing working conditions should not operate so as to unreasonably delay necessary changes. The Employer will serve written notification on the Council when exercising its right under Article 02 when the Employer determines that exercising these rights would have more than a de minims impact on the working conditions of unit Employees. The Employer will use the Shop/Code Contact Person designated by the Council (Section 0601.c) as the method to serve notice of change which is believed to be limited to the Shop/Code.
3802. Impact Bargaining.
a. If the Employer receives an instruction or direction from higher authority affecting the working conditions of unit Employees or decides to change an existing practice affecting working conditions of unit Employees, the Employer (Code 1110) will serve notice in writing to the Council President. The Employer's notice shall contain as a minimum, a copy of the final draft of the change (if the change is documentary) and the intended implementation date. The Council President will provide notification of receipt to (Code 1113). The council will be given reasonable time [normally ten (10) working days] to consider the Employer's proposed change and to make an election to impact bargain under this Section on the procedures and arrangements for Employees who are adversely affected by the change; or to consult under Section 3803. The Council may seek clarifying discussion and request an extension of the decision due date.
b. If the Council elects to impact bargain, the Council President will serve written notice on the Employer (Code 1113). Such notice will, based on the information available to the Council, identify the Council's concerns regarding the impact on the bargaining unit, the Employees the Council believes will be adversely affected, and the concerns the Council has regarding the implementation of the proposed change. Within five (5) working days of receipt of the Council's written notice, the Employer (Code 1113) will schedule a meeting with the Council President.
c. The parties will make a good faith effort to reach a written agreement to be incorporated as an amendment to this Agreement. If the parties can not reach agreement, they will follow impasse proceedings through the Federal Mediation and Conciliation Service (FMCS) to the Federal Services Impasses Panel (FSIP) or follow established negotiability procedures of the Federal Labor Relations Authority (FLRA). The Employer will not implement the change before the impasse is resolved except for exigencies or unreasonable delay of implementation of Employer rights or in circumstances covered in Article 37. Unless the proposed change will have a significant impact on the working conditions of unit Employees, the Council will not seek a "status quo ante" remedy. The Council may, however, seek any appropriate resolution short of "status quo ante" for adversely impacted unit Employees.
d. If following written notice from the Employer the Council President fails to act, the Council will have waived its right to impact bargain or consult and the Employer will be free to implement the change.
3803. Consult.
If the Council elects to waive its right to impact bargaining, the Council may enter in consultation by serving written notice on the Employer (Code 1113) by the Council President. The Employer will schedule a meeting with the Council Representative(s) within five (5) working days of receipt of the Council's written notice. Upon the completion of the consultation, the Employer will carefully consider the Council's recommendation(s) in implementing the change.
3804. Meet And Confer.
a. The Council has the right to cause the Employer to enter into discussions on a matter of an existing practice by serving written notice on the Employer (Code 1113) by the Council President. The Employer will meet with the council Representative(s) within ten (10) working days of receipt of the notice. The parties will meet to discuss the matter. Following the discussion, either party may serve written notice on the other party of its desire to enter or not to enter into bargaining under Section 3902.
b. Under this section, the Employer may elect to engage in informational sharing discussions on matters the Employer is considering. The purpose of such discussions will be to acquaint the Council with implementing guidelines received from higher authority on matters affecting workload, working conditions, etc.
3805. Matters Not Requiring Notice.
The Employer is relieved from the obligation to serve notice of change(s) when such change(s) would not have more than a de minims impact on working conditions. The Council may choose to bring the matter to the attention of the Employer (Code 1113). It is expected that Code 1113 and the Council President would enter into informal discussions within five (5) work days of notice. If informal discussions do not lead to resolution of the Council's concern, the Council President may serve written notice to elect to pursue the matter through Sections 3802 or 3803.
3806. Negotiation Of Issues Not Covered In This Agreement.
It is agreed that any issue not specifically and inclusively delineated in the body of the agreement (in an article) that is otherwise within the scope of bargaining, shall be subject to formal notification, discussions and, upon the request of the Council, negotiations.
3807. Application Of Existing Memoranda Of Understanding.
This Agreement represents the sole agreement between the parties. All other existing agreements between the parties, including those formerly covered by various Memoranda of Understanding (MOUs), have been incorporated into this document. Accordingly, any MOUs executed prior to the effective date of this Agreement are hereby rendered null and void. This does not preclude the subsequent development of new MOUs after the effective date of this agreement.
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ARTICLE 39
APPRENTICE PROGRAM
3901 Definition.
Employees hired under the current Apprentice Program are appointed under the Student Career Experience Program (SCEP) authority found in 5 CFR 213.3202 (b). Employees hired under this authority remain Excepted Service Employees until successful completion of the prescribed academic-study phases of the Apprentice Program [first two (2) phases of the program], and until their conversion to the competitive service. Such Employees are members of the bargaining unit, and their employment status is governed by the relevant provisions of 5 CFR 213 and by the provisions of the Cooperative Education Program Agreement. Employees who successfully complete the SCEP portion of the Apprentice Program may be selected for conversion to the competitive service for the final phase of the Apprentice Program, or to another competitive position in their trade at the appropriate level.
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ARTICLE 40
DURATION AND CHANGES
4001. Duration.
This written Agreement as executed by the parties and as approved by the Department of Defense shall remain in full force and effect for three (3) full years from the date of its approval by the Department of Defense. Further, it is provided that this written Agreement shall terminate at any time if it is determined that the Council is no longer entitled to exclusive recognition under the Act. On the request of either party the parties shall meet to commence negotiations on a new written Agreement no more than sixty (60) nor less than thirty (30) days prior to the expiration date of this written Agreement.
4002. Reopening Provisions.
This written Agreement, except for its duration period, as specified in Section 4001, is subject to opening only as follows:
a. Either party may re-open up to three (3) existing articles by serving proposals on the other party at mid-term of this Agreement. Ground rules for those negotiations will be established at that time. The parties shall meet within (14) fourteen calendar days to bargain over the proposals. Such amendment, as agreed to by the parties, will be duly executed by the parties and submitted to the Department of Defense for approval.
b. After the effective date of this written Agreement, amendment to this written Agreement may be required because of changes in applicable laws which significantly affect any of the terms of this written Agreement. In this event, the parties will meet within fourteen (14) calendar days after receipt of a written request from either party for the purpose of negotiating new language that will meet the requirements of such laws. Any request for such amendment shall include a summary of the amendment proposed. Such amendment will be duly executed and will become effective on a date determined to be appropriate following approval by the Department of Defense.
4003. Employer And Employee Rights.
The provisions of Article 02 of this Agreement and Section 7102 of the Act shall apply to all supplemental, implementing, subsidiary or informal agreements between the parties.
4004. Distribution Of Amendments.
Any amendments to this Agreement as agreed to by the parties resulting from reopening under Section 4002.a shall be promptly reproduced and disseminated to all Employees within the unit and all management personnel. The cost of the reproduction shall be borne by the party requesting the amendment. The Employer will make the distribution.
4005. Authority To Effect Changes.
No agreement, understanding, variation, waiver, or modification of any terms or conditions contained herein shall be made by any Employee or group of Employees with the Employer, and in no case shall it be binding upon the parties hereto unless such agreement is made and executed in writing between the parties hereto and approved by the Department of Defense.
4006. General Provisions.
The failure of the Employer or the Council to insist, in any one or more incidents, upon performance of any of the provisions of this written Agreement shall not be considered as a waiver or relinquishment of the Employer's or the Council's right to future performance of any such provisions, and both the Council's and the Employer's obligation to such performance shall continue in full force and effect.
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Appendix I
BMTC AFFILIATE ORGANIZATIONS
Organizations affiliated with the BREMERTON METAL TRADES COUNCIL which have members employed in PUGET SOUND NAVAL SHIPYARD.
American Federation of Government Employees; Local #48
International Association of Heat and Frost Insulators and Asbestos Workers, Local #62
International Association of Machinists and Aerospace Workers, Nipsic Lodge #282
International Union of Painters and Allied Trades, Local #1208
International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmith Forgers, Welders, and Helpers of America, Local #290
International Brotherhood of Electrical Workers, Local #574
International Molders and Foundry Workers Union, Local #139
International Union of Operating Engineers, Local #286
Sheetmetal Workers International Association (Sheet Metal, Local #66)
United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local #26
United Brotherhood of Carpenters and Joiners of America, Local #1597
United Brotherhood of Carpenters and Joiners of America, Local #2317
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Appendix II
PART I
ENVIRONMENTAL DIFFERENTIALS
CATEGORIES LISTED IN APPENDIX A OF 5 CFR 532 SUBPART E. SCHEDULE FOR ENVIRONMENTAL DIFFERENTIALS PAID FOR EXPOSURE TO VARIOUS DEGREES OF HAZARDS, PHYSICAL HARDSHIPS, AND WORKING CONDITIONS OF AN UNUSUAL NATURE. (Applies to Federal Wage System employees only.)
PART II
ENVIRONMENTAL DIFFERENTIALS CATEGORIES LISTED IN APPENDIX A OF 5 CFR 532 SUBPART E. SCHEDULE FOR ENVIRONMENTAL DIFFERENTIALS PAID FOR EXPOSURE TO VARIOUS DEGREES OF HAZARDS, PHYSICAL HARDSHIPS, AND WORKING CONDITIONS OF AN UNUSUAL NATURE. (Applies to Federal Wage System employees only.)
PART II Payment On Basis Of Hours In Pay Status
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Appendix III
PART I
ENVIRONMENTAL DIFFERENTIALS
CATEGORIES LISTED IN APPENDIX A OF 5 CFR 532 SUBPART E. SCHEDULE FOR ENVIRONMENTAL DIFFERENTIALS PAID FOR EXPOSURE TO VARIOUS DEGREES OF HAZARDS, PHYSICAL HARDSHIPS, AND WORKING CONDITIONS OF AN UNUSUAL NATURE THAT ARE NOT KNOWN TO EXIST AT SHIPYARD WORK SITES, BUT FOR WHICH ENVIRONMENTAL DIFFERENTIAL PAY IS PAYABLE IF THE CONDITIONS OCCUR. (Applies to Federal Wage System employees only.)
PART I Payment For Actual Exposure.
PART II
ENVIRONMENTAL DIFFERENTIALS
CATEGORIES LISTED IN APPENDIX A OF 5 CFR 532 SUBPART E. SCHEDULE FOR ENVIRONMENTAL DIFFERENTIALS PAID FOR EXPOSURE TO VARIOUS DEGREES OF HAZARDS, PHYSICAL HARDSHIPS, AND WORKING CONDITIONS OF AN UNUSUAL NATURE THAT ARE NOT KNOWN TO EXIST AT SHIPYARD WORK SITES, BUT FOR WHICH ENVIRONMENTAL DIFFERENTIAL PAY IS PAYABLE IF THE CONDITIONS OCCUR. (Applies to Federal Wage System employees only.)
PART II Payment On Basis Of Hours In Pay Status.
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Appendix IV
PART I
HAZARDOUS PAY DIFFERENTIALS
APPENDIX A--SCHEDULE OF PAY DIFFERENTIALS AUTHORIZED FOR HAZARDOUS DUTY UNDER SUBPART I HAZARD PAY DIFFERENTIAL, OF PART 550 PAY ADMINISTRATION (GENERAL). (Applies to General Schedule Service Employees only.)
PART I Payment On Basis Of Hours In Pay Status.
In witness whereof the parties hereto have executed this written Agreement on this 28th day of February, in the year 2003.
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