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Agreement Between the United States Department of Labor and the National Council of Field Labor Locals, American Federation of Government Employees, AFL-CIO |
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Effective July 01, 2002 |
Statement of Purpose
This Agreement between the United States Department of Labor and the National Council of Field Labor Locals was achieved through a non-adversarial @ interest-based bargaining. @ Traditional styles of position-based bargaining and posturing were discarded in order to explore common interests and concerns. The parties began by acknowledging their mutual interest in and commitment to the accomplishment of the mission of DOL to foster, promote, and develop the well-being of America's workers.
Recognizing that the dedicated, professional, and concerned employees of the Department are the means for providing effective and ever improving service to America's workers, the parties seek, through this Agreement and the process of its achievement, to foster an attitude of cooperation in our workplaces, to improve the working conditions of our employees, to enhance the harmony between family and work life, and to create a productive and progressive labor relations process.
DOL Management and the NCFLL share a desire that the Department serve as a model employer for America. The parties also intend that the process of trust and mutual respect by which this Agreement was forged will set an example at every work site to promote a simple and just means for resolving disputes and misunderstandings and provide an effective mechanism for articulating employee concerns through their Union.
This Agreement is intended to promote a work environment which embraces new technology and the capacity it has to enhance work processes, to maintain a safe, healthy, and quality workplace, and to help create an atmosphere where the people of DOL are treated fairly and equitably, respect one another, and work together to fulfill the promise and accomplish the mission of the United States Department of Labor.
Article 1
Coverage and Recognition
Section 1 - Recognition
A. The NCFLL is recognized as the sole and exclusive representative for all bargaining unit employees as defined in Section 2 of this Article.
B. As the sole and exclusive representative, the NCFLL is entitled to act for and to negotiate agreements covering all employees in the bargaining unit. The NCFLL is responsible for representing the interests of all employees in the bargaining unit without discrimination.
C. Management agrees that in regard to the NCFLL bargaining unit, it will not enter into any other agreement, understanding, or contract with any other organization, association, or union that shall contravene or violate this Contract except as required by law, higher regulation, or Executive Order. Management agrees that in regard to the NCFLL bargaining unit, it will not do anything by custom or practice that shall contravene or violate this Contract except as required by law, higher regulation, or Executive Order.
D. The NCFLL shall be given the opportunity to be present at formal discussions between Management and bargaining unit employees concerning grievances, personnel policies and practices, and other matters affecting general working conditions of the employees in the bargaining unit. The parties agree that if a formal discussion between one or more representatives of the Department and one or more employees within the bargaining unit consists of mere reiteration of existing personnel policies and practices and other matters affecting general working conditions, the NCFLL need not be given the opportunity to be present.
E. The following procedures will be used in providing notice to the NCFLL of a formal discussion and for the NCFLL to provide representation during any formal discussion.
1. The NCFLL will specify a designated representative(s) in each Region, who has been named by the NCFLL in accordance with Article 3, Section 2B., of the DOL-NCFLL Agreement, to be notified of a formal discussion initiated by the Department.
2. The Department's notification will state the DOL Agency and component, date, time, location of the formal discussion, and include a brief description of the subject to be discussed.
3. The designated NCFLL Representative(s) in 1. above will specify an NCFLL Representative (Steward, Regional Official, or National Official) normally from within the commuting area of the meeting site to attend any formal discussion for the purpose of representing the NCFLL and/or affected employee(s).
Section 2 - Coverage
A. The bargaining unit to which this Agreement is applicable consists of all employees stationed throughout the Nation in field duty stations of the Department outside the Washington, D.C. metropolitan area, except non-clerical employees of the Office of Labor-Management Standards, employees serving in temporary appointments of less than one year's duration, or employees excluded under Section 3 of this Article. Employees of the Pension Welfare Benefits Administration and OSHA field offices in the Washington, D.C. metropolitan area are included.
B. Changes in the inclusions or exclusions of positions from the bargaining unit, including newly created positions, may be proposed by either party. If agreement cannot be reached, the matter may be referred to the Federal Labor Relations Authority as provided by Section 7105 of the Statute.
Section 3 - Exclusions from Coverage
The following employees are excluded from the bargaining unit covered by this Agreement in accordance with the Statute:
(A) All Management Officials as defined in the Statute;
(B) All supervisors as defined in the Statute;
(C) Employees who act in a confidential capacity with respect to an individual(s) who formulates or effectuates management policies in the field of labor-management relations;
(D) Employees engaged in personnel work in other than a purely clerical capacity; and
(E) Employees engaged in administering the provisions of the Statute.
Section 4 - Coverage of Agreement
Management and the NCFLL agree that the terms and conditions of this Agreement apply to all employees in the bargaining unit.
Section 5 - Employee Orientation
A. At formal orientation sessions of bargaining unit employees, a designated Union Representative will be permitted to make a presentation to the employees. Such presentation shall be part of the formal session with Management present, shall be approximately 15 minutes in length, and shall be limited to factual matters concerning employees' rights under the Collective Bargaining Agreement and the Federal Service Labor-Management Relations Statute. The presentation shall neither deal with internal Union matters nor be used for recruitment of Union membership.
B. "Formal orientation sessions" are those coordinated, sponsored, or put on by the Regional OASAMs or any other DOL Agency.
C. If the NCFLL Representative designated to attend the orientation session and make the presentation is not from the local commuting area of the orientation site, the provisions of Article 8 with respect to official time and travel expenses apply.
D. In regard to a new bargaining unit employee who does not participate in a formal orientation session, the designated office Steward and new employee will be provided 15 minutes on official time to meet privately soon after the new employee comes on board.
E. The NCFLL Regional Representative designated in accordance with Article 3, Section 2B., will be notified monthly, in accordance with Article 9, Section 7B., of all new hires, their Agency, and location.
Article 2
Governing Laws and Regulations
Section 1 - Precedence of Laws and Regulations
In the administration of all matters covered by this Agreement, officials and employees are governed by existing or future laws and regulations of appropriate authorities; by published Department and/or Agency policies and regulations in existence at the time this Agreement was approved; and by subsequently published Department and/or Agency policies and regulations required by law or by the regulations of appropriate authorities.
Section 2 - Prescribing Regulations
In prescribing Department and/or Agency regulations relating to personnel policies and practices and matters affecting working conditions, Management shall have due regard for the obligation to meet and confer with the NCFLL. The obligation, however, to meet and confer does not include matters with respect to the mission of the Department; its budget; its organization; the number of employees; or its internal security practices; and consistent with Article 11, Management Rights, the numbers, types, and grades of positions or employees assigned to an organizational unit, work project, or tour of duty; or the technology of performing its work. This does not preclude Management or the NCFLL from negotiating agreements providing appropriate arrangements for employees adversely affected by the exercise of any authority under this Section by Management.
Section 3 - Agreement Governs
Where existing provisions of Department and/or Agency regulations are in conflict with this Agreement, the provisions of this Agreement shall govern.
Section 4 - Mandated Changes of Agreement or Regulation
A. Management agrees to issue no regulation which alters the terms or conditions of this Agreement without being mandated by law, Executive Order, higher regulation, judicial decision by a court of appropriate jurisdiction, or other higher authority.
B. Amendment(s) to this Agreement or Departmental and/or Agency regulations may be required by mandated changes after the effective date of this Agreement. Amendment(s) to this Agreement or published Departmental and/or Agency regulations may be required by changes in applicable laws, Executive Orders, higher regulations, judicial decision by a court of appropriate jurisdiction, or other higher authority made after the effective date of this Agreement. The Department agrees to transmit to the NCFLL changes proposed during the term of the Agreement but not specifically covered by the Agreement which relate to conditions of employment of employees in the bargaining unit and/or which may adversely affect such conditions.
C. Management will notify the NCFLL after receipt of notice of a required change. Upon receipt of such notification from Management, the NCFLL may, within 15 workdays, request negotiations concerning the amendment.
D. Upon timely request from the NCFLL, the parties shall meet and confer within 30 calendar days concerning any negotiable aspects of the required change and/or its impact on bargaining unit employees.
E. Any changes of regulations or amendments to this Agreement which are negotiated and agreed to pursuant to this Section will be duly executed by the parties and will become an integral part of this Agreement and subject to all of the terms and conditions of this Agreement.
Section 5 - Management Proposals for Change During the Term of the Agreement
A. Management agrees to transmit to the NCFLL proposed changes relating to personnel policies, practices, and matters affecting working conditions of bargaining unit employees, or which impact on them, proposed during the term of this Agreement and not covered by this Agreement, as far in advance as possible.
B. Upon receipt of such a proposed change from Management, the NCFLL may, within 15 working days, request negotiations concerning the proposed change.
C. Upon timely request from the NCFLL, the parties shall meet and confer within 30 calendar days concerning any negotiable aspects of the proposed change and/or its impact on bargaining unit employees.
D. Any changes of regulations or amendments to this Agreement which are negotiated and agreed to pursuant to this Section will be duly executed by the parties and will become an integral part of this Agreement and subject to all of the terms and conditions of this Agreement.
Section 6 - Past Practices
It is agreed and understood that any prior working conditions and practices and understandings which are not specifically covered by the Agreement or in conflict with it shall not be changed unless mutually agreed to by the parties.
Article 3
Labor-Management Relations Committees
and Midterm Negotiations
Section 1 - Purpose and Function
The Union and Management, as evidenced in the Statement of Purpose to this Agreement, recognize that the participation of bargaining unit employees in the formulation and implementation of personnel policies and practices affects their well being and efficient administration of the Government. To this end, Union and Management mutually recognize and endorse the involvement of affected employees and their representatives as early as possible in the development of Departmental and Agency programs, policies, and practices. The parties further recognize that the entrance into a formal collective bargaining agreement with each other is but one act leading toward a constructive labor-management relationship and that the success of a labor-management relationship is further assured if a forum is available and used to communicate with each other. They, therefore, agree to establish a National Labor-Management Relations Committee, and also Regional Labor-Management Relations Committees for the purpose of exchanging information and for discussing matters of mutual concern or interest to each of them in the broad area of personnel policy and practices and other matters affecting working conditions. It is also agreed that midterm negotiations, requested in accordance with Article 2, Section 4 or Section 5 of the Agreement, may be conducted during Labor-Management Relations Committee meetings. In the event that circumstances dictate that midterm negotiations be conducted other than at meetings of the Labor-Management Relations Committees, the provisions of Sections 3A.4.(b) and 3B.4.(b) of this Article with regard to travel expenses and official time are applicable.
As used in this Section, "midterm negotiations" include all aspects of negotiations from preliminary meetings on ground rules, if any, through mediation and impasse resolution processes when needed.
Section 2 - Labor-Management Relations Committee Meetings
A. Frequency of LMR Committee Meetings
1. National Committee. The National Labor-Management Relations Committee meetings shall be held quarterly.
2. Regional Committees. The Regional Labor-Management Relations Committee meetings shall be held three times a year.
3. Committee Meetings. National and Regional Labor-Management Relations Committee meetings may be held more frequently or deferred by mutual consent of the parties.
B. Regional Meetings
1. The NCFLL will designate in each DOL Region a Union Regional Collective Bargaining Committee (RCBC). The NCFLL will designate from among the members of the RCBC a Regional Chair for each of its ten RCBCs. The Department will recognize and communicate all Regional notices and obligations to the Regional Chair of the RCBC. The maximum number of representatives designated may be up to the number depicted in column (A) of the following table. The number in column (A) is the maximum number of persons who may be entitled to official time and travel expenses for midterm bargaining initiated by Management.
2. In those instances where Agencies have consolidated from two or more Regions into one Agency Region, the NCFLL will designate one NCFLL Regional Chair as the single point of contact for management for that consolidated Agency. The Department will recognize and communicate notices and obligations to the designated NCFLL Regional Chair with copies to the other affected NCFLL Regional Chairs.
3. In addition to the RCBC, additional persons may be designated by the Union and are entitled to official time and travel expenses to attend Regional meetings. The number of such persons is depicted in column (B) of the following table. During the Regional meetings, when an agenda item(s) pertains to a particular DOL Agency only, the Union may designate up to five representatives from among the total number present (as depicted in column [C]) to meet with the representatives from the DOL Agency. The Union may interchange the representatives from one Agency to another as long as no more than five meet with any one Agency.
4. For those agenda items which are Department-wide in nature and are not limited to a single DOL Agency, the total number of persons (column [C]) may meet with the representatives of the Department.
5. Department-wide agendas as well as individual Agency agendas shall be arranged for and scheduled in advance. The agendas and scheduled meetings should be for the purpose of discussing specific interests and concerns of the parties and for enhancing the labor-management relationship.
6. The NCFLL may have in attendance at a Regional meeting one NCFLL National Official from within the Region. This would be in addition to the number of persons in the following table.
7. For those Agencies which have consolidated, there will be one Regional Agency labor-management meeting in the city in which the Regional Agency Head is located. Management will communicate with the designated NCFLL Regional Chair identified in Subsection 2. above for purposes of these meetings. The RCBCs in the consolidated Regions will be permitted to have representatives travel to these meetings in accordance with the following table. The maximum number of representatives entitled to official time and travel for a meeting is depicted in column (C). The maximum number of trips by representatives entitled to official time and travel for these meetings in a one year period may not exceed three times the number in column (C). The number of NCFLL Representatives sitting in on such an Agency meeting will be limited to the five specified in Subsection B.3. plus one additional representative for each additional RCBC involved. The NCFLL will determine the distribution of these representatives from among these RCBCs prior to the meeting.
8. Nothing in Subsection 7. above precludes the parties from mutually agreeing to alternative means (such as teleconferencing) to participate in the regional labor-management meetings.
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ARTICLE 3 - REGIONAL LMR COMMITTEE MEETINGTS; ALLOWABLE OFFICIAL TIME AND TRAVEL EXPENSES |
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(A) (B) (C) NO. OF PERSONS NO. OF OTHER TOTAL NO. OF WHO MAY BE EN- PERSONS WHO MAY PERSONS WHO MAY TITLED TO OFFI- BE ENTITLED TO BE ENTITLED TO CIAL TIME AND OFFICIAL TIME OFFICIAL TIME TRAVEL EXPENSE AND TRAVEL FOR AND TRAVEL FOR REGIONAL REGIONAL LMR EXPENSE COLLECTIVE BAR- COMMITTEE GAINING COMMIT- MEETINGS TEE (RCBC) |
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REGION 1 3 2 5 2 3 2 5 3 5 5 10 4 5 5 10 5 4 4 8 6 3 3 6 7 3 3 6 8 4 2 6 9 3 3 6 10 3 1 4 |
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TOTAL UNIT WIDE: 36 30 66 |
C. National Meetings
1. NCFLL membership on the National Labor-Management Relations Committee (NLMRC) shall normally consist of elected officials of the NCFLL, not to exceed a total of 11 persons.
Committee Meetings
1. With respect to both National and Regional Committee meetings, the parties agree to furnish each other a written agenda, to be received by the other party no less than ten workdays prior to the scheduled date of the meeting.
2. For the National meeting, each party's respective agenda will be coordinated and shared between the NCFLL President (for the Union) and the Labor-Management Relations Center (for the Department).
3. For Regional meetings, each party's respective agenda will be coordinated and shared between the NCFLL Chair of the Regional Collective Bargaining Committee (for the Union) and the Office of the Regional Administrator-OASAM (for the Department). The NCFLL Regional Chair will be responsible for coordinating and submitting the Regional agenda(s). Reasonable official time for this purpose may be granted in accordance with Article 8 of the Agreement.
4. For the consolidated Regional Agency meetings, the agenda will be coordinated and shared between the designated NCFLL Regional Chair (see B.2. above) and the Regional Administrator-OASAM (for the Department) in the location where the Regional Agency Head is located.
E. Meeting Summaries
With respect to Regional Labor-Management Relations Committee meetings, the Department will provide the NCFLL Regional Chair of the RCBC a summary of the Regional LMRC meetings. Such summary will list the names and Agencies of attendees and reference conclusions and/or actions to be taken concerning agenda items discussed.
F. Travel Expenses
The Department agrees to pay the travel expenses for employee NCFLL Representatives who attend National and Regional Labor-Management Relations Committee meetings which are held in accordance with this Article. The number of such NCFLL representatives to be reimbursed shall not exceed the number specified in Sections 2B. and 2C. of this Article.
G. Official Time
Official time for NCFLL representatives participating in Labor-Management Relations Committee meetings is provided for in Article 8 of this Agreement.
Section 3 - Midterm Bargaining Procedures
A. National Bargaining
2. Scheduling Midterm Bargaining Sessions
The parties will meet to bargain within 30 calendar days of the Department's receipt of a timely NCFLL request to bargain or at such time as mutually agreed to by the parties.
3. Midterm Bargaining Forum
Midterm bargaining is normally conducted by the parties during National Labor-Management Relations Committee meetings, at a National Labor-Management Relations Committee subcommittee level, or in special midterm bargaining sessions established for that purpose by the parties.
4. Number of Members on Midterm Bargaining Teams
Following the NCFLL initial bargaining request under Article 2, the NCFLL shall state in writing its specific concerns or interests with regard to the Management proposed change and/or provide the Department with a counterproposal in contract language format. The NCFLL will provide the Department with its specific concerns and/or counterproposals within ten workdays after the initial bargaining request.
6. Bargaining Site
Normally, the site for midterm bargaining between the Department and the NCFLL will be the Frances Perkins Building of the Department in Washington, D.C., unless specific agreement is reached on another site.
7. Other Services to the NCFLL
The Department will provide the NCFLL with the use of a caucus room, telephone, and, on an as-needed basis, the use of duplicating equipment.
2. Scheduling Midterm Bargaining Sessions
The parties will meet to bargain within 30 calendar days of the Department's receipt of a timely NCFLL request to bargain or at such time as mutually agreed to by the parties.
3. Midterm Bargaining Forum
Regional midterm bargaining is normally conducted by the parties at its Regional Labor-Management Relations Committee (RLMRC) meeting, or at special midterm bargaining sessions established for that purpose by the parties.
4. Number of Members on Midterm Bargaining Teams
(a) The NCFLL will be represented at midterm bargaining by the Regional Collective Bargaining Committee(s) (RCBC). The number of NCFLL members on the RCBC is as depicted in the table in Section 2B. of this Article.
(b) The number of employees representing the NCFLL at a special midterm bargaining session for whom official time and travel expenses are authorized shall not exceed the number of members designated by the Department on its bargaining team (
5. Midterm Bargaining Proposals
Following the NCFLL initial bargaining request under Article 2, the NCFLL shall state in writing its specific concerns or interests with regard to the Management proposed change and/or provide the Department with a counterproposal in contract language format. The NCFLL will provide the Department with its specific concerns and/or counterproposals within ten workdays after the initial bargaining request.
6. Bargaining Site
Normally the site for Regional midterm bargaining will be in the Regional city, unless specific agreement is reached on another site.
Section 4. Review of Regional Relationship
The parties acknowledge that the Department of Labor has undergone fundamental change in its structure since the inception of the 1991 Collective Bargaining Agreement and this change is likely to continue. Therefore, the parties commit to ensuring that our internal labor-management relationship is conducted in the most efficient and effective way. While maintaining adequate responsiveness to local needs, we must continuously scrutinize our Regional Collective Bargaining Committee structure.
Article 4
LABOR-MANAGEMENT COOPERATION
In the spirit of labor-management cooperation, Union and Management mutually recognize and endorse the involvement of affected employees and their representatives as early as possible. To this end, the parties agree that forums or processes for Union or employee involvement in Management's deliberative processes which exist at the time this Collective Bargaining Agreement goes into effect may voluntarily continue. Such cooperative dealings remain voluntary to both Management and Labor and do not constitute past practices under this Agreement. At any time during the life of this Agreement, either party may unilaterally terminate such voluntary forums or processes and no bargaining obligation will incur. It is understood that the NCFLL, in agreeing to the continuation of such forums or processes, does not waive any statutory or contractual rights including, but not limited to, formal discussions, notifications of Management changes which impact on working conditions of bargaining unit employees, and the right to bargain, consistent with the Federal Service Labor-Management Relations Statute, in regard to the impact and implementation of such Management changes.
No later than four months after the effective date of this Agreement, the parties will exchange information and compile a single definitive list of all such forums or processes at all levels of the Department which existed at the time the previous Agreement expired and which both Union and Management desire to continue. At any time during the life of the Agreement, when either party elects to terminate such arrangement, it will notify the other party through the existing channels of labor-management communication. The parties may by mutual agreement develop new arrangements of this type during the life of the Agreement. All such new arrangements must be approved by the Union and Management at the national level.
Article 5
Rights of Employees
Section 1 - General
Each employee of the Department has the right, freely and without fear of penalty or reprisal, to form, join, or assist the NCFLL or to refrain from any such activity. Employees shall be protected in the exercise of this right.
Section 2 - Employee Right to Participate
Except as otherwise expressly provided in this Agreement and in Title VII of the Civil Service Reform Act, as amended, the right to assist a labor organization extends to participation in the management of the organization and acting for the organization in the capacity of an organization representative, including presentation of views to officials to the Executive Branch, the Congress, or other appropriate authority.
Section 3 - Employee Concerns
Each employee shall have the right to bring matters of personal concern to the attention of appropriate officials of the Department and/or the NCFLL.
Section 4 - Employee Right to Grieve
The initiation of a grievance by an employee will not cause any reflection on his/her standing with his/her supervisor or on his/her loyalty or desirability to the Department. Employees and NCFLL Representatives who have relevant information concerning any matter for which remedial relief is available under this Agreement will, in seeking resolution of such matter, be assured freedom from restraint, interference, coercion, discrimination, intimidation, or reprisal. Management will not impose any restraint, interference, coercion, or discrimination against any employee in the exercise of his/her right to designate an NCFLL Representative for the purpose of representing to Management any matter or job related concern or of representing the employee to any Government agency or official of the Department. The extent to which official time is granted to employees and NCFLL Representatives is as provided in Article 8 of this Agreement.
Section 5 - Employee Membership
Nothing in this Agreement will require an employee to become or remain a member of a labor organization or to pay money to the organization except pursuant to a voluntary written authorization by a member for payment of dues through payroll deductions or by voluntary cash payment by a member.
Section 6 - No Discrimination
Management and the NCFLL will not discriminate against any bargaining unit employee because of age, sex, race, religion, color, national origin, disability, sexual orientation, or because of veteran status.
Section 7 - Unit Employee Right to Representation
A. A meeting between an employee and his/her supervisor and/or any other Management Official, during which the principal topic of discussion is to be discipline or potential discipline, will entitle the employee involved to request to be accompanied by his/her NCFLL Representative during the meeting. The employee will be informed in advance if discipline or potential discipline is to be the principal topic of discussion. If such request is made, the supervisor or other Management Official will honor the request. If the employee requests an NCFLL Representative, the meeting will be held or rescheduled when an NCFLL Representative can be present.
B. If during a meeting between an employee and his/her supervisor and/or any other Management Official, discipline or potential discipline enters into the discussion, the employee may request to be accompanied by his/her NCFLL Representative. If such a request is made, the supervisor or other Management Official will honor the request. The meeting will be suspended until an NCFLL Representative can be present.
C. The NCFLL shall be given the opportunity to be represented at any examination of an employee by a representative of the Department in connection with an investigation if:
(1) the employee reasonably believes that the examination may result in disciplinary action against the employee; and
(2) the employee requests representation.
D. Any employee who has been subject to an internal Departmental administrative investigation in which he/she was entitled to representation under Subsection C. of this Section shall be notified of the disposition of said investigation.
Article 6
NCFLL Stewards
Section 1 - Designation of Stewards
A. The NCFLL shall provide the Regional Administrator-OASAM, with a list of designated Stewards in each DOL Region. These designated Stewards shall be recognized as employee representatives for bargaining unit employees in the offices to which they are designated and shall be entitled to the use of official time under the provisions of this Agreement.
B. 1. Within the Regional or equivalent office, at least one and up to three Stewards may be designated for each of the following:
(a) W/H, OFCCP, and OWCP each;
(b) ETA (Including, Job Corps/BAT Regional Office employees);
(c) BLS;
(d) OSHA;
(e) MSHA District Offices;
(f) PWBA; and
(g) All other DOL Agencies as a group. If any Agency's office is located in a different commuting area, an additional Steward may be designated for that office.
C. 1. Outside the Regional or MSHA District Office a Steward may be designated by the Union at each office where a supervisor is stationed, except for BAT, a Steward may be designated for each State. If two or more Agencies have offices located within the same commuting area, the Union may, at its discretion, designate a Steward for each of these offices or combine two or more of these offices to be served by one Steward.
2. Bargaining unit employees assigned to duty stations outside the Regional or MSHA District Offices will be represented by the Steward who is designated to represent the office which services that duty station.
D. The areas of representational responsibility for designated Stewards must be separate and not overlapping.
E. 1. Each Steward designated pursuant to Subsection B. above
shall be a bargaining unit employee who is employed in
the Agency or in one of the Agencies he/she is designated to represent.
2. Each Steward designated pursuant to Subsection C. above shall be a bargaining unit employee who is assigned to the office he/she is designated to represent or in one of the field duty stations serviced by that office. The Steward who is designated to represent BAT employees outside the Regional Office shall be a bargaining unit employee who is employed by BAT in the State for which he/she is designated as the representative.
F. Bargaining unit employees seeking assistance or representation from a Union Steward will receive such assistance or representation from the Steward(s) designated to represent his/her Agency or segment thereof.
Section 2 - Notification to Management and Posting
The NCFLL shall provide each Regional Administrator-OASAM with a complete list of Stewards for that Region and identify the Agency or segment thereof that each Steward is designated to represent. The lists of Stewards shall be posted on appropriate bulletin boards.
Article 7
Regional and National Union Officials
Section 1 - Regional NCFLL Officials
A. Within each Region, the NCFLL may designate up to three Regional Officials from each Local who shall be entitled to serve as the representative of bargaining unit employees within the Region on official time (if Departmental employees) under the provisions of this Agreement and consistent with the provisions of Article 8. Only one designated Regional NCFLL Official at a time may be entitled to official time in connection with a given representational matter (e.g., grievance, adverse action, disciplinary action, statutory appeal, EEO representation, etc.).
B. The NCFLL shall provide the Regional Administrator-OASAM with the names of the Regional NCFLL Officials in that Region who are designated pursuant to Subsection A. above.
Section 2 - National NCFLL Officials
A. The NCFLL may designate up to 11 National NCFLL Officials who shall be entitled to serve as representatives of bargaining unit employees on official time (if Departmental employees) under the provisions of this Agreement and consistent with the provisions of Article 8. Only one National Official may be designated at a time in connection with a given representational matter (e.g., grievance, adverse action, disciplinary action, statutory appeal, EEO representation, etc.).
B. The NCFLL shall provide the Labor-Management Relations Center with the names of its National Officials who are designated pursuant to Subsection A. above.
Article 8
Official Time and Travel Expenses
for Representational Activity
Section 1 - General
A. Management recognizes that official time and travel expenses spent by bargaining unit employees in the conduct of labor-management business is spent as much in the interest of Management as that of the NCFLL and bargaining unit employees.
B. Official duty time and travel expenses shall not be allowed for internal Union business.
C. Official time and travel expenses for the conduct of labor-management relations business will be granted to NCFLL Stewards and Officials, and to affected employees as specified in this Article. Official time and travel expenses will be granted to NCFLL Stewards and Officials in accordance with their designation in Articles 6 and 7 of this Agreement.
Section 2 - Official Time for Stewards and NCFLL Officials
A. Grievances and Appeal
1. An NCFLL Steward or Regional NCFLL Official may utilize a reasonable amount of official time to confer with an affected bargaining unit employee(s) with respect to any matters for which remedial relief may be sought pursuant to the terms and conditions of this Agreement or pursuant to a statutory appeals procedure or labor-management relations appeals procedure, provided that only one representative at a time may be entitled to official time in connection with a given representational matter. An NCFLL Steward or Regional NCFLL Official may utilize a reasonable amount of official time to communicate with other Stewards or Officials in connection with a representational matter.
2. Subsection 1. above includes time to counsel a bargaining unit employee(s), to investigate a potential grievance, and to prepare and present a grievance at the Steps of the grievance procedure specified in Article 15, Grievance Procedure, of this Agreement. Also included is time to investigate, prepare, and present a reply to a notice of proposed adverse action or performance based action; an adverse action, performance based action, or RIF appeal; an EEO discrimination complaint; a request for reconsideration or an appeal of an acceptable level of competence determination; and a classification appeal. In addition, Subsection 1. above includes time to investigate, prepare, and, if required, participate in an FLRA (ULP or Unit Clarification), FSIP, or OWCP proceeding.
B. Meetings with Management
An NCFLL Steward or Regional NCFLL Official may utilize a reasonable amount of official time to prepare for and be present at meetings with Management, including Safety and Health Committee meetings, Labor-Management Relations Committee meetings, etc., concerning personnel policies, practices, and other matters affecting working conditions of employees in the bargaining unit. Such meetings may be initiated by either the Union or Management. An NCFLL Steward or Regional NCFLL Official may utilize a reasonable amount of official time to communicate with other Stewards or Officials in connection with such meetings.
The Department and the NCFLL encourage informal meetings to resolve potential problems at the work site and preclude, if at all possible, the need for formal dispute procedures to be initiated.
C. Preparing LM Forms
Union Officials (one per Local) may utilize up to four hours of official time annually to prepare the annual financial report which must be filed with the Department of Labor pursuant to
D. Formal Discussions
The NCFLL shall be given the opportunity on official time to be represented at any formal discussion, as prescribed in Article 1, Section 1D.
E. Midterm Bargaining
Union Representatives will be on official time for all midterm bargaining initiated by Management.
Section 3 - Official Time for Bargaining Unit Employees
A. Grievances and Appeals
A bargaining unit employee(s) may utilize a reasonable amount of official time to confer with a Steward, Regional NCFLL Official, or National NCFLL Official.
B. Meetings with Management and Third Party Proceedings
A bargaining unit employee(s) may utilize a reasonable amount of official time to attend meetings with Management and third party proceedings when he/she is the affected employee or a witness in a grievance or statutory appeal proceeding. If the parties cannot agree on necessary witnesses, the determination shall be made by the third party.
C. Representation of Multiple Grievants
If two or more bargaining unit employees file a group grievance, the following number of those employees will be granted official time to discuss the matter(s) with an NCFLL Steward or Official, and to attend grievance meetings pursuant to Article 15, Grievance Procedure.
Number of Grievants Number of Grievants
Entitled to Official Time
2 - 10 2
11 - 20 4
more than 20 6
This Section does not apply to persons who are no longer employed by the Department.
Section 4 - Definition of "Reasonable Amount of Time"
A. The determination of what constitutes a "reasonable amount of time" under this Article is a matter requiring mutual agreement between the employee and his/her supervisor prior to the employee's release under Section 5 of this Article, taking into account the need to balance the effective conduct of the Department's business with the rights of employees to be represented in matters relating to their employment.
B. A factor to be considered by the parties in determining what constitutes a "reasonable amount of time" is the amount of time that is necessary to accomplish the specific task for which time is requested.
C. If, during the transition period prescribed in Section 6 of this Article, there is a dispute between a newly elected or appointed National NCFLL Official and his/her supervisor concerning what constitutes a "reasonable amount of time," the matter will be referred to the Department's Labor-Management Relations Center and the NCFLL President for resolution.
Section 5 - Use of Official Time: Check-Out, Check-In
A. A bargaining unit employee(s) or the designated Union Representative who desires to use official time under this Article may be authorized a "reasonable amount of time" as follows:
(1) A designated Union Representative or employee(s) who wishes to use official time under this Article will request permission of his/her immediate supervisor. Such request should be made as early as possible, i.e., generally as soon as the need for the official time is known.
(2) A Union Representative or employee(s) who wishes to use official time under this Article in an organizational unit not under the direction of his/her own supervisor will request permission of the supervisor of the organizational unit involved before engaging in such activity.
(3) Permission as described in Subsections (1) and (2) above will be granted unless compelling reasons require the presence of the Union Representative or employee(s) at Agency tasks which he/she is then performing. If such permission is denied, the manager or supervisor refusing such permission will give the reasons for refusal in writing, upon request, to the representative or employee(s) who was so denied.
(4) The Union Representative or employee(s) will report his/her return to work to his/her immediate supervisor upon conclusion of use of official time under this Article.
B. A designated Union Representative who is not an employee of the Department will follow the check-out and check-in procedures in this Section.
Section 6 - NCFLL National Officials
Due to the responsibilities of the NCFLL National Officials, they (not to exceed 11) will be on 100% official time. When employees are newly elected or appointed to National Office, the NCFLL will notify the Department and there will be a 90-day transition period from the date of receipt of such notice before the employee begins utilizing 100% official time. When an NCFLL National Official leaves office, he/she will normally have a right to return to the position of record. In any case, the Official will normally have a right to return to a position in the commuting area.
Section 7 - Travel Expenses
The Department and the NCFLL have a mutual commitment to contain travel expenses in connection with representation. Therefore, the parties agree to the following provisions.
A. Union Representatives
1. The Department and the NCFLL agree that, ordinarily, representation of employees or the Union on official time will be performed by Union Representatives from within the commuting area and, to the extent practicable, from within the same DOL Agency or in accordance with the Steward designations pursuant to Article 6.
2. If there is no Union Representative in the commuting area, the Department will pay appropriate travel expenses of the nearest representative. This includes representation at Steps 1 and 2 of the grievance procedure and for institutional grievances.
3. If the Union designates a representative from outside the commuting area when one exists within, the Department will have no obligation for the representative's travel expenses. Where there is no representative in the commuting area and the Union does not designate the nearest representative, the Department will pay constructive or comparable cost travel expenses. This includes representation at Steps 1 and 2 of the grievance procedure and for institutional grievances.
4. Exceptions to Subsections 2. and 3. above:
(a) The Department will pay travel expenses for the NCFLL Representative at an arbitration proceeding.
(b) The Department will pay travel expenses for the NCFLL Representative within a Region at other third party proceedings (as delineated in Section 2A.2. of this Article) when an employee has designated a Union Steward or Official as his/her personal representative.
(c) If any question arises over travel expenses concerning representation in connection with third party proceedings, it shall be referred to the NCFLL President and DOL Director of Labor-Management Relations Center for resolution.
5. The Department will pay travel expenses for NCFLL Representatives for midterm bargaining initiated by Management.
6. The Department will pay for travel to Labor-Management Relations Committee meetings.
B. Bargaining Unit Employees
Bargaining unit employees will be reimbursed for travel expenses in connection with meetings with Management, face-to-face oral responses to proposed disciplinary suspensions or adverse actions, or participation in grievances or arbitrations or other third party proceedings (as delineated in Section 2A.2. of this Article).
Article 9
Use of Official Facilities
Section 1 - Bulletin Boards
A. The Department agrees that the NCFLL will have the use of bulletin boards in DOL space.
B. Notices placed by the NCFLL on bulletin boards or distributed as provided in Section 2 of this Article may not contain material which would appear to identify it as the Department's material or that it is sponsored or endorsed by the Department; nor contain any scurrilous or libelous material.
Section 2 - Distribution
A. The NCFLL may distribute material on the Department's premises in work areas to individual employees before and after scheduled working hours subject to internal security requirements, or in the non-work areas during scheduled work hours, provided that both the employee distributing and the employee receiving such material are on their own time.
B. The Department agrees to distribute notices and circulars sponsored by the NCFLL to all designated employees in the bargaining unit, to be sent along with regular, Departmental distributions, provided they are:
(1) delivered to Washington, D.C., or appropriate Regional Administrator-OASAM;
(2) reasonable in size;
(3) clearly identified as NCFLL material;
(4) contain nothing that identifies the material as Department material or implies that the material is sponsored or endorsed by the Department;
(5) limited to matters of direct concern to bargaining unit employees in relation to the NCFLL or the Department;
(6) identify distribution desired, i.e., distribution to all employees, specific Agency, specific office, or bargaining unit employees only; and
(7) not delivered at a frequency that would interfere or otherwise greatly delay the normal flow of mail delivery.
C. Notices and circulars which meet the standards set forth in Subsection B. above will be similarly distributed to all designated field bargaining unit employees in a particular Region provided a sufficient quantity is delivered by the NCFLL to the Regional Administrator-OASAM.
Section 3 - Meeting Rooms
A. Management, with an advance request from the NCFLL, will provide meeting space for meetings of bargaining unit employees before or after working hours or during lunch periods. The NCFLL agrees to comply with all security and housekeeping rules in effect at that time and place.
B. Management, with an advance request from the NCFLL, will provide a meeting room, equipped where practicable with a telephone if included in the request, for preparing or discussing a grievance and preparing for meetings with Management.
C. Management will provide the NCFLL Executive Committee Officials with a meeting room in the National Office when they are meeting with Management.
Section 4 - Telecommunications Equipment and Systems
A. NCFL Officials and Stewards shall have access to the Departmental Telecommunications System and where this system is unavailable NCFLL Officials and Stewards shall have access to the commercial telephone system for the conduct of labor-management relations business, but not for internal Union business.
B. Management will provide National NCFLL Officials with access to the Departmental Telecommunications System for the conduct of labor-management business during the time they are meeting in the National Office.
C. NCFLL Officials and Stewards shall have access to Departmental facsimile facilities for the conduct of labor-management relations business, but not for internal Union business.
D. Consistent with Departmental security requirements, the NCFLL representatives will have access to the Department of Labor electronic mail system for the conduct of labor-management relations business, but not for internal Union business.
Section 5 - Use of Government Mail
NCFLL Officials and Stewards shall have use of Government mail for the conduct of labor-management relations business, but not for internal Union business.
Section 6 - Information for the NCFLL
Management agrees, in accordance with
5 U.S.C. 7114(B)(4), to provide the NCFLL, or its designated representative, upon request and to the extent not prohibited by law, information which is normally maintained by the Department in the regular course of business and which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of bargaining; and which does not constitute guidance, advice, counsel, or training provided to Management Officials or supervisors relating to collective bargaining.
Section 7 - Bargaining Unit Employee Information for the NCFLL
A. Management will furnish annually to the NCFLL, during the month of February for its internal use only, a copy of the computer printout by Region of the names, position titles, grades, bargaining unit status, dues check-off status, title by Agency, and duty stations of all employees in the bargaining unit.
B. Management will furnish monthly to the NCFLL, for its internal use only, a copy of the computer printout by Region of the names, position titles, grades, and duty stations of all employees in the bargaining unit appointed, transferred, promoted, and separated during the preceding month.
C. Where information has been provided to the NCFLL in hard copy form in the past, the Department will move to providing this information electronically as it becomes available in that format.
Section 8 - Office Equipment
A. National Office
Management agrees to provide the NCFLL with the use of a lockable file cabinet in the National Office, conveniently located, for the use of the National NCFLL Executive Committee Officials, plus one in each National NCFLL Official's field office.
B. Regional Offices
Management agrees to provide the use of one lockable file cabinet in each Regional Office for the use of Regional Union Officials.
C. Use of Photocopying Equipment
NCFLL Officials and Stewards shall have access to Departmental photocopying equipment for the conduct of labor-management relations business but not for internal Union business.
D. Appropriate Use
The NCFLL's use of the Department's equipment for Labor Management business is considered official use and is not subject to the appropriate use policy regarding personal use contained in
Section 9 - Telephone Listings
A. Subsequent publications of the Department of Labor telephone listing will include a list of the members of the NCFLL Executive Board, their addresses, and their telephone numbers. Additional information may be included by mutual agreement.
B. In subsequent publications of the Regional Department of Labor telephone listing the names, addresses, and telephone numbers of the Presidents of the Locals in that Region will be included. Additional information may be included by mutual agreement.
Section 10 - Office Space Privacy for NCFLL Executive Board Officials
A. The Department will make good faith efforts to obtain private space for Executive Board Officials who are not so situated. Ideally such efforts will result in the provision of an office but it is recognized that such facilities cannot be guaranteed.
B. In any case where a member of the Executive Board acquires or has acquired the use of space, any right to the use will cease when that official has relinquished the position on the Executive Board.
Section 11 - Identification of Equipment and New Technology
This Article identifies the use of facilities and equipment to which the parties have agreed. However, with the introduction of new technology into the Department's work environment, either party may initiate bargaining on the new technology.
Article 10
Dues Withholding
Section 1 - Eligibility
A. Bargaining unit employees, who are members of NCFLL locals may have their dues withheld through payroll deductions. Dues withholding is to be voluntary on the part of the individual employee. The NCFLL Locals will undertake to inform members of the voluntary nature of dues withholding and of the conditions governing a member's cancellation of dues withholding.
B. Any member of an NCFLL Local within the bargaining unit who is in good standing and who is currently employed on a regularly scheduled tour of duty by the Department of Labor may authorize dues withholding at any time during the life of this Agreement provided that his/her regular biweekly salary is sufficient to cover the amount of the deduction.
C. Dues are defined as the regular, periodic amount of money required to maintain the member in good standing in an NCFLL Local.
Section 2 - Designation
The NCFLL Local agrees to inform Management of changes in the following:
(A) The title and address of the individual Local Union Treasurer responsible for certifying on each employee's authorization form the amount of dues to be withheld;
(B) The title and address of the individual Local Union Treasurer to whom remittances are to be made; and
(C) The payee(s) to which remittance checks should be made out (such as Local 0000, AFGE, AFL-CIO).
Section 3 - Procedure for Authorizing Dues Withholding
A. All authorizations must be made on Standard Form 1187, Request and Authorization for a Voluntary Allotment of Compensation for Payment of Employee Organization Dues. The NCFLL Local is responsible for purchasing this Form, distributing it to its members, and instructing its members in its use.
B. The individual Local Union Treasurer is responsible for certifying on each member's authorization form the amount of dues to be withheld each pay period prior to forwarding the Form to the Regional Administrator-OASAM (RA-OASAM).
C. Deductions will be made beginning with the first full pay period after the form is received in the Office of the RA-OASAM. Deductions will continue to be made in each subsequent pay period until terminated as provided in this Article.
Section 4 - Automatic Reinstatement of Dues Withholding
A. The Department will automatically reinstate the dues withholding of bargaining unit employees returning to a bargaining unit position from a temporary reassignment or temporary promotion to a position outside the bargaining unit.
B. The Department will automatically reinstate the dues withholding of bargaining unit employees returning to a pay status from a non-pay status (e.g., LWOP).
Section 5 - Revocation or Termination of Dues Withholding
A. Members may revoke their authorization at any time by sending written notice or Form 1188 (Cancellation of Payroll Deduction for Labor Organization Dues) to the Office of the RA-OASAM. Revocations should be submitted in duplicate. Revocations will not become effective until the beginning of the first pay period which starts after January 11, provided that the revocation has been received in the Office of the RA-OASAM by that date.
B. Authorizations will be automatically terminated if the member leaves the Department for any reason.
C. Any employee who is reassigned or promoted to a position outside the bargaining unit shall cease to be eligible for dues withholding. Deductions will be terminated at the beginning of the pay period in which the action becomes effective. The affected employees will be provided with the following notice:
NOTICE OF TERMINATION OF DUES WITHHOLDING
Regulations governing dues withholding to a labor organization require that dues withholding be automatically cancelled whenever an employee is reassigned or promoted to a position outside the bargaining unit.
You were recently subject to a reassignment or promotion which will automatically terminate your dues withholding. The final dues withholding will be made for the last pay period in your old position.
If you have any questions regarding the termination of your dues withholding, you may wish to contact an NCFLL Local. You may continue your membership by direct payment of dues.
D. The individual Local Union Treasurer will notify the RA-OASAM within five calendar days when a member of an NCFLL Local who has authorized dues withholding and is currently employed by the Department is expelled or ceases to be in good standing. Deductions in this situation will be stopped at the beginning of the first full pay period after the notice is received.
Section 6 - Changes in Dues Structure
In the event of a change in the regular dues of the NCFLL Local, the deduction from the salaries of those members who have previously authorized dues withholding for the NCFLL Local will be adjusted upon certification of the dues change by the NCFLL Local Union to the RA-OASAM. This change will be made beginning with the first full pay period which starts after the certification is received. A change in deductions under this Section may not be made more frequently than once every 12 months.
Section 7 - Remittance to the NCFLL and Cost of Service
A. The Department will arrange for a payment to be sent to the individual Local Union Treasurer after each pay period for the remittance of dues withheld.
B. The Department will provide to the individual Local Union Treasurer a biweekly listing of the name and Agency of each member from whose salary dues have been withheld and the amount withheld for each person listed. The biweekly listing will provide annotated explanations of cases in which dues are not withheld (such as no payment, cancellation, LWOP, separated, etc.). The Department will also send copies of revocation notices to the respective Local Unions as they are received.
C. There will be no cost to the NCFLL or individual Local Unions for dues deductions.
Section 8 - Correction of Errors
A. Administrative errors in remittance checks will be corrected and adjusted in the next remittance check to be issued to the individual Local Union Treasurer. If the individual Local Union Treasurer is not scheduled to receive a remittance check after discovery of the error, the individual Local Union Treasurer agrees to refund the amount of erroneous remittance as soon as practicable.
B. Management agrees that the total error in the amount of dues withheld from individual employees shall be adjusted as soon as practicable after Management has discovered or has received written notification from the individual Local Union Treasurer of an error.
C. Management will provide the employee with a written explanation as follows:
Dear____________________:
Article 10 of the Agreement in effect between the Department of Labor and the National Council of Field Labor Locals provides that the Department shall withhold dues from the paychecks of those employees who voluntarily authorize such a withholding. In the exercise of this responsibility an error has been made. As a result, the Department will withhold _______ from your check for pay period ______________ in addition to the amount normally withheld.
Section 9 - Duration of Dues Withholding Article
A. This Article will remain in effect after the termination of this Agreement and until completion of negotiations or until 30 calendar days beyond the completion of any third party procedure thereunder.
B. The parties to this Agreement may mutually agree in writing to extend this Article at any time.
C. Should the NCFLL, for any reason, lose its exclusive recognition status under the Statute, deductions for all members will be terminated at the beginning of the first full pay period following loss of such recognition.
Article 11
Management Rights
Section 1 - General
A. The Department retains the right to:
1. Determine the mission, budget, organization, number of employees, and internal security practices of the Department.
(a) to hire, assign, direct, layoff, and retain employees in the Department, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
(b) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;
(c) with respect to filling positions, to make selections from among properly ranked and certified candidates for promotion or from any other appropriate source; and
(d) to take whatever actions may be necessary to carry out the mission of the Department.
B. Nothing in this Section shall preclude the Department and the NCFLL from negotiating:
(1) at the election of the Department, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
(2) the procedures which Management Officials of the Department will observe in exercising any authority under this Section; or
(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this Section by such Management Officials.
Section 2 - Applications
The requirements of this Article shall apply to all supplemental agreements between the NCFLL and the Department.
Article 12
Performance Based Actions
Section 1 - General
A. This Article pertains to reduction in grade and removal based on unacceptable performance.
B. The Department will administer actions based solely on unacceptable performance in accordance with law, applicable Government-wide and DOL regulation, and this Article.
Section 2 - Initial Procedure
A. At any time during the performance appraisal cycle that an employee's performance becomes unacceptable in one or more critical elements, Management shall inform the employee as provided in Article 43 of this Agreement. Management should also inform the employee that unless his or her performance in the critical element(s) improves to and is sustained at an acceptable level, as defined in 5 CFR 432, the employee may be reduced in grade or removed.
B. The employee will be afforded a reasonable opportunity to demonstrate acceptable performance in accordance with Article 43 of this Agreement.
Section 3 - Notice of Proposed Action
An employee will be given written notice of a proposed reduction in grade or removal based on unacceptable performance at least 30 calendar days in advance of the action. The employee has a right to representation and will be given the opportunity to respond orally and/or in writing to the proposed action prior to a decision.
Section 4 - Notice of Decision
Management shall make its final decision within 30 days after expiration of the advance notice period and shall issue written notice of the decision to the employee. An employee against whom the action is taken will be informed of any applicable appeal rights.
Article 13
Disciplinary Actions
Section 1 - General
A. A disciplinary action, for the purposes of this Article, is defined as an oral admonishment confirmed in writing, a written reprimand, or a suspension for 14 calendar days or less. In order to ensure a common understanding of how the Department effects disciplinary actions, Regional Labor and Employee Relations Staff will be made available to conduct training at NCFLL Stewards training.
B. No bargaining unit employee will be the subject of a disciplinary action except for just and sufficient cause and for reasons which will promote the efficiency of the Department.
C. A meeting between an employee and his/her supervisor and/or any other Management Official, during which the principal topic of discussion is to be discipline or potential discipline, will entitle the employee involved to request to be accompanied by his/her NCFLL Representative during the meeting. The employee will be informed in advance if discipline or potential discipline is to be the principal topic of discussion. If such request is made, the supervisor or other Management Official will honor the request. If the employee requests an NCFLL Representative, the meeting will be held, or rescheduled, when an NCFLL Representative can be present.
Nothing in this Article confers a right to representation during a counseling session.
D. A reasonable period of time should elapse between the date of receipt of the decision to suspend and the effective date of the suspension.
Section 2 - Procedures for Suspension
When Management proposes to suspend an employee for 14 calendar days or less, the following procedures will apply:
(B) The notice must state reasons for the proposed discipline specifically and in detail, in order to allow the employee to respond, and must clearly state the employee's right to make a response to the proposal and his/her right to be represented by the NCFLL. The employee will be given an original and one copy for referral to the Chairperson of the NCFLL Arbitration Committee, at the employee's option.
(C) The employee may file a written response and/or make an oral response to the notification prior to the end of the ten workday notice period.
(D) After receipt of the written and/or oral response or the termination of the notice period, Management will issue a final written decision to the employee which shall include a statement of the employee's grievance/ arbitration rights, including a statement that any appeal is only to arbitration, which may be invoked only by the NCFLL within ten workdays from employee receipt of the final written decision, and the name, address, and telephone number of the Chairperson of the NCFLL Arbitration Committee. The employee will be given an original and one copy for referral to the Chairperson of the NCFLL Arbitration Committee, at the employee's option.
Section 3 - Grievance/Arbitration Rights
A. An employee who is dissatisfied with an oral admonishment confirmed in writing or with a written reprimand may file a grievance pursuant to Article 15 of this Agreement.
B. If the final written decision provided for in Section 2 of this Article involves a suspension for 14 calendar days or less, the matter may be appealed directly to arbitration, in accordance with Article 16 of this Agreement, by notifying Management within ten workdays from receipt of the final written decision. Such notification shall be by certified mail to the Director, Labor-Management Relations Center (LMRC), with a copy to the appropriate Regional Agency Head.
C. The arbitrator's decision will be in accordance with the provisions of Article 16.
Section 4 - Evidence
A. An employee will, in any disciplinary action, be furnished a copy of all material relied on by Management which formed the basis for the reasons and specifications.
B. If the discipline is based on an investigative report, the employee will be furnished all written documents from the investigation which are disclosable in accordance with applicable law, rule, or regulation.
C. The documentation specified in Subsections A. and B. above will be attached to the notice of proposed disciplinary action.
D. Evidence which Management is not permitted to divulge to an employee under applicable law, rule, or regulation will not be used against the employee.
Section 5 - Exception to Disciplinary Action Appeals
If a matter is pending before a court of law or the employee involved is under arrest or indictment, and the matter is otherwise appealable to arbitration under this Agreement, the arbitration will be postponed pending the conclusion of that legal process.
Article 14
Adverse Actions
Section 1 - General
A. An adverse action, for the purpose of this Article, is as defined in 5 CFR 752. In order to ensure a common understanding of how the Department effects adverse actions, Regional Labor and Employee Relations Staff will be made available to conduct training at NCFLL Stewards training.
B. This Article applies to bargaining unit employees who have completed their probationary or trial period.
C. No bargaining unit employee will be subject to an adverse action except for reasons which will promote the efficiency of the Department.
D. A meeting between an employee and his/her supervisor and/or any other Management Official, during which the principal topic of discussion is to be an adverse action or a potential adverse action, will entitle the employee involved to request to be accompanied by his/her NCFLL Representative during the meeting.
The employee will be informed in advance if an adverse action or a potential adverse action is to be the principal topic of discussion. If such request is made, the supervisor or other Management Official will honor the request. If the employee requests an NCFLL Representative, the meeting will be held, or rescheduled, when an NCFLL Representative can be present.
Nothing in this Article confers a right to representation during a counseling session.
Section 2 - Written Notice
In all cases of proposed adverse action, the employee will be given written notice, which will state any and all reasons for the proposed action specifically and in detail, at least 30 calendar days in advance of the action, except when there is reasonable cause to believe that an employee is guilty of a crime for which a sentence of imprisonment can be imposed. The employee will be given the opportunity to respond orally and/or in writing to the reasons for the action prior to a decision. The response may include written statements of persons having relevant information.
Section 3 - Evidence
A. An employee will, in any adverse action, be furnished a copy of all material relied on by Management which formed the basis for the reasons and specifications.
B. If the adverse action is based on an investigative report, the employee will be furnished all written documents from the investigation which are disclosable in accordance with applicable law, rule, or regulation.
C. The documentation specified in Subsections A. and B. above will be attached to the notice of proposed adverse action.
D. Evidence which Management is not permitted to divulge to an employee under applicable law, rule, or regulation will not be used against the employee.
Section 4 - Notice of Decision
A. An official who sustains the proposed reasons against an employee in an adverse action will set forth his/her findings with respect to each reason and specification against the employee in his/her notice of decision.
B. If the reasons are sustained in the notice of decision and an adverse action will be imposed, the decision notice shall include a statement of the employee's EEO complaint and MSPB appeal rights. Additionally, if the action is based solely on misconduct, the decision notice shall also include 1) a statement of the employee's grievance rights, and 2) a statement that the employee may appeal to the MSPB or may file a grievance, but not both. The notice of decision shall also include an explanation that any appeal to arbitration may be invoked only by the NCFLL within 30 calendar days from the effective date of the adverse action, and the name, address, and telephone number of the Chairperson of the NCFLL Arbitration Committee. The employee will be given an original and one copy of the notice for referral, at the employee's option, to the Chairperson of the NCFLL Arbitration Committee. If the NCFLL invokes arbitration, the grievance form signed by the employee will be provided to the Labor-Management Relations Center as an attachment to the written invocation of arbitration.
Section 5 - CFR Precedence
The parties agree that any arbitration decision which is issued concerning this Agreement or Article may not have the effect under any circumstances of requiring Management to reverse or modify any adverse action taken if such decision is in violation of 5 CFR 752.
Article 15
Grievance Procedure
Section 1 - Purpose
The purpose of this Article is to provide a mutually acceptable method for prompt and equitable settlement of grievances. The parties have a mutual interest in resolving grievances at the lowest level in a timely manner. To promote conflict resolution, supervisors, stewards, and employees should deal with the issue(s) and not personalities. Efforts should be made to resolve disputes informally prior to filing a formal grievance. Education and training in dispute resolution is a means to achieve this interest. Interest-based problem solving should be utilized as much as possible to resolve disputes. Both managers and Union Representatives should become familiar with interest-based problem solving techniques.
Supervisors and NCFLL Stewards are encouraged to meet periodically to discuss matters of mutual concern. If informal discussions do not resolve the issue(s) and a grievance is filed, a face-to-face meeting at Step 1 may be unnecessary and can be waived by mutual agreement. At any step of the process, the use of a facilitator may be useful and agreed to mutually.
Nothing in this Agreement shall be construed as precluding discussion between a bargaining unit employee and/or his/her designated NCFLL Representative and his/her immediate supervisor about a matter of concern to either of them.
Once a matter has been made the subject of a grievance under this procedure, nothing in this Agreement shall preclude either party to this Agreement from attempting to resolve the grievance informally.
In addition to the foregoing, the parties remain committed to forging new alternative dispute resolution (ADR) procedures in lieu of the standard negotiated grievance procedure. Such ADR procedures could be utilized at any step of the negotiated procedure. The parties may agree to pilot or experiment with different ADR procedures in different organizational or geographical segments of the bargaining unit.
Section 2 - Coverage and Scope
A. Bargaining Unit Employee(s) Grievance
A grievance by a bargaining unit employee(s), including probationary employees, is a request for personal relief in any matter of concern or dissatisfaction to the employee or group of employees concerning the interpretation, application, and/or violation of this Agreement; or the interpretation or application of Departmental regulations, and the application of Government-wide regulations with respect to personnel policies, practices, and other matters affecting working conditions. In the case of an employee electing to grieve a conduct-based adverse action, within 30 calendar days of the effective date of the decision, the employee shall file a signed grievance form with the Deciding Official, Steps 1 and 2 of the negotiated grievance procedure are automatically waived, and the Union may invoke arbitration. The time frame for the Union to invoke arbitration is the same time frame the employee has to file with the MSPB, namely 30 calendar days. Therefore, it is incumbent upon the affected employee to coordinate with the Union well in advance of the deadline.
B. NCFLL (Union) Grievance
A grievance by the NCFLL is a request for 1) institutional relief, or 2) personal relief on behalf of two or more bargaining unit employees over the interpretation or application of this Agreement or the interpretation or application of Departmental regulations, and the application of Government-wide regulations covering personnel policies and practices and other matters affecting working conditions. In the case of a Union grievance, the parties will waive Steps 1 and 2 of this negotiated procedure; however, the parties will make an informal effort to resolve the grievance at the level of dispute. If within seven workdays the matter cannot be resolved, it will be transmitted to the Department's Labor-Management Relations Center (LMRC) in Washington, D.C. The LMRC will issue a written decision within ten workdays. Upon receipt of the reply, the NCFLL, may, within 20 workdays, invoke arbitration as provided in Article 16 of this Agreement, with the Director, Labor-Management Relations Center. If no timely reply is issued, the NCFLL may, within 20 workdays from the date the decision was due, invoke arbitration.
C. Issue of Grievability
If Management declares a grievance non-grievable or non-arbitrable, the original grievance shall be considered amended to include this issue. Whenever the issue of grievability is raised before arbitration is invoked, the issue will be referred to the NCFLL Chair of the Arbitration Committee and the Department's Labor-Management Relations Center for resolution.
D. Matters Subject to Appeals Procedure
(a) a matter which is subject to a statutory appeal procedure (except as provided in Subsection 2. below) outside the Department under law or the regulations of the Office of Personnel Management and/or EEOC including but not limited to the following:
Actions or Decisions Available Procedure
Reduction in Force 5 CFR 351
EEO Discrimination
29 CFR 1614 Personnel Security 5 CFR 732&
736Classification
Performance Based 5 CFR 432
Reduction in Grade or 5 CFR 752
and Removal Actions
(b) a binding decision made by an authority outside the Department;
(c) non-selection from a properly prepared Merit Starring Certificate;
(d) failure to recommend or disapproval of a recommended quality step increase, individual performance award, or other kind of honorary or other discretionary award;
(e) failure to adopt a suggestion submitted under the Incentive Awards Program;
(f) summary rating on appraisal of Highly Effective or Outstanding;
(g) termination and/or separation of probationary employees; and
(h) individual participation in a Flexiplace Program.
2. The Article does apply to coverage, status, and back pay claims under the Fair Labor Standards Act and to the denial of a within-grade increase. The parties agree to the following for denial of a within-grade increase:
In a grievance over a reconsideration official's decision to sustain a determination made by an employee's supervisor to withhold a within-grade increase, the parties will waive Steps 1 and 2 of the negotiated grievance procedure. The grievance may only be appealed directly to the Department's Labor-Management Relations Center within seven workdays after receipt by the employee of the reconsideration decision.
E. Matters Subject to Pending EEO Complaint
In the event that an EEO complaint and a grievance are both filed concerning the same set of facts or on the same issue(s), the filing of an EEO complaint shall have the effect of terminating the grievance. In the event the Department dismisses the EEO complaint on a technicality or for a non-substantive reason, the Union or the affected employee may resurrect the grievance in connection with any non-EEO issues within 30 calendar days of receipt of the Department's EEO complaint decision by notifying the appropriate Management Official at the last processed step of the grievance procedure.
F. Matters Subject to Other Statutory Appeals
If the Department determines that the issue(s) raised in a grievance under this negotiated procedure is subject to a statutory appeals procedure, and is therefore not grievable under this procedure, it shall immediately notify the grievant(s) and/or his designated NCFLL Representative.
Section 3 - Exclusive Procedure
This shall be the exclusive procedure available to unit employees for the resolution of grievances as defined in Section 2A. of this Article and for the Union as defined in Section 2B. of this Article. With respect to conduct-based adverse actions as defined by Article 14, if the Department's final decision is to effect an adverse action against a bargaining unit employee, the employee may elect either to appeal the decision to the Merit Systems Protection Board (MSPB) or to file a grievance as clarified in Article 14. Under no condition may an employee appeal an adverse action to the MSPB and file a grievance.
Section 4 - Representation
A. 1. Bargaining unit employee(s), filing a grievance under
this procedure, may be represented only by a designated NCFLL Steward, Regional NCFLL Official or National NCFLL Official, or a personal representative endorsed by the NCFLL.
2. Any bargaining unit employee or group of bargaining unit employees may present a grievance under this procedure without representation as long as the resolution is not inconsistent with the terms of this Agreement and the NCFLL is given an opportunity to be present at any discussion or attempts at resolution of the grievance with the grievant(s). Official time will be granted and travel expenses will be paid in accordance with Article 8.
B. At each step of the grievance procedure, one representative at a time shall be entitled to official time for purposes of preparation and presentation of the grievance. Travel expenses will be paid in accordance with Article 8.
C. Where the grievant(s) has designated an NCFLL Representative, all communications with regard to the grievance and attempts at resolution of the grievance shall be made through the designated NCFLL Representative or simultaneously to the representative and the grievant(s).
D. The grievance meeting will be with the contractually designated Management Official and the employee with his/her designated Union Representative. The designated Management Official may have necessary staff support for a full and accurate discussion of the grievance.
Section 5 - Who May Initiate Grievance
A. Employee Grievance
A grievance under this Article may be initiated by unit employees either singly or jointly. Any such grievance must bear the signature(s) of all the aggrieved employee(s).
B. Union or Institutional Grievance
The NCFLL or its designee may initiate a grievance on its own behalf as defined in Section 2B. of this Article. Any such grievance must bear the signature of the grievant. The NCFLL will provide to the Director, LMRC, the names of all NCFLL Representatives authorized to file a Union grievance. In addition, an NCFLL Executive Board member may initiate a grievance on behalf of two or more employees.
Section 6 - Standard Form for Grievance
A. An employee grievance shall be presented on the negotiated standard grievance form. The filing of grievances can be done electronically. It shall be signed by the grievant(s), dated, and at a minimum shall contain:
(1) date filed;
(2) the names(s) of the grievant(s);
(3) the name of the NCFLL Representative, if any;
(4) specification of the Article(s), Section(s), and Subsection(s) of this Agreement or the Department regulations or working conditions which are alleged to have been violated;
(5) the nature and facts of the grievance;
(6) the remedy desired; and
(7) signature(s) of grievant(s).
B. An appeal of a grievance to a higher Step of this procedure shall include a copy of the grievance form plus copies of all replies received at all previous Steps. In addition, the appeal shall specify any elements of the grievance which have been resolved at a lower Step.
C. Except by mutual consent of the parties, no allegations shall be raised in the appeal of a grievance which were not contained in the Step 1 grievance.
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DOL/NCFLL GRIEVANCE FORM |
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Name of Grievant(s):
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Region:
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Agency:
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Name of NCFLL Representative (If Any): |
Date of Alleged Violation:
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Alleged Violation(s) - Contract Article(s), Section(s), Subsection(s), Regulation(s), or Working Condition(s):
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Nature and Facts of Grievance:
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Remedy Desired: |
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Step 1 Grievance - Signature(s) of Grievant(s):
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Date: |
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Step 2 Grievance - Signature(s) of Grievant(s) Or NCFLL Official: |
Date: |
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Section 7 - Procedures, Employee Grievance
The parties to a grievance at either Step 1 or Step 2 may mutually agree to use a facilitator to assist them to resolve the grievance. With respect to a grievance concerning a performance appraisal, the parties may mutually agree, in writing, to waive Step 1 and/or Step 2 if the rating official or the reviewing official are the same officials in the grievance procedure.
A. Step 1
1. A grievance must be presented in writing on the negotiated grievance form within 30 calendar days of when the bargaining unit employee or NCFLL has learned or may reasonably been expected to have learned of its cause.
2. A grievance shall be discussed at a meeting, unless mutually agreed to otherwise between the grievant and the immediate supervisor (who prepares the aggrieved employee's performance evaluation) or with the manager whom it is alleged has violated this Agreement. The supervisor/manager shall have seven workdays in which to attempt to resolve the grievance with the aggrieved employee and/or designated NCFLL Representative and provide a written response addressing all the issues raised in the grievance. When and where technology becomes available, grievance decisions may be issued electronically.
3. If the grievance involves merit staffing procedures which prevent an applicant from being considered, the grievance shall be filed with the Regional Personnel Officer. The grievant will discuss the issue telephonically with the Regional Personnel Officer within 30 days of when the bargaining unit employee or NCFLL has learned of its cause. The Regional Personnel Officer will have seven workdays in which to respond telephonically to the grievance. The grievance may be filed at Step 2 with the Regional Personnel Officer on the negotiated grievance form within seven workdays of the response from the Regional Personnel Officer. The procedures set forth below for processing Step 2 grievances must be followed.
B. Step 2
1. A grievance may be appealed to Step 2 of this procedure within seven workdays of receipt of the written response to the aggrieved employee(s) at Step 1 or, if no timely reply is made at Step 1, within 14 workdays after the grievance was presented at Step 1.
The time limit requirement of this Section will be satisfied if the grievant does any of the following:
(a) Delivers to the Step 2 Official by hand the Step 2 appeal within seven workdays or 14 workdays, as the case may be, of receipt of the Step 1 reply;
(b) Mails by Government certified mail, to the Step 2 Official, an appeal within seven or 14 workdays, as the case may be, and the mailing envelope shows a postmark with a date indicating that the appeal was mailed within the seven or 14 workday period; or
(c) Notifies the Step 2 Official by telephone within the seven or 14 day time period, as the case may be, that an appeal is being filed, followed immediately by a written appeal mailed to the Official.
2. The Step 2 grievance appeal shall be presented in writing on the negotiated standard grievance form, together with copies of all replies and other pertinent materials received at the previous Step, to the appropriate Agency Regional Administrator (or equivalent). The Regional Administrator (or equivalent) shall have seven workdays in which to discuss and resolve the grievance with the aggrieved employee and/or the designated NCFLL Representative and to issue a written reply. When and where technology becomes available, grievance decisions may be issued electronically.
The discussion will be face to face unless mutually agreed to otherwise. Official time and travel expenses for the NCFLL Representative will be in accordance with Article 8.
3. Upon receipt of the reply of the Step 2 Official, the NCFLL may, within 60 calendar days, invoke arbitration as provided in Article 16 of this Agreement with the Director, LMRC.
4. If no timely reply is issued by the Step 2 Official, the NCFLL may, within 60 calendar days from the date that the Step 2 decision was due, invoke arbitration as provided in Article 16 of this Agreement with the Director, LMRC.
C. Statement of Grievability
Management agrees to furnish the NCFLL a final written statement of grievability/arbitrability of a grievance at the earliest Step possible but no later than 45 calendar days before the hearing.
Section 8 - Failure to Meet Requirements
A. Failure on the part of an aggrieved employee to prosecute his/her grievance within the stated time periods at any Step of this procedure will have the effect of nullifying the grievance unless the parties mutually agree otherwise.
B. Failure on the part of the NCFLL to prosecute a grievance, filed in its own behalf within the stated time periods at any Step of this procedure will have the effect of nullifying the grievance unless the parties mutually agree otherwise.
C. Failure on the part of Management to meet any of the time requirements of this procedure will permit the aggrieved employee or the NCFLL to move to the next Step.
Section 9 - Modification of Procedures
A. The time limits delineated in this Article may be extended by mutual written agreement of the parties at that Step.
B. The parties at any Step may mutually agree in writing to waive that Step of this procedure.
C. For expeditious processing of grievances, the parties, by mutual agreement, may consolidate grievances concerning similar issues into a single grievance.
Section 10 - Stays of Personnel Action
A. Except for adverse actions taken pursuant to 5 CFR 752, Subpart D, a pending or proposed personnel action which has been made the subject of a grievance or arbitration will be stayed upon receipt of written notice pending the final decision of the Department, except that such actions may be completed at the discretion of the appropriate Assistant Secretary or equivalent Agency Head where there is (1) a statutory provision for retroactive restoration of lost compensation in the event the action is reversed, or (2) the action is a promotion or appointment.
B. Should the Assistant Secretary or equivalent Agency Head decide to complete such an action, he/she will state his/her reasons in writing with copies to the aggrieved employee and his/her NCFLL Representative. When it is deemed appropriate, any personnel action not covered in Subsections A.(1) or (2) above may be effected upon written authority of the Secretary.
C. A "personnel action" as used in this Section is:
(1) an action which requires the issuance of a formal document (DL-50) or form used in lieu thereof through which a change in the employment condition of an employee is recorded and documented;
(2) a disciplinary action as defined in Article 13, Section 1.A.; and
(3) a detail of more than 30 days.
D. 1. (a) Personnel actions involving the filling of
vacancies are no longer "pending or proposed" when the candidate has been notified of his/her selection by the authorized Regional Personnel Office Official and has accepted the job. Management and the NCFLL agree that such offers and acceptances shall be made and received only by the authorized Regional Personnel Office Official.
(b) Notice to the designated NCFLL Official concerning the selection shall contain the date of selection, the date of the offer, and the date of acceptance.
2. Personnel actions not involving the filling of vacancies are no longer "pending or proposed" as of the effective date indicated on the DL-50 or the form used in lieu thereof recording the action.
Article 16
Arbitration
The invocation of a grievance to arbitration does not preclude the parties from mutually agreeing to achieve resolution through the use of mediation. This mediation does not have to stop the arbitration process from going forward and can occur at any time prior to the hearing.
Section 1 - Selection of Arbitrator
A. When arbitration is invoked by the NCFLL under any of the appropriate provisions of this Agreement, the parties shall, within five workdays from receipt of the request for arbitration, request the Federal Mediation and Conciliation Service (FMCS) to provide a list of five arbitrators with copies to each of the parties. If the request to FMCS is not initiated within five workdays, the NCFLL, after notifying the Department, may request the list of five arbitrators from the FMCS.
B. Within three workdays from receipt of the list from FMCS, the parties shall confer as appropriate to choose an arbitrator. If they cannot mutually agree on one name from the list, the parties will alternately strike one name from the list until only one name remains. The remaining name on the list shall be the duly selected arbitrator. The Federal Mediation and Conciliation Service shall be immediately notified of this selection.
C. The Federal Mediation and Conciliation Service shall be empowered to make a direct designation of an arbitrator to hear the case in the event:
(1) Either party refuses to participate in the selection of an arbitrator; and/or
(2) Upon inaction or unreasonable delay on the part of either party.
Section 2 - Cost of Arbitrator; Fees and Travel Expenses
The parties agree to share equally the cost of regular fees, including reasonable travel expenses and reasonable research expenses of an arbitrator selected and assigned to a case. The parties may wish to consult on the "reasonableness" of the arbitrator's charges.
Section 3 - Date and Site of Arbitration Hearing
A. Upon sele