MEMORANDUM OF
AGREEMENT
BETWEEN
MCCHORD AFB, WASHINGTON
AND
LOCAL 1501,
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
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MEMORANDUM OF
AGREEMENT Article 1. MEMORANDUM OF AGREEMENT |
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Article 2. COMPOSITION OF THE UNIT |
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Article 3. NEGOTIATION PRINCIPLES |
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Article 4. EMPLOYEE'S RIGHTS |
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Article 5. UNION RIGHTS AND RESPONSIBILITIES |
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Article 6. EMPLOYER RIGHTS AND RESPONSIBILITIES |
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Article 7. MATTERS APPROPRIATE FOR NEGOTIATION |
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Article 8. INTERNAL UNION BUSINESS |
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Article 9. MEETINGS |
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Article 10. MEDICAL ATTENTION FOR CIVILIAN EMPLOYEES |
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Article 11. UNION AFFAIRS AND MEETINGS |
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Article 12. UNION REPRESENTATION (UNION STEWARDS) |
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Article 13. DUTY ASSIGNMENT |
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Article 14. DETAILS |
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Article 15. DISCIPLINARY AND ADVERSE ACTIONS |
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Article 16. TOUR OF DUTY |
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Article 17. OVERTIME |
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Article 18. LEAVES |
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Article 19. EQUAL EMPLOYMENT |
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Article 20. SUPERVISOR'S RECORD OF EMPLOYEE |
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Article 21. OCCUPATIONAL HEALTH AND SAFETY |
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Article 22. PARKING FACILITIES |
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Article 23. ENVIRONMENTAL AND HAZARDOUS DUTY PAY |
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Article 24. TRAINING |
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Article 25. IMPACT OF REALIGNMENT OF WORK FORCE |
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Article 26. REDUCTION-IN-FORCE |
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Article 27. CONTRACTING OUT OF BARGAINING UNIT WORK |
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Article 28. RETIREMENT |
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Article 29. REHABILITATION |
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Article 30. EMPLOYER-UNION COOPERATION |
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Article 31. DUES WITHHOLDING AGREEMENT |
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Article 32. CORE PERSONNEL DOCUMENT |
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Article 33. DEMONSTRATION/RESEARCH PROJECTS |
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Article 34. BLOOD DONATIONS |
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Article 35. GRIEVANCE PROCEDURE |
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Article 36. PERFORMANCE APPRAISAL SYSTEM |
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Article 37. TOBACCO USAGE |
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Article 38. PUBLICITY |
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Article 39. CHILD CARE |
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Article 40. AIR RESERVE TECHNICIANS |
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Article 41. FIREFIGHTERS |
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Article 42. DURATION OF AGREEMENT |
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Article 1.
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement, herein after referred to as the Agreement, is executed pursuant to the exclusive Recognition granted Local 1501, American Federation of Government Employees, hereinafter referred to as the Union, by the Commander, McChord Air Force Base, hereinafter referred to as the Employer.
Article 2. COMPOSITION
OF THE UNIT
The unit to which this agreement is applicable is composed of all eligible professional and nonprofessional Department of the Air Force employees at McChord AFB. Excluded are all management officials, supervisors, and employees engaged in Civilian Personnel work, other than those in a purely clerical capacity.
Article 3. NEGOTIATION
PRINCIPLES
Section 1. It is agreed that Congress found that experience in public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them, safeguards the public interest, contributes to the effective conduct of public business, and facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment.
Section 2. Congress further found that the public
interest demands the highest standards of employee performance and the continued
development and implementation of modern and progressive work practices to
facilitate and improve employee performance and the efficient accomplishment of
the operations of the Government. Therefore, labor organizations and collective
bargaining in the civil service are in the public interest.
Section 3. Past practices, which are in effect on the effective date of this agreement, will remain in effect unless changed through negotiations. Negotiations relating to past practices may occur at any time during the term of this agreement.
Article 4. EMPLOYEE'S
RIGHTS
Section 1. Each employee shall have the right to
form, join, or assist any labor organization, or to refrain from any such
activity, freely and without fear of penalty or reprisal, and each employee
shall be protected in the exercise of such right. Except as otherwise provided
under the Civil Service Reform Act such right includes the right:
a. To act for a labor organization
in the capacity of a representative and the right, in that capacity, to present
the views of the labor organization to heads of agencies and other officials of
the Executive Branch of the Government, the Congress, or other appropriate
authorities, and
b. To engage in collective
bargaining with respect to conditions of employment through representatives
chosen by employees under the Civil Service Reform Act.
Section 2. Nothing in this agreement shall require an
employee to become or remain a member of the labor organization, or to pay
money to the organization except pursuant to a voluntary, written authorization
by a member for the payment of dues through payroll deductions.
Section 3. Employees shall be apprised of their
rights described in this Article and that no interference, restraint, coercion
or discrimination is practiced to encourage or discourage membership in the
Section 4. Employees have the right to be represented
by the
Section 5. Employees have the right to present their
views to Congress, the Executive Branch, or other authorities and to otherwise
exercise their first amendment rights without fear of penalty or reprisal.
Employees shall be protected against reprisal of any nature for the disclosure
of information not prohibited by law, or Executive Order, which the employee
reasonably believes evidences a violation of law, rule or regulation, or
evidences mismanagement, or waste of funds, an abuse of authority, or a danger
to public or employee health or safety. Employees are encouraged to use
appropriate agency channels prior to using public media for such disclosure.
Section 6. The
a. The
employee reasonably believes that the interview may result in disciplinary
action against the employee; and
b. The
employee requests representation.
c. The
employee will be informed of the circumstance requiring the interview prior to
any questions being asked.
The
Employer will publish on a quarterly basis the above rights of the employee on
interviews. The employer will make a permanent posting, on all official
bulletin boards, of the language contained in Section 6(a), (b) and (c).
Section 7. Employees shall have the right to direct
and/or fully pursue their private lives, personal welfare and personal beliefs
without interference, coercion or discrimination by management as long as such
activities do not conflict with job responsibilities or reflect a bad image on
the Government. The standard of nexus shall apply.
Section 8. Employees will not be persecuted, harassed or suffer reprisal.
a. All employees shall be treated fairly and equitably and with dignity.
b. Management, in partnership with employees, will endeavor to enhance working conditions to improve morale and efficiency.
c. No disciplinary or adverse action will be taken against an employee without justifiable cause, i.e., unsubstantiated rumors or gossip are not examples of “justifiable causes.”
d. No employee will be subjected to intimidation, coercion, harassment, or prohibited personnel practice.
Section 9. Counseling shall encourage an employee's
improvement in areas of conduct or performance. Every effort will be made to
provide such guidance in an atmosphere that will avoid public embarrassment or
ridicule. If an employee is to be counseled or corrected, it will be done in
private to the extent it is within management control. Normally, counseling of
an employee will be conducted with only one management official present. If
more than one management official is present, the employee has the right to
request union representation.
Section 10. The Employer recognizes employees' rights
to assistance and representation by the
Section 11. Each employee will be advised of their chain of command, including the three levels directly above them, if applicable. If a supervisor change is made, the new supervisor's name and date assigned will be annotated in the 971 file and be signed by the employee.
Article 5. UNION
RIGHTS AND RESPONSIBILITIES
Section 1. The
Section 2. The
Section 3. The
Section 4. The
Section 5. The
Section 6. When an employee requests union
representation under the provisions of Article 4, Section 6, he/she will
contact a union steward who will be released, by management, for
representational purposes as soon as possible.
Section 7. The
Section 8. The
Section 9. The Civilian Personnel Flight will provide
the
Section 10. The
Article 6. EMPLOYER
RIGHTS AND RESPONSIBILITIES
Section 1. The appropriate management official will
inform an employee of their rights contained in Article 4, Section 6 when:
a. Prior to
an investigative interview, the management official has determined that
disciplinary action will result, or;
b. During
the course of an investigative interview, the management official determines
that disciplinary action will result.
Section 2. The Employer retains the right:
a. To
determine the mission, budget, organization, number of employees, and internal
security practices, and
b. In
accordance with applicable laws:
(1)
To hire, assign, direct, layoff, and retain employees, or to suspend, remove,
reduce in grade or pay, or take other disciplinary action against such
employees.
(2)
To assign work, to make determinations with respect to contracting out, and to
determine the personnel by which operations shall be conducted;
(3)
With respect to filling positions, to make selections for appointments from
among properly ranked and certified candidates for promotion or from any other
appropriate source; and
(4)
To take whatever actions may be necessary to carry out the Air Force mission
during emergencies.
Section 3. The
Article 7. MATTERS
APPROPRIATE FOR NEGOTIATION
Section 1. When the employer exercises, in writing,
any of its retained rights that will impact on the bargaining unit, the
following procedures will be adhered to:
a. The
Union President or their designee will be informed of the action to be
implemented, and;
b. The
c. If the
decision is to negotiate the issue, the union must submit a written proposal
within twenty (20) calendar days from receipt of management's written
notification of the intent to implement a policy or change.
Section 2. When any policy is to be implemented that
impacts on conditions of employment other than those contained in Article 6,
the following procedure will be adhered to:
a. When
policy changes impact on one (1) work area where a steward is assigned or
employed, the steward will be notified of the change in writing. Should
negotiations be desired, the steward will have ten (10) calendar days to
provide written proposals. Should the area have no steward assigned or
employed, the Union President will be notified in writing. Should the President
choose to negotiate, written proposals will be provided within ten (10)
calendar days.
b. If the
proposed change impacts more than one (1) work area, the Union President will
be notified, in writing, of the proposed change. The Union President will have
twenty (20) calendar days to provide written proposals if negotiation is
desired, as described in Section 1 above.
Section 3. Written notification of the proposed
policy changes will be furnished on all issues requiring notification to the
president. Written notification will be given to the steward when changes to a
written policy are proposed. Other changes will be communicated verbally.
Section 4. Matters appropriate for negotiations are
those matters, which relate to conditions of employment. Conditions of
employment are defined by law to mean personnel policies, practices and
matters, whether established by rule, regulation, Air Force instructions, or legal
authority, affecting working conditions except that such term does not include
policies, practices and matters;
a. Relating
to political activities prohibited by law;
b. Relating
to the classification of any position;
c. To the extent such matters are specifically provided for by Federal Statute.
Article 8. INTERNAL
UNION BUSINESS
It is agreed that internal Union business such as soliciting membership, collecting dues, electing officers, attending Union meetings, and posting and distributing literature will be conducted during non-duty hours of the employees involved. Shift workers may use annual leave to attend Union meetings.
Article 9. MEETINGS
Section 1. Representatives of the
Section 2. Additional meetings may be requested by
the Union President or the Commander's representative. Such requests will be
made not less than five (5) work days in advance of the requested meeting date
and must state the subject to be discussed. Subject matter of the meeting
should be described to allow the other party to be prepared for discussion at
the meeting.
Section 3. Seven days prior to meeting, a written
agenda will be submitted to the other party listing the topics to be discussed.
The topics should be described to allow the other party to be prepared for
discussion at the meeting. Should neither party submit an agenda for any given
monthly meeting, the meeting will be canceled for that month.
Section 4. Management will be responsible for taking
summary minutes of the meeting. The summary will be signed by both parties, as
to correctness, and one (1) copy will be furnished the
Section 5. The parties, by mutual consent, may
discuss topics not listed on the submitted agenda.
Section 6. The
Section 7. The Employer agrees that appropriate
supervisors from the various organizations throughout the base will be included
at monthly meetings.
Section 8. Work center supervisors and Union stewards will meet on a monthly basis at the request of either party.
Article 10. MEDICAL
ATTENTION FOR CIVILIAN EMPLOYEES
Section 1. Employees requiring medical treatment
shall be given adequate medical attention through the staff at the 62d Medical Group, McChord Air Force Base. Medical
treatment shall be provided for job incurred injuries on base. For emergency non-service connected illness or
injury, when manifested during the employee’s duty hours, the employee is to
call 911. Employees are encouraged, but
not required, to use base medical facilities. Medical service shall also be
extended to include physical examinations required by employment, directed by
management, or as determined by the Commander, 62 Medical Group. Management
shall establish a medical record of treatment and evaluation provided any
employee and, upon request, submit a copy or abstract of such record to
authorized persons in accordance with existing regulations.
Section 2. When permitted by regulation, the Employer shall provide, without cost, available immunization against communicable diseases to employees in the unit when the need exists, as determined by the Commander, 62d Medical Group.
Section 3. It
is agreed that the
Section 4. A
list of employees incurring on-the-job injuries, prepared monthly by the
Civilian Personnel Office, will be mailed to the Union Office. The
Section 5. The
McChord AFB Alcohol and Drug Abuse Prevention (ADAPT) Program consists of services
(drug and alcohol related problems, smoking cessation classes) authorized for
civilian employees by Life Skills, Health and Wellness Center (HAWC), and
Section 6. Employees are encouraged to participate in
exercise and physical fitness programs offered on Base. Supervisors should
permit flexible schedules to the extent possible to permit such participation
in accordance with the Wing Civilian Physical Fitness policy.
Article 11. UNION
AFFAIRS AND MEETINGS
The Employer agrees that the
Article 12. UNION
REPRESENTATION (UNION STEWARDS)
Section 1. The Employer agrees to recognize a
reasonable number of Union representatives duly appointed by the
Section 2. A duly appointed union steward, will be
granted reasonable time off without charge to leave to perform the following
duties:
a. To represent
the
b. To
discuss complaints with employees and/or supervisors in an effort to prevent
formal grievances from developing.
c. To
prepare and present a grievance on behalf of the
d. To
represent an employee in presenting an appeal if properly designated by the
employee to do so.
e. To appear as an observer during a grievance proceeding when employees present a grievance on their own behalf.
f. Present grievances at any step of the Negotiated Grievance Procedure.
g.
Represent an employee or the
h. Appear as a witness at any step of a grievance.
i. Appear as a witness at an arbitration hearing.
j. Attend meetings scheduled by management.
k. Meet and confer or consult with management.
l. Represent an employee in appeal proceedings covered by statutory procedures.
m.
Represent the
n.
Represent the
o. Be
present as an observer in an adverse action proceeding or grievance adjustment
where the
p.
Represent the
q. Participate in informal Unfair Labor Practice resolution proceedings with management officials.
r. Prepare for meetings scheduled with management.
s. When designated as their representative, assist an employee in preparing a response to a proposed disciplinary action.
t. Prepare response to management-initiated correspondence.
u. Assist an employee in preparing a response to any personnel action resulting from a directed fitness for duty examination.
v. Prepare for arbitration or appeal hearing.
Section 3. Union stewards will request permission from their immediate supervisors when required to leave their official duties to perform any of their Union steward responsibilities and will report to their supervisors when they return.
a. The steward or employee will obtain permission from the employee's supervisor for release of the employee to confer. When permission is denied, the reasons for denial will be given to the steward along with the time such release will be granted.
b. Absence from the work site will
be kept to a minimum. Supervisors will
be kept informed.
Section 4. The steward and the supervisor of the work
center will meet as necessary for the purpose of consulting on matters of
mutual benefit to the employees and Management.
Section 5. Employees may contact any Steward on the
Stewards List, who is otherwise in a duty status.
Section 6. The Chief Steward may act in lieu of any
assigned steward. The Chief Steward will inform the Labor Relations Officer
prior to the change. The Chief Steward will then be the representative in the
employee's grievance.
Section 7. The parties recognize the importance of
good Labor-Management relations. The Union President will be granted a
reasonable amount of official time to carry out their duties to foster such
good relations. When a need arises that requires the release of the Union
President from their duties, such request will be made known to their immediate
supervisor. Unless the absence of the Union President would adversely affect
the mission of the agency, organization, or work center, the President will be
released. Should the supervisor deny such release based on an adverse affect on
the mission, the reasons for denial will be given at the time of denial. Such
denial will not occur solely on the fact that the President's assigned duties
would be affected. The President and Chief Steward will be assigned a normal tour
of duty when there is no adverse effect on the mission. Should the President be
absent, for any reason, their designee will act as president.
Section 8. The Employer agrees that duly designated
representatives of the
Section 9. When a non-employee Union official meets
with the Commander, or their representative, the Union President, or their
representative, will be granted official time to attend such meetings.
Section 10. When a Union steward and an employee are
released from duty to prepare for an appeal or grievance hearing, the Union
office may be utilized for such preparation.
Section 11. The Union President's use of Official Time may include a reasonable amount of time for meeting with Congressional representatives on matters other than pending legislation and with community leaders within the commuting area of McChord AFB.
Section 12. Employee lockers are subject to search on
a random basis at the discretion of the Employer. A Union representative will
be invited to be present prior to the search except in situations deemed to be
an emergency.
Section 13. Designated Union representatives may use
the Base FAX and E-mail system to transmit information for representational
purposes only. These systems may not be used to conduct any form of internal
Union business.
Article 13. DUTY
ASSIGNMENT
Section 1. Employees will not be assigned to any work
outside their own primary skill, which would endanger their own health, safety,
or that of others as determined by the Employer.
Section 2. If employees are temporarily assigned
outside their job classification to a like or lower grade, proper use of details
will be utilized to accomplish such assignments.
Section 3. Pay for firefighter personnel on extended
work shifts will be as prescribed by Public Law or appropriate regulation.
Section 4. Normally, the Employer will not require employees to use their "Privately Owned Vehicles" (POV's) to accomplish job requirements. However, if an employee is directed to use their POV by an appropriate supervisor in the employee's chain of command, the employee will be paid mileage in accordance with applicable laws, rules and regulations. Reimbursement will not be authorized for voluntary POV usage not specifically directed.
Article 14. DETAILS
Section 1. A detail exists when employees continue in
their current status and pay and is temporarily assigned to:
a. An
established position, or an identical one with a higher or lower basic pay
rate, or one requiring different qualifications from those now required in
their official position assignment.
b. An
unestablished position, one whose duties and responsibilities have not been
rated under a classification system and the necessary approvals for its
establishment have not been obtained. This type would be in a different
occupational line of work, or one that requires different qualifications from
those now required in their official position assignment. All details will be
in accordance with applicable regulations, law, instructions, pamphlets and
manuals.
Section 2. A detail does not exist when an employee
is loaned to another installation, activity, organization or office to meet
temporary or limited work situations where the work has the same grade, series
code and basic duties as their regularly assigned duties.
Section 3. Verbal details will not exceed thirty (30)
days unless specifically allowed by the AFI 36-203. All verbal details will be
noted in the employee's AF 971 file.
a. An
employee may submit an OF 612 anytime to reflect any detail of any duration to
a higher graded or higher paying position. The employee will be informed of
whether or not the information is coded.
b. Details
will not be used to fill a higher graded or higher paid unit position with a
lower graded or lower paid employee when the need to fill this position exceeds
two pay periods. When this occurs, a temporary promotion will be processed in
lieu of a detail.
c. When an
employee has been detailed under the above provisions and no temporary
promotion was involved, any assignment of the same employee to the same higher
graded or higher paid unit position within a twelve (12) month period will
result in a temporary promotion at the time of the re-entry into the position.
Section 4. The
Article 15. DISCIPLINARY
AND ADVERSE ACTIONS
Section 1. The Agency and the
Section 2. A disciplinary action is defined as an oral
admonishment, reprimand, suspension, removal, or certain kinds of reductions in
pay or grade. Some disciplinary actions are also adverse actions. Adverse
actions are removals, suspensions of more than fourteen (14) calendar days,
reductions in pay or grade, or furloughs of thirty (30) days or less.
Section 3. Progressive discipline does not apply to
probationary/trial or temporary employees.
a. The
parties agree to the concept of discipline, designed primarily to correct and
improve employee behavior, rather than to punish.
b. The
parties agree to the principle of like penalties for like offenses.
Section 4. Investigation and disciplinary/adverse
actions shall be initiated promptly following the time management becomes aware
of the incident giving rise to the action.
Section 5. All materials relied upon to support the
reason for disciplinary or adverse action shall be made available to the
employee for review. All material used against the employee will be disclosed
to the employee.
Section 6. The
Section 7. The employee will be informed of the
circumstances requiring the investigative interview prior to any questioning.
a. While
being questioned or being requested to provide a written or sworn statement,
the employee will have the right to be represented by the
b. The
employee will be given a copy of any written or sworn statement made by the
employee.
c. The supervisor, the employee,
and the Union representative will not, except as specifically authorized by law
or regulation, disclose any information about the investigation.
Section 8. An employee against whom an adverse action
is proposed is entitled to a thirty (30) day advance written notice, except
where the thirty (30) day advance written notice is not required under
circumstances described in Air Force and Office of Personnel Management regulations.
The notice will state specific reasons for the proposed action with applicable citings.
Management agrees that the employee and their representative shall be given the
opportunity to review the material on which the notice of adverse action is based
or that is being relied on to support the reason(s) for the proposed action.
Extension for replying to proposed disciplinary actions may be granted when good cause is shown. The Employer will issue a written decision on the extension before the end of the employee’s allotted time. If no written response is received within the time frame, the request for extension will be granted.
Article 16. TOUR
OF DUTY
Section 1. Tour of duty, as used in this agreement,
is defined to mean an employee's scheduled days of work within the two (2) week
pay period.
Section 2. A standard work schedule is a five (5)
day, eight (8) hours per day work week, (Monday-Friday) for a total of
Section 3. Management will communicate changes in
shift starting and ending times to the
Section 4. Where seven (7) day, twenty-four (24) hour
coverage is required, the two (2) days off during an employee's forty (40) hour
established tour of duty will be consecutive with equal opportunity for weekend
days off. Exception to the two (2) consecutive days off at the time an employee
has a change in tour of duty will be permitted. Exception will also be allowed
where required administrative requirements are outside the control of the
Installation Commander.
Section 5. Changes in an employee's tour of duty or
hours of work will be posted two (2) weeks in advance of the change, except
where management would be unduly impeded or costs would be increased
significantly. Any unusual changes will be explained to the Union steward
working in the area, otherwise explanations will be made to the Chief Steward
or Union President. Such changes will not be used to circumvent overtime except
when the Wing Commander or designee determines that the Base will be seriously
handicapped in carrying out its function or costs would be substantially
increased.
Section 6. Rosters will be maintained by individual
work center of the shifts worked by employees. These rosters will be retained
for six (6) months and will be available for Union review.
Section 7. Fifteen-minute rest periods during each
four (4) hours of duty will be granted employees. Employees working at least
five (5) hours but less than eight (8) will be given
Section 8. Incidental duties which are directly
connected with the performance of a job, such as obtaining and replacing
working tools or material, undergoing inspection and similar tasks, will be
considered part of the job requirements to be accomplished within the
established tour of duty.
Section 9. The parties agree to negotiate on Alternative
Work Schedules (AWS). They recognize that certain considerations must be met.
Schedules must provide sufficient interaction among organizations, sufficient
personnel coverage to accomplish the mission and must not negatively impact on
mission accomplishment or safety of operations. It is agreed that the union
negotiating team will consist of one (1) member from the current contract
negotiating team and one (1) additional member, both of whom will be allowed a
maximum of one (1) work day to prepare proposals. Negotiations will begin no
later than three (3) weeks after the
Currently established AWS
agreements will remain until a request to re-negotiate is received by the
Section 10. The availability of hot food for swing
and mid shift workers is a matter not easily resolved. Therefore, employees who
feel this is a matter of concern may request to have their lunch hour
permanently changed to one (1) hour. Any disapproval of a request for a one (1)
hour lunch must be mission related. A one (1) hour lunch will permit those
employees to exit the base and procure food from commercial sources.
Article 17. OVERTIME
Section 1. Supervisors will solicit qualified
volunteers prior to requiring an employee to perform overtime work. Overtime
will be assigned without partiality, favoritism, or discrimination to employees
within the affected work center. The union steward may consult with the
supervisor, concerning the assignments of overtime, in an effort to keep the
overtime work distributed fairly among all employees insofar as possible.
Supervisors shall not assign overtime work to employees as a reward or penalty.
Any complaint on the distribution of overtime shall be processed in accordance
with the grievance procedures.
Section 2. Except in cases of emergency, any employee
designated to work overtime on days outside their normal tour of duty or to
work on a holiday will be given two (2) work days advance notice.
Section 3. Records of overtime worked or declined
will be maintained within the organization and such records will be open for
review by the steward. When overtime work is to be performed in an
organizational unit, the Employer agrees to assign the work to the employees of
that unit whose job description most closely fits the type of work that must be
performed, provided such employees are available.
Section 4. An employee is not
required to work overtime if the additional work would impair health or
efficiency or cause an extreme hardship on the employee as determined by an
appropriate agency official or medical authority. Overtime should not be
compulsory unless failure to perform overtime would prevent accomplishment of
the mission and other options are not feasible.
Section 5. Nonexempt employees permitted to perform
duties outside their regular scheduled tour will be paid overtime under the
provisions of the Fair Labor Standards Act when overtime has not been
authorized under Title 5.
Section 6. When employees have
agreed to work overtime and have requested compensatory time in lieu of
overtime pay, the compensatory time will be recorded and the employee will be
scheduled to use the compensatory time within twenty-six (26) pay periods. If
not used within the twenty-six (26) pay periods, overtime will be paid at the
rate of pay at the time the overtime was worked. This includes GS employees and
FWS employees (wage grade employees, who are on one of the Alternative Work
Schedules).
Section 7. Employees who receive official calls during off-duty time (including days off and holidays) that require them to perform necessary work from home will be compensated. Hours worked will be reported to, and approved by, their supervisor.
Article 18. LEAVES
Section 1. Supervisors will solicit leave requests
from employees and establish tentative leave schedules for the leave year
during January. The
tentative leave schedule shall be made available for employee review upon
request. When conflict arises between
employees desiring the same time off, and voluntary agreement cannot be
reached between the employees, preference will be given the employee with the
most seniority in the absence of a determinable personal hardship or emergency
as provided in Section 3 of this Article. Changes to scheduled leave will not
be made by management unless the granting of such scheduled leave will
adversely affect the mission of the work center. Should it be necessary to
cancel an employee's leave, written justification will be given for the
cancellation if requested by the affected employee.
Section 2. Seniority, for the purpose of this Article, will be based upon total creditable service time. Total creditable time is all time, military and civilian, which is creditable towards annual leave accrual under the provisions of AFI 36-815.
Section 3. An employee with the most seniority may
exercise seniority rights only for one (1) period of leave during the calendar
year, which cannot exceed three (3) consecutive weeks, provided;
a. The
request is submitted in writing to the leave approving official during January
of the calendar year and,
b. It does
not cover any days which fall during the Christmas and New Year holidays.
Section 4. Any employee reassigned, promoted or
demoted into another work center will not be allowed to exercise any seniority
rights in rescheduling leave in the new work center for the current year.
Section 5. Leaves during the Christmas and New Year
holidays will be on a rotating basis without seniority rights.
Section 6. Every reasonable attempt, consistent with
workload, will be made to satisfy the desires of the employees with respect to
the approving of extended annual leave up to thirty (30) calendar days. The
supervisor will use a liberal policy of granting short-term leave requests
provided such requests will not adversely affect the mission of the work
center.
Section 7. Elected or appointed representatives of
the
Section 8. Unless an employee has a record of misuse
of sick leave, absences for more than three (3) days but less than six (6) days
will not require a medical certificate to document the absence. A statement
from the employee as to the nature of the illness and that they were
incapacitated for duty will suffice.
Employees who have been warned in writing about an excessive use or abuse of sick leave may be required to provide a medical certificate or other administratively acceptable evidence to substantiate absences of less than three (3) days. An employee may be issued a written warning about an excessive use or abuse of sick leave after receiving at least one (1) verbal warning from his/her supervisor. When a medical certificate is required to be submitted for all periods of absences reported as sick, the requirements will be reviewed every three (3) months by the supervisor, the employee concerned, and the Union representative to determine if a continuation is necessary.
Section 9. Advance sick leave up to thirty (30) days
may be granted by the Employer subject to the following conditions:
a. Total
employment record and past record of sick leave usage justify such action;
b. The
absence from duty because of illness is for a period of five (5) or more
consecutive workdays;
c. The
application for leave (Standard Form 71) is supported by a medical certificate
from a duly certified physician;
d. The
circumstances are such that repayment to the Employer of the advanced sick
leave can reasonably be expected;
e. The
employee is serving under a career or career-conditional appointment, and has
been under one of the Federal retirement systems for one (1) year or more.
These conditions will not preclude management from granting such advance leave
to an employee that does not meet these requirements.
Section 10. The Employer shall not display individual
sick leave records.
Section 11. The
Section 12. To preclude personal hardship, a
supervisor or other official will be available during each established tour of
duty with full authority to act on behalf of Management on requests for
unscheduled absences. Unscheduled absences shall be defined as absence made
necessary due to illness or injury in the family, or other unforeseen
circumstances arising which could not be anticipated. Dental and medical
appointments made in advance will not be considered as unscheduled absence.
Accordingly, employees will be responsible for requesting, in advance, leave as
soon as an appointment has been made with the physician or dentist. Failure to
give advance notification could result in denial of leave.
Section 13. Annual leave, sick leave, compensatory
time or leave without pay (LWOP) are available to employees as follows:
a. Leave
for maternity reasons will be granted upon presentation of proper medical
documentation of incapacitation due to pregnancy. The employee may use sick
leave, annual leave, LWOP or request an advance of sick leave to cover periods
of incapacitation due to pregnancy. Nursing mothers' work hours may be adjusted
if the work center mission is not impacted, and if the adjustment does not
result in additional costs to the government;
b. Leave
may be authorized for employees to exercise parental responsibilities in
accordance with AFI 36-815;
c.
Supervisors should authorize annual leave, LWOP, or use of compensatory time
when unexpected personal problems arise;
d.
Bereavement leave will be allowed as annual leave, LWOP, or compensatory time
or sick leave;
e. Sick
leave will be granted when an employee;
(1) Takes
leave for illness, or medical or dental appointments.
(2)
Makes arrangements necessitated by the death of a family member or attends the
funeral of a family member.
(3)
Takes leave to serve as a bone marrow or organ donor.
(4) Is making arrangements for adoption.
f. Most employees may use a total of up to 104 hours (13
workdays) of sick leave to:
(1) Provides care for a family member who is incapacitated
as a result of physical or mental illness; injury; pregnancy; or childbirth;
(2) Provides care for a family member as a result of
medical, dental, or optical examination or treatment;
(3) Makes arrangements necessitated by the death of a
family member or attend the funeral of a family member
A covered full-time employee may use 40 hours (5 workdays)
of sick leave each year for these purposes.
An additional 64 hours (8 workdays) of sick leave may be used if the
employee maintains a balance of at least 80 hours of sick leave in his or her
account. Part-time employees are limited
to the number of hours of sick leave normally accrued during a leave year. Documentation requirements are specified in
Section 8 of this Article.
g. Family Medical Leave Act (FMLA). Under the FMLA, most employees may use up to
12 weeks of unpaid leave during any 12-month period for certain family and
medical needs. An employee may elect to
substitute accrued sick leave and/or annual leave consistent with current laws
and OPM’s guidance to care for a family member with a serious health condition. If sick leave is utilized, a balance of 80
hours is to be maintained. The
regulations are 5 CFR 630.401(a)(3)(ii) and 5 CFR 630.401(c). The definition of “serious health condition”
in accordance with 5 CFR 630.1202 applies.
An employee may not use more than a total of 480 hours of sick leave for
all family care purposes in accordance with 5 CFR 630.401(c)(3). An employee must provide notice of his or her
intent to take family and medical leave not less than 30 days before leave is
to begin, or in emergencies, as soon as is practicable. Proper documentation is to be provided.
h. When voting polls are not open at least three (3) hours either before or after employees' regular hours of work, employees will be granted time to vote in accordance with applicable regulations;
i. Annual leave may
be donated for medical or family emergencies, in accordance with the Voluntary Leave Transfer Program
procedures described in 5 CFR 630.
Section 14. Employees who live in areas exempt from emissions testing, will be allowed one half hour duty time to obtain the emissions test necessary to drive on McChord AFB.
Section 15. Bargaining unit employees selected for Wing Civilian Employee of the Quarter will receive, as part of the recognition, a one-day time-off award to be taken on a date determined to be acceptable to the employee and their supervisor. Bargaining unit employees selected as Employee of the Year for McChord AFB will receive a three-day time-off award to be used on a date convenient to the employee and their supervisor.
Section 16. Military leave is absence from the employee's civilian position without loss of pay to perform military duty.
a. To be
eligible a person must be a member of the Reserve or National Guard. Employees
on temporary appointments of one year or less, or intermittent work schedules
are not entitled to military leave.
b. Fifteen (15) days of military leave are credited to the employee's account on 1 October of each fiscal year, or upon appointment. Unused military leave remaining from the prior fiscal year, not to exceed fifteen (15) days, is also credited. Military leave available will not exceed thirty (30) days in a fiscal year.
Section 17. Excused absence may be given when the
Commander, or designee, deems it appropriate.
Section 18. Unavoidable absences, brief periods of early
dismissal, and brief periods of tardiness of less than 1 hour may be excused by
the supervisor or he/she may provide the employee the opportunity to request
approved leave, earned credit hours, or previously-earned compensatory time off.
Article 19. EQUAL
EMPLOYMENT
Section 1. The Employer and the
Section 2. The employer will continue to ensure the
elimination of any neutral employment policies or practices which result in
disproportionate impact on any minority group. Should adverse impact be
discovered and evidenced in the Affirmative Employment Plan, specific and
measurable objectives shall be set to correct any under-representation. To the
extent possible, all work-related activities, facilities, and services
operated, sponsored, or participated in by the Employer will not be segregated
and their use will not be determined by race, color, sex, age, religion, disability,
to include mental or physical, or national origin.
Section 3. The Employer will be responsible for
appointing an EEO Manager and will ensure enforcement of EEO decisions. The
Employer will have an adequate number of trained staff for the EEO Program to
process cases without undue delays. The names, telephone numbers, e-mail
addresses, and locations of the EEO Manager will be posted and made available
to all the work force through reasonable means. A statement will be issued and
made public to all employees reflecting management's commitments to attain EEO
goals.
a. Managers
and supervisors on all levels will fully support and abide by all policies and
programs, and will be responsible for pursuing a policy designed to meet all
goals and objectives established for full equal employment within their areas
of responsibility. Failure of any manager or supervisor to support EEO
objectives will result in appropriate action being taken.
b. Training
shall be provided for representatives of special emphasis employment programs
and EEO counselors as soon as possible after their terms begin, and shall be
updated whenever procedural changes require retraining.
c.
Management will assure that EEO counselors are available and accessible to
employees who may have a discrimination complaint.
Section 4. In order to assure that the
a. The
b. The
Union will nominate at least three (3) individuals for membership on the base
committee dedicated to the improvement of opportunities for the disabled and
the removal of architectural barriers for those with disabilities, from which
the Support Group Commander or designee will select one (1) person for membership.
c. The
d. Every
three (3) months the Employer will provide to the union the following
information: a list that provides a breakdown of the numbers of employees by
race, age, gender, and handicap status, along with a breakdown of all
promotions by race, age, gender and handicap.
Section 5. Persons who allege discrimination or who
participate in the presentation of such complaints will be free from restraint,
interference, coercion, discrimination or reprisal. A complainant has the right
to be accompanied, represented and advised by a representative of their choice
during counseling or at any stage of the complaint procedure. A Union
representative, designated in writing by the EEO complainant, shall have the same access to information as the
complainant. A reasonable amount of official time will be authorized to
employees and/or representatives, who otherwise would be in duty status, to
participate in functions authorized under this article.
Section 6. The employer shall make appropriate arrangements for disabled employees to assure that promotional opportunities are not denied based solely on their disability.
Article 20. SUPERVISOR'S
RECORD OF EMPLOYEE
Entries to the Supervisor's Record of Employee may be favorable or unfavorable. Supervisors will hold a private discussion with employees and advise the employee before making any unfavorable entry in the Supervisor's Record of Employee. Unfavorable comments will be made as separate attachments. The employee will be given the opportunity to initial any entry. The employee's initial indicates that the employee is aware of the entry. Should the employee disagree with an unfavorable entry, a grievance may be filed. Unfavorable entries will be reevaluated at least once every three (3) months. If the circumstances or conditions, which led to an original unfavorable entry, are corrected, the supervisor may elect to remove the entry or make an entry indicating that the condition has been corrected. Except for entries pertaining to reprimands and oral admonishments, all unfavorable entries will be removed no later than the fourth review. The Supervisor's Record of Employee (AF Form 97l) will be the only record used by the supervisor other than officially recognized records.
These records require procedures that
ensure safekeeping and storage in a manner that will protect against casual
access to them and will not violate personal privacy. All supervisors maintaining these records
must be cautioned that they are to use discretion and good judgment when asked
to furnish the records. Records normally
maintained by the supervisor in the Employee Work Folder will be kept in
accordance with AFP 36-106, Supervisor’s Records.
Article 21. OCCUPATIONAL
HEALTH AND SAFETY
Section 1. The Employer agrees to:
a. Furnish
and maintain a safe and healthful workplace for its employees consistent with
applicable safety and health standards.
b. Provide
clean, sanitary, and an adequate number of restroom facilities.
c. Conduct
continual safety inspections of work sites to ensure the safety and health of
employees.
d. Protect
employees in imminent danger situations (situations which could reasonably be
expected to cause death or serious physical injury.)
e. Post
notices at the work site of unsafe or unhealthful working conditions discovered
during inspections and surveys until the hazard is abated.
f.
Establish information systems to keep records of all occupational accidents,
injuries, illnesses and their causes.
g. An
annual safety summary of occupational injuries will be posted in the Safety
Office within forty-five (45) calendar days following the close of the fiscal
year. Copies of the annual safety summaries from the 446th and 62nd Airlift
Wings will be provided to the
h. Take
appropriate and timely action to abate unsafe or unhealthful working
conditions.
i. Conduct
training programs for employees in job safety and health matters.
j.
Establish a safety and health committee of which a Union representative will be
a member. Minutes of such committee meetings will be furnished the Union
representatives.
k. Afford
the right of access to employees or their Union representative to applicable
Air Force, Federal, State and local safety and health standards.
l. Afford
the right of access to the Union representative to local occupational injury
and illness data in accordance with AFI 91-301 and the Privacy Act.
m. A union
representative should accompany safety and health inspectors. The Safety Office
will provide a current safety inspection schedule to the Labor Relations
Officer, who will forward it to the
n. Insure
the rights of the individual under the Air Force Occupational Safety and Health
Program are protected from any discrimination, restraint, interference,
coercion or reprisal. Accident reports upon which disciplinary action has been
taken will be made available upon request by the employee involved or their
designated representative.
o. The
right to report and request inspections for unsafe or unhealthful working
conditions by submitting a written, signed notice of conditions, using AF Form
457, USAF Hazard Report. Employee's name will be omitted if requested by employee
representative.
p. The
right to grieve decisions involving unsafe or unhealthy working conditions
using the negotiated grievance procedure.
q. Provide
the employee the appropriate and properly fitted safety equipment or protective
clothing at no cost when prescribed by applicable directives. When job
requirements or applicable directives specify the wearing of protective apparel
and devices, this requirement becomes both a part of safety regulations and a
condition of employment. Hard to fit or special need items will be met through
supply channels.
r. Provide
periodic occupational physical examinations and hearing tests to those
employees designated by the 62nd Medical Group Force when potential toxic
effects are identified under one or more of the following circumstances:
(1)
Personnel are being protected from exposure, exceeding the Permissible Exposure
Levels (PELS) by the use of respirators.
(2)
Personnel are being exposed to 8-hour time-weighted average concentrations
exceeding one half the PEL, or significant concern exists because of potential
skin absorption.
(3)
Personnel exhibit signs or symptoms, which may be reasonably attributed to the
type exposure involved.
(4)
Personnel known to be exposed to levels above PELS or who had skin contact with
substances in the "Threshold Limit Values and Biological Exposure
Indices" having a "skin" notation during emergencies, accidents,
etc.
(5)
All information and results gained by the agency from any medical exams will be
furnished to the employee in a timely manner.
s. Afford
the Union Safety Steward or Assistant Safety Steward the opportunity to attend
the Mount Rainier Federal Safety and Health Council Meetings.
t. Both the
u. In cases
of extreme temperatures, management will attempt to regulate the work site
temperatures in accordance with Air Force regulations. If regulating the work
site temperature fails, alternate work sites will be used if available or
management will grant liberal use of annual leave.
Section 2. The Employer agrees to adequately inform
and instruct each newly assigned employee on the following safety practices and
procedures:
a. The
Safety organizational structure.
b. The Air
Force Occupational Safety and Health Program.
c. The
hazards connected with the job and work environment (including seasonal and
weather factors).
d. The
location and use of emergency equipment.
e. First
aid and rescue procedures.
f.
Reporting of mishaps, injuries and illnesses.
g. Safety
and health standards for the job performed.
h. Local
and seasonal hazards.
i.
Submission of safety suggestions.
j. Unit
Commanders' Safety Policy for the center.
k.
Requirements for operating Air Force vehicles if required.
l. Employee
rights under AFI 91-301.
Section 3. The
a. Comply
with and exercise those applicable safety standards prescribed by Air Force,
Federal, State or local laws.
b. Promptly
report occupational injuries or illnesses to their supervisor.
c. Use
established Air Force procedures to report and seek resolution of suspected
safety or health hazards using the USAF Hazard Report (AF Form 457).
d. Use or
wear safety protective equipment or clothing in the performance of work when
furnished and required.
e. Comply
with agency instructions in case of imminent danger situations.
f. Observe
all safety rules and regulations.
Section 4. Applicable safety and health standards
will be followed when assigning employees to work in a hazardous area.
Section 5. The Employer, within five (5) workdays,
will counsel each available employee who reports an on-the-job injury of the
option in benefits under the Federal Employee's Compensation Act.
Section 6. The Union Safety Representative shall not
be charged leave when participating in the officially sanctioned functions
noted in this Article.
Section 7. Employees are encouraged to report
on-the-job injuries to their supervisor, or appropriate management official,
within two (2) hours of the injury or as soon as their medical condition
allows. The supervisor, or other appropriate individual, will assure all claim
forms needed by the employee are provided in a timely manner. The supervisor
will also assure that all claim forms requiring supervisory documentation will
be submitted in a timely manner. Employees are encouraged to use the base
clinic for on-the-job injuries.
Section 8. When an on-the-job injury for a particular
work center indicates above average number of injuries, the Union President may
request, in writing, that the Safety Office investigate in an effort to
determine the cause. Should the request be denied, written reasons will be
furnished to the
Article 22. PARKING
FACILITIES
Section 1. The Employer will provide an adequate
number of free parking spaces for employees of the unit to the extent possible.
The Employer agrees to provide transportation at scheduled times from remote
parking areas that are not within reasonable walking distance from the working
areas.
Section 2. The Employer will provide free permanent
reserved parking spaces for individuals who are physically handicapped with
respect to their walking capacity. The spaces will be assigned as nearly as
practicable in close proximity to the employee's working area.
Section 3. The
Article 23. ENVIRONMENTAL
AND HAZARDOUS DUTY PAY
When it is
proposed by the Environmental Pay Committee to terminate the authorization for
Environmental Differential Pay (EDP) in a given situation, the
Article 24. TRAINING
Section 1. The Employer and the
Section 2. Selection of employees for trainee-type
positions, which could lead to future promotional opportunities, will be in
accordance with the Merit Promotion Program.
Section 3. When advance knowledge of the impact of
pending changes in function, organization and mission is available, it shall be
the responsibility of the Employer to plan for maximum retraining of employees
involved. To the extent possible, maximum use will be made of the authority to
waive qualification requirements in order to place employees in lines of work
where their services can be utilized.
Section 4. In the event of a reduction-in-force, the
Employer will determine from the appropriate State Employment Service whether
any of the affected employees may be eligible for training at Government
expense, and if so, will inform employees how to apply for training.
Section 5. Supervisors will identify those situations
in the specific work environment that training can aid in achieving defined
objectives and goals of the Employer. Available training programs will be
discussed with the employee who would normally be eligible for such training.
Section 6. Whenever emergency does not preclude, the
Employer agrees to give at least thirty (30) days advance notice to the Union
in regard to the installation of any new equipment, machinery, or process which
would result in changes of work assignments or require additional training if
ten (10) or more people are to be affected.
Section 7. Supervisors will inform employees of
available quota controlled applicable training opportunities when the quotas
are received. Employees should advise their supervisors if they desire to be
considered. Management will determine course applicability and select employees
for training. No employee will be denied training solely because of his or her
tour of duty.
Section 8. Any employees who wish to expand their
knowledge and expertise by completing Career Development Courses (CDC's), may
be provided the requested CDC at no cost.
Article 25. IMPACT
OF REALIGNMENT OF WORK FORCE
Section 1. The parties recognize that the Employer
has the responsibility to determine the methods, means, and personnel necessary
to carry out the mission of the agency. However, if employees in the unit are
to be adversely affected, the Employer agrees to promptly notify the
Section 2. The Employer agrees that Management actions will be carried out in accordance with applicable laws and regulations.
Article 26. REDUCTION-IN-FORCE
The
Employer will ensure the
Whenever
possible, the Employer agrees to request separation incentives for affected
employees. The employer may waive qualification requirements for employees who
have either an occupation skill related to the vacant position, or the basic
aptitudes necessary for successful completion of training required to perform
satisfactorily in the position. Employees selected under these criteria will be
provided on-the-job and/or other training where appropriate for the position.
Procedures
used will be in accordance with the Code of Federal Regulations (CFR.) In order
to retain employees, consideration may be given to down grading vacant
positions at a grade level for which the employee to be separated would meet
qualification standards.
The
Employer recognizes the
The
Employer is responsible for notifying employees of a
Article 27. CONTRACTING
OUT OF BARGAINING UNIT WORK
The
Representatives
of the
Article 28. RETIREMENT
The
Employer will conduct pre-retirement seminars for employees of the unit, and
their spouses. The purpose of the seminars will be to give employees who are
nearing retirement, and their spouses, information to help in the transition
from employment to retirement. The Employer will make every effort to have
experts in the various aspects of retirement available for consultation and
guidance. The
Article 29. REHABILITATION
Section 1. The People with Disabilities Program
Manager shall maintain a continuing program for placement of employees injured
or disabled by an illness who can perform needed work within their capability
but cannot be utilized in their present positions. Counseling and, if
appropriate, retraining will be provided for disabled employees. The
Section 2. The
Section 3. The ADAPT Program is described in Article
10, Section 6.
Article 30. EMPLOYER-UNION
COOPERATION
Section 1. Management will furnish the
Section 2. The
Section 3. Break areas are recognized as an important
Quality of Life issue to our employees. If there is a suitable space identified
by the
Section 4. The
Section 5. . The Partnership Agreement signed
on
Section 6. The
Section 7. Joint training by the
Section 8. The parties agree that whenever possible
issues should be resolved through the use of mediation prior to instituting the
grievance and arbitration process. With that in mind, the Employer agrees that
at the earliest date practicable arrangements will be made to provide certified
mediation training for a maximum of six (6) union and six (6)
management-designated personnel. Those employees who agree to accept the
training must commit themselves as follows:
a. Agree to
be available as a mediator to assist in conflict resolution situations whenever
their workload and personal commitment permit.
b. Agree to
serve as a mediator for a period of two (2) years as long as they remain
employed on McChord AFB and are otherwise physically able to perform the
function of mediator.
c. Agree to
set aside their personal biases and work to resolve disputes between parties in
conflict and understand that in the capacity of mediator they are obligated to
maintain full confidentiality.
d. Agree
that if issues for which they functioned as mediators are later pursued through
the grievance or arbitration process that any information gained in the
mediation process or attempts at settlement of the dispute cannot be used in
any hearing held after the mediation process is terminated.
Both
parties agree to attempt, in good faith, to resolve disputes at the lowest
level possible and in order to ensure a balance in the mediation process it
will be conducted in teams comprising one (1) union and one (1) management
person who have been trained in the mediation process. Mediators are to be
totally free from any pressure or influence by either party to this agreement
in relation to the manner by which they conduct their efforts to resolve the
disputes in which they have been asked to attempt resolution. Mediation can be
invoked by either an employee or a supervisor at the point they believe a
dispute exists that can be resolved through this process. At the completion of
mediation a statement of resolution will be developed and signed by all parties
to the mediation.
Article 31. DUES
WITHHOLDING AGREEMENT
Section 1. McChord Air Force Base will withhold Union
membership dues and dental premium deductions from the employees' paychecks. An
employee in the bargaining unit, who is a member in good standing in the
a. The
employee has voluntarily completed a request for such an allotment of pay (SF
1187), and;
b. The
employee regularly receives a normal amount of pay on the regularly scheduled
pay days and such pay is sufficient to cover the full amount of the allotment
after other legal deductions have been made.
Section 2. The
a. When the
employee leaves the unit as a result of any type of separation, transfer, or
other personnel action (except detail);
b. Upon
loss of exclusive recognition by the
c. Upon
receipt of notice from the
d. When
this agreement is suspended or terminated by appropriate authority outside the
Department of Defense.
Section 3. The effective date of termination of dues
withholding allotment, which is not at the request of the employee, shall be
the beginning of the first pay period following the date of the action which
requires the termination of the allotment. The
Section 4. The Employer agrees to maintain, in the
Civilian Personnel Office, a supply of forms used in revoking an allotment and
such forms shall be made available to employees upon request.
Section 5. Employees may revoke their membership dues
withholding allotment by submitting an SF 1188 within the first full pay period
prior to their anniversary date. Any SF 1188 received prior to or after the above
time period will be returned to the employee as untimely. Following a timely
receipt of the SF 1188, dues shall be terminated the first full pay period
after the employee's anniversary date of becoming a Union member.
Section 6. DFAS will issue one (1) payment biweekly
for the total amount of dues withheld. The payment will be made payable to the
fiduciary account designated by the
Section 7. When the
Article 32. CORE
PERSONNEL DOCUMENT
Section 1. The Employer will maintain an accurate
core personnel document for each position, reflecting the significant duties of
the position. All employees in the unit will be furnished a copy of their core
personnel document at the time the employee starts a new job. The supervisor
and employee will review and discuss the duties and responsibilities at the
first appropriate opportunity.
Section 2. The Employer shall furnish the
Section 3. The employee should bring to the attention
of their supervisor discrepancies in major duties within the core personnel
document compared to the major functions the employee is currently performing.
Standardized Air Force Core Personnel documents will be used unless a waiver
has been granted by the installation commander.
Section 4. Any proposed changes in the core personnel document will be discussed with the employee so that the employee is aware of the changes. A copy of the new core personnel document will be furnished the employee.
Article 33. DEMONSTRATION/RESEARCH
PROJECTS
Prior to establishing any demonstration or research projects, negotiations will occur before implementation.
Article 34. BLOOD
DONATIONS
Employees
who wish to donate blood to authorized donation centers will be allowed up to four
(4) hours of official time plus a reasonable amount of travel time to and from
the blood bank to donate the blood. If the blood bank is located outside the
Tacoma-McChord commuting area, an amount not to exceed the constructive amount
of time that would be required to travel to and from
Article 35. GRIEVANCE
PROCEDURE
Section 1. The purpose of this article is to provide a single, acceptable method for the prompt and equitable settlement of all grievances. Most grievances arise from misunderstandings or disputes, which can be settled promptly and satisfactorily on an informal basis. The parties agree that every effort will be made to settle grievances at the lowest possible level. Inasmuch as dissatisfactions and disagreements arise occasionally among people in any work situation, the filing of a grievance shall not be construed as reflecting unfavorably on an employee's good standing, performance, loyalty or desirability to the Employer, but will be construed as a positive effort to correct a perceived problem. This is the exclusive procedure for resolving grievances except as provided for in Sections 2 and 3 below.
Section 2. A grievance is defined as any complaint:
a. By any
bargaining unit member concerning any matter relating to the employment of the
employee;
b. By any
bargaining unit member, the
(1)
A claimed breach of this Memorandum of Agreement; or
(2)
Any claimed violation, misinterpretation of any law, rule or regulation
affecting condition of employment.
Section 3. The sole exclusions to the negotiated
grievance procedure are:
a. Those
excluded by Title 5, USC, Section 7121 of P.L. 95-454, which are summarized as
disputes over Hatch Act violations; retirement, life, and health insurance;
suitability suspension or removal on national security grounds; examination,
certification or appointment; a classification of a position not resulting in
reduced pay or grade; and
b. The
content of published agency policy;
c.
Non-selection for promotion from a group of properly ranked and certified
candidates;
d. An
action terminating a temporary promotion within a maximum period of four (4)
years and returning the employee to the position from which temporarily
promoted or to an equivalent position;
e.
Non-adoption of a suggestion or disapproval of a quality salary increase,
performance award, or other kind of honorary or discretionary award;
f. A
proposed notice of disciplinary action;
g.
Termination of probationary/trial or temporary employees;
h. Matters
subject to statutory appeals procedures excluding Reduction in Force, when the
employee elects to pursue the appeals procedure in lieu of this grievance
procedure. Nothing in this agreement shall constitute a waiver of any further
appeal of review rights permissible under Statute. When an employee or the
Section 4. Appeal and Grievance Options.
As provided
for under Title 5, USC, Section 7121 matters covered under Section 4303, 7512
and 2302(b)(1) of Title 5 may, at the discretion of the aggrieved employee, be
raised under the appellate procedures of Section 7701 of Title 5 (Merit Systems
Protection Board (MSPB), EEO complaints procedures or under the negotiated
grievance procedure, but not both. An employee shall be deemed to have
exercised an option under this section at such time as the employee files a
notice of appeal under the applicable appellate procedures or timely files a
grievance, in writing, in accordance with the provisions of this negotiated
grievance procedure, whichever occurs first. A decision notice causing an
employee to be adversely affected, for which they can exercise the option
provided for in this section, shall provide appropriate information on the
timely filing and appropriate options available. If the employee elects to use
this negotiated grievance procedure, the written grievance may be introduced at
Step 3 or arbitration except for complaints of discrimination, which must be
introduced at Step 1. Discussions between an employee and an EEO counselor will
not preclude an employee from opting to select this grievance procedure if the
grievance is otherwise timely.
Section 5. Statutory Appeals Covered.
a. Section
7512 - Adverse actions:
(1)
A removal;
(2)
A suspension for more than fourteen (14) days;
(3)
A reduction in grade;
(4)
A reduction in pay;
(5)
A furlough of thirty (30) days or less.
b. Section
4303. Adverse Actions Based on Unacceptable Performance:
(1)
A reduction in grade;
(2)
A removal.
c. Section
2302(b)(1) - Complaints of Discrimination.
Section 6. Grievability/Arbitrability.
If either
party considers a grievance non-grievable or non-arbitrable, the original
grievance may be amended to include the issue of grievability/arbitrability.
The issue will be decided by an arbitrator in accordance with the arbitration
procedure contained in this agreement. Prior to the request for arbitration,
the Labor Relations Officer will be notified, in writing, by the Union at least
two (2) work days prior to the request being submitted. Should the Labor
Relations Officer decide the issue to be grievable/arbitrable, the grievance
will be reintroduced at the step where it was declared
non-grievable/non-arbitrable.
Section 7. General Provisions.
a. Only the
parties to this agreement and the employees within the unit, as defined in
Article 2, are entitled to use these procedures. Any employee of the unit may
utilize these procedures up to but not including arbitration without the
intervention of the
b. An
identical grievance by two (2) or more employees will be considered as a single
grievance. A decision of such grievance applies to all employees in the group.
An employee may withdraw from a group grievance, in writing, any time before a
decision is rendered; however, they may not later initiate the same or a
substantially similar grievance.
c. An
employee grievance over a written decision to discipline may be introduced
under Step 2 of the procedures.
d.
Grievances over promotion actions (except the exclusion noted in Section 2c
above) will be an exception to the procedural steps in Section 8, if the matter
at issue involves the application of the Merit Promotion Plan by the Civilian
Personnel Flight (CPF). Such grievances will initially be submitted in writing
to the CPF for possible resolution. If the grievance is not satisfactorily
resolved, the grievance may be submitted under Step 3 of Section 8, provided it
is received within seven (7) calendar days following the reply to the grievance
by the CPF.
e. At any
step of the negotiated grievance procedure when a management deciding official
designates someone to act on their behalf, the designee will have complete
authority to render a decision at that step and will be the one to render the
decision. The designee will not be the deciding official from the previous step.
Section 8. Other Provisions.
a. Use of
Official Time - A reasonable amount of time, without charge to leave, will be
allowed as follows:
(1)
To an employee to discuss informally, with their first-line supervisor, any
complaint they may have;
(2)
To the Union President to discuss and resolve any complaint the
(3)
To the employee and/or a Union representative, or representative approved by
the
(4)
To a Union observer where these procedures provide for such an observer;
(5)
A reasonable amount of official time for the employee and
b.
Representation Rights - When an employee decides to file a grievance under the
grievance procedure, they must make a decision whether or not to be represented
by the
(1)
If the employee decides to have representation in the processing of the
grievance, they will contact a Union steward. The
(2)
If the employee chooses not to be represented by the
c. Time
Limits.
(1)
Failure on the part of a grievant to comply with the time limits specified in
this procedure may be cause to deny or terminate the grievance.
(2)
Failure to render a decision within prescribed time limits authorizes the
initiator to advance the grievance to the next step.
(3)
If an interpretation of a regulation or directive is required, the grievance
will be suspended until the appropriate authority gives a written
interpretation of the regulation.
(4)
When a grievance is initiated at a step higher than Step 1, the time limits of
Step 1 apply.
(5)
Time limits at any step of the procedure may be extended by mutual consent of
the parties.
d. Contents
of Grievance - All grievances must be in writing and contain, as a minimum, the
following:
(1)
Name of the grieving employee or statement that the grievance is filed on
behalf of the
(2)
The specific nature of the grievance, and if it involves interpretation of the
Memorandum of Agreement, the specific provision(s) in question. If involving a rule
or regulation, the specific portion of the rule or regulation violated;
(3)
If an employee grievance, a statement as to how the employee is personally
affected;
(4)
If a Union grievance, a statement as to how the
(5)
The specific corrective action or remedy requested or desired. Remedies may not
include any disciplinary action or other sanctions against a supervisor or
other management official;
(6)
If an employee grievance, a statement as to the employee's representation or
lack of representation;
(7)
If an employee grievance, a statement of the attempt to resolve it at Step 1
when it is presented at Step 2;
(8)
Copies of any documents that may be relevant to the grievance. A grievance that
does not conform with the above requirements may be rejected. Resubmission will
be allowed, provided it is received by the appropriate official within seven
(7) calendar days following rejection and provided it conforms with the
requirements of this subsection.
Section 9. Employee Grievance.
The
following are the procedural steps that must be taken by an employee when
filing a grievance under this procedure. Exceptions to these procedures are
outlined in Sections 3 and 7c and d. Except for grievance over appealable
matters where the employee can exercise the option contained in Section 3, no
grievance will be accepted unless it is presented in accordance with these
procedures within twenty (20) calendar days after the occurrence of the
incident or event, or twenty (20) calendar days after the date the grievant
becomes aware of the incident or event which caused the grievance. Grievance
options elected under Section 3, except discrimination complaints, must be
filed within twenty (20) calendar days from the effective date of the action.
Discrimination complaints must be filed within forty-five (45) calendar days.
a. Step 1.
The grievance will first be presented, in writing, to the lowest level
supervisor with the authority to resolve the grievance in the work center where
the incident occurred. The employee may be represented if so desired. The
supervisor will meet with the employee and the Union representative within
seven (7) calendar days in an attempt to settle the grievance. The supervisor
will provide a written response to the grievance within seven (7) calendar days
after the meeting.
b. Step 2.
If the matter is not satisfactorily resolved under Step 1, the employee, or
employee's representative, may submit the matter, in writing, to the Squadron
Commander (or other organizational counterpart) within seven (7) calendar days
after receipt of the first step decision. The appropriate management official
will meet with the grievant and representative within seven (7) calendar days,
and assure a written response within seven (7) calendar days following the
meeting.
c. Step 3.
If the specific remedy requested is not granted under Step 2, the grievance may
be submitted to the Labor Relations Officer, within seven (7) calendar days
from the date the written response to Step 2 was received. The LRO will forward
to the appropriate 3rd step decision maker. The request for review must be in
writing. The Installation Commander or designated representative will arrange
to have a meeting within fourteen (14) calendar days. The Installation
Commander, or designee, will issue the final decision within fourteen (14)
calendar days after the meeting is conducted. If the specific remedy requested
is not granted or satisfactory settlement was not achieved, the
Section 10. Management-Union Grievances.
Grievances
by the Employer or the
a. Step 1.
The Union President or their designee and the Labor Relations Officer or their
designee will meet within seven (7) calendar days of receipt of the written
grievance by the respondent. The respondent will furnish a written reply within
fourteen (14) calendar days following the meeting unless the parties reach a
written agreement at the meeting, which resolves the grievance.
b. Step 2.
If the remedy sought by the complainant is not granted or satisfactory
settlement is not reached and the complainant wishes to pursue the matter, the
complainant will notify the other party, in writing, of the decision to invoke
arbitration. In order to invoke arbitration, the request for arbitration must
be received, in writing, by the other party within thirty (30) calendar days
after the conclusion of Step 1.
Section 11. Arbitration.
a.
Arbitration may be invoked by the
b. Within
fourteen (14) calendar days from the date of the written decision to invoke
arbitration, the moving party shall request a list of arbitrators from either
the Federal Mediation and Conciliation Service or such other organization as
may be mutually agreed upon. Upon receipt of the list, the parties shall meet
within fourteen (14) calendar days to select an arbitrator. If agreement cannot
be reached on a listed arbitrator, the parties shall each, in turn, strike a
listed arbitrator from the list until one remains who will be the duly selected
arbitrator.
c. All
costs of the arbitrator shall be borne equally by the parties. The arbitration
hearing will be held at McChord Air Force Base during day shift hours Monday
through Friday. All participants in the hearing will be in a duty status if
they would otherwise be in a duty status. The arbitrator will be requested to
render a decision within thirty (30) calendar days following the conclusion of
the hearing.
d. The
parties will meet for the purpose of jointly framing the issue(s) for the
arbitrator. Should the parties fail to jointly frame the issue, each party will
submit separate statements.
e. The arbitrator's award shall be binding upon the parties unless a timely exception is filed in accordance with the regulations of the Federal Labor Relations Authority.
Article 36. PERFORMANCE
APPRAISAL SYSTEM
Section 1. The performance appraisal system as applied to bargaining unit employees shall be fair, impartial and non-discriminatory in nature. Forced distribution of summary ratings is prohibited.
Section 2. The following definitions apply to the
performance appraisal system.
a.
"Performance" means an employee's accomplishment of work assignments
or responsibilities.
b. "Appraisal" means the process under which performance is reviewed and evaluated.
c. "Performance
Standards" means the management-approved expression of the performance
threshold(s), requirement(s), or expectation(s) that must be met to be
appraised at a particular level of performance.
A performance standard may include, but is not limited to, quality,
quantity, timeliness, and manner of performance.
d.
"Critical Element" means a work assignment or responsibility of such
importance that unacceptable performance on the element would result in a
determination that the employee’s overall performance is unacceptable. Such elements shall be used to measure
performance only at the individual level.
Section 3. Employees will be given a copy of their
performance plan upon entry into a new position or any time changes are made to
the performance elements and/or standards.
a. The performance
standards for each element must be defined in measurable terms, be job related,
and be applied in a fair and valid manner.
b. Supervisors
will verbally review performance plans, the elements and standards, with
employees at the beginning of each appraisal period, discussing performance
expectations, goals and objectives.
c.
Application of the standards and elements is grievable at the time of
application.
Section 4. Each core document will accurately
describe the primary duties assigned. Core documents will be revised to reflect
changes in primary duties. Job performance elements must reflect valid job
requirements if they are to be used for rating purposes. Performance standards
will be developed and maintained in the Supervisor’s Record of Employee.
a. Employees
are allowed and encouraged to provide ideas, comments, or recommendations
relating to performance elements and standards to supervisors for consideration
in the performance plan. Any employee
input, oral or in writing, will be retained in the Supervisor’s Record of
Employee for the life of the plan. At
the time a performance plan is issued, employees will be given the opportunity
to review and discuss the performance elements and standards with the
supervisor including the consideration which was given their input and
recommendations. It is recognized that
the final determination of performance elements and standards rests with
management.
b. Performance standards will be made as objective as possible so that the employee’s performance is observable and measurable. They must define acceptable performance and clarify requirements and expectations. The level of performance should be easily discernible to both the employee and supervisor. "Interact with skill," "utilizing basic skills of listening and relating with tact, interest and concern," "demonstrate" and "work effectively" are examples of standards which are overly broad and not reasonably attainable (37 MSPR 284).
c. The
Section 5. Appraisal Rating:
a. An
employee's performance rating will be a result of application of the standards of
performance to the employee's performance on critical elements of the
employee's work plan. The employee will be rated only on these elements. The annual rating will be recorded on an AF
Form 860A, Civilian Rating of Record, with a copy provided to the employee
immediately following the annual performance rating discussion.
b. In the
application of the overall performance plan, and in rating the appraisal
factors, the Supervisor should take into account mitigating factors such as
availability of resources, equipment, lack of training, or frequent authorized
interruptions of normal work duties. An
employee will not be rated on any standards or elements he has not had the
opportunity to perform.
c. The rating of elements will include designation of MET or DID NOT MEET for each element as designated on the appraisal form. Upon completion of the evaluation of each element, an overall performance rating will be assigned in accordance with current Office of Personnel Management (OPM) and Air Force directives.
d. When a
rating of record cannot be prepared at the end of the appraisal period because
the employee was not in the position for at least ninety (90) calendar days,
the appraisal period will be extended until they have been in the position for
ninety (90) calendar days. Thereafter, a rating of record will be prepared
within thirty (30) calendar days. Input from previous supervisors or
transferred ratings covering an employee's performance within the current
appraisal period will be taken into consideration when deriving the next rating
of record.
Section 6.
During the annual appraisal conference, the employee may request Union
representation. Employee and
Section 7. Upon assignment of the rating, the
employee will sign the form, which signifies receipt of the rating only. If the
employee declines to sign it, the supervisor will annotate the form
accordingly. A copy will be furnished to
the employee for personal retention.
Section 8. A
semi-annual discussion of an employee’s performance between employees and the
supervisors will be conducted during the appraisal period (1 April through 31
March). Quarterly discussions are highly
encouraged. A copy of the supervisor’s
mid-term evaluation and a copy of the employee’s self-evaluation will be
maintained in the Supervisor’s Record of Employee (AF 971) for the duration of
the current evaluation period. If the
employee’s performance is “Does Not Meet” or is substandard on any element, the
supervisor will advise the employee of the deficiencies. Supervisors will inform employees of their
tentative ratings and factors as of the date of discussion.
Section 9. An employee
receiving a “Does Not Meet” rating on any critical element will be placed on a
Performance Improvement Plan (PIP) to help the employee perform better on the
job. At this point, supervisors should
monitor performance to help identify remedial or developmental training necessary
for an employee to meet a specified performance standard. The employee must be informed of the
performance standards that must be attained in order to reach the “MET” rating
performance.
Section 10. Any disputes over formal appraisals rendered will be subject to the negotiated grievance procedure. Employees also have the right to grieve whether or not they were provided with feedback in conformance with this Article (the remedy for a grievance of this nature is to ensure the feedback is accomplished appropriately).
Section 11. Promotions/RIFs. Due weight will be given to performance appraisals consistent with the provisions of 5 CFR 351.
Section 12. Performance Awards. The appraisal system shall be the only factor in determining monetary awards. The primary intent of performance awards is to recognize high levels of employee performance and to provide incentive for such performance.
a. Employees may request and be granted specific reason(s) why he/she fails to meet established award criteria and/or what improvement, if any, in his/her performance is needed. Employees are encouraged to share their achievements with their supervisor(s) throughout the rating cycle. After the annual appraisal is rendered, the employee and the Union Representative may discuss those statements of contribution with the supervisor and/or reviewing official.
Article 37. TOBACCO
USAGE
Section 1. McChord AFB supports the recommendations
of the U.S. Surgeon General to ensure healthy working conditions with an
environment reasonably free from contaminants, but that the use of tobacco
products is legal and an employee's right.
Section 2. The employer agrees to provide, to the
extent possible, a smoke-free, healthful environment for non-smokers and
employees who choose not to utilize tobacco products.
a. The
parties agree that employees will only be authorized to smoke in areas
designated for smoking.
b.
Non-smoking is the McChord AFB norm.
c. Smoking
is specifically prohibited in auditoriums, elevators, conference rooms,
classrooms, indoor work areas including private offices, corridors, lobbies,
rest rooms, common break areas, medical treatment facilities and Air Force
vehicles. All areas are assumed to be "no smoking" areas unless a
"Designated Smoking Area" sign is posted.
d. Both
parties agree that other tobacco habits may offend co-workers and visitors.
Employees who use other tobacco products should refrain from their use in common
work areas.
Section 3. The employer will provide a tobacco cessation program. Employees who desire to participate shall be granted duty time. No employee will be coerced to enter such a program. Supervisors and employees will take into consideration the temporary stress and trauma involved when making an effort to quit smoking.
Section 4. Prior to designating smoking areas,
management will meet and confer with a Union steward over the new smoking areas
and other appropriate arrangements consistent with this agreement.
Section 5. The Employer and the
Article 38. PUBLICITY
Section 1. To the extent possible, the Employer will
furnish separate bulletin boards for exclusive Union use. If the Employer
cannot furnish separate bulletin boards, the
Section 2. Material posted on
Section 3. The
Section 4. It will be the responsibility of each
Union steward to keep the Union bulletin board, or the portion of the permanent
board assigned, current and neat.
Section 5. The base telephone directory will contain
the name and telephone number of the Union Office. The
Section 6. The Employer will
be responsible for printing, at its expense, 250 copies of the Agreement. The
Section 7 Management agrees to advise all new employees
during initial orientation of the availability of the AFGE Dental Plans and how
to obtain brochures for their review. The new employee orientation checklist
will include this item and new employees advised that;
a. they
must pay Union dues if they wish to be covered by either plan,
b. the
dental plans brochures and any information regarding them may be obtained by
calling the Union President, and
c. the Union President's name and telephone number.
Article 39. CHILD
CARE
Section 1. The Employer agrees to allow civilian
employees of McChord AFB use of the Child Development facilities at McChord
AFB.
Section 2. Civilian employees will be placed on waiting
lists on an alternating basis with military personnel.
Section 3. Alternating waiting lists will be
established for each age group.
Section 4. All rules will apply equally to military
and civilians.
Article 40. AIR
RESERVE TECHNICIANS
Section 1. The military grade of Air Reserve
Technicians (ART) employees in the unit will not be a factor in assigning
civilian duties outside their official civilian position description and shall
not be a factor in promotions. Assignment of ART personnel to higher graded
civilian duties will comply with the provisions of the McChord Merit Promotion
Plan.
Section 2. Air Reserve Technicians' (ARTs) work and
training schedules will comply with AMC/AFRC Instructions or other applicable
regulations. The employer will assure:
a. Each
ARTs productive time is distributed based on standards established by the
Employer. Art assignments will be consistent with AMCI 36-2602.
b. It is
mandatory that ARTs have sufficient time to prepare for Associate Training,
especially during the two (2) days immediately preceding the UTA. However, the
preparation time for training by ARTs should be arranged to minimize
interference with maintenance tasks. During the first week after the UTA, ARTs
are allowed time to summarize the UTA training.
Section 3.
a. The tour
of duty and daily hours of work for ART aircrew members engaged in long
distance flights is governed by the proposed take off time as stated in the
mission operations directive commonly referred to as FRAG. Duty time normally
begins at reporting time for pre-departure duties and ends at completion of
postflight duties. Duty hours on AFRES Form 4 will be logged in local time of
the first department location.
b.
ART aircrew members on off-station mission will be credited with a minimum of
eight (8) hours work for each day they are TDY during their basic scheduled
workweek. If circumstances beyond the control of the crew member preclude eight
(8) hours of actual work being performed, the number hours actually worked and
the number of hours excused from duty will be annotated on the AFRES Form 4.
c.
Memorandum from Brigadier General Keith T. Reiling dated
Article 41. FIREFIGHTERS
Section 1. Firefighters' basic pay is established
under the General Schedule pay system. Firefighters normally work
Section 2. The Employer recognizes and agrees the
living quarters in the Fire Station are very personal to firefighters.
a.
Designated smoking areas will be maintained by all personnel who use the area.
b. The
Employer will provide professional cleaning once annually to carpeted areas of
the station.
Section 3. Due to the dangerous and hazardous
conditions encountered by Firefighters, particular care will be given by the
Employer to follow established guidelines from the National Fire Protection
Association (NFPA) and the Occupational Safety and Health Administration
(OSHA).
Section 4. Self-help projects are encouraged.
Participation in self-help projects will be voluntary.
Section 5. Uniforms will be provided and maintained as
specified in the agreement signed
Article 42. DURATION OF AGREEMENT
Section 1. This agreement will remain in full force
and effect for four (4) years from the date of approval by the Department of
Defense Civilian Personnel Management Service. Renegotiations using Interest
Based Bargaining will commence within thirty (30) days of this termination. If
notice is given by either party, this agreement will remain in full force and
effect until a new agreement is negotiated.
Section 2. Either party may give written notice of its intent to re-open this agreement within thirty (30) days prior to the 24th month anniversary of the date this contract was signed locally. The parties will meet within fourteen (14) calendar days after the receipt of the request to re-open this agreement for the purpose of negotiation ground rules.
