This Agreement is executed between the Michigan Army National Guard (MIARNG), hereafter referred to as the ‘Agency’ or ‘Agency,’ by and through the Adjutant General (TAG) of Michigan, and the Laborers International Union of North America (LIUNA), hereafter referred to as the ‘Union,’ and collectively referred to as the ‘Parties.’ The agreement is made for all non-supervisory and non-managerial Army National Guard employees of the Michigan Army National Guard (MIARNG), hereafter referred to as ‘Technicians’ (Title 32) or ‘employees’ (Title 32 and Title 5).

Wherever language in this agreement refers to specific duties or responsibilities of specific employees or Agency officials, it is intended only to provide a guide as to how a situation may be handled.  It is agreed that the Agency retains the sole discretion to assign work and to determine who will perform the function discussed.  All other terms used within this Agreement shall have the meaning ascribed to them as per Decisions of Federal Courts of Jurisdiction, United States Code (USC), Federal Labor Relations Authority (FLRA) Decisions, Code of Federal Regulations (CFR’s), Office of Personnel Agency (OPM), National Guard Bureau (NGB) Technician Personnel Regulations (TPR) or their equivalent, or Blacks' Law Dictionary. Whenever a dispute arises as to the meaning of a particular term, the Parties will attempt to reach agreement by referencing the sources cited above, in that specific order. 

This Agreement identifies the mutual covenants of the Parties hereto, which are intended to: 

   a. Promote the efficient administration of the MI ARNG and the well-being of its employees.

   b. Provide for the highest degree of efficiency in the accomplishment of the mission of the MI ARNG.

   c. Establish a basic understanding of personnel policy, practice, procedure, and matters affectingconditions of employment within the  discretion of the Adjutant General.

   d. Provide a means for discussion and adjustment to matters of mutual interest.

   e. Promote employee communications and knowledge of personnel policy and procedure.

MISSION

The Mission of the Michigan Army National Guard and the full-time work force is to assure that our military units, individual members, and equipment are all ready for worldwide or state deployment.  An additional mission is to continuously improve our procedures, service to our customers, and our readiness, allowing us to maintain our position as a formidable and progressive organization.

Section 1.1 - Recognition

In accordance with the Federal Labor Relations Authority (FLRA) Certification of Representative Case Number CH-RP-18-0036 dated December 7, 2018, LIUNA is the exclusive representative for all non-professional employees assigned to the Michigan Army National Guard.

Section 1.2 - Excluded Positions

1. All professional employees, supervisors, management officials, and employees described in 5 U.S.C. 7112(b)(2), (3), (4), (5), (6), and (7).

2. The Parties agree that as a result of reductions, reorganizations, reclassifications, and changes to the Agency’s mission, it may become necessary to modify the bargaining unit status of a position that is not normally covered by one of the categories listed in Paragraph 1 (above). The Agency will notify the Union when it determines to change a given position’s bargaining unit status. The notice will be given prior to effecting that change.  If the Union disagrees with the Agency’s planned change, the Agency agrees to delay the change while the Parties work in good faith to resolve the dispute.  If the Parties are unable to resolve a dispute over whether a given position is included or excluded from the bargaining unit, the matter will be referred to the FLRA IAW law, regulation and this Agreement.

3. The parties understand that the movement of an individual employee from a position that is included in the bargaining unit to a position excluded from the bargaining unit is not subject to this provision.

Section 1.3 - Bargaining Unit Employees

1.  Upon request, but not more often than quarterly, the Agency shall provide to the Union, no later than thirty (30) days after the request is received, a list of bargaining unit employees showing last name, first name, official email address, position title, position description number, pay plan, occupational code, grade or level, step or rate, name and location of position’s organization, veterans preference, tenure, veterans preference for RIF, and duty station. Due to security and privacy concerns, the Union will not provide this list or any part of the list to anyone not a Union representative covered by this agreement. The Union will secure this information from unauthorized access.

2.  Upon request, but not more often than quarterly, the Agency shall provide to the Union, no later than thirty (30) days after the request is received, a list of non-bargaining unit employees showing position title, position description number, pay plan, occupational code, grade or level, and duty station. Due to security and privacy concerns, the Union will not provide this list or any part of the list to anyone not a Union representative covered by this agreement. The Union will secure this information from unauthorized access.

Section 2.1 – Laws, Rules, and Regulations

1. In the administration of all matters covered by this Agreement, the Agency, the Union, and employees are governed by (listed in order of precedence):

   a. Existing and future enacted laws;

   b. Executive Orders and government-wide regulations published by appropriate authorities; 

   c. This Agreement; and,

   d. Agency policies and regulations in existence at the time this Agreement is approved that are not in conflict with this Agreement and by subsequently published Agency policies and regulations required by law that are outside of the bargaining scope of the parties. 

2. No later than ninety (90) days after approval of this Agreement by DCPAS, the Agency shall provide the Union with an electronic copy of all state-level regulations (i.e., TPPs) as well as any state-wide or local-level policy letters or memorandums that were in effect at the time the Parties executed the agreement (i.e., the date indicated on the signature page) and that directly pertain to employee conditions of employment. A list of all regulations and policies affected by this paragraph shall be published in Appendix D. Provided however, the Agency shall have the opportunity to supplement Appendix D in the event it discovers state-level regulations (i.e., TPPs) as well as any state-wide or local-level policy letters or memorandums that were not reported originally. In the event any state-wide or local-level policy letters or memorandums that were in effect at the time the Parties executed the Agreement are inadvertently missed during the initial submission periods contained herein, the Agency will provide the Union with an electronic copy within thirty (30) days after discovery.

Section 2.2 – Distribution of Contract

1. The contract will be made available electronically on the MIARNG Intranet site and the LIUNA webpage.  Additionally, supervisors and Stewards will maintain a printed copy of the contract at each duty location.

Section 2.3 – Other Provisions

1. Unless otherwise stated, all timelines are calculated in calendar days, and may be adjusted by request and mutual agreement between the Parties. 

2. IAW5 USC § 7114(b)(4), to the extent the request is not partially or entirely prohibited by law, and to the extent that the release of data requested is not already covered by this Agreement:

   a. The Agency will provide the Union data that is:

      (1) Normally maintained by the Agency in the regular course of business;

      (2) Which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of matters that are negotiable or bargainable under the statute or the CBA; and,

      (3) Which does not constitute guidance, advice, counsel or training provided for management officials or supervisors relating to collective bargaining. 

   b. Such data will be furnished to the Union, without charge or delay, and upon a statement of particularized need, to include:

      (1) Why the Union seeks or needs the information;

      (2) How the Union will use the information; and,

      (3) How the information requested relates to the Union’s discharge of its representational duties under 5 USC Chapter 71. 

   c. Upon receiving a request under this section the Agency will have fifteen (15) days to notify the Union whether it will release all or some of the information requested, and shall provide justification for any denial, whether partial or whole. Information which the Agency agrees to release will be provided to the Union no later than thirty (30) days after the initial request was received. 

3. Unless otherwise specified, the Parties agree that communications will be conducted in a timely manner, and that replies will be furnished to the other within fifteen (15) days, or less, of receipt of any communication requiring a response. 

4. Failure of either Party at any time, or for a period of time, to enforce or observe any right afforded to it under law or any provision(s) of this Agreement shall not be deemed or construed as a waiver of such right or provision(s) or of the right of such Party thereafter to enforce or seek enforcement of each and every provision contained herein. 

Section 3.1 – Effective Date

Providing that the Defense Civilian Personnel Advisory Service (DCPAS) approves the body of this agreement, the effective date of the contract shall be thirty-one (31) days after execution by the parties hereto. Both dates (execution and approval) will be made a part of the agreement prior to distribution.

Section 3.2 – Agency Approval

This agreement shall not take effect until fully approved by DCPAS in accordance with 5 USC Section 7114. 

Section 3.3 – Agreement Duration

This agreement will remain in full force and be effective for three (3) years from the date of approval by DCPAS, or, under the provisions of 5 USC § 7114, (c) (3) whichever comes first.

Section 3.4 – Agreement Amendments/Supplements

1. This agreement may be subject to amendments or supplements during the agreement duration under one of the following procedures:

   a. Either party may initiate negotiations at the midpoint of this agreement, after service of notice, no later than sixty (60) days prior to the midpoint of this agreement.

   b. At any time, by mutual consent, for the purpose of amending or providing supplements to this agreement.

2. A request for an amendment or supplement to this agreement by one party shall be submitted in writing to the other party, setting forth the proposed change to the Labor/Agency Agreement.

3. Representatives of the Agency and the Union will meet within thirty (30) days of the written proposal, to commence negotiations on the proposal, unless a later date is mutually agreed upon.

4. Approval of an amendment or supplement to the agreement will be accomplished in the same manner provided for approval of the basic agreement as specified in Section 3.2 of this Article.

Section 3.5 – Renewal of Agreement

1. Barring any changes, proposed changes, or pending negotiations related to the provisions of Section 3.6 of this Article, the contract will be automatically renewed for a period of one (1) year to take effect immediately following the expiration of the current three (3) year period and will be again automatically renewed for one (1) year each year thereafter. 

Section 3.6 – Negotiating a New Agreement

1. Should either party wish to change the agreement prior to automatic renewal provisions in Section 3.5 of this Article, the following shall apply:

   a. Negotiations for a new agreement will commence no earlier than one calendar year (365 days) nor later than ninety (90) days prior to the termination of the current agreement.

   b. Sixty (60) days prior to the start of negotiations of a new agreement, representatives of the Agency and representatives of the Laborers’ International Union of North America will meet to initiate a memorandum of understanding (MOU) establishing the ground rules for conduct of negotiations.

Section 3.7 – Termination of Agreement

1. This Agreement may also be terminated by mutual consent of both parties, or at any time it is determined by the FLRA and established that the Union is no longer entitled to Exclusive Recognition.

Section 4.1 – Retained Rights

1. The Agency retains the right, IAW 5 USC, §7106(a) to determine the mission, budget, organization, number of employees, internal security practices of the Agency, and IAW applicable laws:

   a. To hire, assign, direct, layoff, and retain employees in the Agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

   b. To assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;

   c. With respect to filling positions, to make selections for appointments from:

      (1) Among properly ranked and certified candidates for promotion; or

      (2) Any other appropriate source; and

   d. To take whatever actions may be necessary to carry out the Agency mission during emergencies.

2. Nothing in this Section shall preclude the Parties from negotiating:

   a. At the election of the Agency, the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

   b. The procedures that Agency officials will observe when exercising any authority granted to the Agency under this Section; or

   c. The appropriate arrangements for employees adversely affected by the exercise of any authority granted to the Agency under this Section.

3.  The Union’s primary Agency point of contact will be the Human Resources Office (HRO) Labor Relations (LR) representative. 

Section 4.2 – Emergency Considerations

1. When an emergency requires changes to conditions of employment for a period of more than seventy-two (72) hours, the Agency shall provide the Union with the following information:

   a. An explanation as to the nature of the emergency requirement;

   b. A list of the conditions of employment that will be temporarily modified;

   c. A list of individual employees who will be affected; and, 

   d. An estimate of how long the changes are expected to remain in place before reverting to pre-emergency operations. Changes lasting more than thirty (30) calendar days will be considered a change to this Agreement IAW Section 3.4 and shall be subject to negotiation IAW Section 6.2. However, this does not preclude the Agency from implementing changes to conditions of employment during an emergency.

2. The information required in Paragraph 1 may initially be conveyed verbally and will be followed by a written (formal letter or electronic message) notice to the Union as the emergency situation permits, but not later than seventy-two (72) hours after changes have been implemented. 

Section 5.1 – Awareness

1.  The parties will ensure that:

   a. Employees are fully aware that the provisions of this contract prevail in the workplace;

   b. This contract receives the widest possible dissemination; and,

   c. Employees receive training regarding the contents and applicability of the contract.

Section 5.2 – Representation

1. Employees have a basic right to representation in matters regarding conditions of employment, working conditions, and matters that could have an adverse impact or effect on their employment, such as disciplinary actions. The Union is the sole exclusive representative of bargaining unit employees concerning workplace matters. 

2. The Parties agree to ensure employees are aware and understand their Weingarten Rights and their rights to have and retain representation. Further, the Parties agree to the following:

   a. The Agency will inform all employees of their right to Union representation (Weingarten Right) IAW 5 USC §7114(a)(2)(B):

      (1) At their respective new hire orientation;

      (2) On an annual basis IAW 5 USC 7114(a)(3) via Agency-mailed notice to the individual’s home of record; or, electronically to the employee’s official email address; and, 

      (3) Prior to any examination of an employee in the bargaining unit by a representative of the Agency in connection with an investigation. The employee will acknowledge having been informed of their right to representation, and indicate their desire whether or not to have a Union representative present, using Appendix A.  

   b. When an employee requests representation, further questioning of that employee shall be delayed for a reasonable period of time while the employee secures representation, however, that period may not delay the Agency’s investigation. The representative shall be appointed by the Union and may participate either in person or via teleconference.

3. When an employee requests Union representation concerning a workplace-related matter and the Union accepts their request for representation, all communication must be made with or furnished through their Union representative, especially in matters related to investigations and disciplinary actions. The Agency will not initiate communications directly with the employee about the specific matter or subject for which they requested representation under any circumstance. When this choice is made, the Agency proceeds under the premise that all communication with the representative reaches the employee. 

4. An initial request or designation of the Union as an employee’s representative may be conveyed verbally to the Agency; however, the Agency may require that such designation be formalized by the employee at a later date either in writing or via email. There is no specific format for conveying such a designation. 

5. When an employee requests a Union representative the Agency shall immediately notify the Union Steward responsible for the worksite where the employee is assigned.  If no Steward is currently assigned, the Agency will notify the State Representative, or the Local 1776 Business Manager if the State Representative cannot be reached. The Union will then notify the Agency who will be appointed as the employee’s representative. 

6. While it is preferred that a representative be physically present in the room with the employee, there are times when the representative may only be able to attend via telephone. Whenever a Union representative attends via teleconference, it is important that the representative be able to clearly hear what’s being discussed, and it is important for them to also be heard. Delaying a meeting for the purposes of securing appropriate teleconference capabilities under this paragraph will not be considered an undue delay for the purposes of Section 13.2(2).

Section 5.3 – Conduct and Right to Privacy

1. The Agency affirms the right of an employee to conduct his or her private life as they see fit, within the constraint of Federal law and Agency regulations. Employees have the right to engage in outside legal activities of their own choosing without any requirement to report said activity to the Agency, except as required by law or Agency regulations. However, employees shall not accept a fee, compensation, gift, payment or expense, or any other thing of monetary value in circumstances in which the acceptance may result in or create the appearance of conflicts of interest. Employees may not engage in outside employment that would interfere with the performance of their assigned duties, and they are also prohibited from receiving compensation or anything of monetary value from a private source in exchange for government services.

2. Neither the Agency nor the Union will coerce or in any manner require employees to invest their money, donate to charity, or participate in activities, meetings or undertakings not related to their performance of official duties.

Section 5.4 – Right to Organize and Discuss Matters of Concern

1. Each employee shall have the right to form, join or assist the officially recognized Union, or to refrain from any such Activity, freely and without fear of penalty or reprisal. Each employee shall be protected in the exercise of such right in accordance with 5 USC §7102.

2. Nothing in this agreement shall require an employee to become or remain a member of the Union, or to pay money to the Union except pursuant to a voluntary written authorization by a member for the payment of dues through payroll deductions in accordance with 5 USC §7115.

3. The employee shall not be disciplined nor otherwise discriminated against based on having filed a formal grievance, complaint, or for giving testimony under 5 USC Chapter 71.

4. No employee shall be precluded, regardless of whether or not he or she is a member of the Union, from bringing matters of personal concern to the attention of appropriate officials under applicable law, rule, regulation, or published policy; or from choosing his or her own representative for an appellate or grievance action based on law, regulation, or this agreement.

Section 5.5 – Employee Treatment

1. All MIARNG employees deserve to be treated with common courtesy and consideration.

2. Counseling sessions involving employees should be conducted privately in a manner that provides professional feedback to the employee. 

3. Unless required by law, rule, or regulation, no employee shall be asked or directed to make a public statement or disclosure regarding personal discipline. 

4. The Parties are governed by Michigan Compiled Law (MCL 750.539d) regarding the recording of audio and/or video while on Agency property. Upon written request, an employee shall have the right to review any video or audio recordings of themselves maintained by the Agency IAW Section 5.6(1).  The Agency will take action to preserve existing records upon receipt of an employee request.  The Agency will furnish the requested recordings within fourteen (14) days.

5. An employee who is on duty, and whose personal property is damaged, irretrievably lost, or destroyed may be entitled to reimbursement IAW 31 USC § 3721. 

6. IAW 5 USC 2302(b)(9)(D), an employee has the right to refuse orders that would require the employee to violate an applicable law, rule, or regulation. Refusal to obey such an order will not subject the employee to disciplinary or adverse action.

Section 5.6 – Access to Personnel Files

1. Employees normally have access to their personnel information and will be allowed a reasonable amount of time during their duty day to access their information as needed.  When an employee is unable to access their information at their normal work site, excused absence may be granted.

2. An employee’s Work Folder (or electronic equivalent) as maintained by their supervisor will be made available to them for review upon request.  A reasonable amount of time may be granted so that the employee may review the contents of their Work Folder, to include their Position Description and other documents present; however, an employee’s request to review their Work Folder cannot interfere with the accomplishment of assigned duties.

Section 5.7 – Administrative Searches by the Agency 

1. Any search and/or seizure of Agency-owned, private or personal property, issued, or controlled equipment and/or facilities that is used or occupied by bargaining unit employees during the course of their duties (i.e., personal lockers, tool boxes, desks, etc.), and which is done in conjunction with an investigation, will normally be conducted in the presence of the employee, and in accordance with applicable Federal, state, or local law and regulation, depending on which entity has jurisdictional control over the equipment or facility subject to the administrative searches and/or seizures, and keeping in mind that the employee is a Federal civil servant and has all the protection guaranteed to US citizens under the Constitution in regards to criminal matters.  If a search of said property or equipment is conducted outside of the presence of the affected employee, the Agency will, in writing, document the date, time, and reasons for said search and provide the employee with a copy of this documentation within 72-hours of conducting the search.

2. In the case that the employee is unable to be present, a Union representative will be requested to be present provided that the supplying of such representative by the Union shall not unduly delay the search or impede the purpose for which the search is conducted.

3. When a search of the work area is conducted as a result of surreptitious activity the Agency is not required to give the employees notification of an impending search.

Section 5.8 – Voluntary Actions

1. An employee may resign for any reason, at any time. 

2. Barring evidence of unusual or compelling circumstances, especially circumstances beyond the employee’s control, when an employee is absent from work for a period of ten (10) calendar days or more without approval from the Agency they will be considered to have abandoned their position and the Agency may process the employee for separation as a voluntary termination IAW Agency regulations. However, prior to termination, the Agency must make a deliberate attempt to contact the employee using current modes of accepted communication, for example: telephone, text message, social media messaging, mail, and email. The Agency should also attempt to reach the employee at their home of record (HOR) either in person, by enlisting the help of local law enforcement or other first responders (especially if there may be reason to believe the employee may be in need of medical help).

Section 5.9 – Driving Privileges On or Off Agency Property

1. The Agency may not arbitrarily suspend an employee’s driving privileges on Agency property.  When the Agency suspends an employee’s driving privileges, the employee will be provided with notice and an opportunity to appeal any such revocation, to include the opportunity to provide testimony or evidence in their defense. 

Section 5.10 – Requests for Hardship Reassignment (see language in Merit Placement Plan)

1. The Agency will provide a procedure for requesting hardship reassignment within the State Merit Placement Plan.

Section 5.11 – Dress Code and Appearance for Title 5 Employees

1. Dress code rules for Title 5 employees will be governed by Agency policy, currently “Michigan National Guard Dress and Grooming Policy,” dated 30 May 2018.

Section 6.1 – Recognition and Representation

1. The Agency will recognize the Union as the exclusive representative of all bargaining unit employees. This includes the Union's right to be represented in negotiations, formal discussions and meetings between employees and the Agency, with regard to matters affecting conditions of employment concerning grievances, personnel policies and practices or other matters affecting general working conditions.  

2. The right of the Union to be present does not extend to informal discussions between the Agency and an employee including, for example, an employee’s performance counseling.

3. The Agency shall recognize all Officers and Representatives designated by the Union, to include National Representatives. Upon request, the Union will provide the Agency, in writing, a list of all current Officers and Representatives, to include Stewards.

4. The Union, in consonance with its right to represent, may propose new policy, changes in policy, or resolutions to issues, involving local conditions of employment or working conditions. This right shall apply at all levels of management within the Agency and the Union, starting with the Steward and the first level supervisor. This paragraph does not create a separate duty to negotiate.

5. The Agency shall not interfere in internal Union business. Internal Union business shall be conducted during non-duty hours, or while an employee is in a non-duty status.

6. The Agency agrees that there will be no restraint, interference, coercion, or discrimination against Union representatives as a result of performing their authorized duties under the Statute, and that no employee will be reassigned as a result of participating in protected activity.

7. The Union’s primary point of contact for all matters is the designated State Representative, or any other representative appointed by the Union (e.g., Shop Stewards). The State Representative or appointee will be given reasonable notice of and will be provided reasonable time to be present at formal discussions concerning any grievance, personnel policy or practice, or other general condition of employment.  Unreasonable delays will not prevent either Party from proceeding with a formal discussion.

Section 6.2 – Matters Appropriate for Negotiations  

1. Except in emergency situations referenced in Section 4.2, the Agency agrees to notify the Union prior to implementing, modifying, or cancelling any personnel policy or procedure that affects conditions of employment or working conditions. This section applies to any change of conditions of employment or working conditions, and regardless of the number of employees affected. This section does not apply to changes of employee work schedules processed IAW Section 8.1.

2. The Union will be provided a written notice of proposed changes thirty (30) days prior to the desired date of implementation, except in cases where a change to conditions of employment is necessitated in order to ensure the safety and welfare of personnel or property, or when the Agency, in good faith, cannot provide timely notification under this Section. The notice shall include the following:

   a. Whether the proposal will be a new policy or practice, or if it is a change to an established policy or practice;

   b. Reason for the proposal (why is it necessary); and,

   c. Any known impact on employees and the Parties.

3. The Union will have fifteen (15) days from receipt of the Agency’s notice to submit a request to negotiate (if the subject is negotiable), or to bargaining on the impact and implementation thereof, and will submit a written counterproposal no later than thirty (30) days after notice was received IAW Paragraph 2. Once the Union submits a timely request under this Section and a timely counterproposal, the proposed change cannot be implemented until negotiations and/or bargaining have been completed IAW Section 6.3. The Union will be deemed to have consented to such initiative or change if it has failed to submit such a request within fifteen (15) days or to submit a counterproposal within thirty (30) days as required herein.

4. When the Agency is unable to provide timely notice IAW Paragraph 2 (above), the Parties will meet, prior to implementation of the changes, to determine how to modify the requirements of this Section, and to explore an alternate arrangement which will satisfy the Agency’s need to expedite implementation of their change while at the same time honoring the Union’s right to negotiate and/or bargain the proposed changes to conditions of employment or working conditions. 

5. Agency representatives may not have formal discussions with employees regarding a change to conditions of employment or working conditions covered by this section until the Agency and the Union have completed the requirements of this section. 

Section 6.3 – Negotiation/Bargaining Procedures

1. The following procedures shall serve as generic ground rules and shall be utilized when either Party requests to negotiate or bargain a matter affecting conditions of employment or working conditions, regardless of whether the subject is covered by this Agreement, or not. The parties can mutually agree to modify the procedures herein or may opt to utilize the Partnership process: 

   a. Each Party is responsible for determining the make-up of their negotiating team. The number of employees for whom official time is authorized shall be equal to the number of individuals designated as representing the Agency in any capacity during negotiations. This includes observers, runners, facilitators, and any other persons present in or during the negotiation sessions (in any capacity) on behalf of the Agency.

   b. During negotiations, the Parties will signify agreement on each section by initialing the agreed upon section. 

   c. The names of each team member will be exchanged by the Parties in writing no later than forty-eight (48) hours prior to the beginning of negotiations. Any changes regarding team membership will be submitted to the other Party prior to the next negotiation session.

   d. Union representatives will be on official time during all negotiations/bargaining sessions. 

   e. Once negotiation/bargaining sessions are completed, the Parties will sign and date the Agreement to indicate execution, and (if applicable) will submit the Agreement to DCPAS for Agency Head approval IAW Section 3.2. 

   f. Negotiations Impasse: When the Parties cannot agree on a negotiable matter and an impasse has been reached, the item shall be set aside. After all negotiable items on which agreement can be reached have been disposed of, the Parties will again attempt to resolve any impasse. Either or both Parties may seek the services of the Federal Mediation and Conciliation Service (FMCS). When the services of mediation do not resolve the impasse, either Party may seek the services of the Federal Service Impasses Panel (FSIP). Any proposals referred to the FSIP shall be deemed a provision of the executed Agreement upon receipt of an FSIP decision ordering adoption of the proposal.

   g. Negotiability Question: At the time an item is declared non-negotiable by the Agency, the Union may submit to the Agency a request for their position on the non-negotiable item along with the Agency’s rationale. The Union may then accept the Agency’s declaration of non-negotiability or file an appeal with the FLRA. The rules and regulations of the FLRA will govern procedures for the filing of the appeal.

Section 6.4 - Unfair Labor Practices (ULP)

1. The Parties agree that prior to either submitting an Unfair Labor Practice (ULP) charge to the Federal Labor Relations Authority (FLRA), the charging Party will notify the other and request a meeting in an informal attempt to resolve a suspected ULP. 

2. If after fifteen (15) days from the initial notice a solution agreeable to both parties has not been reached, the charging party will then be allowed to file a ULP charge IAW 5 USC 7116.

Section 6.5 – Steward Program

1. The appointment and management of Union Stewards is an internal Union matter. To the greatest extent possible, the Union will assign a qualified steward(s) to oversee each Agency facility where bargaining unit employees are present.

2. To the greatest extent possible, Union Stewards will be assigned representational duties at their duty location. When qualified stewards are not available at one location, the Union may designate a steward or representative from another location to oversee employment matters at the facility experiencing the steward vacancy.

3. It is agreed that Stewards will carry out their duties in a way that does not interfere with the Agency’s ability to accomplish the mission.

4. Stewards will be available for call back if needed and shall report to their supervisor immediately upon return.

Section 6.6 – Official Time and Travel of Union Representatives

1. Union Representatives shall be permitted a reasonable amount of Official Time, to include travel to/from the location where the representational activity is taking place (as needed), in order to effectively represent employees IAW this Agreement. Reasonable time for representational activities (e.g., discussions, meetings, investigations, negotiations, and bargaining sessions) shall be that amount of time determined by both Parties to effectively deal with workplace matters, such as: 

   a. Conditions of employment and/or employee working conditions; 

   b. An employee grievance or complaint; 

   c. Representation of employees during an investigation or during the course of an adverse action; 

   d. To review and/or evaluate a proposed policy change and formulate a recommendation; 

   e. To negotiate or bargain a new proposal or change; 

   f. To attend Agency and/or Union-sponsored training; 

   g. In regard to Union Representatives assigned responsibility over a specific area or geographical territory beyond their normal duty location, a reasonable amount of time to meet/confer with employees and/or Agency representatives at other locations within their area of responsibility. 

2. This list above is not all-inclusive, and Official Time may be requested and granted for other situations not listed in paragraph 1 (above) as long as the purpose and/or justification falls within the parameters of 5 USC §7131. Official Time may not be granted for internal Union business.  

3. Request for brief absences (less than 24 hours) shall be submitted by the employee directly to their immediate supervisor. Use of the form in Appendix B is recommended, but not required. The requester should state their destination, estimated time of return, and the nature of Union business. If the request cannot be accommodated due to mission requirements, the representative will be informed of the earliest possible time when they will be able to leave his/her work site. Union Representatives will be available for call back due to mission requirements. Use of email is acceptable.

4. Requests for prolonged absences (longer than 24 hours) will be coordinated by the Union through the Agency’s labor relations office (LRO) via official memorandum. The LRO will then validate whether the request complies with this Agreement. If the request is not validated, the Agency will notify the Union as to why its request was not validated. If the request is validated, then the LRO will notify the employee.  The employee will notify their respective supervisor(s) that a valid request for Official Time has been submitted. The validated request will serve as the employee’s request for absence. Once a supervisor receives a validated request on behalf of an employee, they will notify the employee whether they their absence request is approved, or not, based on mission requirements. If disapproved due to mission requirements, the representative will be informed of the earliest possible time when they will be able to leave the work site. Use of email is acceptable.

5. Travel costs for Union Representatives will be the responsibility of the Union; however, if travel is pursuant to an Agency request, and the meeting location is outside of the employee’s commuting area, the Agency shall be responsible for travel costs IAW Department of Defense (DoD) Joint Travel Regulations (JTR).

6. Whenever an employee meets with the Union concerning a representational matter, and that meeting takes place during duty hours, reasonable notification shall first be provided to the employee’s immediate supervisor prior to the employee ceasing performance of assigned duties. If the employee cannot be released at that time due to mission requirements, the Union will be informed of the earliest possible time when the employee will be available. Supervisor may inquire as to the nature of the meeting but cannot deem the employee’s release contingent on subject-matter knowledge. No notice is required when representational activities take place during non-work periods (i.e., before and after regular duty hours, during breaks, or during the lunch period).

7. Paragraphs 1 – 5 notwithstanding, the Union’s designated State Representative may be granted additional Official Time for the purposes of discharging representational duties IAW 5 USC Chapter 71 and this Agreement.  

8. The following conditions apply when a Union representative will be delayed in returning to their assigned work site after a period of approved Official Time IAW Section 6.7(1):

   a. The employee is required to immediately notify the Agency of the circumstances surrounding the delay and the expected time/date that they will be available to return to work. The Union may provide initial notice to the Agency of a potential delay if, due to injury or other unforeseen circumstance, the employee is personally unable to provide the required notice. 

   b. If the delay is due to circumstances beyond the employee’s control (e.g., commercial travel delays, extreme weather, or other unforeseen events), the employee shall secure supporting documentation for the delay from an appropriate authority (e.g., airline, car rental company, law enforcement, etc.) and, upon return, shall submit an adjusted Official Time request to their supervisor so that their time card may be adjusted to reflect any additional time needed to cover their approved period of absence. There is no limit on the amount of Official Time may be approved to cover a delay or period of absence resulting from events beyond the employee’s control. 

   c. When an employee’s delay is caused by a commercial travel provider (i.e., airline, rail, bus line), and the delay exceeds twelve (12) hours beyond the originally-scheduled return date and time, the employee may be eligible, upon request, for an additional four (4) hours of rest, charged to personal leave, prior to returning to their assigned work site. 

   d. Delays and or absences from the worksite caused by the employee’s neglect, negligence, or failure to observe regulations may be charged to leave or coded AWOL and may become the basis for disciplinary action.

Section 6.7 - Internal Union Business and Limitation of Activities

1. It is agreed that internal Union business such as, soliciting membership, collecting dues, campaigning for office, electing officers, attending Union meetings, and posting or distributing Union literature, will be conducted during the non-duty hours of the employee involved.

2. There will be no restraint, coercion, or discrimination against any Union official because of the performance of duties in consonance with this agreement, Title VII, Civil Service Reform Act of 1978, directives, etc., pertaining to employees’ rights and labor management relations; or against any employee for filing a complaint or acting as a witness under this agreement or applicable regulations.

3. Subject to normal security limitations, Union Representatives will be granted access to Agency facilities. The Union’s request to access Agency facilities shall not be unreasonably delayed or denied. Requests for non-employee Union Representatives to access Agency facilities shall be coordinated through the Agency’s LRO. Once approved, the LRO shall notify the affected facility of the Union’s pending visit date and time. 

4. The Union shall be allowed to conduct membership drives before and after duty hours, and during break and lunch periods. Access in conjunction with a membership drive shall be coordinated with the Labor Relations office and shall be limited to non-work areas such as a lunch/break room or other non-work areas where employees usually gather during periods of rest. In facilities that do not have a lunch/break room the Union will be allowed temporary use of a conference room or other work area in order to support an authorized membership drive. 

Section 6.8 – Past Practice (Established Practice)

1. A Past Practice is a longstanding frequent practice that is accepted and known by the Parties, that is not specifically included in this Agreement, and that does not contradict Federal law. This Agreement, Agency regulations, and Federal law take precedence over Past Practice and tradition when there is a contradiction. 

2. Neither Party may unilaterally terminate an established Past Practice without providing notice and an opportunity to bargain IAW Section 6.2. except that if a Past Practice exists that is shown to be illegal or contrary to regulations, the Agency may terminate the practice without agreement from the Union on the substance of that decision; however, the termination may give rise to a duty to bargain over the impact subsequent to implementation.

Section 7.1 - Arrangements for Dues Deductions

1. Dues deduction will be accomplished IAW 5 USC §7115.

2. Employees eligible for bargaining unit membership may elect to pay Union dues by having the Agency deduct a pre-specified amount of monies from the employee’s regular paycheck. This will be accomplished by filling-out form SF 1187 Request for Payroll Deduction for Labor Organization Dues form and forwarding the completed form to the Union. The Union will certify the amount of dues while completing the appropriate portions of the form and then forward the form to the Agency.

3. Allotments will become effective on the first full pay period commencing after receipt of the applicable form by the employee Payroll Office. 

4. An allotment shall terminate when the employee leaves the unit as a result of any type of separation, transfer, reassignment, promotion or other action which would exclude the employee from the bargaining unit; upon loss of exclusive recognition by the Union; when the Agreement providing for dues withholding is suspended or terminated by an appropriate authority outside DoD, or when the employee has been suspended or expelled from the Union. Employees can make arrangements with the Union for other methods of payment (i.e., personal check, debit, or allotment through MyPay).

5. An employee may voluntarily revoke his/her allotment for the payment of dues by submitting an SF-1188 Cancellation of Payroll Deduction for Labor Organization Dues form directly to the Union. 

6. Upon receipt of a properly completed SF-1188 and following one calendar year after the employee’s dues have been withheld, revocation will be processed as soon as administratively feasible once received in the Payroll Office.

7. Dues withholding arrangements as set forth in this Article will continue if this Agreement is not renegotiated by its termination date because of impasse, third party proceedings involving a negotiability dispute, or unit representation.

Section 8.1 – Basic Workweek and Workday

1. The Agency will establish specific work schedules at each MIARNG Activity necessary to accomplish the Agency's mission IAW 5 CFR § 550.103, 5 CFR Part 610, and 32 USC § 709.

2. Except when the Head of the Agency determines that it would be seriously handicapped in carrying out its mission or costs would be substantially increased, the Agency in establishing an employee’s work schedule shall take into consideration any personal hardship made known to the Agency by an employee and shall make every reasonable effort to provide each employee a work schedule fourteen (14) calendar days in advance of its effective date. Unless the mission requires otherwise, it is agreed that work schedules shall remain in effect for at least two (2) pay periods.

3. Subject to mission requirements, Agency approval, and based on input from the Partnership Council (where applicable), employees may request one of the following work schedule options:

   a. Regular Work Schedule (5/8’s: Five (5) consecutive eight (8) hour days within a seven (7) day workweek. Work is normally scheduled Monday through Friday, with Saturday and Sunday being non-duty days.)

   b. Compressed Work Schedule 1 (4/10’s: Normally four (4) consecutive ten (10) hour days within a seven (7) day workweek. To ensure five (5) day coverage, either: Monday through Thursday, with Friday, Saturday, and Sunday being non-duty days; or, Tuesday through Friday, with Saturday, Sunday, and Monday being non-duty days.)

   c. Compressed Work Schedule 2 (5/4/9: Eight (8) nine (9) hour days and one (1) eight (8) hour day during a bi-weekly fourteen (14) day pay period, which yields an additional non-duty day (three-day weekend) every other week. Work is normally scheduled either: Pay Period Week 1: Sunday is a non-duty day. Monday through Friday are nine (9) hour days. Saturday is a non-duty day. Pay Period Week 2: Sunday is a non-duty day. Monday through Wednesday are nine (9) hour days, Thursday is an eight (8) hour day, with Friday and Saturday being non-duty days, or Pay Period Week 1: Sunday and Monday are non-duty days. Tuesday is an eight (8) hour day. Wednesday through Friday are nine (9) hour days. Saturday is a non-duty day. Pay Period Week 2: Sunday is a non-duty day. Monday through Friday are nine (9) hour days. Saturday is a non-duty day.)

4. Temporary Changes. When an employee’s administrative workweek will differ from their current approved schedule as a result of their attending a training course or due to TDY, their schedule shall be modified to correspond with the work schedule being observed at the training and/or TDY location. 

5. If it is determined that the Agency should have scheduled a period of work as part of the employee’s regularly scheduled administrative workweek and failed to do so in accordance with paragraph four (4), the employee shall be entitled to the payment of premium pay for that period of work as regularly scheduled work. In this regard, it must be determined that the Agency: 

   a. Had knowledge of the specific days and hours of the work requirement in advance of the administrative workweek; and, 

   b. Had the opportunity to determine which employee had to be scheduled, or rescheduled, to meet the specific days and hours of that work requirement.

6. An employee’s request to change their assigned work schedule will be submitted to the Agency through their immediate supervisor at least two (2) pay periods in advance and shall not be unreasonably denied. Approval will be primarily based on mission and core hour requirements, although the Agency may take into consideration other factors (e.g., personal hardships, education, commuting, etc.).

Section 8.2 – Reporting for Duty

1. Employees have a responsibility to report to their workplace ready, willing, able, and in proper attire, promptly at the beginning of their scheduled work period.  Workplace is defined as the specific area within the facility where employees perform their primary duties. Notwithstanding Sections 10.1(2) and 11.3(5), employees must be in their assigned duty uniform at all times during their work shift. Clean-up time authorized IAW Section 11.10 may not be used to change into or out of civilian clothes.

2. Except in the case of an emergency, employees will notify their immediate supervisor as soon as possible, but not later than two hours after beginning of the work shift, of the reason that prevented them, or will prevent them, from reporting to work on time. If the reason provided is illness of the employee or qualified family member, supervisors cannot request that an employee elaborate on the specifics of the medical condition. If the employee is incapacitated and/or physically unable to initiate contact him/herself, then Agency may accept tardiness or absence notice from an employee's next of kin.

3. When an employee cannot establish positive contact with their first level supervisor, then employees should attempt to make contact with their next level of Supervision, and continue to do so, until an Agency representative is reached, in order to provide notice. Co-workers cannot be used to relay information concerning tardiness or absence.  Positive contact requires a response from the supervisor or Agency representative.

4. Tardiness and absence notices, regardless of the circumstances, should be provided verbally by the employee him/herself directly to a Agency official. However, employees may use other modes of acceptable modern communication, such as voice mail, email, and/or text, as a secondary method of attempting to provide notice, or when all efforts to verbally contact a Agency representative have been reasonably exhausted by the employee.

5. Tardiness and absences from duty of less than an hour may be excused when the reasons are justified to the supervisor. Justifiable reasons are events which are beyond the employee's control such as abnormal traffic congestion, severe weather, or any other type of event that cannot be predicted. 

6. The employee will not be permitted or be required to work during any period for which leave is charged or unpaid breaks.

Section 8.3 – Lunch Periods and Breaks

1. The Parties agree to establish lunch periods at each facility based on local mission requirements. The Agency may also consider and approve individual employee’s requests for a specific lunch period if such a request will not have an adverse impact on the Agency’s ability to perform their mission.  An unpaid lunch period may not exceed forty-five (45) minutes.  A lunch period is a time during which an employee is entirely free from their work responsibilities. During this time the employee is considered to be off duty.  An employee cannot choose to forgo their lunch period as a way to shorten their scheduled workday without approval. 

2. When Agency mission requirements do not allow an employee time off for lunch, the employee will be compensated for his/her missed lunch period with an alternate lunch period equal to the time missed.

3. As an exception to the normally scheduled lunch period, and pursuant to the supervisor’s right to assign work, if a supervisor assigns an employee work during the normally scheduled lunch period, and it is not possible for the lunch period to be rescheduled during that duty day, the employee shall be entitled to compensation for the missed period of lunch IAW applicable law or regulation.

4. Fifteen (15) minute paid rest periods or breaks, during the first half and the second half of an employee's shift, may be granted. Rest breaks will not be taken in conjunction with the lunch period,

or at the beginning or end of the workday. The fifteen (15) minute rest period is considered off-duty for purposes of internal Union business.

Section 8.4 – Overtime Work

1. The Parties, in accordance with applicable laws and regulations, agree that occasionally the Agency will need employees to work in excess of their regular work hours (overtime) in order to meet mission requirements. Employees will be compensated, with compensatory time or overtime pay as allowed by law, for overtime work done on a voluntary basis, or as directed (involuntary) by Agency in order to support the Agency's mission.

2. Overtime work is any activity that an employee is required to accomplish or participate in, including mandatory meetings or events scheduled and/or hosted by the Agency or its representatives, which require an employee to be present at the worksite prior to their regular duty day begins, or require an employee to remain at the worksite after their regularly duty day ends. 

3. Overtime requirements will be announced as far in advanced as possible to allow employees the opportunity to make suitable arrangements in order to perform the overtime work. Under normal circumstances, the Agency will provide a minimum of seventy-two (72) hours’ notice of required overtime.

4. The Agency will make every effort to direct or assign employees overtime on an equal basis, and to accomplish overtime mission requirements with the least amount of qualified personnel necessary to safely and successfully perform the mission. In no case will overtime work be directed or assigned to any employee as a reward or punishment.

5. The Agency should make every effort to seek volunteers prior to mandating that an employee performs overtime work. In the event there are insufficient employee volunteers willing to perform overtime work, the Agency has the authority to direct an employee to work involuntary overtime to meet mission requirements.

6. Supervisors will also take into consideration any personal hardships that overtime work may cause the affected employee.  These include issues such as childcare, school, transportation to and from the workplace (especially if an employee participates in car-pooling), and distance from the employee's home of record to the worksite.

7. Employees scheduled to work overtime will be notified of any cancellation of the overtime requirement as soon as possible.

8. It is agreed that when overtime follows a regular work shift, the employee may be given an optional fifteen (15) minute paid break at the beginning of the overtime period and, at the employees request, a thirty (30) minute non-paid meal break to begin no later than two (2) hours after the overtime period begins if the overtime period is expected to last greater than four (4) hours.

Section 8.5 – Call Back

1. Call Back is the act or an instance of requesting that an off-duty employee report to work and perform duties on a day when work was not scheduled, or after their regular work day is over.

2. Unscheduled call back work entitles an employee to at least two (2) hours of compensatory time.

3. If an employee is on scheduled leave and called back to work, a corrected OPM 71 Leave Request Form will be submitted to the Timekeeper upon the employee reporting to work.

Section 8.6 – Stand-By and On-Call Duty Compensation

1. In order to deal with situations occurring after regular duty hours, employees may be placed on either a stand-by or on-call duty status.

2. The Agency may establish routine prohibitions regarding alcohol consumption, and may restrict the use of specific prescription or over the counter drugs, in order to ensure employees maintain the ability to perform work.

3. Stand-By Duty. An employee is on duty, and time spent on standby duty is hours of work if, for work related reasons, the employee is restricted to a designated post of duty and is assigned to be in a state of readiness to perform work with limitations on the employees activities so substantial that the employee cannot use the time effectively for his or her own purpose. The Parties agree that compensatory time shall be used in standby time situations.

   a. The Agency shall make every reasonable effort to provide an employee advance notice specifying the beginning and ending period that he or she is on standby status.

   b. The Agency agrees that when an employee is placed on stand-by, compensatory time shall be granted for the standby period provided the following are apparent:

      (1) The employee is restricted to a designated post of duty;

      (2) Has their activities substantially limited; and,

      (3) Is required to remain in a state of readiness to perform work.

   c. The Agency shall notify any employee who is on standby status of its cancellation as soon as possible.

   d. Employees will be given compensatory time or overtime pay as permitted by law, in equal amounts spent by them in irregular or overtime work.

4. On-Call Duty. An employee will be considered off duty and time spent in an on-call status shall not be considered hours of work if:

   a. The employee is allowed to leave a telephone number or to carry a phone for the purpose of being contacted, even though the employee is required to remain within a reasonable call-back radius; 

   b. The employee is allowed to make arrangements such that any work which may arise during the on-call period will be performed by another person;

   c. Once an employee responds to a call and required to work (call back), he or she shall be granted compensatory time or overtime pay as permitted by law, from the moment the work begins. The minimum compensation is two hours.

Section 8.7 – Other Pays

1. Night Shift Differential, Night Pay Differential, Sunday, and Holiday Premium pay will be computed IAW 5 CFR §532 and §550.

Section 8.8 – Adjustment of Work Schedules for Religious Observances

1. An employee whose personal religious beliefs require that he or she abstain from work at certain times of the workday or workweek will be permitted to work a number of extra hours during the same pay period, to be coded “CR” for “religious time earned” which can then be used to cover time off for those religious observances.  

2. When approved under this section, the employee will be allowed time off for such religious observances as long as it does not interfere with the efficient accomplishment of the Agency’s mission.  This time will be coded “CA” for “religious time taken” in the pay system. Normally, in each pay period where religious time is taken, it should equal the amount of religious time earned in that same pay period.

3. Requests under this section should be approved or disapproved based strictly on the impact that the employee’s absence may have on the Agency’s mission. When an employee’s request is approved, the Agency may determine whether the “religious time earned” hours will be scheduled before or after the religious observance.

Section 9.1 – General Provisions

1. An employee’s request to take earned leave will normally be granted as requested, unless the supervisor determines that the employee's presence is required to meet mission requirements.  

2. Employees are encouraged to apply for leave as far in advance as possible. Approval or denial of employee leave requests are based solely on the Agency’s mission requirements at the time the request is submitted. If an employee has sufficient leave to cover the period of absence, and their absence will not negatively impact the Agency’s mission then the supervisor shall approve the request.

3. An employee may cancel previously requested leave at any time.

4. All leave requests (paid and unpaid) will be submitted using the current timekeeping system.  If the automated timekeeping system is unavailable, a manual OPM Form 71 will be submitted for approval.

5. Leave entitlements not addressed in the contract will be done IAW the applicable law, rule, and regulation.

6. The minimum charge to leave allowed for all earned leave categories is fifteen (15) minute increments. 

7. Advance leave is not an entitlement; however, the Agency may not arbitrarily deny an employee’s request solely based on the fact that there is no entitlement to advanced leave. The determination to approve or deny an advanced-leave request shall be based on the individual circumstances of the employee making the request. The Agency should not advance leave to an employee when it is known or reasonably expected that they will not return to duty. When submitting a request for advanced leave the employee shall include:

   a. Justification for the request to include any/all supporting documentation; and

   b. Whether the employee will suffer serious financial harm if the requested advanced leave is not approved. 

Section 9.2 – Annual Leave

1. Employees shall earn annual leave in accordance with applicable law, rule, and regulation.  The employee will not start their leave period prior to receiving approval from the supervisor.

2. A supervisor will approve or disapprove properly submitted request for annual leave as soon as possible. If the request is disapproved, the reason will be entered on Block 8b of the OPM 71 and the employee will be notified. The supervisor will work with the affected employee to reschedule the disapproved leave as necessary.

3. Annual leave requests for emergency reasons will be considered on an individual basis. Employees will notify their supervisor as soon as possible of the emergency situation stating the reason for the request and the approximate time they desire to be absent from work.

4. When two or more employees from the same work section desire the same period of programmed leave and mission requirements precludes approval of all requests, approval will be granted on a first come first serve basis. Supervisors should consider the prior leave requests and approvals of the employee’s affected to ensure fair execution of the annual leave program.

5. Employees may exhaust all of their annual leave balance during one continuous period of absence and for any reason, insofar as mission requirements permit. Supervisors cannot require that employees maintain a minimum annual leave balance.  Non-emergency annual leave does not require justification from the employee.

6. Supervisors or employees may request the carry-over of use/lose leave if the mission dictates that leave cannot be used before the first pay period of the new calendar year.

7. Once leave is approved, it should not be cancelled unless the employee’s presence is necessary to meet mission requirements.  Prior to cancellation of approved leave, the supervisor should consider any adverse effect on the employee, which may be caused by cancellation of the approved leave, to include the potential loss of deposits or payments made to vacation providers and retailers including hotels, airlines, cruise ships, etc. The supervisor should provide justification for any cancellation decision and will work with the employee to mitigate any hardship caused to the employee by the supervisor’s decision.

8. Employee requests for advanced annual leave shall be made in writing to their supervisor. The request will include the number of hours applied for and justification IAW Section 9.1(7). The maximum amount of annual leave that can be advanced is limited to the amount of annual leave an employee would accrue for the remainder of the leave year. Advance annual leave is not an entitlement. Employees will be required to repay the amount of advance leave for which he or she is indebted in the event they separate from Federal service prior to accruing the amount of leave advanced. 

Section 9.3 – Sick Leave

1. Employee’s shall earn and be granted sick leave, or advanced sick leave in accordance with applicable law, rule, and regulation. Employees must receive approval for sick leave to be granted.

2. A supervisor may require a medical certificate to support use of sick leave for three (3) consecutive days or more. When requested, an employee must provide administratively acceptable evidence or medical certification within fifteen (15) days of the Agency's request. If the employee is unable to provide evidence, despite the employee's diligent, good faith efforts, he or she must provide it within a reasonable period of time, but no later than thirty (30) calendar days after the Agency makes the request. If the employee fails to provide the required evidence within the specified time period, he or she is not entitled to use sick leave.

3. An employee's signed statement certifying that the period of absence is chargeable to sick leave may be accepted when it is unreasonable to require a medical certificate. Circumstances under which an employee's signed statement is acceptable in lieu of a medical certificate are:

   a. Inability to secure an appointment with a medical professional during the period of incapacitation;

   b. Remoteness of the medical facility;

   c. Temporary illnesses if the nature of illness would not necessarily require the services of a medical professional (e.g., common cold or other instances of temporary non-emergency conditions); or,

   d. If acquiring a medical certification would cause a financial hardship. 

4. If there is a reasonable suspicion that sick leave is being abused, the Agency reserves the right to require a medical certificate for sick leave of any duration. However, in such cases, the Agency shall advise the employee, in writing, of their suspicion that sick leave is being abused and that a medical certificate will be required to support any future approval of sick leave regardless of duration. This notice will contain the reasons the employee is required to furnish a medical certificate and shall provide the employee an opportunity to provide rebuttal evidence to dispute the charge of sick leave abuse. Supervisors will review the sick leave record of those employees suspected of sick leave abuse every six (6) months to determine if this requirement should continue. The employee will be advised, in writing, of the supervisor's determination.

5. Employee requests for advanced sick leave shall be made in writing through their supervisor to the appropriate office (e.g., USPFO-CSR). The request will include the number of hours applied for and justification IAW Section 9.1(8). The maximum amount of leave that can be advanced will be IAW current Federal regulations. Employees will be required to repay the amount of advance leave for which he or she is indebted in the event they separate from Federal service prior to accruing the amount of leave advanced.

Section 9.4 – Compensatory Time 

1. Compensatory Time (CT), including CT for travel, shall be earned and granted IAW applicable law, rule, and regulation. Employees shall earn CT in increments of one-quarter of an hour (15 minutes). CT should be used before Annual Leave unless the employee is in a use/lose leave status. Additional guidance for CT (Overtime Work) is addressed in Article 8.4.

2. An employee must use accrued compensatory time off by the end of the twenty-sixth (26th) pay period (one year) after the pay period during which it was earned. Dual status technicians who fail to use their accrued compensatory time will forfeit their CT, unless it is due to a requirement of service (civilian or military) beyond the employee's control.

3. An employee directed to travel shall earn comp time for traveling during non-duty hours from the time they leave their home of record until the time they reach their destination, or vice versa.

Section 9.5 – Leave without Pay (LWOP)

1. An employee’s request for leave without pay may be granted to deal with personal matters or emergencies.

2. Employees are entitled to LWOP for the following purposes:

   a. The Family and Medical Leave Act of 1993 (FMLA), provides covered employees with an entitlement to a total of up to twelve (12) weeks of unpaid leave (LWOP) during any 12-month period for certain family and medical needs. Military caregiver leave allows an eligible employee who is the spouse, son, daughter, parent, or ‘next of kin’ of a covered veteran with a serious injury or illness to take up to a total of 26 workweeks of LWOP during a ‘single 12-month period’ to provide care for the veteran.

   b. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides employees with an entitlement to LWOP when employment is interrupted by a period of service in the uniformed service. 

   c. Executive Order 5396, July 17, 1930, provides that disabled veterans are entitled to LWOP for necessary medical treatment.

Section 9.6 – Excused Absences (Administrative Leave)

1. Excused absences may be granted IAW applicable laws and regulation. The intent of an excused absence is to provide for authorized brief absences from duty without loss of pay and without charge to other paid leave. 

2. The Agency has the authority to grant or disapprove requests for excused absences. 

3. Excused absence may be granted for the following reasons:

   a. To comply with an examination (medical or academic) directed by the Agency to determine civilian and/or military medical qualification or disability of an employee, including but not limited to: 

      (1) Medical exams, including hearing and vision, and/or periodic physicals related to an employee’s assigned duties.   

      (2) Dental exams required of dual-status technicians by their respective military service will be limited to two (2) dentist’s visits per year. The amount of excused absence granted shall be the amount of time needed to cover the dental appointment, plus the amount of time needed to cover travel to and from the employee’s assigned duty station and the dental facility. There is no limitation on the amount of time that may be granted under this section as long as the employee’s dental appointment meets the criteria herein.  

      (3) Medical Appointments for Service-Connected Injuries or Disabilities: Employees who do not qualify for Disabled Veterans Leave (DVL) and whose current sick leave balance is below one-hundred and four (104) hours (i.e., a low leave balance that could cause financial hardship) may request up to eighty (80) hours of administrative leave (excused absence) per calendar year as a reasonable accommodation in order to attend these types of medical appointments that meet the criteria below: 

         i. The employee is a dual-status technician and has a service-connected injury or disability managed by the Veterans Administration (VA), or accepted under a line-of-duty (LOD) determination managed by the MI ARNG. 

         ii. The medical appointment must be related to an injury or illness incurred as a result of service in the Armed Forces of the United States and must be at a facility approved or designated by the VA or the Agency to evaluate or treat the employee. 

         iii. Unless directed otherwise, each request for excused absence must be submitted separately. 

         iv. The amount of excused absence granted shall be the amount of time needed to cover the medical appointment, plus the amount of time needed to cover travel to and from the employee’s assigned duty station and the medical facility. 

         v. The employee is responsible for providing documentation from the VA certifying the service-connected disability rating and its effective date. Excused absence cannot be granted unless the criteria above are satisfied. When the criteria cannot be satisfied prior to attending a VA or LOD medical appointment, the employee shall be placed in an appropriate leave status to cover the period of absence. However, an employee may subsequently provide the required documentation at which point their time and attendance record shall be promptly corrected to reflect the appropriate duty status. 

         vi. Once a request is submitted the Agency will consider the following factors to determine the appropriateness of the excused absence request: 

            A. Prior use of excused absence under this policy (if any) and whether it would be more appropriate for the employee to be on Warrior Transition Active-Duty status, or some other active status as determined by a line of duty (LOD) investigation.

            B. Whether the employee has abused this or any other leave program. Prior leave abuse may become the basis for disapproval of a request under this policy, even if the request meets all the criteria above.

            C. Employees should be aware that any administrative leave granted by this section counts against the maximum annual limit of eighty (80) hours authorized under 5 CFR § 630 Subpart N, and that use of this type of administrative leave for VA appointments may affect their ability to request administrative leave for other purposes such as voting, donating blood, reviewing their personnel file, or to attend other events.     

   b. To vote or register in civic elections or in civic referendums which directly affect the town, ward/precinct, district, county, or state in which the employee’s home-of-record is located. 

      (1) An employee may be excused from duty up to three (3) hours after the polls open, or to leave work three (3) hours before the polls close, whichever results in the lesser amount of time off. 

   c. To volunteer as blood or apheresis (i.e., plasma) donor, without compensation, to the American Red Cross, to military hospitals, or other blood banks, or in response to emergency calls for needy individuals or national catastrophes. 

      (1) Employees may be authorized a maximum of four (4) hours excused absence for blood donations. 

      (2) This excused absence is authorized once every sixty (60) days and is for the express purpose of donating blood or blood products and recuperation. 

      (3) Any leave granted must be utilized at the time of the donation and may not be taken at a later date. 

      (4) A longer period may be authorized only when required for donor recuperation purposes.

   d. For dual-status technicians, to secure a Department of Army (DA) photograph when such photograph is required due to the employee’s membership in the MI ARNG. 

   e. To attend events hosted or sponsored by professional organizations affiliated with the employee’s status as either a civilian employee or military member (i.e., EANGUS, NGAUS, Federal Executive Board, etc.) when it is determined by the Agency that such attendance will serve the public interest. Excused absence is not applicable when attendance is in a military status (paid or non-paid); in such cases, military and/or annual leave would be appropriate.

Section 9.7 – Funeral Leave (Title 5 U.S.C. Section 6326)

1. An employee is entitled up to three (3) administrative leave days (consecutive or non-consecutive workdays) to make arrangements for, or to attend, the funeral or memorial service for a qualifying family member as defined by 5 CFR § 630.803 who died as a result of wounds, disease, or injury incurred while serving in a combat zone (IAW 26 USC § 112) as a member of the Armed Forces of the United States. The employee shall furnish justification for scheduling nonconsecutive days. 

Section 9.8 – Military Funerals (Title 32 U.S.C. Section 115)

1. Technicians may perform military funeral honors duty while in an administrative leave (excused absence) status:

   a. Administrative leave for the purpose of military funeral honors may be granted to cover each period of travel to and from the burial site, and the performance of funeral honors. 

   b. Employees may be reimbursed for travel and transportation incurred IAW the DoD Joint Travel Regulations.

   c. Employees may be eligible for a stipend for performing funeral honors duty but may only collect the stipend if they are in an approved leave status (i.e., annual leave, compensatory time, or LWOP). An employee must be in a funeral honors duty status for a period of at least 2 hours in order to receive a stipend. Employees performing funeral honors duty while on an administrative leave status may not collect a stipend.

Section 9.9 – Dismissals Related to Hazardous Weather and Other Emergency Conditions

1. When hazardous weather or other emergency conditions (i.e., loss of power, water, or heat) are affecting, or are forecasted to affect, an employee’s home of record or worksite, the Agency may approve an employee’s request for personal leave so that they may take care of their personal affairs. 

2. The Agency may, at TAG’s discretion, assign administrative leave status when an employee is prevented from reporting to duty, or is dismissed by the Agency prior to the end of the duty day, because hazardous weather or other emergency conditions make it unsafe or impractical for the employee to either travel from their home to the worksite, remain at the worksite, or travel from the worksite to their home. 

   a. If an employee is approved for leave under Paragraph 9.9(1) prior to an administrative dismissal being authorized under Paragraph 9.9(2) then they will be charged leave until the time set for dismissal.

   b. If an employee is already scheduled to be absent for the entire work shift on a day when administrative leave is approved under this section then the entire absence is charge to the appropriate leave status requested and they will not be eligible for administrative leave.

3. Unless notified otherwise, employees are to presume that their worksite will be operational each regular workday regardless of weather or other emergency conditions. 

Section 9.10 – Court Leave

1. Employees are authorized court leave with pay when summoned in connection to serve as a juror; or as a witness in a nonofficial capacity on behalf of any party in connection with any judicial proceeding to which the Federal, State or local government is a party.

2. If an employee is on annual leave when called for jury duty or witness service, court leave shall be substituted. No charge shall be made to annual leave for the court service.

3. An employee who is under proper summons from a court to serve on a jury should be granted court leave for the entire period, regardless of the number of hours per day or days per week the employee actually serves on the jury during the period.

4. Jury service for which an employee is entitled to court leave does not include periods when the employee is excused or discharged by the court, either for an indefinite period, subject to call by the court or for a definite period in excess of one (1) day. Therefore, an employee may be required to return to duty or be charged annual leave if excused from jury service for one (1) day or even a substantial part of a day. The employee may not, however, be required to return to duty if it would cause a hardship.

5. When an employee is called for court service (as a witness or juror), the court order, subpoena, or summons, if one was issued, must be presented to the supervisor as far in advance as possible. 

6. The employee cannot retain fees received for jury duty and witness service performed. The employee must submit fees received for jury or witness service by money order or personal check to the Agency. A certificate of attendance from the clerk of the court must also be submitted. The certificate shows inclusive dates of jury duty or witness service and amount of fees the court paid to the employee. The certificate of attendance, separately, should identify fees and allowances. 

7. Fees received by the employee are collected while allowances are not collected. If the certificate of attendance does not identify allowances separately, all moneys are considered fees and shall be collected.

8. The employee may keep reimbursements for expenses received from the court, authority, or party that caused the employee to be summoned, and may keep fees that exceed the employee's compensation for the days of service. An employee serving on a jury in a state or local court who waives or refuses to accept jury fees is still liable to the U.S. Government for the fees that would have been received.

Section 9.11 – Voluntary Leave Transfer Program  

1. The Agency shall establish procedures to allow for the accrued annual leave of one or more employees to be transferred for use by another employee within the Agency who needs such leave due to a serious medical condition. 

Section 10.1 – Uniform Appearance, Customs and Courtesies

1. The Parties agree that performing duties as a dual status technician (DST) requires wear of the uniform appropriate for the member's grade. DSTs will adhere to appropriate appearance standards, customs, and courtesies IAW US Army regulations and/or local Agency policy. 

2. Employees are not required to wear the military uniform under the following situations:

   a. During non-duty hours;

   b. When on Official Time acting as a Union Representative;

   c. While appearing as an aggrieved employee or Union witness before a third-party proceeding; or,

   d. While wearing maintenance coveralls. However, the wear of maintenance coveralls shall be confined to the grounds of the employee’s assigned duty location, to include maintenance areas (i.e., maintenance bays, wash racks, motor pool and staging areas, the flight line, or anywhere else where an employee accomplishes maintenance tasks) and common areas (i.e., maintenance offices, break and lunchrooms, restrooms, smoking areas, and any other common areas not considered a public space). Employees must be in proper military attire at all other locations during duty hours. However, employees may not wear soiled or contaminated coveralls in break/lunchrooms. 

      (1) Maintenance coveralls are not considered military uniforms. Employees may wear non-issued clothing accessories (i.e., headgear, footwear, or gloves) in conjunction with the coverall if the accessory being worn serves a specific purpose such as protection from injury or extreme weather elements, and the reason the employee is wearing the accessory is due to the Agency’s failure to provide adequate gear and equipment. However, if/when the Agency has provided an employee with the appropriate and necessary gear, the employee will only be allowed to wear the issued item, unless the item issued by the Agency does not meet the minimum protection requirements for its intended use. 

      (2) If the Agency has failed to provide employees with necessary clothing accessories and also restricts employees from wearing non-Agency issued items, an employee may invoke Section 11.4(6).

3. Employees receive their normal issue of military apparel through their membership in the MIARNG. The Agency shall provide employees with a total of four (4) sets of their primary duty uniform and all accessories required for proper uniform wear IAW military regulations. The Agency shall provide employees with additional uniforms, not to exceed four (4) sets, upon request when a uniform is deemed unserviceable by both the employee and the supervisor. 

4. Items shall be replaced on a fair wear and tear basis. Employees are highly encouraged to procure fair wear and tear replacement items as soon as the item becomes unserviceable, but no later than fifteen (15) days from the day the item becomes unserviceable. Employees who delay procuring replacement items until their entire stock of uniforms is unserviceable may experience delays in having items issued and may become responsible for purchasing their own items in order to comply with their requirement to report to work in the appropriate duty uniform. 

5. The following process will be observed when requesting uniform items:

   a. STEP 1: Employees will submit orders for required uniform items through their military unit of assignment’s supply system. The request shall be submitted via email, with a courtesy copy furnished to the employee’s immediate supervisor.

   b. STEP 2: The military unit will review the order to ensure the employee is authorized to be issued the items requested and will place an order for the items which the employee is authorized to receive. The order shall be placed as soon as possible, but no later than fifteen (15) days after the uniform items were requested. The unit will provide the requesting employee and their supervisor confirmation of order placement and expected date of issue.

   c. STEP 3: If the uniform items are not expected to be issued within forty-five (45) days after initial order, the Agency will secure the uniform items through alternate means, to include requesting an exception to policy for local purchase. 

6. In addition to the items required in Paragraph 3, the Agency will provide DSTs with safety and protective clothing/equipment IAW Section 11.3. 

Section 10.2 – Medical Requirements

1. Medical requirements associated with technician employment, to include immunizations or testing under a substance abuse program, will be accomplished IAW NGB policy.

2. DSTs who are determined to have been injured in the line of duty (ILD), and whose injury prevents them from performing the duties of their civilian position:

   a. Shall be placed in an incapacitation (INCAP) pay status IAW Agency regulations.

   b. Shall be entitled to all pay and benefits allowed per governing law and regulation to include any incurred or potential loss of income from their inability to perform the duties of their civilian position.

   c. To the extent that a technician who is injured on military duty is still fully or partially able to perform the duties of their civilian position, the Agency shall, as soon as circumstances permit, make every effort to allow them to return to said duty in either a full or light duty capacity to mitigate any adverse financial impact to the employee.

   d. When a technician is unable to perform the duties of their assigned position the Agency shall exhaust all efforts to:

      (1) Temporarily reassign the employee to a position that can accommodate whatever limitations are present because of their injury; and,

      (2) Assist the employee to return to full duty in the most expeditious manner.  

   e. Excused absence may be granted in order to accomplish or comply with requirements related to the processing of an injury under this Section.

Section 10.3 – Military Retention Boards and Technician Employment

1. The Agency shall notify a DST not selected for retention of the process for submitting a request to be retained in their current military assignment. The notice shall be accomplished via official memorandum and shall be separate from the notice required IAW applicable laws, rules, and regulations.

2. Upon submitting a request IAW Paragraph 1, a DST may be retained in the military, may not be considered for involuntary separation by their military branch retention board program, and may be entitled to re-enlist if an enlisted member, so as to maintain eligibility for continued employment as a DST until they reach unreduced annuity eligibility if they meet the following criteria:

   a. Is fully qualified and properly performing the requirements of their military position;

   b. Is fully qualified and properly performing the requirements of their technician position; 

   c. Is not eligible for an immediate unreduced retirement annuity;

   d. Has at least fifteen (15) years of service creditable toward such an annuity on the date they would otherwise be removed from their unit; and, 

   e. Will become eligible for such unreduced annuity on or before the last day of the month in which they become sixty-four (64) years of age.  

3. To be considered as properly performing technician duties the employee’s previous three annual average appraisals ratings must be at a fully acceptable level of three (3) or above. 

4. To be considered as meeting military standards, the technician must be in compliance with the requirements of 32 USC § 709(b) and must be fulfilling all the requirements of their military position. 

Section 10.4 – Uniformed Services Employment and Reemployment Act (USERRA)

1. The Agency will abide by all the requirements of 38 USC Chapter 43. The Agency may not discriminate or retaliate against employees who are past or present members of the uniformed services, have applied for membership in the uniformed services, or are obligated to serve in the uniformed services, including the National Guard and Reserves. The Agency also may not implement or enforce requirements or conditions on an employee’s service in the uniformed services that are more restrictive than those contained in the USERRA statute. 

2. No employee will be denied any right or benefit afforded to them under USERRA.

3. Under no circumstance can the Agency require that an employee resign from their position as a condition of entering active military service under Title 10 or Title 32, to include as a condition of accepting an Active Guard Reserve (AGR) or Active-Duty Operational Support (ADOS) tour. 

Section 10.5 – Other Military Considerations

1. Unless specifically related to the duties of their position description, DSTs may not be required to accomplish duties pertaining to military training, readiness, force protection and other military-related assignments including, but not limited to, training of traditional Guard members, military exercise participation, mobility exercise participation, weapons qualification training, participation in military formations, or medical mobility processing. These tasks have no impact on the classification of a technician’s civilian position and may not be addressed in a technician's performance standards. 

2. Military grade/rank inversion is not allowed. As such, a dual-status technician’s military rank/grade must be equal to or lower than that of their immediate supervisor. However, an employee may not suffer an adverse personnel action due to rank inversion resulting from an involuntary personnel action. Military grade/rank inversion does not apply to Wage Leader (WL) or Work Leader positions because these do not meet the legal definition of “supervisory” with regard to assigned duties and responsibilities. Military grade/rank inversion also does not apply to ‘Title 5’ employees, even if the employee is a member of the National Guard or Reserves. 

3. Minimum and Maximum military rank/grade requirements for DS technician vacancies will be included as part of vacancy announcements to comply with grade/rank inversion restrictions. To the greatest extent possible, the Agency will maximize opportunities to non-supervisory and non-managerial vacancies by setting minimum rank requirements as low as acceptable.  

Section 11.1 – Responsibilities

1. It shall be the responsibility of the Agency and employee to observe all safety precautions and maintain the standard of safety established in accordance with applicable regulations and safety and occupational health policies.

2. The Parties agree to exert every reasonable effort to provide and maintain a work environment conducive to the safety and well-being of all employees, and to provide safety and health training for all employees in accordance with applicable laws, rules, and regulations.

3. All rules, laws, and regulations pertaining to safety and health shall be on-hand within the employees work center and will be adhered to by all employees.

4. Hazardous tasks will normally be assigned and performed by employees who have received appropriate briefings, instructions, and training pertinent to the hazardous tasks to be performed. The performance of hazardous tasks shall incorporate all immediately available safety precautions and devices.

5. The Union agrees to cooperate in these efforts and encourage employees to work in a safe manner, obey established safety policies, and directives, and wear the required safety equipment.

6. The Union shall be allowed to be present at local and state level Safety Council meetings. Agency agrees to consider all recommendations of the Union relative to basic policy on safety and health.

7. The cleaning and repair of protective clothing and equipment contaminated with or by controlled waste material shall be provided by the Agency.

8. The Agency shall ensure that each work site meets the following minimum standards:

   a. Serviced by permanent electrical, water, and gas (as applicable) utility providers;

      (1) Reliance on temporary utilities (e.g., portable electrical generators or portable water containers) is acceptable when the Agency has secured certification by competent authority that the temporary utilities meet the minimum requirements to operate all building systems needed for safe operations. 

   b. Adequate cooling and heating is provided IAW Section 16.2(5)(b);

   c. Facility complies with all Federal, state, and local requirements for safe occupancy by humans. This includes having functioning and required safety and/or life-saving equipment and systems, when required, to include but not limited to:

      (1) Fire detection, warning, and suppression;

      (2) Lightning detection and warning;

      (3) Carbon dioxide detection and warning; 

      (4) Decontamination and spill containment (i.e., eye wash stations, spill kits, etc.);

      (5) Automated external defibrillator (AED) stations; and,

      (6) First aid kits.  

   d. Inspections and/or certificates for all required items in subparagraph c (above) on hand and current. 

   e. The Agency shall also ensure that employees receive the training required to operate or use all the items or systems listed in c. 

   f. All buildings where employees work and/or congregate in have been certified free from materials and/or chemicals that are known health hazards (i.e., asbestos and other types of hazardous materials) by competent authority.  

   g. Safety signs, programs, equipment, documents, regulations, and postings (i.e., exit signs, lockout-tag out program, SDS, bulletin boards with OSHA posters, etc.) on site and up to date as required by Federal, state, and local laws and regulations. 

   h. Permanent personal hygiene facilities at each worksite or a building in reasonable proximity to the worksite. This includes access to latrine and shower facilities, segregated by gender, that are adequately cleaned/maintained, powered, and stocked with supplies, and which have ready access to potable drinking water.

      (1) When permanent facilities are not available, the Agency may provide temporary portable latrine, shower, and mobile drinking water, and shall provide for the regular cleaning/maintenance and replenishment of supplies until permanent facilities are provided or restored. When neither permanent nor temporary portable hygiene facilities nor drinking water is available at a worksite, that site shall be deemed unsuitable to be occupied and employees shall either be relocated to a suitable facility or shall be excused from work IAW Section 9.7 until personal hygiene facilities and potable drinking water are made available.  

9. No later than thirty (30) days after approval of this Agreement by DCPAS, the Agency will provide the Union with a list of all facilities where covered employees are assigned and will indicate whether each facility complies with the minimum requirements of paragraph 8 (above). For those facilities that do not conform with the minimum requirements, the Agency shall include in their report a detailed plan of how it will bring them into compliance within a reasonable period of time, but no later than one-hundred and eighty (180) days (or sooner if required by law/regulation) after DCPAS approval of this Agreement. When the Agency cannot comply with the requirements of paragraph 8 within the time specified herein, the Agency will indicate how it plans to temporarily address the situation. 

10. An employee under the care of a physician shall promptly inform the supervisor of any condition or prescribed medication that will impair the employee’s ability to safely perform assigned duties. Information provided by an employee shall include the limiting effects of the medication and expected duration of prescription. The Agency shall make every reasonable effort to find a safe, temporary assignment for the employee. However, such accommodation is not an entitlement. In cases where impairment caused by medications cannot be accommodated, an employee will not be allowed to return to work until they are cleared by a medical professional.  

Section 11.2 – Health Services

1. The Agency will maintain an Occupational Health Services and Preventive Medicine Program IAW applicable laws, rules, and regulations.

2. An employee’s medical record may be disclosed without their consent as long as the individual requesting access has an official need for the record, articulates in detail why the records are required, the intended use of the record relates to the subject matter for which it is maintained, and only the minimal amount of information required is disclosed. The entire record is not released if only a part of the record will suffice. A requestor’s rank, position, or title alone does not authorize access to personal information about others, including their medical record.

3. The Agency is willing to host “Health Benefits Seminars” in support of the annual benefits open season period. During these seminars, representatives from major insurance providers will be invited to provide employees information regarding their benefit plans. Dates and locations will be determined by the Agency. Employees will be made aware of these seminars as far in advance as possible and will be allowed excused absence to attend. 

Section 11.3 – Safety and Protective Clothing/Equipment

1. The Agency, in accordance with applicable laws and regulations, agrees to provide all appropriate safety and protective clothing and equipment to employees during the performance of their assigned duties. When funding is unavailable, the Agency will procure the items as soon as possible when funding becomes available. The Agency may also opt to secure the item(s) through alternate means, to include requesting an exception to policy for local purchase.

2. An employee who, after evaluation from an optometrist, is required to wear prescription eyeglasses and is required to wear these eyeglasses in order to safely accomplish their assigned duties, may provide their prescription to the Agency who will then provide the employee with one pair of prescription safety glasses or goggles at no personal expense to the employee, but not to exceed the amount allotted by the Agency. Employees will be responsible for paying any amount which exceeds the allowance provided by the Agency.

3. Where required, employees will be issued protective footwear that conforms to OSHA standards as outlined in 29 CFR 1915.156.

4. The Agency shall provide employees an adequate supply of work coveralls to wear as protective clothing. The cost for maintenance and care of the coveralls shall be borne by the Agency. Specifically:

   a. All maintenance technicians will be provided two (2) 100% cotton coveralls and one (1) insulated coveralls to include cleaning and repair or replacement as necessary of such coveralls, through an ongoing third-party contract with a vendor dedicated to providing such services (e.g., Cintas, Aramark, or other similar company). Notwithstanding a lack of appropriations dues to a government shutdown, if the contract lapses for any other reason, the Agency shall take immediate action to renew or secure a contract with a different service provider as soon as possible, but no later than fifteen (15) days from the date of contract expiration. If a new contract cannot be secured within the time specified herein, the Agency shall secure the services of a third-party vendor on a temporary basis using whatever lawful fiscal discretion is available and necessary to expend funds and prevent a situation where employees do not have access to the necessary protective clothing required by this section. 

   b. The Agency shall ensure that its maintenance coverall program complies with the provisions of this section no later than thirty (30) days after approval of this Agreement by DCPAS. In lieu of a cleaning contract, the Agency may opt to install industrial washer and dryer facilities at individual worksite so that employees can clean their protective coveralls, as well as any other soiled or contaminated personal or uniform items, during duty hours.  

5. Due to health hazards posed while working in extreme hot temperatures, employees may not be required to wear excess layers of clothing underneath maintenance coveralls issued under paragraph 4 (above), to include military uniforms.

6. In addition to the protective clothing required under paragraph 4 (above), The Agency agrees to provide employees clothing items as required to work in inclement weather conditions IAW CTA requirements and authorizations. The items will be made part of the employee’s issued property record and shall be replaced on a fair wear and tear basis, or when it becomes unserviceable while performing normal duties. Employees will be responsible for the maintenance and safekeeping of these items and will be responsible for replacement or payment of items that become lost or damaged due to employee negligence.

7. When the Agency requires employees to wear protective headgear to test-drive motor vehicles, the Agency shall provide adequate headgear specifically designed or manufactured for driving safety.  

Section 11.4 – Procedure for Unsafe/Hazardous Assignments

1. The Agency will give full consideration to the need to adhere to established safety directives in the assignment of work, and shall consider the safety factors that address time, duration, frequency of exposure, and the wearing of additional personal protective equipment before directing any employee to perform function-specific tasks. Function-specific tasks may include, but are not limited to, welders, painters, radiation protection personnel, calibration personnel, auto rebuild employees, etc. These tasks shall comply with applicable OSHA standards.

2. Should an employee observe or reasonably believe a work assignment is unsafe or involves a potential hazard to their health, the employee should immediately report the circumstances to the Agency. This includes work assignments inside or outside the scope of their position description for which they have yet to receive training.

3. Any person may report an unsafe or hazardous condition, or one that places an employee in imminent danger.

4. Upon receiving such a report, the Agency will ensure the work is being performed IAW the proper procedures and safety directives or, in the case of imminent danger, cease the work process until the appropriate safety procedures and directives are implemented in order to prevent injury or death of employees, and damage to property.

5. When an employee is assigned a task or duty for which they are not currently trained or qualified to perform, or which requires a specific license or registration which they either currently do not possess or is expired, the Agency must ensure that the employee receives the appropriate training, license or registration prior to carrying out these duties. Any protective equipment normally required during the course of accomplishing said duties must be provided prior to or at the time the employee is required to accomplish the task.

6. The employee may decline to perform his or her assigned task because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or bodily harm coupled with a reasonable belief that there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures established in accordance with applicable regulations.  This may include situations where two or more persons are required by regulation in order to safely accomplish the task, when required personal protective equipment is not available, and/or when the employee is not qualified to accomplish the task.

Section 11.5 - Employees Free from Reprisals

1. Employees who file a safety complaint or who request OSHA or MIOSHA to inspect a facility, and employees who decline to perform a task under the provisions of Section 11.4 (above), shall be free from reprisals, harassment, or unwarranted disciplinary action.

Section 11.6 – Clothing Change During Duty Hours

1. When clothing being worn by an employee has become contaminated with hazardous materials the employee will be permitted to change clothing.

2. In cases where the employee does not have a spare uniform readily available and/or adequate hygienic facilities are unavailable at the worksite/work-section, excused absence, based on the time necessary to change clothing or the need for an employee to return to his residence to change his or her clothing, may be granted to the employee by the Agency or designated representative.

Section 11.7 – Workers’ Compensation Entitlements

1. Workman’s compensation procedures fall directly under Department of Labor (DOL). Refer to current Department of Labor website for processes and procedures or contact the Injury Compensation Program Administrator (ICPA) located in the Human Resource Office.

2. It is the Agency's responsibility to advise, orient and assist employees regarding entitlement to medical and loss-of-pay benefits for injuries or illnesses that occur which are job related. The injured employee’s supervisor will ensure the employee understands his or her rights and options under the Federal Employee's Compensation Act.  It is the employee’s responsibility to cooperate with required documents for payment, physical restrictions and follow up.

3. It is the employee's responsibility to report any injury or illness that he or she feels may be job related to the supervisor immediately after the occurrence. 

4. When the employee is incapacitated and unable to notify the supervisor of injury or illness, it shall be the Agency’s responsibility to initiate the required procedures as soon as they are aware an incident has occurred.

5. As it relates to a work-related injury, the employee will have their attending physician provide to the Agency a written prognosis and date for the employee's return to full, restricted or light duty. If the treating physician indicates an employee is physically able to return to work of any kind, and such work is available, the employee will be notified to report for duty the workday following the physician's determination. An employee is to be advised that refusing to return to work when ordered could result in overpayment and/or AWOL.

6. Employees absent from work due to a work-related injury or illness shall keep the Agency informed of their condition and prognosis on a regular and recurring basis and shall make themselves available for contact and possible follow-up evaluations as required by the Agency. The Agency reserves the right to obtain additional medical information or follow-up opinions, as needed, from an employee’s physician or physicians selected by DOL. The Agency shall secure authorization from the employee to obtain medical records. 

Section 11.8 – Labor Representative Accompany Inspection Team

1. The Agency shall notify the Union of any worksite safety inspection being conducted due to an accident or as a result of a reported unsafe condition as it applies to bargaining unit employees.

2. A Union representative will be permitted to accompany any safety, occupational health, or other workplace inspection teams during an evaluation of their unit/facility, and, upon request, provide a copy of any report generated as a result of such an inspection.

Section 11.9 – Occupational Health and Safety Training

1. Although employees are basically qualified to perform their duties, management has the right to determine employee training needs.

 2. If management determines that Basic First-Aid Instruction, Cardio-Pulmonary Resuscitation (CPR) instruction, and Automated External Defibrillator (AED) training is needed, it will be provided to employees required to attend on regular duty time. Each person who successfully completes a recognized course may receive a certification card.

Section 11.10 – Personal Clean-Up

1. A reasonable amount of time, not to exceed ten (10) minutes before lunch, breaks, and at the end of the work shift will be allowed for personal clean-up for employees whose work requires the handling of hazardous materials.  

2. This will not prevent the Agency from assigning work as necessary.

Section 11.11 – Office Environment

1. The Agency will provide, upon employee request and within budget constraints, office accommodations and equipment which reduce or eliminate the risk of prolonged sitting and staring at computer video monitors. These items include, but are not limited to, eye and posture protective devices such as screen covers, ergonomic keyboards, mice, chairs, and desks to those employees who do a substantial amount of computer terminal work. 

2. The Agency will ensure that employees performing essentially the same tasks or duties (i.e., employees occupying the same or similar occupational series and/or position description) within the same facility are afforded equitable accommodations, equipment, and furnishings. This includes:

   a. Office and/or cubicle space shall be of similar size/dimension;

   b. Equipment (i.e., telephonic, computer/printer/fax, etc.) shall be of similar quality and performance capability; and,

   c. Furnishings (i.e., office chairs, desks, file cabinets, etc.) shall be of similar quality and condition.

Section 11.12 – Other Programs

1. The Physical Fitness Incentive Program will be administered in accordance with applicable laws, rules, and regulations.

2. Accommodations for nursing mothers will be provided in accordance with applicable laws, rules, and regulations.

11.13 – Safety Committees

1. The Union may appoint two (2) representatives, one primary and one alternate representative to serve on the Agency Safety Committee. The purpose of this Committee is to assist and advise the Agency, in accordance with applicable safety directives, on matters affecting Occupational Health and Safety. 

2. Local Safety Committees may be established at lower organizational levels, such as individual worksites. When Local Safety Committees are formed, the Union may appoint at least one representative from within the covered area to serve as a committee member. The names of individuals serving on Local Safety Committees will be published and posted on bulletin boards located within the committee’s area of responsibility.

Section 11.14 – Maintenance, Remodeling, or Construction at Agency Facilities

1. Emergencies notwithstanding, whenever the Agency plans to conduct any type of maintenance, remodeling, or construction activity that may create a potential hazard at a facility where employees are assigned, they shall provide the Union and employees affected with notice of the pending activity to include the type of duration of the work to be performed, the potential hazards that will be present to employees, and the steps the Agency will take to mitigate any harm or exposure to employee from being exposed to the planned work. The Agency may not conduct any work or activity of the type listed below unless it complies with the notice requirements of this section. 

2. This includes, but is not limited to:

   a. Pest control and other work that requires the spraying or application of liquid chemicals or traps containing solid poisons;

   b. Minor remodeling work such as painting, scrapping, or minor demolition that has the potential to create hazardous dust, especially asbestos and mold, or danger areas from exposure to utilities such as water, gas, and electrical service lines or materials such as sheetrock or rebar, etc.; and,

   c. Major construction that may have the potential for serious bodily injury.

Section 12.1 – General

1. The Parties agree that a genuine effort will be made to settle grievances expeditiously and at the lowest level possible. The Parties further agree, when appropriate, to utilize alternative dispute resolution processes (e.g., mediation) in attempting to resolve grievances.

2. This grievance procedure will be the exclusive method of grievance resolution for the Parties. Parties, as used in this Article, refer to the Agency, the Union, and/or an employee or group of employees regardless of whether they are represented by the Union. Examples of a grievance are as follows:

   a. Any complaint by any employee concerning any matter relating to the employment of the employee;

   b. Any complaint by the Union concerning any matter relating to the employment of any employee; or,

   c. By any employee, the Union, or the Agency concerning:

      (1) The effect or interpretation, or a claim of breach of the terms of this agreement; or

      (2) Any claimed violation, misinterpretation, or application of any law, rule, or regulation affecting conditions of employment.

3. The employee retains the right to request Union representation in the grievance procedure, or to decline such representation. Employees will indicate their representation preference on the Grievance Form.

4. Regardless of employee representation option, the Union will be given the opportunity to be present during all grievance proceedings to represent the Local and to insure that any relief granted as a result of the grievance process is not inconsistent with the terms of this agreement.

Section 12.2 – Exclusions

1. Exclusions will be in accordance with 5 USC §7121 and actions covered by statutory appeals procedure in 32 USC §709(f). Matters not expressly excluded under this section may be grieved under this procedure.

2. Grievance on the following matters are specifically excluded from these negotiated procedures:

   a. Any claimed violation of Subchapter III of Chapter 73 of Title 5 (relating to prohibited political activities);

   b. Retirement, life insurance, or health insurance;

   c. Actions in accordance with 32 USC, Sec 709 (f)(4), for which the right to appeal shall not extend beyond the Adjutant General;

   d. Any examination, certification, or appointment;

   e. The classification of any position which does not result in the reduction in grade or pay of an employee; and,

   f. Termination of a trial period/probationary employee.

3. The following topics may be addressed through the grievance procedure or the appropriate administrative procedure, but not both:

   a. EEO complaints of discrimination;

   b. Prohibited personnel practices IAW 5 USC § 2302;

   c. An employee’s rating of record;

   d. Reductions in force or furlough without pay based on workforce management; and,

   e. Actions covered under the Whistleblower Protection Act.

Section 12.3 – Procedures

1. The Parties agree that this negotiated procedure is the exclusive procedure available to the Union and the employees in the Bargaining Unit for the processing of any grievance.

Section 12.4 – Employee Rights

1. All employees, whether individually or as a group, have the right to present their grievances to the appropriate management officials for prompt consideration. This procedure provides a means for the prompt and orderly consideration and resolution of employee or Union grievances. In exercising this right, the employees and the representative will be free from restraint, coercion, discrimination, or reprisal because they have filed a grievance.

Section 12.5 – Official Time and Leave 

1. Official Time is IAW Article 6.5.

2. An employee who is presenting a grievance or is participating in a grievance proceeding under this Article shall not be charged personal leave while participating in the proceeding.

Section 12.6 – Grievance Procedures for Employees and the Union

1. A grievance must be submitted to the lowest level of the Agency with the ability to resolve the matter. 

2. All timelines in this Section are calculated in business days, unless otherwise stated. 

3. Except for claims of a continuing violation, to be considered timely, a grievance must be submitted to the Agency no later than thirty (30) calendar days after the occurrence of a grievable matter or incident, or no later than thirty (30) calendar days after the aggrieved party became aware or reasonably should have been aware of a grievable matter or incident. The Agency’s failure to observe the time limits for any step in the grievance procedure shall entitle the grievant to advance to the next step unless a different timeline is specified in other sections of this Agreement. Failure of the grievant to observe the time limits at any step of the procedure will have the effect of canceling the grievance as untimely; however, when an employee pursues a grievance absent Union representation, they cannot be penalized for timeliness if the Agency fails to abide by Section 12.1(4). The Parties can extend the timelines herein by mutual agreement. 

4. The following procedures shall be used for resolving grievances filed by employees against the Agency:

   a. Step 1 – Initial Notice: 

      (1) The employee(s) shall advise the appropriate Agency representative and the Labor Relations Specialist (LRS) of their intent to initiate the grievance process by using the approved Grievance Form located at Appendix C. The appropriate Agency representative at this Step is usually the first supervisor or management representative in the employee’s supervisory chain that can grant relief to the employee’s complaint or appeal. 

      (2) The Grievance Form, as well as any supporting documents, may be submitted to the appropriate Agency representative either in person or via email, however email is the preferred method. The timeline for resolution begins upon notice being served. This applies to each Step of the employee grievance process. 

      (3) The Agency representative will acknowledge receipt of the grievance with signature and date (or via email timestamp) and will have five (5) days to attempt resolution of the grievance. When a grievance has been filed by an employee absent Union representation, the Agency representative must coordinate with the HRO to ensure the Union has the opportunity to be present before any discussions with the grievant(s) take place. 

      (4) Failure to reach resolution within five (5) days after notice is served will allow the grievant to proceed to Step 2. 

   b. Step 2 – Chief of Staff Review:

      (1) When resolution is not achieved during Step 1, the employee may submit their complaint (i.e., Grievance Form and supporting documents) to the Chief of Staff no later than fifteen (15) days after Step 1 has concluded. The timeline for resolution begins upon notice being served. 

      (2) The Agency representative will acknowledge receipt of the grievance with signature and date (or email timestamp). The Agency representative will also forward a copy of the grievance form to the HRO. 

      (3) The Agency representative will have five (5) days to attempt resolution of the grievance. When a grievance has been filed by an employee absent Union representation, the Agency representative must coordinate with the HRO to ensure the Union has the opportunity to be present before any discussions with the grievant(s) take place. 

      (4) Failure to reach resolution within five (5) days after notice is served will allow the grievant to proceed to Step 3. 

   c. Step 3 – Adjutant General Review:

      (1) If the aggrieved party is dissatisfied with the decision reached in Step 2, then the grievance may be submitted to the Adjutant General not later than fifteen (15) days after conclusion of Step 2. The timeline for resolution begins upon notice being served. 

      (2) The Adjutant General, or their designated representative, shall take appropriate action to review the complaint file, to include meeting with the aggrieved party, and render a final Agency decision no later than fifteen (15) days after receipt of the grievance.

      (3) Failure to reach resolution within fifteen (15) days after notice is served will allow the grievant to proceed to arbitration. However, only the Union may invoke arbitration on behalf of an employee.

Section 12.7 – Agency Grievance Procedures

1. A grievance by the Agency against the Union must be submitted to the LIUNA State Representative. If no State Representative is currently assigned, then the grievance is submitted directly to the LIUNA Local 1776 Business Manager at Step 2. 

2. All timelines in this Section are calculated in business days, unless otherwise stated.

3. To be considered timely, a grievance must be submitted no later than thirty (30) calendar days after the occurrence of a grievable matter or incident, or no later than thirty (30) calendar days after the aggrieved party became aware of a grievable matter or incident. 

4. The following procedures shall be used for resolving grievances filed under this section:

   a. Step 1 – State Representative Review:

      (1) The Agency shall advise the State Representative of their intent to initiate the informal grievance process in writing either via a memorandum or email. The timeline for resolution begins upon notice being served. 

      (2) The State Representative will acknowledge receipt of the grievance with signature and date (or email timestamp). The Agency shall also forward a copy to LIUNA NGC Local 1776 Business Manager.  

      (3) The State Representative will have five (5) days to attempt resolution of the grievance. 

      (4) Failure to reach resolution within five (5) days after notice is served will allow the Agency to proceed to Step 2. 

   b. Step 2 – LIUNA NGC Local 1776 Business Manager Review:

      (1) If the Agency is dissatisfied with the decision reached in Step 1 the grievance may be submitted to the LIUNA NGC Local 1776 Business Manager not later than fifteen (15) days after conclusion of Step 1. The timeline for resolution begins upon notice being served. 

      (2) The Business Manager, or his/her designated representative, shall take appropriate action to review the complaint file, to include meeting with the aggrieved party, and render a final Union decision no later than fifteen (15) days after receipt of the grievance.

      (3) Failure to reach resolution within fifteen (15) days after notice is served will allow the grievant to proceed to arbitration.

Section 12.8 – Right to Information

1. If, due to a grievance denial, arbitration is invoked by either party, relevant documents, reports and evidence relied upon will be exchanged by both parties at the direction of the Arbitrator. All information will be considered privileged and confidential and will not be used for any other purpose except for invoking arbitration.

Section 12.9 – Arbitration

1. Any grievance, which is not resolved shall be subject to binding arbitration (as permitted by law), which may be invoked only by the Union or the Agency.

2. Within fifteen (15) days after The Adjutant General issues his final decision concerning a grievance, the Union or the Agency should provide written notification to the other party informing them that the grievance has been submitted for arbitration.

3. If either party questions whether the matter is subject to arbitration because of alleged conflict with applicable existing law or circumstances, the Arbitrator will determine the question of whether the matter is subject to arbitration.

4. Arbitration hearings will normally be conducted during duty hours. Employees required to attend the hearing as complainants, witnesses, etc., will attend without loss of pay or leave, and may be provided travel and per diem IAW the Joint Travel Regulation (JTR).

5. When the Parties agree to the facts at issue, and believe that an arbitration hearing would be unnecessary, they can submit a joint stipulation of facts to the Arbitrator with a request that a decision be rendered based upon the facts jointly presented.

6. The Arbitrator may not add to, change, modify, alter, or delete any provision of this Agreement. The authority of the Arbitrator will extend to the interpretation of Federal law, this Agreement, and applicable Agency regulations or policies. 

7. The Arbitrator's decision shall be binding on the Parties. However, either Party may file exceptions to the arbitration award in accordance with law, rule, or regulation. If either Party files an exception a copy will be submitted to the other Party.

Section 12.10 – Arbitrator Selection

1. The Party invoking arbitration will request from the Federal Mediation and Conciliation Service (FMCS) a list of ten (10) impartial persons qualified to serve as Arbitrators. A copy of the request may serve as notification to the other Party that arbitration has been invoked.

2. Within ten (10) days of receiving the list, the Parties will confer to strike names via email, telephone, or in person. The Parties will alternately strike a name from the list until only one (1) name remains. The Party requesting arbitration will strike the first name. The individual’s name remaining will be selected to hear the grievance. Failure of the requesting Party to initiate or participate in the selection process within ten (10) days of receiving the list will result in the arbitration being cancelled. If the responding Party fails or refuses to participate in the selection process, the arbitration action will proceed with the requesting Party accomplishing the selection. 

3. Within (10) days of selecting an Arbitrator, the Parties will confer with the arbitrator via email, telephone, or in person to identify a hearing date(s) that is/are mutually acceptable to all concerned. Once an Arbitrator is selected IAW paragraph 2 (above), if either Party deliberately fails or refuses to participate in the scheduling of the hearing and/or deliberately fails or refuses to appear before the Arbitrator after a hearing date has been agreed to, then the arbitrator shall deem the absent Party as the losing Party and issue a default judgement in favor of the other, to include granting the remedy requested and consideration of attorney fees IAW Section 12.12(2), if said remedy is not contrary to Federal law or regulations, or this Agreement. 

4. Arbitration will normally be conducted during duty hours at a convenient location to accommodate the maximum number of participants. 

Section 12.11 – Arbitration Expenses

1. All fees, per diem and expenses of the Arbitrator shall be shared equally by the Parties.

2. The Union, when deemed a prevailing Party, may petition the Arbitrator for reasonable attorney’s fees in addition to any other relief awardable by the Arbitrator.

3. The Party requesting arbitration (charging Party) may withdraw their request at any time prior to the actual hearing. However, they will be responsible for any/all costs incurred to the Arbitrator, including cancellation fees, as a result of requesting and subsequently cancelling the arbitration. 

4. If a court reporter is requested by the Arbitrator, the cost shall be borne equally by the Parties regardless of which Party prevails. Transcripts shall be available to both Parties. Each party shall pay for their own copies of transcripts.

5. Once a hearing date is agreed to by the Parties and accepted by the Arbitrator, and unless other arrangements are made and agreed to by the Parties, all non-refundable travel costs and/or penalties charged by travel providers that are incurred by one Party due to a rescheduling, postponement, or cancellation of an arbitration by the other, for whatever reason, will be borne by the Party requesting the rescheduling, postponement, or cancellation. This includes any penalties resulting from the cancellation of non-refundable airline/train/bus fares, hotel/conference room deposits, or other financial penalties imposed by travel and/or lodging providers. Claims under this Paragraph must be supported by officially documented expenses, invoices, and/or receipts.   

Section 12.12 – Arbitration Decision

1. The Arbitrator is requested by both Parties to render a decision as quickly as possible.

2. Within ten (10) days after receipt of the Arbitrator’s decision, the Parties to the arbitration will notify one another in writing of whether or not they are filing for an exception with the Federal Labor Relations Authority (FLRA) in accordance with council procedures. An exception to the Arbitrator’s decision must be filed within thirty (30) days from the date the award is served on the parties.

3. It is understood that if no exceptions to an award are filed during this thirty (30) day period, the award shall be final and binding, effective on the thirty-first (31st) day.

Section 12.13 – Withdrawing of Grievances

1. Grievances will be terminated for the following reasons:

   a. At the request of the employee or employees concerned.

   b. Upon termination of the employee’s employment unless the personal relief sought may be granted after termination of employment.

   c. Upon death of the employee, unless some benefit may be derived by his or her dependents.   

Section 13.1 – General

1. All disciplinary and adverse actions will be done IAW applicable Agency guidance.

2. This Article applies to matters of conduct only; actions that relate to job performance will be accomplished in accordance with the Agency’s performance appraisal system.

3. The purpose of the discipline and adverse action program is to maintain control and order within the workforce by requiring compliance with established rules and regulations. Disciplinary actions will normally be taken using the concept of progressive discipline. While the concept of progressive discipline is the general rule, there may be times or circumstances when the Technician's behavior is such that a more severe punishment is required for the first offense. Supervisors will proactively address unacceptable behavior at the earliest and lowest level of discipline possible. However, this does not inhibit Agency's right to choose a higher level of discipline as appropriate.

4. Employees are expected to behave appropriately and follow all applicable rules and regulations.

5. The Agency shall determine when the need for disciplinary action occurs and such actions will be administered in a fair, impartial, and timely manner in accordance with applicable laws and regulations.

6. The initiation of a disciplinary action against an employee should not be unreasonably delayed. Some examples of a reasonable delay may include pending investigations or unexpected work schedule conflicts of short duration. Agency agrees that in order for the discipline to be effective it must be timely.

7. In those situations where an original decision may be delayed, the employee and/or their representative (if known) will be notified stating the reason for the delay and the anticipated decision date.

8. Letters of Reprimand (LOR) and all Adverse Actions must be cleared by the HRO-LR section prior to being issued to the employee.

Section 13.2 – Douglas Factors

1. In determining the appropriate remedy, penalty, or punishment, Agency will observe the principles of “like penalties for like offenses in like circumstance” as outlined in the “Douglas Factors.”

2. Agency must ensure that when an employee’s past disciplinary record is referenced said reference should be a past action (in effect) at the time the most recent conduct occurred. Otherwise, consideration is improper and cannot be relied upon.

3. Letters of reprimand that have expired may be used as a consideration when determining the penalty to be imposed in an adverse action when a range of penalties may be imposed. However, the expired LOR may not be used to constitute a prior offense.

Section 13.3 - Investigation, Examination and Representation

1. When a bargaining unit employee is questioned by an Agency representative in conjunction with an investigation, the individual overseeing the questioning will be required to inform the employee of his/her right to Union representation (Weingarten Rights) IAW 5 USC § 7114(a)(2)(B). The following statement included in Appendix A will be provided to and completed by the employee prior to questioning:

   I need to advise you that you are being questioned in conjunction with an investigation being conducted by the Michigan National Guard.

In accordance with Federal law you have a legal right to Union representation during the course of this interview.

If you exercise your right to have a Union representative present during questioning, you have the right to not answer any questions until a Union representative is present.

You also have the right to be advised of the subject and purpose of this interview and to consult in private with your Union representative prior to answering any questions.

Do you understand these rights as I’ve explained them to you: Yes or No?

Do you want to exercise your right to have a Union representative present during questioning: Yes or No?

2. Agency officials inform employees of their Weingarten Right to representation prior to any examination held for the purpose of discipline if:

   a. There is, or could be, a reasonable expectation by either the employee or the supervisor that the examination may result in disciplinary action against the employee.

   b. The employee requests representation.

   c. When questioned, employees are compelled to provide truthful responses to questions raised during an investigation. Employees cannot refuse to answer questions, but if an employee desires representation, it shall be granted before the examination can be continued.

3. As long as it does not unreasonably delay the investigation, the employee shall be granted reasonable time to consult with his or her designated representative before the scheduled examination.

4. Employees are compelled to provide truthful responses to questions raised during an administrative investigation and cannot refuse to answer questions, but if an employee desires representation, it shall be granted before the examination can be continued. However, during the course of a criminal investigation, employees may invoke their right to remain silent.

Section 13.4 – Non-disciplinary and Disciplinary Actions

1. Supervisors can use verbal counseling to make employees aware of possible misconduct. Supervisors can also use oral admonishments for this purpose.  Admonishments should be documented (date, subject, and employee’s acknowledgement) in the Supervisor’s Employee Brief (or equivalent) and will remain for a minimum of six (6) months, but no longer than twelve (12) months, as long as there are no continuing or reoccurring conduct problems. 

2. Entries made without the employee’s knowledge or acknowledgement are not considered valid and may not be referenced as a prior offense in conjunction with a disciplinary action. When a supervisor documents misconduct in the Supervisor’s Employee Brief: 

   a. The employee shall be notified by the supervisor that an entry was made by the end of the following duty day. 

   b. The employee shall be given the opportunity to discuss the matter with the supervisor, and will initial and date the entry, either on paper or electronically. The employee's initials will signify knowledge of the entry, but not necessarily concurrence. The employee will also be given the opportunity to attach a written rebuttal to the entry within five (5) days. 

3. An LOR is a more formal means of making an employee aware that their conduct is unacceptable. When conduct warrants an LOR, and the violation relates to a continuing problem, a summary of past violations and attempts to correct those violations will be included.  The employee will be informed they may review the material relied upon to support the reprimand. An LOR may remain in an employee’s record for a period of one (1) to three (3) years, depending on the severity of the infraction. 

4. A suspension of fourteen (14) days or less is an administrative action which denies the employee compensation on a temporary basis and adverse action procedures should be followed. 

Section 13.5 – Adverse Action

1. An Adverse Action will be conducted IAW current State policy. Employees will have a minimum of fourteen (14) days to respond to a proposed adverse action.

Section 14.1 – General Guidelines 

1. Furloughs of thirty (30) days or less will be conducted IAW DoD, NGB, and Agency regulations.

2. Furloughs in excess of thirty (30) calendar days (22 workdays) are considered reductions-in-force (RIF) and will be conducted IAW this Agreement, 5 CFR Part 351, and 32 USC 709.

3. The Agency shall notify the Union as early as possible of a potential furlough or RIF and shall be included in the planning and implementation team and/or committee assigned oversight of the process. 

4. Furlough notices will include:

   a. The reason for the furlough and the intent to return employees to work as soon as possible;

   b. The estimated length of the furlough (a furlough period can be for 30 consecutive calendar days or 22 nonconsecutive workdays; e.g., 1 day per week for 22 weeks); and

   c. Inform the employee of benefits that may be affected (e.g., how to continue insurance coverage) or available during the furlough (e.g., State unemployment).

5. Agency initiated furloughs shall be negotiated in accordance with Section 6.2.

Section 14.2 – Furloughs of 30 Days or Less (22 Workdays)

1. Furloughs of thirty (30) days or less, particularly furloughs based on an emergency furlough requiring immediate curtailment of the Agency’s activities where a twenty-four (24) hour notice is not possible, to include an absence of appropriations by Congress, the following procedures will be followed:

   a. Employees will be notified as far as possible in advance of such furlough. If employees are on leave or TDY, they will be notified, when possible, prior to the beginning of their shift of the day of the required action.

   b. Whenever possible, employees will be notified prior to the beginning of their shift on the day they are required to return to work unless a specific amount of days is included in the furlough notice.

2. Furloughs of thirty (30) days or less, the Agency will identify, by position, mission-essential personnel. Mission-essential employees are those whose functions directly support readiness or are necessary to prevent disruption of essential operations related to mission accomplishment. Immediately upon initiating a furlough, Agency shall provide the Union, in writing:

   a. The expected duration of the furlough.

   b. The criteria used to determine whether an employee is mission essential or non-mission essential.

   c. The designated point-of-contact for the Agency.

3. The notice required herein shall be accomplished in writing and the Agency shall record the fact that an employee has been notified and that the employee has acknowledged said notice, as required by this Section. The Agency may require that an employee travel to the worksite for the sole purpose of receiving and acknowledging a furlough notice unless delivery and acknowledgement may be accomplished electronically. 

4. Employees identified as ‘non-mission-essential’ will be issued a notice to that effect for anticipated (or required) furloughs of thirty (30) days or less.

Section 14.3 – Reorganization, Realignment, and Reduction in Force (RIF)

1. Any changes to the Agency’s civilian work force as a result of a reorganization, realignment, or a reduction in force (RIF) shall be accomplished IAW this Agreement, 5 CFR Part 351, and 32 USC § 709. This includes any action, regardless of whether voluntary or involuntary, that seeks to eliminate an employee’s incumbent position in favor of a different duty status (i.e., from civilian to active duty under either Title 10 or Title 32).   

2. The Agency will provide the minimum notice as required by regulation to employees prior to the planned date of separation as a result of a RIF.

3. An employee who is separated because of RIF will be placed on the reemployment priority list and will be offered a temporary or permanent position if available and for which the employee is qualified.

Section 15.1 - General Provisions

1. The purpose of the Merit Placement Program (MPP) is to ensure maximum opportunity for on-board employees to further their careers and to provide for fair and impartial consideration for promotion within statutory and regulatory limitations. Merit Placement actions will be accomplished IAW law, rule, and regulation. 

2. Selection shall be based solely on merit and job-related factors and will be made without discrimination for non-merit reasons such as race, color, political affiliation, religion, gender, sexual orientation, national origin, marital status, membership or non-membership in an employee organization, age, or non-disqualifying physical handicap (except when considering the needs of the military assignment for dual-status technician positions). 

3. Military requirements such as assignment, rank (officer, warrant officer, or enlisted), physical standards, and maximum age restrictions are considered job-related qualifying factors for dual-status positions. 

   a. Military grade/rank inversion will not be allowed. However, the Agency may not disqualify or fail to consider an applicant solely based on their military grade/rank (i.e., warrant officers for surface maintenance positions) unless their selection would specifically result in military grade/rank inversion or non-compatibility.  

4. 5 USC § 2302(b)(7) prohibits the appointment, promotion, employment, or advancement of relatives of an employee who has authority to take, direct others to take, recommend, or approve any personnel action. Nominating/Selecting Officials and interview panel members (if applicable) will self-identify as to any conflict arising from this Section. Where an applicant is determined to be a family member of the Nominating/Selecting Official or an interview panel member, said individual shall recuse themselves from the placement process.

5. The Agency will observe a minimum of two (2) Areas of Consideration:

   a. Area 1: Onboard (i.e., Tenure 1 and 2) employees.

   b. Area 2: All other applicants/areas:

      (1) The Agency can define the composition of AOCs beyond Area 1 at their discretion.

6. Exceptions to competition will be observed IAW law, rule, and regulation. 

Section 15.2 – Vacancy Announcements

1. When a vacancy is not going to be filled as an exception to competition, the vacant position will be announced IAW the current MPP. 

2. In certain situations, the Agency may seek to advertise a position at an entry level (i.e., less-than fully qualified). Situations under which the Agency may advertise a position under this Section include: 

   a. To avoid re-advertising if there are insufficient qualified candidates at the fully qualified level. 

   b. To recruit for candidates at less than the fully qualified level (i.e., to provide ‘bridge positions’ in support of upward mobility). 

   c. A Statement of Difference (SOD) will be prepared by the HRO prior to announcing the position at entry levels in order to properly document the duties at each level. Qualifications for dual-status/non-dual status positions will be developed at each grade level and shown on the vacancy announcement.

   d. The Agency may not use entry level position as a means to increase their overall manning or as a stopgap measure during times of limited funding. 

Section 15.3 – Evaluation of Candidates

1. The Agency may hire from among properly ranked and certified candidates for promotion; or any other appropriate source.

2. For T5 positions, the Agency will initially announce vacancies to Area 1 candidates only:

   a. When three (3) or more onboard qualified applicants are identified, those onboard applicants will be considered IAW Section 15.4. 

   b. When less than three (3) onboard qualified applicants are identified, the Agency may consider the applicants, or they can choose to re-announce the position to all Areas until the vacancy is filled. The requirements of Section 15.4 do not apply to vacancies announced IAW this sub-paragraph.

3. For DST positions, the Agency will advertise to Area 1 and as many areas as they see fit to ensure a sufficient pool of qualified applicants.

Section 15.4 – Selection of Candidates

1. Upon request, the Agency will provide the Union with a redacted copy of the Order of Merit List (OML) cover sheet, excluding enclosures.

2. The Agency will advise, in writing, those onboard candidates who were not selected for a position whether the employee was considered for placement and was eligible on the basis of the minimum qualification requirements.

Section 15.5 – Interviews

1. Whenever two (2) or more qualified applicants are referred for consideration, an interview board must be conducted. When interviews are conducted, Selecting/Nominating Officials shall conduct fair and impartial interviews of each eligible candidate listed on the HRO job packet. If personal interviews are not possible, telephone interviews may be conducted. If requested by the applicant, and if the circumstances allow, the nominating official will make every effort to grant a personal interview in lieu of a telephone interview. 

2. Interviews will be thoroughly documented, and the records closely guarded. The individual in charge of conducting the interview will collect all records associated with the interview process including any/all documents and data that interview panel members relied on to arrive at their rating of candidates. This includes hand-written notes. These records will become part of the official record. Once a candidate has been identified for recommended selection, the nominating official will return all forms used during the interview process as well as the nomination package to the HRO.

3. Interview panels shall consist of a minimum of three (3) members. Persons appointed as interview panel members will be informed that the processes and results are strictly confidential and that participants may be subject to disciplinary action for revealing restricted information. 

4. All candidates will be asked the same interview questions. All questions must be job related and tied to job duties or other appropriate criteria identified based on the individual vacancy’s position description. 

Section 15.6 – Complaints and Records Audit

1. A grievance may only be filed when the complainant alleges that an administrative or procedural error, whether intentional or not, was committed, or that a rule, law, and/or regulation was violated during the course of the Merit Placement action, including Prohibited Personnel Practices and Equal Employment Opportunity violations, that may have denied the applicant an opportunity to be fully considered for the advertised position. The mere act of not being selected from a properly certified register is not enough grounds for a grievance.

2. Candidates for vacancies may file a grievance IAW Article 12. Only on-board employees may use the grievance procedure. 

3. Upon request, pursuant to a grievance filed by an employee, the Union will be permitted to conduct audits of selection packages. The Agency shall make the entire selection packet available to the Union no later than seven (7) days after a Union request or a grievance filing. 

4. The entire selection packet will consist of:

   a. The original vacancy announcement;

   b. All documents submitted by each individual applicant, regardless of whether they were qualified for the position or not, to the Agency through the approved job application (e.g., USA Jobs) in support of their candidacy. This include a copy of whatever screening questions were asked during the application process as well as the applicant’s answers; 

   c. The certificate of eligibles (COE) provided to the interviewing and selecting official(s);

   d. All documents generated during candidate interviews IAW Section 15.7;

   e. If points or other scoring criteria were used as part or as the sole criteria for selecting an applicant, the Agency shall provide an explanation of the methodology used; and,

5. The Union will then have seven (7) days to review the packet to determine whether a violation may exist and will notify the employee as to whether a complaint may be pursued. Processes and results are strictly confidential, and the Union may be held liable for revealing restricted information. When the Union finds that there are grounds for a complaint, the procedures of Section 12.6 will apply. 

Section 16.1 – Reduction of Hazardous Working Conditions

1. The Agency has as its objective the elimination or reduction to the lowest level possible of all hazards, physical hardships, and working conditions of an unusually severe nature. As such, the Agency shall establish a State EDP/HDP Plan. Administration of this Plan will be IAW all applicable laws, rules, and regulations.

2. When an Agency’s action does not overcome the unusually severe nature of the hazards, physical hardships, or working conditions, an environmental differential determination may be authorized.

3. Current conditions will always be considered in the assignment of duties.

4. When anyone identifies a condition that may warrant coverage under appropriate categories of Environmental Differential Pay (EDP) or Hazardous Duty Pay (HDP) they may initiate an EDP/HDP Situation Request IAW the applicable Agency Regulation.

5. The Agency will maintain an EDP/HDP Committee which will meet on an annual basis. The purpose of the Committee will be to conduct a review of the State EDP/HDP Plan, to receive and consider recommendations for adding new or cancelling current EDP/HDP situations/determinations, and to review the annual expenditures for EDP/HDP. The Union will have four (4) representatives on the committee:

   a. State Representative;

   b. Surface Maintenance Representative;

   c. Aviation Representative; and

   d. SME (as needed).

Section 16.2 – Hazardous Conditions

1. The Parties agree that certain hazardous weather conditions (lightning, flooding, extreme heat, extreme cold, etc.) can create or contribute to unsafe work conditions. The Parties further agree to monitor conditions, provide applicable specific training, and to work together to prevent unsafe actions and situations.

2. Safety standards for hazardous weather conditions will be done IAW applicable safety regulations.

3. Upon request, the Agency will provide access to the laws, regulations, and instructions applicable to this article.

4. IAW Section 11.3, the Agency agrees to provide employees required to work in inclement weather conditions the appropriate clothing for the weather conditions present at their worksite, or for conditions that they might be exposed to as a result of their assigned duties.

5. In recognition of the adverse effects of extreme temperatures and weather conditions upon employees, the Agency agrees to the following:

   a. Work/rest cycles will be established to ensure the safety of employees required to perform duties outside, in sheltered (e.g., open garage/maintenance bays) or unsheltered conditions during period of extreme heat and/or cold weather. The Agency will ensure employees have adequate breaks in-shelter to reduce the chances of injury. Supervisors will also ensure that employees working in extreme cold have adequate cold-weather gear and heat, and that those working in extreme heat have proper access to water and shade. The Agency shall observe applicable operational risk management Army and Air Force regulations (as applicable), to include monitoring of Wet Bulb Globe Temperature (or equivalent) and wind chill factor. Sample charts are included below. 

   b. Employees working indoors will be provided a climate-controlled environment, and will not be exposed to temperatures below 60o F or above 85o F. When internal temperatures fall outside of this range and are expected to remain so for more than sixty (60) minutes the Agency may implement work/rest cycles, or they can temporarily move employees to an alternate location that provides adequate cooling or heating. If the condition remains for more than four (4) hours, employees may be administratively dismissed IAW Section 9.9 until the Agency makes the necessary repairs to its facilities. 

   c. When lightning is within five (5) miles of a work facility, employees will be allowed to take shelter indoors and will not be required to continue outdoor operations for a minimum of ten (10) minutes after lightning last struck within the stated five (5) mile radius. 

Section 16.3 – Environmental Differential Pays (EDP) / Hazardous Duty Pays (HDP)

1. EDP/HDP may be authorized IAW 5 CFR § 532 and 5 CFR § 550 respectively. All requests for EDP/HDP will be completed IAW applicable Agency regulation.

SEE TABLES

Section 17.1 – Employee Awareness of Assigned Duties

1. A position description (PD) describes, for purposes of pay and classification, the major duties, responsibilities, and supervisory relationships for a given position as required by the mission. PD’s do not list every duty or task an employee may be assigned, but reflects those duties which are pay plan, series, and grade-controlling. Each employee's PD will be maintained in the Supervisor's Work folder, or its equivalent.

2. A supervisor in coordination with the employee is responsible for ensuring that the duties and responsibilities of the current PD accurately reflect the work being performed by the employee. Supervisors will review the PD with the employee on an annual basis, usually in conjunction with their performance appraisal, or as requested by the employee. New-hire employees will be provided a current copy of their PD.

3. Employees concerned that they could be performing duties outside the scope of their position description (either higher or lower graded duties) may request a desk audit of their position. Employees concerned that their position is not classified correctly may request a classification appeal. 

4. When a PD is determined to be inaccurate, is changed or updated the supervisor will coordinate with HRO-Classification to determine whether the PD will require pen and ink changes, position review, or a new PD. If a pen and ink change is needed, it must be approved by NGB before implementation. When a PD is changed, the supervisor will take into consideration any new duties for which the employee is not already qualified when conducting evaluations.

5. A supervisor will immediately notify an employee of any changes to their PD. They will also provide a copy of the changes to the employee and will review the changes with the employee.

6. The Agency will continually monitor Position Description Release (PDRs) notices by NGB that communicate the update, replacement, and/or abolishment of PDs to ensure that employees have the most current version of their assigned duties, especially as it relates to pay and classification. 

7. Whenever NGB releases a PDR that modifies an employee’s PD and/or pay, series, and grade, the Agency will notify the Union and provide a copy of that PDR and all documents that accompany the release no later than thirty (30) days after the PDRs effective/release date. The Agency will follow the procedures in Section 6.2 to ensure that the changes outlined in the PDR are implemented within the validation window specified in all NGB PDRs, usually one-hundred and twenty (120) days. When the Agency fails to implement a PDR within the specified window, especially one that provides a pay increase to the employee’s affected on or before the implementation-window specified, the Agency will be responsible for retroactive implementation of the delayed PDR to a date not earlier than the one-hundred and twenty-first (121) day after the effective release date of the PDR in question, to include providing back pay IAW 5 USC § 5596, unless that delay or error is caused by reasons beyond the Agency’s control.  

8. Once per quarter, but no later than the fifteenth (15th) day during the months of January, April, July, and October, the Agency shall provide to the Union with the latest copy of NGB’s Position Description (PD) Index and Compatibility Table for dual-status positions. 

Section 17.2 – Details and Other Duties as Assigned

1. A detail is the temporary assignment of a technician to a different position for a specified period, with the employee returning to regular duties at the end of the detail. 

2. Prior to placing an employee on a temporary detail, a request will be submitted to HRO-Staffing using Standard Form (SF) 52, to include position title, and the start and end date of the detail. HRO-Staffing will evaluate the assignment to ensure compliance with Agency regulations and this Agreement and notify the supervisor whether the detail is approved or disapproved. If approved, the employee will be notified in writing of the start and end date of the detail as well as their duties and responsibilities. 

3. The Agency may require an employee to perform ‘other duties as assigned.’ The phrase or term ‘other duties as assigned’ as used in a PD simply establishes the principle that assignment of duties to employees is not limited to the duties specifically described in the PD; however, ‘other duties as assigned’ shall not be used as the basis for the assignment of duties unrelated to the principal duties of an employee's position, except on a temporary and infrequent basis, and only under circumstances in which such assignments can be justified as reasonable. Except in very limited circumstances, ‘other duties as assigned’ should be closely related to the employee’s position and will not be grade-determining.  

4. ‘Other duties as assigned’ does not apply to tasks which would otherwise be considered a detail, temporary promotion, or a reassignment. 

5. Neither the Agency nor employees shall abuse the use of ‘other duties as assigned.’ Except for changes to lower grade resulting from an adverse action IAW Article 13, when an employee is assigned duties of a lower graded position for any period of time, that assignment shall not adversely affect an employee’s compensation, classification, or position of record. Promotions exceeding one hundred and twenty days (120) days shall be competitively announced.

6. When the duty station for a temporary detail is outside the limits of the employee’s official duty station, an employee’s travel between their home and the temporary duty station is compensable IAW applicable regulations.

7. When an employee’s local access to classified information is suspended pending DoD CAF review, the Agency may detail or reassign the employee to an alternate position pending the outcome of said review, unless detailing or reassigning the employee would cause the Agency an undue hardship (i.e., significant difficulty or expense).  

Section 17.3 – Pay for Higher Graded Duties

1. An employee assigned duties of a higher pay grade for a period in excess of fourteen (14) consecutive days during any one-hundred and twenty (120) day period, the employee shall be entitled to pay at the higher rate for the entire period during which the higher graded duties were assigned. However, repeatedly assigning an employee duties of higher pay grade for periods of less than fourteen (14) consecutive days during any one-hundred and twenty (120) days period may result in those higher graded duties being compensable. 

2. Claims pursuant to a violation of this Section shall be filed IAW 5 USC § 5596, the Back Pay Act. Back pay claims are considered continuing violations for the purposes of the time limits contained in Section 12.6(3).

Section 17.4 – Relocation Expenses

1. An employee whose duty station changes as a result of an involuntary administrative personnel action shall be entitled to the payment of relocation expenses when authorized by the DoD JTR. The Agency shall ensure that employees eligible for relocation payments are aware of their entitlement. The Agency cannot require or suggest that an employee refuse or decline relocation entitlements as a condition of accepting the relocation or as a way for the Agency to save funds. 

Section 18.1 – Job Related Training and Qualifications

1. The Agency agrees to provide job related training and development for employees, as necessary, to accomplish the mission of the MI ARNG in an efficient manner, and to consider the Union’s views and recommendations in developing programs relating to training of employees. The Agency may require a Continued Service Agreement as a condition of training attendance when the cost of said training requires a significant financial expenditure on the part of the Agency. 

2. The Parties recognize that changes in the workplace will continue as technology, new techniques, material, and equipment are developed and employed. Each employee is responsible, to the greatest extent possible, for taking the initiative necessary to keep abreast of changes. However, the Agency shall train employees on all new equipment, technology changes, and procedures needed to perform the duties of their job at a fully successful level. For employees who are subject to production and timeliness standards, time spent in a training status will not be counted against the employee.

3. The Agency agrees to extend every reasonable consideration to employees for attendance at job related courses, especially in situations where an employee’s position and/or duties are modified or impacted by the introduction and/or use of new equipment and/or procedures. Supervisors will provide information on courses that relate to improving the employee's job performance, as applicable. An employee who is unable to attend a required training course or event due to circumstances beyond their control shall not experience an adverse employment action.  

4. All employees shall have an equal opportunity to receive training.

Section 18.2 – Personal Development

1. The Agency encourages employees to take advantage of the educational benefits that are available to them by virtue of their membership in the MI ARNG.

2. To the greatest extent possible and barring any disruption to the mission of the MI ARNG, the Agency agrees to accommodate employees pursuing a higher-level education or certification, in a nationally recognized and accredited institution, such as a community college or university.

3. The Agency will work with the employee to adjust his/her shift rotation or work schedule in order to facilitate their education goals when possible.

4. Upon request, an employee must provide evidence of active/continued enrollment in an accredited institution, satisfactory attendance, and progress in order to justify adjustments to work shifts or schedules.

5. A request for a work-schedule adjustment under this Section must be submitted prior to the beginning of the school period/semester for which the schedule will apply, IAW Section 8.1(6). 

Section 19.1 – Policy

1. The Parties strongly endorse Title VII of the Civil Rights Act of 1964 (42 USC Chapter 21, Subchapter VI), the right of employees to be free from workplace discrimination. Complaints of discrimination brought by employees are governed by 5 CFR Part 1614. 

2. The Parties agree to work together to ensure that all employees are periodically informed of the Agency’s EEO policy.

Section 19.2 – EEO Complaint Procedures

1. Any employee who believes they have been discriminated against may file a complaint IAW Federal laws and Equal Employment Opportunity Commission (EEOC) regulations, or may pursue a grievance IAW Article 12, but not both. Employment discrimination includes, but may not be limited to:

   a. Unfair treatment because of your gender, race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, sexual orientation, or genetic information.

   b. Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, sexual orientation, or genetic information.

   c. Denial of a reasonable workplace accommodation that you need because of your religious beliefs or medically documented disability.

   d. Retaliation due to filing a complaint of discrimination or assisting with a discrimination investigation or lawsuit.

   e. Discrimination on other basis including sexual orientation, status as a parent, marital status, political affiliation, and conduct that does not adversely affect the performance of the employee.

2. In cases where an employee alleges that they are a victim of sexual assault or sexual harassment committed by other Agency employees, to include allegations against an immediate supervisor, a co-worker assigned to the same work section, or any other individual within close proximity to the accuser (i.e., where accuser and accused are more likely than not to interact on a daily basis), the Agency may consider temporarily reassigning some or all of the individual(s) in order to reduce the potential for further conflict during the investigative phase. However, any reassignment shall be temporary, and it shall not have an adverse impact on any of the individuals involved. 

Section 19.3 – Reasonable Accommodation (RA)

1. IAW law, rule, and regulation, the Agency is required to provide reasonable accommodation (RA) to qualified individuals with disabilities who are employees, unless doing so would cause undue hardship. An accommodation is any change in the work environment or in the way the Agency normally conducts business that enables an individual with a disability to enjoy equal employment opportunities. 

2. The RA process begins as soon as an employee or their representative makes an oral or written request for accommodation to the Agency. There is no specific format required for an RA to be submitted. Any communication to the Agency by an employee or their representative requesting that the Agency make adjustments or modifications due to a medical condition is considered a valid RA request. 

Section 20.1 – Office & Meeting Space 

1. The Agency shall provide the Union with adequate space to conduct Union meetings during non-work hours (before and after normal duty hours, and during lunch). As such, the Agency agrees make space available, upon request, for the Union to conduct internal business. 

2. The Union shall comply with all security rules applicable to the MI ARNG. Requests for a meeting facility will be coordinated by the Union with the Agency prior to use.

Section 20.2 – Mail Service

1. The Union shall be authorized to use the Agency’s internal mail distribution system, and the electronic mail system (e-mail), to conduct Union business which is necessary for the effective representation of bargaining unit employees, and for other purposes which are customarily allowed of other non-Government entities such as EANGUS/NGAUS. 

2. Union representatives shall observe all Agency rules and regulations governing the use of mail distribution systems (electronic or otherwise). Failure to do so may result in denial of access of use. 

Section 20.3 – Publications and Other Services

1. The Agency will keep employees informed of changes in services and benefits such as retirement seminars, health benefits, the Thrift Savings Plan, etc.

2. The Agency agrees to make electronically available to the Union and employees for their use in review and research current policy directives, regulations, etc. relating to matters which affect pay and benefits, personnel policies, practices, and working conditions. 

Section 20.4 – Bulletin Boards 

1. The Agency will provide space for a bulletin board for the exclusive use of the Union in each work site where bargaining unit employees are assigned. The bulletin boards can be of the cork-type or may be electronic (i.e., television or computer monitors). The bulletin board shall be purchased and installed by the Union and shall be in an area where employees normally congregate or regularly pass so that Union bulletins or notices can receive the widest possible dissemination. Typical locations include areas where the Agency maintains other informational bulletin boards, lunch/break rooms, or any other conspicuous place where the information is openly visible, and access is not restricted. When the Union opts to use electronic bulletin boards, the Agency shall ensure that an adequate power source is available in the area where the bulletin board is to be installed.  

2. The Union will be responsible for the content of literature posted on the bulletin board. Any such bulletin notices or literature posted or distributed must not violate any law, security, directive, or contain libelous material.

3. The Union agrees to maintain the bulletin board space provided in a neat and current manner.

Section 20.5 – Common Areas

1. The Agency shall make available to each employee a separate personal locker of adequate size and located in a conveniently accessible location for storage of employee clothing and other personal items. The lockers must have the ability to be secured to prevent unauthorized access. 

2. The Agency agrees to maintain adequate common areas (i.e., locker rooms, break areas, and eating areas) within each facility that are separate from maintenance areas and that are not used to store petroleum, oil, and lubricants (POL) or any other type of liquid or substance that is considered a health hazard. 

3. Areas identified for the safe consumption and storage of food and beverages (i.e., break and/or lunch rooms) by employees shall be furnished with a sufficient number of tables and chairs, cold food storage appliances (i.e., refrigerator and/or deep freezer), dry storage areas (i.e., cabinets, pantries, and drawers), appliances for the heating of food and beverages (i.e., microwave and coffee machine), and sanitation equipment and products (i.e., sink/dishwasher and cleaning detergents) commensurate with the number of employees assigned to the facility. These areas shall be generally maintained in a clean and orderly fashion by the employees who use said facilities. However, the Agency shall be responsible for performing routine maintenance such as pest control and other general and recurring maintenance beyond daily cleaning.   

4. The Agency shall designate smoking areas at each work site that are reasonably accessible to employees, provide a means to safely dispose of used tobacco products, and provide a measure of protection from the elements. 

Section 20.6 – Access to Union Public Internet Sites

1. The Agency will not deliberately or inadvertently deny or block an employee’s ability to access the Union’s public internet site from or through government computers. This provision applies to the site located at or under the http://www.local1776.org domain and all pages thereunder.

Section 20.7 – Use of Personal Communication Devices

1. This section covers the use of personal communication devices by employees during duty hours. 

2. In general, employees shall be allowed to use personal communication devices (i.e., cell phones, smart phones, tablets, iPods, etc.) during duty hours.

3. Use of personal communication devices is not authorized under the following circumstances:

   a. In secure areas such as COMSEC vaults or any other type of room or facility where the use of personal communications devices is specifically prohibited by governing regulations. 

   b. In hazard areas (i.e., inside yellow lines) such as in a maintenance bay or on the shop floor where employees are actively performing work on vehicles or equipment.

   c. While operating government vehicles of any type. 

   d. To the extent that the use of the device creates a safety risk.

4. The use of personal communication devices during duty hours should not interfere with the Agency’s ability to accomplish its mission. Excessive use of a personal communication device to a degree that interferes with the ability of one or more employees to accomplish their assigned tasks will not be allowed and may result in disciplinary action.

5. The Agency may not confiscate nor request that an employee surrender or allow examination of the contents of a personal communication device except during the course of a bona fide investigation, and after the presentation of a properly formulated request or warrant issued by appropriate legal authority. When the Agency seeks to confiscate or examine an employee’s personal communication device pursuant to an investigation, the provisions of Sections 5.2, 5.3, 5.7, and 13.3 will apply.      

Section 21.1 – General

1. Travel and per diem will be paid IAW applicable law, rule, and regulation.

2. Employees will use the Defense Travel System (DTS) and Government Travel Card (GTC) for all official travel arrangements and related expenses.

Section 21.2 – Travel Entitlements

1. The Agency will notify employees as far in advance as possible of TDY travel. An employee may request to be excused from TDY under justifiable circumstances. If an employee’s request is denied, the Agency shall provide the employee a written explanation.

2. Travel will be conducted by the most advantageous, prudent, and economic means available. The Agency will not require an employee to use their privately-owned vehicle (POV) for travel nor will an employee be entitled to reimbursement for POV travel not previously approved and the most cost-effective mode of transportation IAW the JTR and Agency policies. 

3. An employee’s objection to traveling by commercial airline, which is supported by a valid medical certificate stating he or she should not travel by aircraft, may be accepted as sufficient authority to utilize other methods of transportation. The Agency will determine what the most cost-effective alternate mode of transportation is IAW the JTR and Agency policies.

4. In no case will TDY’s be assigned to any employee as a reward or punishment.

Section 21.3 – Temporary Duty (TDY) Assignments

1. The Agency, in consonance with applicable laws and regulations, may require employees to temporarily travel away from their assigned duty station in order to meet mission requirements. This is commonly known as TDY. When an employee is assigned TDY work, the provisions of this Agreement shall be observed regardless of whether the assignment is performed on a voluntary basis, or as directed (involuntary) by the Agency in order to support the Agency's mission. 

2. TDY requirements will be announced as far in advance as possible to allow employees the opportunity to make suitable arrangements in order to perform the work.

3. The Agency will make every effort to direct or assign employees TDY on an equal basis and shall take into consideration the nature of the work, the need for special skills, the priority of productive or support effort, and the numbers of employees required. 

4. The Agency should make every effort to seek qualified volunteers prior to mandating that an employee performs TDY work. In the event there are insufficient qualified employee volunteers willing to perform TDY work, the Agency has the authority to direct an employee to participate in a TDY in order to meet the Agency's mission requirements. 

5. Except during periods of emergency IAW Section 4.2, the Agency shall provide affected employees not less than two (2) weeks’ notice to schedule an involuntary TDY, except when the Agency determines that they would be seriously handicapped in carrying out its functions or that costs would be substantially increased.

6. Supervisors will also take into consideration any personal hardships that TDY work may cause the affected employee(s) and will make every effort to accommodate said hardships. These include issues such as childcare, school, and other bona fide hardships that may affect the employee and/or their family due to the TDY work.

Section 21.4 – Conditions of Employment

1. The provisions of this Agreement shall apply to the Parties during TDY to include the scheduling of work, overtime requirements, compensation, discipline, and other conditions of employment. The Agency may not restrict employee off-duty activities except as required by a host government or law enforcement Agency with oversight of the TDY location. This includes any restrictions concerning off-duty conduct to include confinement to base/quarters, consumption of alcohol, local area travel, off-limits commercial establishments, and any other activity that an employee can normally and voluntarily choose to participate in. 

2. The Agency may request that the Union designate one or more representatives, depending on the number of employees taking part in the TDY, to serve as Union Stewards. 

Section 22.1 – Employee Performance

1. The Agency’s Employee Performance and Incentive Awards Programs will be administered IAW NGB regulatory guidance.

2. The development of performance standards and identification of critical elements will be a joint effort between the employee and supervisor. These elements must be fair and equitable and consistent with the position description of the job.

3. The standards and identified critical elements shall be put in writing and acknowledged by the employee and supervisor. Amendments and/or modifications can be made during the rating year if both the employee and supervisor acknowledge the changes/modifications. 

4. An employee’s performance rating may not be reduced as a result of serving in a representation capacity on behalf of the Union. 

5. When an employee’s performance evaluation includes the awarding of a certain job-objective score based on a comparison or measurement of the their individual ability to meet certain standardized labor and/or man-hour goals or metrics established by Agency regulations, and those goals or metrics are subject to modification at the local level by the Agency, then the Agency must negotiate with the Union on such labor and/or man-hour criteria prior to using it as a determining factor concerning an employee’s annual performance evaluation.    

Section 22.2 – Official Appraisal

1. To have an objective appraisal, an employee will work for their appraiser not less than ninety (90) days. When this is not the case, the last approved performance appraisal on file will be used as the employee’s most recent rating of record.

2. A supervisor’s evaluation of an employee’s performance shall be objective and supported by fact. When an employee believes the above criteria have not been met, an appeal may be made using either the Agency’s appeal process or using the grievance process in Article 12. 

3. Normally, an employee and their supervisor shall meet, face-to-face (i.e., in person or via teleconference), a minimum of three (3) times during the rating cycle in order to accomplish their appraisal:

   a. At the beginning of the appraisal period to discuss the performance standards and critical elements to be applicable for the coming rating period, and to discuss performance expectations. Performance will be appraised on a continuing basis and employees shall be kept up-to-date as to how their performance compares to the established performance standards.

   b. At least once during the appraisal period to conduct an interim performance review and provide the employee feedback on whether they are meeting expectations, and if not, how they can improve performance. If the supervisor has identified short comings in the employee’s performance, the employee shall be notified of perceived problem areas and will be provided guidance on how to improve the quality of work in order to more satisfactorily perform duties at expected levels.

   c. At the end of the appraisal period to review the employee’s performance during the rating period and discuss the results. Performance appraisal will be presented to an employee with the goal of communicating the supervisor’s overall assessment of the employee’s performance over the rating period, review accomplishments, address shortfalls, and discuss the next rating period to include proposing any changes or adjustments he/she feels may be appropriate.

4. Employees are highly encouraged to complete the self-assessment portion of the performance appraisal process. 

5. When the Agency fails to abide by the requirements of paragraph 3 (above) and/or fails to provide an employee with a finalized performance appraisal rating within ninety (90) days after the end of a specific rating period, the employee shall receive a minimum rating of three (3) for all critical elements evaluated during said rating period. 

Section 22.3 – Actions Based on Unacceptable Performance

1. An employee not serving in a probationary or trial period, and whose performance is below fully successful (or its equivalent), is entitled to:

   a. A Performance Improvement Plan (PIP) is a ninety (90) day advanced written notice of sub-standard performance which informs the employee of:

      (1) The instances of unacceptable performance.

      (2) The critical elements of the job standard which are unacceptable.

      (3) How the supervisor will assist the employee in bringing his/her work up to acceptable standards, to include providing available training opportunities that will allow the employee to reach a satisfactory level of performance.

2. An employee may not be rated below fully successful (or its equivalent), and no action based on unacceptable performance may be taken, to include actions covered by Section 22.4, unless the procedures in paragraph 1 (above) have been followed by the Agency. 

3. When the criteria in paragraphs 1 and 2 (above) have been met, if an employee’s performance continues to be unacceptable in one or more critical elements after the performance improvement period has expired, the Agency may take one or more of the following actions in accordance with appropriate regulation. The actions below are listed in a progressive order; however, the Agency may take whatever action is appropriate as supported by the individual circumstances: 

   a. Denial of within grade increase;

   b. Reduction in grade;

   c. Reassignment; or,

   d. Removal.

4. The action taken should not be arbitrary or capricious and should be considered in the context of the employee’s total work history, especially their past performance. This is especially true in cases where a previously high-performing employee suddenly begins to under-perform for no apparent reason. In these cases, the Agency should consider taking a lesser penalty. A referral to the Employee Assistance Program (Article 23) may also be appropriate in these instances of unacceptable performance. Both supervisors and employees are encouraged to identify situations where it may be advisable for an individual to voluntarily seek assistance.

Section 22.4 – Within-Grade Increases (WGI’s) & Upward Mobility Promotions (UMP’s)

1. The Agency shall process Within-Grade Increases (WGI’s) as soon as an employee becomes eligible, as long as they are performing at a fully successful level or higher. The Agency may not delay a WGI, except for a rating of unacceptable performance or due to periods of non-creditable service. 

2. Employees who are hired into an Upward Mobility Promotion (UMP) position, usually at a grade below the fully qualified level of their position, shall be promoted to the fully qualified grade as soon as the employee meets the minimum experience requirements. The Agency may not delay a promotion to the fully qualified grade level, except for unacceptable performance. 

3. When an employee’s unacceptable performance will prevent the award of a WGI or a UMP, the Agency will follow the procedures in Section 22.3(1), to include notifying the employee of their ineligibility for a WGI or promotion at least ninety (90) days prior to the date the action was due to become effective. If the Agency fails to follow the procedures established herein, the WGI or promotion cannot be held in abeyance, and the previous rating will serve as the basis for the increase or promotion.

4. When a WGI or promotion is withheld due to sub-standard performance, the WGI or promotion shall be granted as soon as the employee’s performance reaches a satisfactory level. 

Section 22.5 – Incentive Awards Program

1. The Agency recognizes the importance to reward those employees that consistently excel in the performance of their duties. Therefore, the Agency will implement and maintain an Incentive Awards Program to recognize employee efforts.

2. An employee who receives a rating of five (5) on their annual performance appraisal and is not otherwise submitted for an award shall automatically have a Time-Off Award (TOA) of forty (40) hours submitted to the board for consideration.    

3. Within thirty (30) days after approval by the TAG or designee, the Agency shall provide to the Union the number of awards by type, to include but not limited to: Quality Step Increase (QSI); Sustained Superior Performance (SSP); or Time-Off Award (TOA), for employees within the bargaining unit, and an overall state comparison.

Section 23.1 – General 

1. The Agency shall institute a program IAW 5 USC § 7904 to assist employees who may be experiencing personal difficulties or hardships such as substance dependency or abuse, relationship challenges, stress, and other situations which can affect an employee’s ability to accomplish their assigned duties. The Agency will not reveal names of persons voluntarily seeking assistance without the employee’s written consent. Employees may request the services available through the Agency-sponsored EAP any time. The Agency will advise employees of the program options offered based on their duty status (i.e., Military One Source, VA, etc.). 

2. The Agency may refer employees to EAP; however, participation in the program is strictly voluntary. Excused absence will be granted for an initial EAP counseling session.

3. A fundamental purpose of EAP is to assist employees with problems that may result in conduct or performance deficiencies. However, the program is not intended to shield employees from corrective action(s). While participation in EAP is strictly voluntary, the Agency may recommend that the employee seek EAP assistance as an alternative to disciplinary action. In these cases, the Agency agrees to hold in abeyance a proposed disciplinary action so long as the employee participates in EAP, does not engage in new instances of misconduct or performance deficiency, and successfully completes the treatment to which he/she is referred. If the employee meets these requirements, the proposed disciplinary action will be rescinded. This provision only applies to first-time offenses or instances where an EAP referral may serve as an alternative to disciplinary action. EAP should not be considered, and may not be invoked, in cases of severe, egregious, or criminal misconduct. 

4. EAP does not limit the Agency's right to take administrative and/or adverse action.

5. No disciplinary or adverse action will be taken, specifically, as a result of an employee either using or refusing EAP. This extends to an employee who self-discloses a personal medical/behavioral condition to the supervisor. Participation in rehabilitative programs may be taken into consideration when disciplinary action is pending against an employee. 

Section 24.1 – General

1. The Parties agree that it is in their interest to preserve manpower positions within the MI ARNG. 

2. The Agency will notify the Union as soon as it decides that it is necessary to contract out work which could cause an immediate or eventual RIF or downgrade of employees. This notification shall occur before the contract is let. 

3. The Agency agrees to negotiate with the Union to the extent those negotiations do not interfere with Management's rights under the Statute. The Agency also agrees to negotiate appropriate arrangements for employees adversely affected by the decision to contract out work.

Section 25.1 – Employee Participation

1. The Parties recognize that valuable contributions can be made in regard to developing wage policies and in conducting wage surveys. When requested to do so by the Local Wage Survey Committee (LWSC), the Agency and the Union will select employees as data collectors on the basis of their qualifications, to assist in the collection of wage data. 

2. Wage Grade employees selected to be data collectors shall be members of the Union. 

3. If selected by the LWSC to host the collection of wage data, the Agency will furnish temporary office space and communication equipment (computer terminals, telephone, and fax machine) as necessary in order to support the DoD Wage and Salary Survey Team.  

4. The Agency may provide employees serving as data collectors with access to GSA vehicles in order to facilitate their collection of local wage data.   

Section 26.1 – Joint Agency-Union Sponsored Training Sessions

1. The Parties may conduct joint Agency-Union training sessions. The training sessions may include training on the administration of this Agreement, Alternate Dispute Resolution (ADR) or Interest Based Bargaining (IBB) methods, and other topics specifically related to Labor/Management Relations (LMR). 

2. Training conducted will be on Official Time.

Section 26.2 – Labor/Management Relations (LMR) Training

1. Employees serving as Union Representatives may be granted official time in conjunction with attendance at training sessions sponsored by the Union, to include time for travel to and from the training event, provided that the subject matter of such training is in the public interest and will benefit the U.S. Government, the Labor Organization, and the MI ARNG.

2. Requests to be excused to attend Union sponsored training will be submitted, with justification to the supervisor and HRO, as soon as possible but no later than fourteen (14) days prior to the training session.

3. Approval/Disapproval notice will be returned by e-mail no later than seven (7) days after the request is received IAW Section 26.2(2).

4. Information needed for approval of LMR Training is as follows:

   a. The name and title of the Union Representative(s).

   b. The name or title of the Union sponsored training session.

   c. The agenda of the Union sponsored training session, to include total number of hours.

   d. The specific dates of training.

   e. The total number of hours requested.

   f. Location of Training, i.e., facility and address.

5. Upon completion of the training, a certificate or a letter certifying the attendance is required to verify excused absence.

6. Verification of attendance will be given to immediate supervisors for time keeping purposes.

7. When LMR training constitutes official business (i.e., training is in the public interest) and is considered beneficial IAW 5 USC §7131(d)(2), travel and per diem may be paid IAW appropriate law or regulation.

Section 26.3 – Orientation of New Employees

1. All new employees shall be informed that the Union is their exclusive representative and its role in the workplace. The Agency will also provide each new employee information about how to access the CBA and general contact information about the Union to include informing them about the Union’s website. 

2. The Agency will also allow the Union an appropriate amount of Official Time to brief new employees on their rights, the Union’s role in the workplace, and the membership benefits of the Union.

Section 26.4 – Labor Management Partnership Council 

1. The Parties acknowledge a common interest for improving operations of the MI ARNG, and the wellbeing of its employees. The Parties agree to establish a Labor Management Partnership Council (LMPC) to consider and suggest improvements in the areas of personnel policies, practices, and working conditions.

2. To the greatest extent possible, the Council will consist of an equal number of representatives from the Union and Agency, usually six (6) members, three (3) from each organization, who have the authority to bargain or negotiate on behalf of their organization. Normally, composition of the teams is recommended as follows; however, the Parties can mutually agree to adjust the number and composition of their team as they see fit: 

Union  

State Representative

At-Large Representative

At-Large Representative

Agenct Team

Chief/Director of Staff or designee

Human Resources Representative

ARNG Representative

3. The Council shall meet quarterly, or more often if by mutual agreement. The meeting location will be mutually agreed upon by both Parties. Generally, the matters discussed may include, but are not limited to are: 

   a. The interpretation and application of this Agreement. 

   b. The identification and/or correction of conditions causing grievances and misunderstandings. 

   c. Prevention of accidents.

   d. Improving communications between employees and supervisors. 

   e. The encouragement of good human relations between employees and supervisors. 

   f. Maintaining employee productivity and morale. 

   g. The promotion of the Equal Employment Opportunity (EEO) Program. 

   h. The promotion of education, training, and health.

   i. The reduction of absenteeism.

   j. The improvement of working conditions.

   k. The interpretation and application of rules, regulations, and policies.

4. The Council will not consider individual grievances, complaints, or disputes. Upon completion of each meeting the Council will submit recommendations, if any, to both the Agency and the Union. 

5. Unless a Party specifically waives their right, any action proposed by the Council that would affect employee conditions of employment shall be subject to the provisions of Section 6.2 prior to implementation. 

6. The Labor Relations Specialist (LRS) or their designee will act as Secretary to the Council and will compile agenda items in preparation for committee meetings. The meeting time, location, and agenda shall be communicated to all participants no later than fifteen (15) days prior to the meeting. 

7. The Council’s primary goal is to find common-sense and mutually beneficial solutions that ensure the MI ARNG will accomplish the mission in the most effective and economic way. The meeting format shall be informal in order to allow a free and open discussion. The Parties shall also maintain official minutes of each meeting to include a record of new, tabled, and closed/resolved items. 

Section 26.5 – Pre-Decisional Involvement

1. The Parties agree to engage in pre-decisional involvement to the fullest extent practicable, regardless of whether those matters are negotiable subjects of bargaining under 5 USC § 7106(b)(1). 

2. When the Parties meet in a pre-decisional capacity, the Agency agrees to release information about the subject matter with the Union in order to allow the substantive and intelligent discussion. The release of information must be in accordance with law, but without the need for a request under Section 2.3(2). 

3. Subjects suitable for discussion under this section include, but are not limited to:

   a. Matters involving personnel policies, practices, and working conditions;

   b. Numbers, types, and grades of employees as well as methods, means and technology of work; and,

   c. Participation on labor-management committees.

4. Agreements reached during pre-decisional discussions and meetings held IAW this section may satisfy the requirements of Section 6.2.  

Section 26.6 – Requests to Meet with the Adjutant General

1. The Parties agree to maintain an “open door policy” that encourages formal and informal discussion of matters that are of mutual concern. No later than forty-five (45) days after a request is submitted, the Adjutant General or their designated representative (i.e., Chief of Staff-level or higher), shall meet with Union Representatives for a minimum of sixty (60) minutes (or less, subject dependent) to discuss subjects related to conditions of employment, working conditions, and/or the Agency’s ability to accomplish its mission. The requirements of this Section are satisfied when the Adjutant General or their designee participates in meetings held under Section 26.3, and that participation was announced a minimum of fourteen (14) days in advanced in order to allow the Union an opportunity to submit a separate agenda IAW Paragraph 2. 

2. An agenda of new, tabled, and/or closed topics to be discuss shall be included at the time a meeting request is submitted under this Section. No later than seven (7) days after a request is submitted, both parties will mutually agree on the agenda, time, and place of the meeting. Face-to-face meetings are preferred; however, the Parties can mutually agree to use teleconferencing when circumstances prevent one or several attendees from being physically present. 

3. There is no limitation or prohibition on the topics allowed to be discussed in this forum. However, when the agenda includes topics related to a Union complaint against the Agency or to an employee being represented by the Union in a matter against the Agency that is pending review, appeal, or adjudication by a third-party entity (i.e., arbitrator, hearing examiner, administrative judge, court of law, etc.), the Adjutant General may require that discussion of any such topic take place only if the Union agrees to temporarily halt the pending action (if able) in an attempt by the Parties to find an alternate resolution. If no resolution is achieved, the complaint can move forward. 

4. Union participation at these meetings will be limited to the following representatives: 

   a. Business Manager; 

   b. State Representative; 

   c. State Delegate(s); 

   d. Union’s Legal Counsel; 

   e. Subject Matter Expert(s) (SME’s) as required; and, 

   f. When a topic concerns an employee(s) complaint or appeal: 

      (1) The employee being represented by the Union; and, 

      (2) The Union Steward for the area where the employee(s) are assigned.

Section 27.1 – General

1. The Agency shall negotiate a policy that provides for the monitoring and testing of employees for alcohol and substance abuse.

Section 28.1 – General Provisions

1. No later than thirty (30) days after approval of this Agreement by DCPAS, the Agency shall implement a Telework program that complies with the Telework Enhancement Act of 2010, which requires that each Executive Agency establish and implement a policy under which employees are authorized to telework.  

DOWNLOAD FORM 

DOWNLOAD FORM

DOWNLOAD FORM

DOWNLOAD TABLE

This Agreement was executed by the Parties on June 13, 2022: 

For the Union

Ben Banchs 

Chief Negotiator

Mr. Jayme S. Andrews

Negotiator

Ms. Diane K. Ross 

Negotiator

Mr. Ian J. Skidmore 

Negotiator

Mr. James K. Sweat

Negotiator

Ms. Simone H. Turnbull 

Negotiator

Ms. Ja'net R. Vallotton

Negotiator

Mr. Ryan D. Wilson

Negotiator

For the Agency

COL Joseph A. Cognitore

Chief Negotiator

MAJ Jeremy R. Briggs

Negotiator

CW5 Todd D. Maclaren

Negotiator

CPT Robert A. McNamara

Negotiator

MAJ Steven A. Schultz

Negotiator

Ms. Jessica S. Ulrey

Negotiator

MAJ Thomas H. Vandenbosch

Negotiator