This Agreement is executed between the Army National Guard Professional Education Center (PEC), as described in Section 1.1, hereafter referred to as the “Agency,” and the Laborers International Union of North America (LIUNA), Local 1776, hereafter referred to as the “Union,” and collectively referred to as the "Parties." The Agreement is made for all non-supervisory and non-managerial employees of the PEC, hereafter referred to as “employees.”

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

   1. Promote the efficient administration of the PEC and the well-being of its employees.

   2. Provide for the highest degree of efficiency in the accomplishment of the mission of the PEC.

   3. Establish a basic understanding of personnel policy, practice, procedure, and matters affecting conditions of employment.

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

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

As a result, the Parties hereto agree as follows:

Section 1.1 – Bargaining Unit Recognition

1. In accordance with the Federal Labor Relations Authority (FLRA) Certification of Representative Case Number AT-RP-23-0007, LIUNA Local 1776 is the exclusive representative for all employees assigned to the PEC Sustainment, Installations and Environmental Operations Battalion (SIEB), Services Division Resource Management (RM) Team, and the Cyber and Information Advantage Battalion (CIAB) in North Little Rock, Arkansas.

Section 1.2 – Excluded Positions

1. Excluded from the Bargaining Units covered by this Agreement are management officials, supervisors, and employees described in 5 USC Section 7112 (b)(2), (3), (4), (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 new or established position. The Agency will notify the Union when it determines to change a given position’s bargaining unit status. Notice will be given prior to effecting that change. If the Parties are unable to resolve a dispute over whether a given position is included or excluded from the bargaining unit, the position in dispute will not be moved until agreement is reached between the Agency and Union.

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 –List of Employees

1. Upon request but not more often than quarterly, the Agency shall provide to the Union, no later than thirty (30) days after a request is submitted, and to the extent allowed by law or as otherwise required by this Agreement, an electronic list in spreadsheet format (i.e., file type .xlsx) of all bargaining and non-bargaining unit employees and containing the following separate data columns: last name, first name, employing agency (i.e., Department of the Army), email address, duty telephone number, 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. 

2. The Union will secure all lists provided under this Section 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 federal law (i.e., the United States Code); 

   b. US Government-wide regulations (i.e., the Code of Federal Regulations (CFRs)) in effect at the time this Agreement is approved; 

   c. This Agreement; and,

   d. Department of Defense (DoD), US Army, and National Guard Bureau (NGB) regulations in existence at the time this Agreement is approved that are not in conflict with this Agreement. Whenever Agency policies or regulations conflict with this Agreement, the Agreement shall govern.

2. To the greatest extent possible, any changes to federal law that affect a matter covered by this Agreement, or that result in a change to conditions of employment whether covered by this Agreement or not, shall be subject to negotiation (to the extent that the matter may be negotiable) and/or impact and implementation bargaining in accordance with (IAW) Section 6.2 prior to enforcement, unless the effective date of the law prevents such negotiation or bargaining from taking place prior to implementation. In that case, the Parties will engage in post-implementation negotiation and/or bargaining, to the extent allowed under the law, IAW Section 6.2(5). 

3. No later than thirty (30) days after approval of this Agreement by DCPAS, the Agency shall provide the Union with an electronic copy of all local-level regulations (e.g., SOP’s) as well as any 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 E.    

Section 2.2 – Distribution of Contract

1. No later than thirty (30) days after this Agreement is approved by the Defense Civilian Personnel Advisory Service (DCPAS), the Agency shall make this Agreement available at all PEC locations, buildings, or facilities where covered employees are located. 

2. The Agency shall also ensure continued and uninterrupted access to this Agreement during duty and non-duty hours via a public access internet site. Additionally, each employee-supervisor shall maintain a printed copy of this Agreement in case continued internet access is either unavailable or interrupted. 

Section 2.3 – Interpretation of Terms Within the Agreement

1. Wherever language in the Agreement refers to specific duties or responsibilities of supervisors or management 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 to supervisors and management officials and to determine which supervisors or management officials will perform the supervisory or managerial functions discussed. 

2. All other terms used within this Agreement shall have the meaning ascribed to them as per:

   a. Federal Court Decisions;

   b. United States Code (USC);

   c. Federal Labor Relations Authority (FLRA) Decisions;

   d. Code of Federal Regulations (CFR’s);

   e. Office of Personnel Management (OPM);

   f. Department of Defense (DoD);

   g. Department of the Army (DA) regulations or their equivalent; 

   h. National Guard Bureau (NGB) regulations or their equivalent; or,

   i. Blacks' Law Dictionary. 

3. 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.

Section 2.4 – 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. IAW 5 USC § 7114(b)(4), upon a written or email request of the Union but not later than thirty (30) days after a request is submitted, 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. The Agency will respond within ten (10) days as to whether the Unions request will be granted or denied, whether in full or in part, with justification. 

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 seven (7) 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

1. 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 part of the Agreement prior to distribution.

Section 3.2 – Agency Head Approval

1. DCPAS shall approve the Agreement (including supplements and amendments to) within thirty (30) days from the date the Agreement is executed by the parties, provided the Agreement is in accordance with the provisions of applicable law, rule, or regulation.

2. If DCPAS neither approves nor disapproves the Agreement within the thirty (30) day period, the Agreement shall take effect and be binding on the Agency and the Labor Organization on the thirty-first (31st) day, subject to provisions of applicable law, rule, or regulation. In the event that a particular article, or section of an article, is not approved by DCPAS, the remainder of the Agreement shall take effect as provided by law. The article or section of articles, not approved by DCPAS shall later be incorporated into the contract after negotiations or appropriate remedies are reached by the parties, and subsequent approval by DCPAS is granted.

Section 3.3 – Agreement Duration

1. 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, by mutual consent, for the duration of the Agreement term.

2. If the respondent Party agrees to amend or supplement the Agreement, the requesting Party shall submit their proposal in writing, setting forth the proposed change to the Agreement.

3. If agreement is reached, approval of an amendment or supplement shall be accomplished IAW Section 3.2.

Section 3.5 – Negotiating a New Agreement

1. Either Party may request to negotiate a new Agreement after service of notice upon the other no earlier than one hundred and five days (105) nor later than sixty (60) days prior to the termination of the current Agreement term.

Section 3.6 – Renewal of Agreement

1. Failure on behalf of either Party to request negotiations within the window specified in Section 3.5 will allow the Agreement to be automatically renewed for a period of one (1) year to take effect immediately following the expiration of the initial three (3) year term and will be renewed for one (1) year each year thereafter absent such a request.

Section 3.7 – Termination of Agreement

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

Section 4.1 – Retained Rights

1. The Agency retains the right, in accordance with Title 5 USC, Section 7106(a) to determine the mission, budget, organization, number of employees, internal security practices of the Agency, and in accordance with 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’s mission during emergencies.

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

   a. IAW EO 14003, the agency elects to negotiate over the subjects set forth in 5 USC 7106(b)(1); 

   b. The procedures which management officials of the Agency will observe in exercising any authority under this Section; or

   c. The appropriate arrangements for employees adversely affected by the exercise of any authority under this Section by such management officials.

Section 4.2 – Emergency Considerations

1. When an emergency requires changes to conditions of employment for a period of more than twenty-four (24) hours during any thirty (30) day period, 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 which will be affected; and, 

   d. An estimate of how long changes are expected to remain in place before reverting to pre-emergency operations. Changes expected to last 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 email message) notice to the Union as the emergency situation permits, but not later than twenty-four (24) hours after changes have been implemented.  

Section 5.1 – Awareness

1. The Agency and the Union will ensure:

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

   b. Employees are notified of the Agreement and how it applies to their employment with the Agency during initial in processing and annually thereafter (See Appendix G).

2. The Agency may conduct surveys of employees as an information gathering process provided the survey is anonymous and voluntary. This includes climate surveys or assessments. The Union will be provided with a copy of results for each PEC Battalion and/or Work Section covered by this Agreement, upon request. Surveys which are mandatory and or not anonymous are subject to the requirements of Sections 6.2 and 6.3. 

3. In order to determine best practices, improve Agency efficiency, and determine areas for improvement, the Parties agree that an annual climate survey of employees may be conducted. The survey shall be conducted each calendar year and should allow for a minimum of two (2) weeks’ response time. Parameters shall be established and agreed-to jointly by the Parties prior to deployment of the survey. Results shall be provided to the Union for review, discussion, and possible action.     

4. The Agency will make available to employees information regarding their career program. 

Section 5.2 – Miscellaneous Requirements

1. The Agency is obligated, on an annual basis, to brief employees on the rules, regulations, policies, Equal Employment Opportunity and Sexual Harassment provisions, Workplace Violence Prevention Program, and Standards of Conduct which govern their employment. These reviews will be recorded IAW Appendix G. Barring emergencies, these reviews are mandatory and cannot be waived for any reason. 

2. Employees must be briefed on their performance plan and progress review on an annual basis. This may be accomplished either as a group or individually and must be annotated on the Employee’s Work Folder (or equivalent) as maintained by their supervisor.

3. Upon request, employees will be allowed a reasonable amount of time during their duty day to access personnel records maintained by the Agency, including but not limited to:

   a. Employee Work Folder (or equivalent) as maintained by their supervisor;

   b. Electronic Official Personnel Folder (eOPF); 

   c. All other personnel records maintained by the Agency (i.e., medical, disability, etc.) directly related to the individual’s employment with the Agency; and,

   d. Any video or audio recordings maintained by the Agency IAW Section 5.7(3).

4. An employee’s request or desire to review and/or print an Agency personnel record/file shall not be denied, except that an employee’s request to review their records/files cannot interfere with the accomplishment of assigned duties. The Agency cannot require that an employee review their record/file during their break or non-duty hours. If the request cannot be accommodated due to mission requirements, the employee will be informed of the earliest possible time when they will be able to review their records/files. The employee shall be available for call back due to mission requirements. 

5. As used in this Section, a reasonable amount of time shall be whatever time the employee needs to review the specific record/file requested under the circumstances (e.g., an employee conducting a periodic review of their records/files may not need as much time as one who is preparing to submit an application for a vacancy IAW Article 15).  

Section 5.3 – Conduct and Right to Privacy

1. Employees have a right to conduct their private life as they see fit, both during duty and non-duty hours, and to engage in legal activities of their own choosing, including outside employment during non-duty hours, without any requirement to report said activity to the Agency, except as required by federal law. However, an employee’s activities, behavior, and/or statements, to include on or posted/uploaded to or through an internet site or forum, platform, or social media application may be subject to monitoring by the Agency and could become the basis for administrative action if nexus is established between the activity, behavior, or statements and the employee’s affiliation with the US Government, to include actions or statements in support of overthrowing said government.   

2. Except for limitations allowed during a period of stand-by or on-call IAW Section 8.6, the Agency cannot place restrictions on an employee’s rights, movements, or ability to engage in legal activities, including but not limited to:

   a. Any right guaranteed under federal, state, or local law to include their freedom of speech, assembly, religion, to own firearms, or their right to petition the government;

   b. Their ability to patronize a legal business or retail establishment;

   c. Their ability to operate or participate in a business, for profit or otherwise;

   d. Their ability to travel for leisure or for any other reason;

   e. Their ability to participate in the political process IAW the Hatch Act; or,

   f. Their ability to use or access the internet, including a personal social media account, on a personally owned computer or other type of electronic device, unless being accessed through an Agency-provided network.  

3. Except during periods of stand-by or on-call IAW Section 8.6, an employee is under no obligation to respond to a request or contact-attempt by the Agency during non-duty hours, and they are also under no general requirement to report their off-duty activity.

4. Employees shall not accept a fee, compensation, gift, payment or expense, or any other item of monetary value in circumstances for which the acceptance may result in or create the appearance of a conflict of interest. 

5. 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.

6. The Agency will not coerce or in any manner require employees to invest their money, donate to charity, join clubs or fraternal organizations, or participate in activities, meetings or undertakings not related to their performance of official duties and especially as a condition of employment or in exchange for or as a condition of an award or for advancement or promotion.

Section 5.4 – Searches of Personal and Government Property

1. A search or inspection of work areas must be reasonable in scope, balancing an employee’s expectation of privacy against the Agency’s need to supervise and operate the workplace. Pursuant to an investigation, an Agency-directed search or inspection shall be conducted in accordance with applicable Government-wide regulations in place at the time this Agreement goes into effect. The requirements of this Section apply to searches or inspections affecting one or more bargaining unit employees. 

2. As used in this Section, the terms search and inspection are interchangeable and apply to searches or inspections, whether visual, physical, or electronic of an employee as well as their personal property or government-issued property in their possession or custody at the time of the search or inspection. This includes but is not limited to:

   a. Visual and/or physical searches to include pat-down searches or inspections of an employee’s body or body cavities. It also includes but is not limited to searches of clothing/apparel/footwear (whether it is currently being worn by the employee or not), vehicles (except in situations covered by Paragraph 3), physical storage containers (e.g., book bags, suitcases, briefcases, hardened cases, etc.), storage lockers, etc.; and, 

   b. Physical or electronic search or inspection of cell/smart phones, computers, or other electronic communication or storage devices. 

3. This Section does not apply to:

   a. Vehicle inspections conducted at established entry control points (i.e., gate inspections); 

   b. Scheduled or periodic inspections of government property or equipment required by governing regulations and/or conducted by authorized local, state, or federal agencies with oversight or responsibility over such inspections. These include but are not limited to workplace inspections required by DoD or US Army regulations (e.g., COMET, UCI, or CLRT inspections), workplace safety inspections conducted by OSHA, and compliance inspections conducted by local agencies like the state fire marshal; and, 

   c. Searches or inspections conducted by another Agency. 

4. An employee has a right to:

   a. Be present during any search or inspection of their personal property or of government-issued property in their possession or custody; 

   b. Have a Union representative present prior to and during any search or inspection; and,

   c. Refuse a request to search, inspect, or seize their personal property unless the search, inspection, or seizure is pursuant to a written order issued by competent authority. This includes the right to refuse to provide passwords or other credentials used to secure personally owned electronic devices. 

5. An employee does not have a right to be present when a search/inspection of personal or government-issued property in their possession or custody is conducted under the following circumstances. However, the requirements of Paragraph 8 shall be observed:

   a. Seized into evidence pursuant to an order and the search or inspection can only be accomplished at a location other than where the property was initially confiscated due to the technical or scientific nature of the search or inspection methods employed (i.e., forensic-type inspection or testing); or,

   b. When a search takes place in a restricted/secure area such as a COMSEC vault or any other type of room or facility where entry is normally restricted per governing regulations and where the employee or their Union representative does not already have the authority to enter.  

6. An employee’s right to be present and/or their right to have a Union representative present shall not unduly delay or impede a search or inspection. The mere fact that the employee or their Union representative is physically present in the general area where a search or inspection is taking place will not be considered an impediment. The employee and/or their Union representative shall be allowed within a close enough proximity that they are able to substantively observe the actions of the individual(s) conducting the search, to include the ability to discern and/or identify the types of items being searched or inspected including their contents (as applicable). 

7. Prior to any search or inspection IAW this Section, the Agency shall make an affirmative attempt to make positive contact with the employee to let them know that a search is pending and to notify them of their rights IAW this Agreement. When an employee is incapacitated and unable to either be present or appoint a representative, the Agency shall contact the employee’s spouse, next of kin, or other individual with the legal authority to act on behalf of the employee and exercise the rights contained herein on their behalf. The employee’s rights include, but are not limited to:

   a. Notice of whether the search or inspection is pursuant to an administrative or criminal investigation and whether it is supported by a written order. When supported by an order:

      (1) Providing the employee with a physical copy of the order authorizing the search or inspection. If the employee is not present, the order can be served electronically; and,

      (2) Allowing a reasonable amount of time for the employee to review the order and seek clarification regarding the content and scope of the search. 

   b. If the search is not supported by an order, notify the employee that absent a written order they do not have to consent to the search or inspection of personal property.

   c. If supported by a written order or if the employee consents:

      (1) Determine whether the employee wishes to be present during the search or inspection; and,

      (2) Determine whether the employee wishes to have a Union representative present during the search or inspection. 

8. A search or inspection authorized by an order may be conducted outside of the presence of an employee when the Agency exhausts all reasonable attempts to make positive contact. In this case, the Agency shall notify the Union of the pending search and allow them the opportunity to be present regardless of whether it was requested by the employee and as long as that presence does not impede the investigation. The Agency will document the date, time, and reasons for said search and provide the employee and/or the Union with a copy of this documentation within twenty-four (24) hours of conducting the search, to include an inventory of any items seized/confiscated and a point of contact for the investigation and any items seized/confiscated. In so far as a search or inspection of a personally owned electronic device is concerned, the Agency shall provide the employee with a summary of all files or items accessed, downloaded, or reviewed while the item was in the Agency’s custody.

9. Searches should normally be conducted by individuals professionally trained in the collection of evidence, such as law enforcement personnel. When trained personnel are not readily available, it is recommended that the suspected item(s) or area(s) be sealed by the Agency pending the arrival of such trained personnel in order to prevent tampering or mishandling of evidence. However, it is the Agency’s right to conduct their investigation as they see fit. 

10. When a search or inspection of the work area is conducted as a result of an emergency (e.g., search for a lost tool that causes the grounding of aircraft) or due to surreptitious activity (e.g., a bomb threat or other security incident), the Agency is not required to give employees notification of an impending search nor does an employee have a right to be present during the search if such notice or presence hinders the Agency’s ability to respond.

Section 5.5 – Representation

1. Employees have a basic right to representation in matters regarding conditions of employment, working conditions, and in matters that could have an adverse impact or effect on their employment, such as disciplinary actions. The Union, or the Union’s designated representative, is the sole exclusive representative of bargaining unit employees concerning workplace matters. Employees have a right to either represent themselves or retain third party representation in certain matters and processes not covered by this Agreement (e.g., MSPB appeals). 

2. The Agency will 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; and,

      (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. 

3. When an employee requests Union representation concerning a covered workplace 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 cannot communicate 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, such designation will be formalized in writing by the employee at a later date. There is no specific format for conveying such a designation. 

5. When an employee requests a Union representative the Agency shall immediately notify the PEC Employee Union Representative and the LIUNA Local 1776 Business Manager. The Union will then provide the Agency with the contact information of who will be appointed as the employee’s representative. The Union is the only entity that can appoint a representative(s) to act on their behalf or on behalf of an employee. The Union also has the right to determine who will attend or be present on their behalf during any meeting or conference held pursuant to a request for representation by an employee. In the same way that the Union cannot interfere with the Agency’s right to determine their internal practices, the Agency cannot interfere with the Union’s right to assign a representative(s) on their behalf, or place limits on who can be present at a meeting or conference on behalf of the Union. 

6. While it is preferred that a representative(s) be physically present in the room with the employee, there are times when a representative may only be able to attend via telephone. Whenever a Union representative attends via telephone, it is important that the representative be able to clearly communicate with all parties involved, especially the employee, to provide adequate representation. This includes having access to, or being provided with copies of, all documents being presented to the employee during the interview. Whenever technical difficulties prevent the Union from providing adequate representation, and/or whenever the Union does not have copies of all documents being presented, the meeting cannot continue until proper teleconference capabilities are secured and/or the Union has been provided all relevant documents. Delaying a meeting for the purposes of securing teleconference capabilities and/or documents under this Paragraph will not be considered an undue delay for the purposes of Section 13.2(2). 

Section 5.6 – Right to Organize and Discuss Matters of Concern

1. Each employee shall have the right to form, join or assist the Union, or to refrain from any such activity, freely and without fear of penalty or reprisal.

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 for the payment of dues through payroll deductions IAW 5 USC §7115.

3. An 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 Union membership, 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 5.7 – Employee Treatment

1. Employees have a right to be treated with the common courtesy, respect, and consideration customary of any employer-employee relationship. Agency representatives will not threaten, intimidate, or retaliate against employees or use abusive or vulgar language in dealing with employees at any time. Employees, as well, will treat Agency representatives with common courtesy and respect and will not use abusive or vulgar language in their mutual dealings.

2. Employee discipline should be conducted privately in a manner that provides confidentiality and allows for professional feedback to the employee. No employee shall be asked or directed to make a public statement or disclosure regarding any matter which concerns personal discipline. The Agency will also not discuss or reveal pending or final administrative actions regarding an employee, including discipline, with individuals that do not have a need to know. 

3. Except as provided in Section 13.2(4), the Agency may not audio and/or video record an employee without their knowledge. The Agency must notify employees, either by the posting of conspicuous signs or by providing individual written notice to employees on an annual basis, whether their movements, activities, or conversations at work are being recorded. Upon request and justification, employees shall have the right to review any video or audio recordings of themselves maintained by the Agency IAW Section 5.2(3)(d).  

4. The Agency shall provide employees with the ability to securely store their personal belongings while at work. This includes secure work facilities that prevent access to unauthorized persons and vehicle parking areas that are lighted and monitored for safety. An employee who is on duty, and whose personal property is damaged, irretrievably lost, or destroyed as a result of the Agency’s failure to comply with this Paragraph shall be entitled to reimbursement IAW the applicable law and regulations governing the tenant facility. 

5. 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 an order that is unlawful or contrary to rule or regulation will not subject the employee to disciplinary or adverse action. 

6. The Agency, in consultation with the Union, agrees to establish a New Employee Sponsorship Program NLT sixty (60) days after this Agreement is approved by DCPAS. 

Section 5.8 – Requests for Hardship Reassignment

1. Assignment/reassignment is a management right; however, an employee may request, individually or through their supervisor, that the Agency reassign them to a different position and or work location as a result of a personal hardship. The request shall be submitted in writing, and must include an explanation of the hardship, how the reassignment would alleviate the hardship, and whether the reassignment would be temporary or permanent. The Agency shall provide a written response within a reasonable amount of time, normally within thirty (30) days, indicating approval or disapproval of the request and stating whether they believe a hardship exists or not. 

Section 5.9 – Voluntary Actions

1. An Employee may resign for any reason, at any time. When an employee resigns from their position in lieu of pending disciplinary action, the Agency shall not make mention of said pending disciplinary action in any official document or record, provided the employee resigned prior to the Agency issuing their final decision.

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) consecutive 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 termination IAW Agency regulations. However, prior to termination, the Agency must make a deliberate attempt to contact the employee using all reasonable current modes of accepted communication, including telephone, text message, social media messaging, 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 appropriately trained personnel (especially if there may be reason to believe the employee may be in need of medical help), or by mailed letter using a delivery-receipt confirmation service directing them to return to duty before the personnel action is processed.

Section 5.10 – Dress Code and Appearance 

1. There is no specific uniform, clothing material, or style of dress required for employees. However, employees are expected to maintain a neat and professional appearance during duty hours. Clothing that is disruptive to the work environment (i.e., loose, torn, soiled, or that presents a safety/health hazard to others) is not allowed. 

2. Personnel will generally wear business casual attire and footwear that is compatible with their assigned position. Female employees are also authorized to wear sleeveless tops and open-toed shoes and apparel as long as they comply with the restrictions in Paragraph 5 (below). When the Agency requires that an employee wear a specific item of attire as a condition of employment, they will be eligible to receive a uniform allowance. Denim pants and athletic footwear are authorized. Slacks/denim should be ankle length, of solid color, not faded or torn, and wrinkle-free. Employees in a TDY status attending a function at or visiting higher headquarters (e.g., NGB) may be required to wear attire that would be considered more formal than what is normally allowed at their assigned duty station. 

3. Preferences regarding hairstyle and facial hair are a matter of individual concern, however employees must still take into consideration the requirement to present a clean, neat, and professional appearance. The wearing of jewelry is a gender-neutral issue. Visible tattoos must not contain offensive writing or emblems, racists symbols, depictions of explicit sexual activity, or advocate violence. 

4. An employee whose dress and/or appearance does not comply with this Section may be asked to change their clothing in order to remain at the worksite and may be charged leave if the time needed to change clothing will exceed the time allowed in Section 11.10. Repeated dress code violations may result in disciplinary action.  

5. The following clothing items and/or accessories are prohibited:

   a. Rubber flip-flops (a.k.a. shower shoes), beach sandals, foam, rubber, and/or clog-style shoes;

   b. Tank-tops and/or t-shirts; 

   c. Visible face or body piercings that present a safety hazard or that prevent the employee from performing their assigned duties;

   d. Revealing clothing (e.g., mid-drifts, high-cut shorts or skirts, low-cut or see-through shirts, tattered or ripped clothing, low hanging pants);

   e. When wearing leggings, shirts and dresses must be long enough (both front and back) to extend just above the knee area;

   f. Clothing with offensive writing, emblems, or symbols that are racist, sexually explicit, advocate violence, or political in nature (i.e., campaign pins, buttons, hats, etc.); and/or, 

   g. Clothing with names, slogans, or advertisements for alcohol or tobacco.

6.  In accordance with Title VII of the Civil Rights Act, 42 U.S.C. §2000e, exceptions for religious reasons will be made. Reasonable accommodation for medical needs will also be made. The Agency may not discriminate or enforce clothing standards based upon gender, age, cultural differences, or difference based solely on individual taste or opinion. 

7. Questions as to whether a particular clothing item or shoe is acceptable should be directed to the immediate supervisor. 

Section 5.11 – Personal Electronic Devices 

1. Employees shall be allowed to possess and use personal electronic devices (i.e., cell phones, smart phones, laptops, tablets, iPods, etc.) during duty hours. The use of personal electronic 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 duties will not be allowed and may result in disciplinary action.

2. Use of personal electronic 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 electronic devices is specifically prohibited by governing regulations pursuant to national security concerns. 

   b. While operating government vehicles of any type. However, employees operating GSA passenger vehicles for official travel purposes can use hands-free features that may be available as provided by the vehicle manufacturer. 

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

3. The Agency may not confiscate nor request that an employee surrender or allow examination of the contents of a personal communication device except during a bona fide investigation. When the Agency seeks to confiscate or examine an employee’s personal communication device pursuant to an investigation, the provisions of Sections 5.4, 5.5, and 13.2 will apply.      

Section 5.12 – Conditions of Employment

1. When an employee can no longer meet a condition of employment for reasons other than cause, the Agency may take one of the following actions:

   a. If the situation is of a temporary nature the Agency can:

      (1) Grant the employee an exception to policy;

      (2) Modify the employee’s duties to account for the portion they are not able to temporarily fulfill, thus allowing the employee to remain in his/her position;

      (3) Temporarily detail or reassign the employee to a different position. Details or reassignments to a higher-graded position cannot exceed one-hundred and twenty (120) days; or,

      (4) Place the employee on administrative leave.

   b. If the situation is permanent, the Agency can:

      (1) Permanently reassign the employee to a different position if one is available and the employee meets the qualifications. Employees reassigned to a lower-graded position shall be entitled to pay retention. The Agency can opt to temporarily detail or reassign the employee IAW Paragraph 1(a)(2) pending permanent disposition. 

      (2) Terminate the employee. This should be considered as a last resort and the Agency should exhaust all other options before terminating an employee to include non-competitive appointment if they are qualified for another position. 

2. Absent cause, the Agency cannot arbitrarily suspend, curtail, revoke, or restrict an employee’s ability to fulfill a condition of employment especially if the employee is ready, willing, and able to perform their assigned duties and would otherwise be able to fulfill the condition(s) of employment were it not for the Agency’s action. This includes an employee’s ability to enter government property and/or be present at the worksite, or to operate government-owned vehicles. 

3. An employee whose position requires a security clearance, whose access to classified information has been suspended pending adjudication, who is in the process of pursuing an appeal, and who is awaiting a final decision from the Combined Adjudication Facility (CAF) is considered to be temporarily unable to meet a condition of employment IAW Paragraph 1(a).  

4. Employees facing administrative actions under this Section shall be entitled to all pay, benefits, and protections afforded to them under federal law, rule, regulation, and this Agreement. 

Section 5.13 – Employee Identification

1. All employees are authorized to have a Department of Defense Identification Card with “Civilian” indicated under the appropriate employment Agency (i.e., US Army). The Identification Card will be issued within thirty (30) days of the employee’s request.

Section 5.14 – Employee Trial and/or Probationary Periods

1. Employee’s shall serve a required trial and/or probationary period IAW Federal laws and regulations that govern their employee category (e.g., Competitive, Excepted, etc.). Any such trial and/or probationary period shall be calculated to ensure that employees receive credit for all prior qualifying service that may impact and/or reduce their trial and/or probationary period, and that any other considerations that impact a trial and/or probationary period (e.g., Veteran’s Preference) are included in that calculation.   

2. An employee required to serve a trial and/or probationary period shall be informed of such requirement, and the duration of such a period, at the time of they are selected for appointment, to include how said probationary and/or trial period impacts their rights as an employee. 

Section 6.1 – Recognition and Representation

1. The Union is the exclusive representative of all bargaining unit employees and has a right to be represented in negotiations, formal discussions, and meetings between employees and the Agency that concern conditions of employment, grievances, personnel policies and practices, or any other matter affecting general working conditions regardless of whether employees desire Union representation, to include during meetings conducted for the purpose of alternative dispute resolution (ADR) such as mediation.  

2. The right to meet and confer will apply to all levels of management within PEC and within the Union, starting with the Union Steward (if one is assigned) and the first level supervisor. It is the intent of the Parties to meet and confer at the lowest level for problem resolution. If the Parties at the initial point of contact feel resolution of a matter is outside their jurisdiction, the matter will be referred to a higher level. This includes Agency sponsored Committees/Meetings dealing with the subjects herein. 

3. The Union’s right to be represented does not extend to informal discussions between an employee and the Agency. 

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

5. The Union’s primary point of contact for all matters is the designated PEC Employee Representative, or any other representative appointed by the Union. The PEC Employee Representative or designee 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.

6. 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.

7. 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.

8. The Union, in consonance with its right to represent employees, may propose new policy, changes in policy, or resolutions to issues, involving conditions of employment or working conditions not covered by this Agreement. When the Union submits a proposal to the Agency IAW this Paragraph, the Parties have a duty to negotiate (to the extent that the subject is negotiable) and/or bargain the impact/implementation of said proposal IAW Section 6.3.

Section 6.2 – Conditions of Employment not Covered by this Agreement 

1. Except in situations arising out of Section 4.2, the Agency shall negotiate (to the extent that the subject is negotiable) and/or engage in impact/implementation bargaining with the Union prior to implementing, modifying, or cancelling any personnel policy or procedure that affects conditions of employment and or working conditions not covered by this Agreement, regardless of the number of employees affected. In other words, even if the change affects a single employee, the Agency has a duty to comply with this Section. 

2. The Union will be provided a written notice of proposed changes sixty (60) days prior to the desired date of implementation. The notice shall be the Agency’s finalized plan-of-action, and 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. Justification for the proposal (why is it necessary); and,

   c. If known, what the immediate and long-term impact will be on employees.

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. Once the Union submits a timely request under this Section, the proposed change, if subject to negotiations and/or bargaining, cannot be implemented until negotiations and/or bargaining have been completed IAW Section 6.3. Notices that do not comply with the requirements of Paragraph 2 are not actionable and may be rejected outright by the Union.

4. Agency representatives may not formally discuss with employees a change to conditions of employment until the Agency and the Union have completed the requirements of this Section. Any communication between Agency representatives and employees prior to completion of negotiations and/or impact/implementation bargaining, regardless of the medium used (i.e., whether it’s communicated in person/verbally, in printed/written form, electronically, or by using a voice-recorded or video message), about a pending action covered by this Section must be agreed to by the Union before release.

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, regardless of whether the subject is covered by this Agreement, or not:

   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. Official time for Union representatives shall be approved IAW Section 6.7. 

   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 – 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. When there is a contradiction, Federal Law, Government Wide regulations, and this Agreement take precedence over Past Practice and tradition. 

2. Neither Party may unilaterally terminate an established Past Practice without providing notice and an opportunity to bargain IAW Section 6.2. It is the burden of the Party claiming the Past Practice to prove its elements.

3. When a Past Practice is determined to be contrary to Federal law, the practice must be stopped immediately. The Parties shall meet to bargain over the impact and implementation of the change.

Section 6.5 – Unfair Labor Practices (ULP)

1. The Parties agree that prior to 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 attempt to resolve a suspected ULP. The meeting will be an informal attempt to resolve the matter(s) in dispute. If the charged Party fails to respond to the meeting request within the timeline specified in Section 2.4(3), the charging Party may proceed with the ULP. 

2. When the Parties do meet in an attempt to resolve the dispute, 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 formal ULP charge.

3. ULPs filed using the negotiated grievance procedure (NGP) IAW Article 12 shall be bound by the timelines contained therein.

Section 6.6 – Steward Program

1. The appointment and management of Union Stewards is an internal Union matter. 

2. Stewards shall be allowed a reasonable amount of Official Time IAW Section 6.7. 

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 6.7 – Official Time and Travel of Union Representatives

1. Union Representatives shall request Official Time through their immediate supervisor who shall forward the request through the appropriate NGB PEC channels for approval. The initial request will also be sent (carbon copied) to Local 1776 Business Manager for situational awareness. Approval must be secured prior to a Union Representative being excused from work. Failure to secure approval could result in the employee being deemed absent without leave (AWOL) and could result in disciplinary action.

2. Official time may be requested in writing, preferably via email, using the REQUEST/APPROVAL/USAGE OF OFFICIAL TIME form located in Appendix D. If the request cannot be accommodated due to work 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 during duty hours due to work requirements.

3. Official Time may be used for:

   a. Grievances: Include time investigating and processing grievances under the LMA to include arbitration when applicable; 

   b. Formal Discussions and Weingarten: Time involved in attending formal discussions and investigative examinations with employees;

   c. Negotiations Table Time: Actual time spent at the bargaining table for mid-term negotiations. Include formal negotiations over a proposed change in activity policy, informal negotiations, and impact and implementation bargaining;

   d. Negotiations Preparation Time: Time spent preparing and developing proposals for above mid-term bargaining subjects;

   e. ULP Proceedings: Time spent preparing, processing, or participating in a ULP;

   f. Training; and,

   g. Other: All other official representation events including but not limited to Union/Management briefings, Safety meetings or Labor/Management committee meetings.

4. Whenever an employee formally 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. Supervisors may inquire as to the general purpose of the request (e.g., to discuss a new policy or other condition of employment) but may not require specific subject-matter knowledge of the purpose of the meeting and 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).

5. The mere fact that two employees (one of whom is a designated Union Representative) are having a casual/informal conversation during the course of the workday, and the topic of some or all of the conversation relates to conditions of employment or other general labor matters, does not create an implicit requirement that the Union Representative request approval for Official Time as a condition of such a conversation taking place.

6. 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 Union Representative’s commuting area, the Agency shall be responsible for travel costs IAW Department of Defense (DoD) Joint Travel Regulations (JTR).

7. 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, 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, medical provider, 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. 

   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 personal leave to rest and/or prepare for work 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 shall be charged to personal leave and may become the basis for disciplinary action. 

Section 6.8 – Access to Facilities

1. 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 Human Capital Management – Civilian Management Branch-Labor Management Employee Relations (HCM-CMB-LMER). Once approved, the HCM-CMB-LMER shall notify the affected facility of the Union’s pending visit date and time. 

2. 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 HCM-CMB-LMER 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 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. The Agency will be responsible for making the Union whole for dues not collected as a result of an administrative delay or error, unless that delay or error is caused by reasons beyond the Agency’s control.   

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 a properly completed SF 1188 Cancellation of Payroll Deduction for Labor Organization Dues form directly to the Agency. By statute, dues allotments must be made for no less than one year.

6. 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 Workdays

1. The basic work schedule observed by employees shall be 5/8’s as follows: 

   a. Five (5) consecutive eight (8) hour days within a seven (7) day workweek. This schedule includes up to a one (1) hour unpaid lunch period. 

   b. Core Duty Hours. All personnel, regardless of approved work schedule option, must be present for duty during core hours established as 0900-1500.

   c. Work is normally scheduled Monday through Friday, with Saturday and Sunday being non-duty days. 

2. Employees may request one of the work schedule options below as long as the requested hours of work do not have a negative impact on the Agency’s ability to accomplish the mission:

   a. 5/8 Schedule Variations:

      (1) Thirty (30) Minute Lunch Option:

         i. 0700-1530

         ii. 0730-1600

         iii. 0800-1630

      (2) One (1) Hour Lunch Option:

         i. 0700-1600

         ii. 0730-1630

         iii. 0800-1700

   b. Alternate Work Schedule Options. All employees, including instructors who are not actively in or scheduled to be in class (including TDY), can request to work an Alternate Work Schedule (AWS), as provided below:

      (1) 4/10’s: Ten (10) hours for four (4) days per week; provides every Monday or Friday off in addition to Saturday and Sunday:

         i. 0600-1630, either Monday or Friday off, thirty (30) minute lunch.

         ii. 0600-1700, either Monday or Friday off, one (1) hour lunch.

         iii. 0700-1730, either Monday or Friday off, thirty (30) minute lunch.

         iv. 0700-1800, either Monday or Friday off, one (1) hour lunch.

      (2) 5/4/9’s: Nine (9) hours for eight (8) days and eight (8) hours for one (1) day, with one (1) additional scheduled day-off per pay period in addition to Saturday and Sunday:   

         i. 0600-1530, every other Monday or Friday off, thirty (30) minute lunch.

         ii. 0600-1600, every other Monday or Friday off, one (1) hour lunch.

         iii. 0700-1630, every other Monday or Friday off, thirty (30) minute lunch.

         iv. 0700-1700, every other Monday or Friday off, one (1) hour lunch.  

3. An employee’s request for a particular work schedule will be submitted to the Agency through their immediate supervisor a minimum of sixty (60) days prior to the effective date of the request. The employee’s request should identify the effective pay period(s) covered. The Agency shall provide their approval or disapproval no later than fifteen (15) days after receipt. If disapproved, the Agency shall provide justification. If the request is approved, the Agency will notify the employee what pay period the request will become effective. The effective pay period start date may be adjusted to begin sooner than the effective date which was originally requested by the employee.  

4. Once approved, an employee’s work schedule shall not be changed, except when the Agency determines that the mission will be negatively impacted. The Agency may also discontinue an individual’s AWS due to substantiated performance deficiencies or misconduct. When the Agency determines that an employee’s schedule needs to be changed or adjusted, either temporarily or permanently, the employee will be provided notice of a minimum of fifteen (15) days in advanced, to include justification. If an employee’s AWS is cancelled due to performance or misconduct, it does not prevent their ability to request AWS at a future date.

5. Upon an employee’s request, and on a case-by-case basis, variations to the daily start time of an individual’s approved work schedule may be granted as long as the employee is present during core hours and the requested hours of work do not have a negative impact on the Agency’s ability to accomplish the mission. An employee’s request to vary their start time will be submitted to the immediate supervisor as soon as possible, but no later than twenty-four (24) hours prior to the effective time of the requested adjustment. 

6. An employee’s request to work a particular work schedule and or adjust their start time 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.).  

7. Paragraphs 1-3 notwithstanding, any changes to the work schedule policy as contained herein, regardless of whether all or a portion of the bargaining unit is affected, must be negotiated with the Union IAW Section 6.2 prior to implementation. Changes due to emergencies will be accomplished IAW Section 4.2.

Section 8.2 – Reporting for Duty

1. Employees have a responsibility to report to work ready, willing, able, and in proper attire promptly at the beginning of their scheduled work period. 

2. Except in the case of an emergency, employees will make every effort to notify their immediate supervisor, preferably prior to the start of their duty day, of the conditions that may, will, or has prevented them from reporting to work on time. If the employee is incapacitated and/or physically unable to initiate contact, then the Agency may accept tardiness or absence notice from an employee's next of kin.

3. When an employee cannot establish positive verbal 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. Except in cases of emergencies, co-workers cannot be used to relay information concerning tardiness or absence.

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

5. Tardiness and absences from duty of less than one (1) hour may be excused when the reasons are justified to the supervisor. Justifiable reasons are events which are beyond the employees’ control such as abnormal traffic congestion, severe weather, or any other type of event that cannot be predicted.

6. Unexcused tardiness or absence of any duration may be charged as absence without leave (AWOL). Prior to making a determination that a tardiness or absence is unexcused, supervisors will discuss with the employee to ascertain all the facts surrounding the tardiness or absence to ensure that the employee’s tardiness absence is not allowed by this Agreement, Agency regulation, and/or Federal law or regulation. Supervisors will notify employees in writing (email is acceptable) of their determination that a tardiness or absence has been deemed AWOL, that they will not receive pay for the period covered, that the absence may become the basis for disciplinary action, prior to entering the AWOL period into the Agency’s payroll system. An employee cannot be permitted or required to work during any period charged to leave or coded as AWOL. 

7. All duties performed by an employee that are directly connected with the performance of his/her assigned position, including those duties deemed “other” in nature, are considered part of an employee’s job requirements, or job duties, within the established hours of work.

8. An employee cannot volunteer or be required, compelled, or forced to perform his/her job duties without appropriate compensation, to include performing overtime work. Employees are also not permitted and cannot be required to work during any period for which leave is charged.

9. Emergency duty or unscheduled overtime requirements shall not cause an employee or their family financial harm or disruption. Employees who are off duty shall be granted a reasonable amount of time to make arrangements for themselves and their dependents (if applicable), to include for return travel when on vacation, prior to reporting for duty. If an order to report for duty requires an employee to forfeit monies already paid to vacation or travel providers or to expend personal funds to secure travel or other services that the employee would not have otherwise spent, the employee shall be reimbursed for expenses incurred IAW DoD JTR. 

Section 8.3 – Lunch Periods and Breaks

1. A lunch period is a time during which an employee is entirely free from his work responsibilities. During this time, an employee is considered to be off duty. The lunch period should normally be scheduled at the same time each day and will not exceed one (1) hour in duration. Lunch periods will be scheduled not earlier than four (4) hours, but not later than six (6) hours after the start of the shift.

2. When Agency mission requirements prevent an employee from having an uninterrupted lunch IAW Paragraph 1 (above), the employee will be compensated for his/her missed lunch period with an amount of Compensatory Time equal to the missed lunch period. 

3. Breaks shall be provided as follows:

   a. All employees, to include instructors who are not in class session, may be provided fifteen (15) minute rest periods or breaks, during the first half and the second half of an employee’s shift, will be granted. Rest breaks will not be deliberately scheduled immediately prior to or after lunch (as a way to extend the meal period), or at the beginning or end of the shift (as a way to shorten the workday). When assigned overtime, an employee may, upon request, be granted a fifteen (15) minute paid break at the beginning of the overtime period and, at the employee’s request, a thirty (30) minute non-paid meal break to begin no later than two (2) hours after the overtime period begins.

   b. Instructors who are in class session will adhere to the approved training schedule, to include lunch periods and breaks.

4. Upon request, or at the direction of a supervisor, an employee may be authorized additional rest periods of a short duration when such periods are deemed beneficial and/or necessary. Additional rest periods are appropriate in the following situations:

   a. To provide relief from extreme temperature, hazardous work, confined or restricted spaces, or from work that requires continual and/or considerable physical exertion.

   b. To reduce the potential for accidents due to fatigue.

Section 8.4 – Overtime Work

1. The Parties, in consonance 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 for overtime work IAW applicable law and this Agreement regardless of whether the work is performed on a voluntary basis, or as directed (involuntary) by the Agency in order to support the Agency's mission. 

2. Overtime is any work-related activity to include travel, whether scheduled or unscheduled, physical, or electronic, that an employee accomplishes or participates in at the request of the Agency, including mandatory meetings or events scheduled and/or hosted by the Agency or its representatives, and which require employees to:

   a. Be present at the worksite during what would otherwise be an off-duty period, to include any requirement to report to work early prior to the beginning of their regular duty day or to remain late at the worksite after their regular duty day ends, regardless of duration; or,

   b. That an employee performs away from their assigned worksite and regardless of where the work activity takes place, to include at an employee’s personal residence or temporary lodging facility (e.g., in a hotel while on vacation), during what would otherwise be an off-duty period and regardless of whether the employee uses personal or government-issued equipment to accomplish the work.

3. Overtime requirements will be announced as far in advance as possible to allow employees the opportunity to make suitable arrangements in order to perform the overtime work. The term “far enough in advanced” means as soon as the Agency became aware or should have known of the overtime work requirement. 

4. The Agency will make every effort to direct or assign employees overtime 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. 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 qualified volunteers prior to mandating that an employee performs overtime work. In the event there are insufficient qualified employee volunteers willing to perform overtime work, the Agency has the authority to direct an employee to work overtime to meet the Agency's mission requirements. 

6. Except during periods of emergency IAW Section 4.2, the Agency shall provide affected employees not less than seventy-two (72) hours’ notice to schedule involuntary overtime time, except when the Head of the Agency determines that the agency would be seriously handicapped in carrying out its functions or that costs would be substantially increased. 

7. Supervisors will also take into consideration any personal hardships that overtime work may cause the affected employee(s) and will make every effort to accommodate said hardships. 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.

8. Employees scheduled to work overtime will be notified of any cancellation of the overtime requirement by the end of the preceding workday, when possible. Employees scheduled to work overtime on any non-duty day will be notified of any cancellation as soon as it is known but not later than 1200 hours on the preceding duty day, if possible. 

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 his duties on a day when work was not scheduled, or after his/her regular workday is over.

2. Unscheduled call-back work performed by an employee is deemed at least two (2) hours in duration for compensation purposes.

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 IAW 5 CFR § 551.431. 

2. Employees may only be placed on stand-by or on-call status pursuant to a formal written order issued by an authorized Agency representative and specifying the start and end time(s), sleep and mealtime periods, the Agency point-of-contact, and restrictions in place for the duration of the stand-by or on-call period. The order shall be acknowledged by the employee. Absent an acknowledgement, the employee is under no obligation to respond during non-duty hours. 

Section 8.7 – Other Pays

1. Night Pay, Night Shift Differential, Sunday Premium Pay, Holiday Premium Pay, and all other special and/or irregular compensation categories will be computed and paid IAW applicable laws and regulations.

Section 8.8 – Adjustment of Work Schedules for Religious Observances

1. To the extent that modifications in work schedules do not interfere with the efficient accomplishment of an Agency's mission, an employee whose personal religious beliefs require that he or she abstain from work at certain times of the workday or workweek must be permitted to work alternative work hours, so that the employee can meet the religious obligation.

2. An employee will submit a written request for an adjusted work schedule in advance, and specifically state that his or her request for an adjusted work schedule is for religious purposes. The request should be accompanied by acceptable documentation of the need to abstain from work.

3. Request for an adjusted work schedule should be approved or disapproved based strictly on the impact that the employee’s absence may have on the Agency’s mission, and not on a personal judgment about the employee’s religious beliefs or his or her affiliation with a religious organization. When an employee’s request is approved, the Agency may determine whether the alternative work hours will be scheduled before or after the religious observance. 

4. Request for time off should not be granted without simultaneously scheduling the hours during which the employee will work to make up the time. This provides a clear record of the employee’s adjusted work schedule. An employee should be allowed to accumulate only the number of hours of work needed to make up for previous or anticipated absences from work for religious observances, within the same pay period.

5. If an employee is absent when he or she is scheduled to perform work to make up for a planned absence for a religious observance, the employee must take paid leave, request leave without pay (LWOP), or be charged absent without leave (AWOL), if appropriate. These are the same options that apply to any other absence from an employee’s basic work schedule.

Section 9.1 – General Provisions

1. An employee’s request to take earned personal leave (i.e., annual leave, compensatory time, or time-off awards) will normally be granted as requested unless the supervisor determines that the employee's presence is required to meet mission requirements. An employee’s request to take personal or sick leave to cover a period of absence due to personal illness or that of their dependent, or to take personal or military leave to cover a period of military duty, may be granted upon request regardless of mission requirements. 

2. Employees are encouraged to apply for leave as far in advance as possible; however, there is no set requirement on how far in advance a request must be submitted in order for it to be approved. There is no set requirement, and none may be placed, on how far in advance a request must be submitted for it to be approved. Approval must be secured prior to an employee being excused from work.  

3. 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.  

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

5. All leave requests (paid and unpaid) shall be submitted using an electronic or hardcopy OPM Form 71, or its equivalent.

6. Leave entitlements not specifically addressed in this contract will be done IAW applicable law and regulation.

7. The minimum charge to leave allowed for all earned leave categories is fifteen (15) minute increments, or one-quarter (0.25) of an hour. 

8. Once approved, annual leave, compensatory time, or time-off awards should not be cancelled unless the employee’s presence is necessary to meet mission requirements IAW Section 4.2. Prior to cancellation, the Agency shall consider any personal or financial hardship to the employee to include the potential loss of deposits or payments made to vacation providers and retailers including hotels, airlines, cruise ships, etc. The Agency shall provide justification for any cancellation decision and will work with the employee to mitigate any personal or financial hardship caused, to include delaying the employee’s return if such a delay will not have a significant impact on the Agency’s ability to accomplish the mission. A cancellation of approved leave in violation of this Paragraph that results in financial harm to the employee may be compensable. 

9. Advance leave (either annual or sick) is not an entitlement; however, the determination to approve or deny an advanced-leave request shall be based on the individual circumstances of the employee making the request. 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. To support a claim of serious financial harm the employee must be able to demonstrate that the situation requiring their absence from work will result in their being absent for a minimum of eighty (80) or more consecutive hours in a non-paid status.   

Section 9.2 – Personal Leave (Annual Leave, Compensatory Time, and Time Off Awards)

1. Supervisors will approve or disapprove properly submitted requests for non-emergency personal leave as soon as possible. If a request is disapproved, the reason will be documented on the OPM Form 71, or its equivalent, and the employee will be notified immediately. The supervisor will work with the affected employee to reschedule the disapproved leave as necessary. Approval shall be contingent solely on whether the employee’s absence will prevent the Agency from accomplishing the mission. Employees cannot be asked or required to verify with other employees whether their absence is acceptable as a condition of leave approval. 

2. Personal leave requests for emergency reasons will be considered on a case-by-case basis and may be granted even if the employee’s absence will have a negative impact on the Agency’s mission. Employees will notify their supervisor as soon as possible of the emergency situation stating the reason for the request and the time they desire to be absent from work. 

3. When two or more employees from the same work section request the same period of leave and mission requirements prevent approval of all requests, approval will be granted on a first come first served basis. However, supervisors shall consider the prior leave requests and approvals of the employees affected to ensure fair execution of the annual leave program.

4. 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. Supervisors also cannot require that employees provide a reason or justification for non-emergency annual leave in order to approve their request. 

5. 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; however, approval is not an entitlement.

6. Employee requests for advanced annual leave shall be made in writing using the Agency-approved form/letter to their supervisor who will then forward to the PEC HR Specialist. The request will include the number of hours applied for and justification IAW Section 9.1(9). 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. Employees shall earn and be granted sick leave, or advanced sick leave, IAW applicable law and regulation to cover a period of absence due to personal illness or medical condition, or to care for a dependent who is ill. When an employee has sufficient sick leave to cover a period of absence due to illness, the Agency shall approve the sick leave as requested. The Agency may not ask or require that the employee provide a specific medical reason or condition in support of a sick leave request made IAW this Section. When the request is in support of a medical appointment, the Agency may not inquire as to why the employee did not schedule the appointment on a non-duty day or compel an employee to reschedule a medical appointment to a non-duty day in lieu of sick leave approval.  

2. A supervisor may require a medical certificate to support the use of sick leave for absences in excess of three (3) days, or for a lesser period when determined necessary by the Agency. However, if the Agency is going to require an employee to provide medical certification for absences of less than three (3) days then the procedures in Paragraph 4 (below) will be observed. The certificate need only confirm that the employee or their dependent was under the care of a medical professional during the period of absence without any requirement to disclose a specific medical condition. 

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).

   d. If acquiring a medical certification would cause 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, prior to requiring a certificate under this Paragraph, the Agency shall counsel and 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 evidence the Agency is relying upon to require a medical certificate and shall notify the employee of their ability to grieve the allegation of sick leave abuse. The Agency will review the sick leave record of an employee 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 Agency’s determination.

5. 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 take sick leave.

6. Employee requests for advanced sick leave shall be made in writing using the Agency-approved form/letter to their supervisor who will then forward to the PEC HR Specialist. The request will include the number of hours applied for and justification IAW Section 9.1(9). 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. The ability to earn compensatory time depends on the employee’s appointment status and Fair Labor Standards Act (FLSA) category. The following appointment status and FLSA category outlines the ability to earn compensatory time:

   a. Exempt:

      (1) Employees that have a rate of pay that exceeds General Schedule (GS) 10, Step 10 are only authorized to earn compensatory time.

      (2) Employees that have a rate of pay that equals or is less than GS-10, Step 10 are authorized to earn compensatory time only after the supervisor offers overtime pay and the employee requests compensatory time in lieu of overtime pay. Supervisors cannot direct employees to choose compensatory time instead of overtime pay.

   b. Non-exempt: Supervisors must offer overtime pay first, however; the employee may select compensatory time in lieu of overtime pay. Supervisors cannot direct employees to choose compensatory time instead of overtime pay. 

2. Employees shall receive payment for any unused compensatory time off at the overtime rate in effect when earned. This Paragraph also applies if the employee transfers to another agency or separates from Federal service before the expiration of the twenty-sixth (26) pay period time limit. 

3. Outside of duty hours, the usual and reasonable waiting time spent at an airport, rail, or bus terminal awaiting departure of their next segment of travel is compensable. 

Section 9.5 – Leave Without Pay (LWOP)

1. An employee’s request for leave without pay may be granted as follows 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 law 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. Excused absence granted under this Section shall not exceed eighty (80) hours during any calendar year. 

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 directed by the Agency, for example:

      (1) Academic examinations related to the employee’s position.

      (2) To determine the medical qualification or disability of an employee. 

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

   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. To review their personnel records or to fulfill administrative responsibilities in connection with transfers within or separations from the Agency.

   e. To secure a Department of Army (DA) photograph when such photograph is required by the Agency. 

Section 9.7 – 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 leave so that they may take care of their personal affairs. 

2. The Agency shall, at their 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. Road closures enforced by local government agencies and other general warnings by local public officials for citizens to ‘remain in place’ are reliable indicators that conditions exist which may qualify an employee for administrative leave under this Section.    

   a. If an employee requests leave under Paragraph 9.7(1) prior to an administrative dismissal being authorized under Paragraph 9.7(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. 

4. When an employee is deemed as essential and will be required to report to or remain at work during adverse weather or another emergency condition, the Agency shall issue an order indicating that they are essential to the response and are officially ordered to duty during the period of weather or emergency, to include what capacity the employee will be fulfilling. Employees are not required to stay overnight. However, if requested by PEC Chief of Staff to remain overnight, the Agency shall be responsible for lodging and meals IAW applicable rules and regulations. 

Section 9.8 – Funeral Leave 

1. An employee is entitled up to three (3) 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 9.9 – Leave in Conjunction with Military Duty

1. An employee who is also a member of the Reserve Component is authorized fifteen (15) days, or one-hundred and twenty (120) hours, of military leave each fiscal year to cover periods of absence from work in order to perform military duty. However, employees are entitled to use any combination of military leave, annual leave, compensatory time, time-off awards, or leave without pay (LWOP) in conjunction with military duty performed during their regular duty hours. The following guidance applies:

   a. Military duty includes training or duty such as active duty for operational support (ADOS), annual training (AT), and other Federal duty statuses approved by law. Normally, these duty periods are equal to one twenty-four (24) hour period of duty, or one day. 

   b. Employees performing military duty during their regular workweek will be charged an amount of leave necessary to cover the portion of their civilian work shift affected by the active-duty period. 

   c. Military leave may not be used to cover periods of state active duty (SAD). However, employees may use any other leave status mentioned in Paragraph 1 (above) to cover the period of absence as a result of SAD, as well as law enforcement leave (LEL) as described in Paragraph 2 (below). 

2. Reservists or National Guard members who perform military duty in support of civil authorities in the protection of life and property are eligible for an additional twenty-two (22) workdays (one hundred and seventy-six (176) hours) of military leave, also known as Law Enforcement Leave (LEL). In addition, employees who perform full-time military service as a result of a call or order to active duty in support of a contingency operation as defined in 10 USC § 101(a)(13), are entitled to 22 days of military leave under 5 U.S.C. 6323(b).

3. The Agency may implement policies and procedures that govern the justification, scheduling, and use of military leave under this Section. However, those procedures may not interfere with an employee’s right to use earned military leave. Any such policy or procedure shall be negotiated with the Union IAW Section 6.2 prior to implementation.  

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 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, court leave shall be substituted. No charge shall be made to annual leave for the court service.

3. 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 hardship.

4. 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. 

5. 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 the amount of fees the court paid to the employee. The certificate of attendance, separately, should identify fees and allowances. 

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

7. The employee may keep reimbursements for expenses received from the court, authority, or party that caused the employee to be summoned. 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. Leave donated must be accrued and available at the time of donation. Employees may not donate leave to an immediate supervisor. Interagency leave transfer (i.e., between two employees working for different Federal agencies) is permitted if both the recipient and donor are family members.

2. A serious medical condition as used herein pertains to either an employee or the care of a family member that will require an employee’s absence from duty for a prolonged period of time resulting in a substantial loss of income to the employee due to the unavailability of paid leave.

3. The maximum amount of annual leave that may be donated during the leave year shall be the lesser of: 

   a. One-half of the amount of annual leave the donor would be entitled to accrue during the leave year in which the donation is made; or,

   b. The number of hours remaining in the leave year (as of the date of the transfer) for which the leave donor is scheduled to work and receive pay. 

   Note: These limitations may be waived according to the Agency's established written criteria. The waivers shall be documented in writing. 

4. Donated leave may only be used by the intended recipient and may not be used for any purpose other than prolonged absences caused by a verified serious medical condition. 

5. Upon termination of the serious medical condition, the unused donated leave shall be transferred pro rata back to each donor who may then elect to:

   a. Credit the unused donated annual leave to their annual leave account in either the current leave year or as of the first day of the first leave year beginning after the date of election; or 

   b. Donating unused donated leave in whole or part to another leave recipient. 

Section 10.1 – 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, to include: 

   a. Upon timely advanced verbal or written notice, the right to be absent while serving or in order to serve in the armed forces. Federal law does not require a specific timeframe for notice to be considered timely or advanced. The only requirement is that the notice be as far in advanced as is reasonable under the circumstances; and,

   b. The right to be reemployed after completing a qualifying tour of military duty that does not exceed the time limitations contained in 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 11.1 – General Provisions

1. It shall be the responsibility of the Agency, the Union, and employees to observe all safety precautions and maintain the standard of safety established IAW applicable laws, 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. The Agency has the right to determine employee training needs. When training is needed, it will be provided to employees during regular duty hours.

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

4. Hazardous tasks shall 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 level Safety Council meetings. The Agency agrees to consider all recommendations of the Union relative to basic policy on safety and health.

7. The cost and responsibility for cleaning and repair of Agency-issued protective clothing and equipment contaminated with or by controlled waste material shall be borne and 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, to include but not limited to (if applicable):

      (1) Fire detection, warning, and suppression;

      (2) Lighting 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 items in sub-paragraph (c) (above) on hand and current. The Agency has the right to determine employee training needs. When training is needed, it will be provided to employees during regular duty hours.

   e. All buildings where employees work and/or congregate 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.  

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

   g. Permanent personal hygiene facilities at each 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.  

   h. Cleaned and maintained by personnel that comply with OSHA industry standards for janitorial and groundskeeping services, as specified in the North American Industry Classification System (NAICS), codes 561720 561730, respectively.  

9. Upon request, for those facilities that do not conform with the minimum requirements above, the Agency shall provide a detailed plan of how it will bring them into compliance within a reasonable period of time. 

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, Safety, and Protective Clothing/Equipment

1. The Agency agrees to provide all appropriate safety equipment and protective clothing to employees to facilitate the performance of their assigned duties.

2. The Agency shall maintain an Occupational Health Services and Preventive Medicine Program as provided for in 5 USC Chapter 79 and other applicable laws, rules, and regulations. 

3. An employee’s medical record cannot be disclosed/released without their consent except in limited circumstances as authorized by DoD 5400.11-R C4.2. Specifically, a record may be disclosed/released without the employee’s explicit authorization when the individual requesting access is an employee of the Agency, has an official need for the record, and articulates in detail why the records are required. The intended use of the record must relate 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 suffices. A requestor’s rank, position, or title alone does not authorize access to personal information about others, including their medical record.

4. The Agency shall observe an annual benefit open season period. During this period, representatives from major insurance providers may be made available to provide employees with information regarding their benefit plans. Information may be provided in person or electronically. Dates and locations will be determined by the Agency. Employees will be made aware of any briefings/presentations being provided as far in advance as possible and will be allowed excused absence to attend or review materials related to open season benefits and programs. 

Section 11.3 - Procedure for Unsafe/Hazardous Assignments and Conditions

1. 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.

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

3. 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.

4. When the Agency determines that 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 will provide the required training to employees during regular duty time prior to carrying out these duties. Any protective equipment normally required during the course of accomplishing said duties must be provided at the time the employee is required to accomplish the task. 

5. Employees may decline to perform an assigned task due to the risk of imminent death or serious bodily harm until those risks are mitigated through appropriate safety precautions. This includes situations where two persons are required 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 11.4- Employees Free from Reprisals

1. Employees who file a safety complaint or who request OSHA to inspect a facility, and employees who decline to perform a task under the provisions of Section 11.3 (above), shall be free from reprisals, harassment, or unwarranted disciplinary action.

Section 11.5 – Worker’s Compensation Entitlements

1. It is the Agency's responsibility to advise, orient and assist employees regarding entitlement of medical and loss-of-pay benefits under the Federal Employee's Compensation Act (FECA) for injuries or illnesses that are job related (See Appendix G).

2. It is the employee's responsibility to report any injury or illness that he/she feels may be job related to the supervisor immediately after the occurrence. Employees have a right to seek Union representation concerning workplace injuries and any subsequent claims under this Section. It is also the employee’s responsibility to cooperate with required documents for payment, physical restrictions and follow-up.

3. When an employee is incapacitated on the job 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.

4. 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. 

5. When a treating physician indicates that an employee is physically able to return to work, including light duty work (i.e., in their incumbent position with modifications or in a different position that accommodates any restrictions imposed by a medical doctor), the employee is required to notify the Agency immediately. If such work is available, the employee will be allowed to report for duty as early as the workday following the physician's determination. The NGB Occupational Health Manager will determine evidenced-based work restrictions and/or accommodations that will be implemented when an employee is medically able to return to work in either a full or modified capacity. 

6. An employee that fails to notify the Agency of their ability to return to work, or who refuses to return to work when ordered, could receive overpayment of worker’s compensation benefits and/or be considered AWOL.

Section 11.6 – 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 formally reported unsafe condition as it applies to bargaining unit employees.

2. Upon request, a Union representative will be permitted to accompany any safety, occupational health, or other workplace inspection teams during an evaluation of their facility IAW Paragraph 1 (above), and, upon request, provide a copy of any report generated as a result of such an inspection.

Section 11.7 – Hazardous Material Training Program

1. All personnel who handle, use, or are potentially exposed to hazardous materials in the course of their duties will receive training and information in accordance with applicable laws, directives, and policies.

2. Safety data sheets (SDS), or their equivalent, will be on file and available to employees who work with or are exposed to chemical hazards.

Section 11.8 – Occupational Health and Safety Training

1. Although employees are basically qualified to perform their duties, the Agency recognizes the need for specific training and update training regarding Occupational Health and Safety to assure employee safety and a minimum loss of man-hours due to preventable injuries.

2. The Agency will maintain programs to ensure all employees are informed of safe working habits and practices as required by their position description.

3. The Agency has the right to determine employee training needs. When the Agency determines that Cardio-Pulmonary Resuscitation (CPR) instruction, and Automated External Defibrillator (AED) training is needed, it will be provided to employees during regular duty hours.

Section 11.9 – Office Environment

1.  IAW 41 CFR § 102-79, the Agency will provide a quality workplace environment that supports program operations. 

2. Upon employee request and within budget constraints, that Agency may provide office accommodation and equipment which reduces or eliminates 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. 

3. 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) are afforded equitable accommodation, equipment, and furnishings. This includes:

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

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

   c. Furnishings (i.e., office chairs, desks, filing cabinets, etc.) shall be of the same quality and condition.

4. IAW Section 6.2, the Agency shall notify the Union prior to requiring that employees physically move or change their assigned workspace (i.e., building, office, cubicle, and/or desk):

   a. New equipment shall be of the same or better quality as the ones currently being used by the employee.

   b. New facilities should be of the same or better quality and size as the ones being vacated by the employee, and should provide all the same amenities and accommodations, to include any reasonable accommodations in place, prior to the employee being moved.

   c. Employees will be required to move any personal items within the vacated workspace (i.e., pictures, posters, plants, and/or appliances like coffee pots, etc.). Employees may also be tasked with moving small government-issued office items in their possession (i.e., staplers and other small office supplies). 

   d. Unless otherwise authorized by their position description, the Agency may not task or require that employees move furniture (e.g., office chairs, desks, or other heavy items) or electronic equipment (e.g., computers, printers, scanners, telecommunications equipment, etc.). These items have the potential to cause injury to employees. There’s also the potential that employees can cause damage to government equipment. As such, the Agency will task or hire individuals qualified in the movement and installation of furniture and/or electronic equipment.

   e. The Agency shall make interim arrangements for employees whenever a move covered by this Section will delay the employee’s ability to accomplish their assigned work. Interim arrangements may consist of temporary office space or telework.       

Section 11.10 – Make Ready, and Clean-Up Time

1. A reasonable amount of time, not to exceed fifteen (15) minutes, will be allowed at the beginning of the shift, before lunch, and at the end of the work shift for personal clean-up and personal work area clean-up (not to include common use areas).

2. This will not prevent management from assigning work as necessary.

Section 11.11 – Other Programs

1. The Agency agrees to implement and administer an ongoing Physical Fitness Incentive Program which allows employees the opportunity to achieve and maintain certain fitness requirements during duty hours. The following conditions will apply:

   a. The program is not an entitlement and may be modified to accommodate mission requirements. The Agency may also discontinue an individual’s participation in this program due to substantiated performance deficiencies or misconduct. When the Agency determines that an employee’s participation needs to be restricted, either temporarily or permanently, the employee will be provided notice of a minimum of fifteen (15) days in advanced, to include justification. If an employee’s ability to participate in this program is cancelled due to performance or misconduct, it does not prevent their ability to request reinstatement at a future date.

   b. An employee’s participation in the program is strictly voluntary and activities are unsupervised. 

   c. Participation may not interfere with the Agency’s ability to accomplish the mission. Scheduling of time under this program will be coordinated between the employee and their immediate supervisor after employee is medically cleared to participate.

   d. Employees will be allowed up to three (3) hours per week, not to exceed one and a half (1 ½) hours in any one day, to participate in an individual fitness program to include travel time (if applicable) and personal hygiene. This time is considered use-or-lose. It may not be carried over day-to-day or week-to-week. 

   e. Time authorized is in addition to lunch and break periods.

   f. Fitness will normally be accomplished on the premises of the employee’s assigned duty location. 

   g. Authorized activities include aerobic exercises (e.g., walking, running, bicycling, and/or swimming) and strength training. Sports which require or include physical contact (e.g., football, soccer, martial arts) are not permitted. Team sports are also not permitted. On a case-by-case basis, supervisors may approve individual competitive activities such as tennis, racquetball, and other similar sports.    

2. Accommodations for nursing mothers will be provided IAW Federal law and regulation.

Section 11.12 – Maintenance, Remodeling, or Construction at Agency Facilities

1. Whenever the Agency plans to conduct any type of maintenance, remodeling, or construction activity at a facility where employees are assigned, they shall provide the Union and each employee affected with a minimum thirty (30) day notice of the pending activity to include the type and 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 employees 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. 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,

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

Section 12.1 – General

1. This Article provides the procedures the Parties will observe concerning the settlement of grievances, including questions of arbitrability. The Parties will also be subject to binding arbitration under this Article for any unresolved grievances. 

2. 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.

3. Employees retain the right to request Union representation in the grievance procedure, or to decline such representation. 

4. Regardless of an employee’s representation option, the Union, IAW 5 USC §7114, will be given the opportunity to be present during all grievance proceedings to ensure that any relief granted as a result of the grievance process is not inconsistent with the terms of this Agreement.

5. 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.  

6 Grievances will be terminated for the following reasons:

   a. At the request of the charging Party. 

   b. If the grievant is an employee, upon termination or death of the employee, unless the personal relief sought may be granted regardless of employment status. 

Section 12.2 – Time Limits

1. Failure on the part of a responding party to observe the time limits set forth in this Article will automatically permit the grievant to advance to the next step of the resolution process. 

2. Failure on the part of a grievant to observe the time limits will automatically terminate the grievance process, except that all time limits provided in this Article may be extended by mutual agreement.

Section 12.3 – Procedure and Exclusions

1. IAW 5 USC §7121, the Parties agree that this negotiated procedure will be the exclusive method of grievance resolution within the bargaining unit concerning employment matters. 

2. The matters below may not be grieved under this procedure:

   a. Retirement, life insurance, or health insurance;

   b. Any claimed violation of the Hatch Act relating to prohibited political;

   c. A suspension or removal for National Security reasons under 5 USC § 7532; 

   d. Any examination, certification, or appointment;

   e. The classification of any position that does not result in the reduction in grade or pay of an employee, to include the substance of the elements of an employee’s position description;

3. Grievances related to matters that are covered in this Agreement shall be filed IAW Section 12.5(4)(c) or 12.6(3)(b), PEC Commander Review, for all employee and or Union grievances, or IAW Section 12.7(3)(b), LIUNA Local 1776 Business Manager Review, for all Agency-initiated grievances. 

Section 12.4 – Employee Rights

1. All employees, whether individually or as a group, have the right to present their grievances to the appropriate Agency official 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 their representatives will be free from restraint, coercion, discrimination, or reprisal because they have filed a grievance.

2. A matter covered under a statutory appeals process which also fall within the coverage of the negotiated grievance procedure may, at the discretion of the employee, be raised either under the applicable statutory appellate procedures or under the negotiated grievance procedure, but not both. However, selection of the negotiated procedure in no manner prejudices the right of an aggrieved employee to request the Merit Systems Protection Board (MSPB) to review the final decision pursuant to 5 USC Chapter 77 in the case of any personnel action that could have been appealed to the Board, or, where applicable, to request the Equal Employment Opportunity Commission (EEOC) to review a final decision in any other matter involving a complaint of discrimination.

Section 12.5 – Employee Grievance Procedures

1. Notwithstanding Section 12.3(3), a grievance must be submitted to the lowest level of the Agency with the ability to resolve the matter. 

2. All days in this article are calendar 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) days after the occurrence of a grievable matter or incident, or no later than thirty (30) days after the aggrieved party became 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. A grievance may be withdrawn by the employee at any time.

4. The following procedures shall be used for resolving grievances filed by employees against the Agency, except that when an employee is currently suffering or will suffer immediate financial hardship (i.e., within fifteen (15) days) due to a curtailment or denial of compensation resulting from an adverse action or other administrative action taken by the Agency, then the employee may proceed directly to Step 3:

   a. Step 1 – Informal

      (1) The employee(s) shall advise the appropriate Agency representative of their intent to initiate the informal 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 fifteen (15) 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 HCM-CMB-LMER 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 fifteen (15) days after notice is served will allow the grievant to proceed to Step 2. 

   b. Step 2 – Formal

      (1) If the grievant is dissatisfied with the decision reached at Step 1, the employee may submit their complaint (i.e., Grievance Form and supporting documents) to the next level of the Agency no later than fifteen (15) days after Step 1 has concluded. The timeline for resolution begins upon notice being served. The HCM-CMB-LMER should be consulted whenever there’s a question as to who the appropriate Agency representative will be at Step 2. 

      (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 HCM-CMB-LMER. 

      (3) The Agency representative will have fifteen (15) 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 HCM-CMB-LMER 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 fifteen (15) days after notice is served will allow the grievant to proceed to Step 3. 

   c. Step 3 - PEC Commander Review

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

      (2) The PEC Commander, 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 thirty (30) days after receipt of the grievance.

      (3) Failure to reach resolution within thirty (30) 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 12.6 – Union Grievance Procedures 

1. This Section applies to a grievance filed by the Union against the Agency, or on behalf of an employee represented by the Union against the Agency. 

2. Except for claims of a continuing violation, to be considered timely, a grievance must be submitted no later than thirty (30) days after the occurrence of a grievable matter or incident, or no later than thirty (30) days after the aggrieved party became 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 Union to advance the grievance to the next step, unless a different timeline is specified for a particular topic 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. A grievance may be withdrawn by the proponent at any time.

3. The following procedures shall be used for resolving grievances filed under this Section:

   a. Step 1 – Informal

      (1) The Union shall advise the appropriate Agency representative of their intent to initiate the informal grievance process by using the approved Grievance Form located at Appendix C. The appropriate Agency representative at this Step is usually the individual that can grant relief concerning the specific subject matter, 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 Union grievance process. 

      (3) 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 HCM-CMB-LMER.  

      (4) The Agency representative will have fifteen (15) days to attempt resolution of the grievance. 

      (5) Failure to reach resolution within fifteen (15) days after notice is served will allow the Agency to proceed to Step 2. 

   b. Step 2 – PEC Commander Review

      (1) If the Union is dissatisfied with the decision reached in Step 1 the grievance may be submitted to the PEC Commander not later than thirty (30) days after conclusion of Step 1. The timeline for resolution begins upon notice being served. 

      (2) The PEC Commander, 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 Agency decision no later than thirty (30) days after receipt of the grievance.

      (3) Failure to reach resolution within thirty (30) days after notice is served will allow the grievant to proceed to arbitration. 

Section 12.7 – Agency Grievance Procedures

1. A grievance by the Agency against the Union must be submitted to the LIUNA PEC Employee Representative. If a PEC Employee Representative is not currently assigned, then the grievance is submitted directly to the LIUNA Local 1776 Business Manager at Step 2. 

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

3. The following procedures shall be used for resolving grievances filed under this Section:

   a. Step 1 – Informal

      (1) The Agency shall advise the PEC Employee 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 PEC Employee 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 PEC Employee Representative will have fifteen (15) days to attempt resolution of the grievance. 

      (4) Failure to reach resolution within fifteen (15) 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 at 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 thirty (30) days after receipt of the grievance.

      (3) Failure to reach resolution within thirty (30) days after notice is served will allow the grievant to proceed to arbitration. 

Section 12.8 – Right to Information

1. Unless a different timeline is specified in other Sections of this Agreement concerning a specific topic, when arbitration is invoked, the Parties will exchange all relevant documents, reports and any evidence related to a specific grievance or complaint a minimum of thirty (30) days prior to arbitration. This includes complete copies of investigative files (i.e., AR 15-6 and other types of investigations conducted by or on behalf of the Agency, to include reports of investigation provided by civilian law enforcement) related to the topic being arbitrated. 

Section 12.9 – Arbitration Procedures

1. The authority of the Arbitrator will extend to the interpretation of federal law, Government-wide regulations in effect at the time this agreement was executed, this Agreement, and applicable Agency regulations or policies in effect at the time this Agreement was approved that are not in conflict with this agreement (see Appendix E). The Arbitrator shall have no authority to add to or modify any terms to this Agreement or Agency policy. The Arbitrator will also resolve questions about whether the matter is subject to arbitration. 

2. Arbitration hearings will normally be conducted during duty hours. Employees required to attend the hearing as Union representatives, complainants, witnesses, etc., will attend without loss of pay or leave, and will be provided travel and per diem IAW the Joint Travel Regulation (JTR) if their participation requires compensable travel. Union Representatives shall utilize Official Time IAW Section 6.8.

3. Ommitted.

4. Aggrieved employees, Union representatives, and employee witnesses shall be excused from duty for a reasonable period to prepare for arbitration. 

5. When the Parties agree to some or all of the facts at issue and mutually agree that a hearing would be unnecessary, they can submit a joint stipulation of facts and argument briefs to the Arbitrator with a request that a decision be rendered based upon the stipulations and respective briefs.

6. Only the Party that requests arbitration may cancel or terminate said request for arbitration. 

7. The Arbitrator’s decision shall be binding on the Parties. However, either Party may file exceptions to the arbitrator’s award as provided for in federal law or regulations. If either Party files an exception, a copy will be submitted to the other Party.

Section 12.10 – Arbitrator Selection

1. The aggrieved party will have thirty (30) days from conclusion of the PEC Commander Review or the LIUNA NGC Local 1776 Business Manager Review Period to invoke arbitration. 

2. The Party invoking arbitration will request a list of seven (7) potential arbitrators from the Federal Mediation and Conciliation Service (FMCS). The Party invoking arbitration must furnish the responding Party with a copy of the request submitted to FMCS and the list of seven (7) arbitrators generated by the FMCS no later than thirty (30) days after conclusion of the PEC Commander Review or the LIUNA NGC Local 1776 Business Manager Review Period for an arbitration request to be deemed timely. 

3. The Parties will strike names via email, telephone, or in person no later than ten (10) days after the responding Party receives the list of FMCS arbitrators required by Paragraph 2. The Parties will alternately strike a name from the list until only one (1) name remains. The Party requesting arbitration will strike first. 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 the ten (10) days required herein 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. 

4. No later than ten (10) days after an individual is selected IAW Paragraph 3, 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, 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 (including attorney fees IAW Section 12.9(2)) if said remedy is not contrary to federal law or regulations, or this Agreement. 

Section 12.11 – Arbitration Expenses and Attorney Fees

1. The cost of an Arbitrator shall be borne by the losing Party. Any dispute as to who the ‘losing Party’ is shall be decided by the Arbitrator. In the event there is no clear winner or loser, the arbitrator shall decide the percentage paid by each Party.

2. IAW 5 USC 5596(b)(1)(A) and 7701(g), the Union, when deemed the prevailing Party, shall be entitled to reasonable attorney’s fees in addition to any other relief awardable by the Arbitrator.

3. The Agency shall initially bear the cost charged by the Arbitrator to hear a case, to include the Arbitrator’s travel expenses. Should the Agency prevail, a detailed invoice shall be submitted to the Union within (30) days of the Arbitrator’s decision detailing costs paid directly to the Arbitrator for his/her travel expenses. The Union shall promptly reimburse the Agency for charges billed under this Section.

4. 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 costs incurred to the Arbitrator as a result of requesting and subsequently cancelling the arbitration. 

5. If a court reporter is requested by the Arbitrator, the cost shall be borne equally by the Parties regardless of which Party prevails, and the transcripts shall be available to both Parties. However, if a court reporter is secured for the exclusive use of one Party, the cost shall be borne by the requesting Party alone, unless the other Party subsequently desires to receive a copy of the transcript; in that case, they will be required to pay 50% of all costs incurred in the preparation of such transcript.

6. 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.   

7. Should the Arbitrator’s decision be overturned, in whole or in part, on exception, the procedures for determining a prevailing party, as contained in Paragraph 1, shall apply.

Section 12.12 – Arbitration Decision

1. An exception to the Arbitrator’s decision must be filed within thirty (30) days from the date the award is served on the Parties. If the Union is the non-prevailing Party, then any requirement to reimburse the Agency for fees IAW Section 12.11(3) shall be delayed pending a decision on its exception filing.

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

Section 13.1 – General

1. Disciplinary and adverse actions shall be processed IAW this Agreement. Should a matter arise that is not addressed by this Agreement, the Parties shall reference applicable Agency policies and/or regulations. 

2. This Article applies to matters of conduct only; actions that relate to job performance will be accomplished IAW Article 22 (Performance Standards and Evaluations). 

3. Employees are expected to behave appropriately and follow all applicable laws, rules, and regulations.

4. Employees facing administrative actions under this Article shall be entitled to all pay, benefits, and protections afforded to them under federal law, rule, regulation, and this Agreement.

Section 13.2 – Investigation, Examination and Representation

1. An employee has a right to request Union representation during any examination or questioning by a representative of the Agency in connection with an investigation if the employee:

   a. Reasonably believes that the examination may result in disciplinary action; and,

   b. Makes a clear request to exercise this right. 

2. 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 IAW Section 5.4(6). 

3. 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.

4. Consistent with its rights under 5 USC § 7106(a)(1), the Agency has the right to record (i.e., voice, video, or both) employee interviews conducted by its representatives during the course of a bona fide investigation. However, the Agency must notify the employee that their interview is being recorded prior to activating the recording device. 

5. When an employee is questioned in conjunction with an administrative investigation, an employee may invoke their right to Union representation at any time during questioning even if they initially declined. When an employee requests representation, further questioning is prohibited and shall be delayed for a reasonable period of time until a representative is secured. Employees are compelled to provide truthful responses and they cannot refuse to answer questions pursuant to an administrative investigation.

6. When an employee is questioned pursuant to a criminal investigation, the Agency will inform the employees of their right to remain silent and to avail themselves of legal counsel. If the Agency is willing to provide the employee with immunity in exchange for their cooperation, the employee will be provided with a Garrity or Kalkines Warning (Appendix F) prior to continuing their line of questioning.  

Section 13.3 – Non-disciplinary and Disciplinary Actions

1. The Agency shall determine when disciplinary action is warranted. Such actions will be administered in a fair, impartial, and timely manner. The standard of nexus (a connection, link, or tie) shall apply. This means that disciplinary action should only be initiated as a result and/or directly linked to a specific act(s) of misconduct by the employee.

2. The initiation of 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. 

3. When the processing of a disciplinary action will be delayed beyond six (6) months, the employee and/or their representative will be notified stating the reason for the delay and the anticipated disposition of the case.  

4. Counseling and warning sessions are informal meetings that supervisors can use to make employees aware of possible misconduct. The informal meetings 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. 

5. 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. Letters of Reprimands (LORs) and all adverse actions must be cleared by the HCM-CMB-LMER prior to being issued to the employee. Actions not cleared by HCM-CMB-LMER shall not be considered official. LORs are a more formal means of making an employee aware that their conduct is unacceptable. When conduct warrants the use of LORs, 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. Depending on the severity of the infraction, LORs may remain in an employee’s record for a period not to exceed three (3) years. 

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

Section 13.4 – Adverse Action

1. An Adverse Action (i.e., suspension of fifteen (15) days or more, removal, or change to a lower grade) is an administrative action which denies the employee compensation on a temporary or permanent basis. An employee will be allowed a minimum of fifteen (15) days following receipt of the proposed adverse action notice to provide a reply. This timeline may be extended upon request by the employee and/or their representative if there’s justification that more time is needed in order to furnish an adequate response. When a request for an extension is denied, the Agency shall provide a written explanation. 

2. During a proposed adverse action the employee will remain in a duty status pending the Agency’s final decision IAW Paragraph 3(c). The Agency may determine that an employee awaiting discipline should not be present at the worksite because it may adversely impact the mission, cause a safety concern, or unduly disrupt the work area. In that case, the Agency may detail the employee to an alternate worksite within their commuting area or place the employee in a non-duty pay status for all or part of the time it takes to process the final decision.

3. Employees are entitled to due process. At a minimum, the Agency will observe the following when processing an adverse action:

   a. Notice of Proposed Adverse Action. An adverse action is initiated when the employee is issued a proposal by their immediate supervisor or other Agency representative within the employee’s civilian supervisory chain (i.e., the Proposing Official).

   b. Employee Reply. The employee will be afforded a minimum of fifteen (15) days to reply to the proposal and the opportunity to review all evidence relied upon by the proposing official.

   c. Final Agency Decision. A final decision is issued by an Agency representative within the employee’s supervisory chain that is at least one rank/grade higher than the proposing official (i.e., the Deciding Official). The employee will also be informed of their appeal rights. 

Section 13.5 – Release of Supporting Documents, Evidence, and Historical Data 

1. All evidence relied upon in support of a non-disciplinary, disciplinary, or adverse action shall be provided to the employee at the time of the action. The employee’s reply/rebuttal timeline will not begin unless each item relied upon as supporting evidence, as referenced in the entry, notice, memorandum, or proposal letter is provided to the employee or their representative. Release of information is subject to the Privacy Act.

2. When the action being proposed is due to an employee’s local access to classified information being suspended pending DoD Combined Adjudications Facility (CAF) review, the Agency shall provide the employee or their representative with:

   a. Written notice that their local access has been suspended pending CAF review, and the rationale for the suspension;

   b. Information about due process and incident report procedures;

   c. Proof that their case has been submitted to the CAF for adjudication, to include a written copy of the Agency’s recommendation to the CAF as to whether they believe the employee should or should not retain their national security eligibility pending investigation; and,

   d. Information on the process for appealing a negative security determination.

Section 13.6 – Right of Appeal 

1. Employees will have the right to appeal disciplinary and adverse actions IAW federal law, this Agreement, government wide regulations in effect at the time this Agreement is executed, and Agency regulations in effect at the time this Agreement was executed and that do not conflict with this Agreement. The Agency will inform employees, in writing, of their appeal options at the time a decision is issued concerning a matter covered by this Article. The Agency will also inform employees that, to the extent they have more than one appeal option available below, they may only select one, and that once an appeal option has been initiated, they will forfeit their ability to invoke the other. The notice required herein shall be accomplished in writing, and the Agency shall record the fact that an employee has been notified as required by this Section. Specifically, employees shall be notified that:

   a. For actions covered by Section 13.3(1), (2), and (4) they have a right to file a grievance.

   b. For actions covered by Section 13.4, they have the right to:

      (1) File a grievance;

      (2) File an appeal with the Merit Systems Protection Board (MSPB), to include mixed case appeals when the employee alleges that the adverse action was affected, in whole or in part, because of discrimination, to include race, color, national origin, sex, age, sexual orientation, or disability (see Paragraph 3); 

2. In addition to the appeal rights listed in Paragraph 1, the Agency’s notice shall also inform employees that IAW Article 19 they may have a right to file an Equal Employment Opportunity (EEO) or whistleblower complaint if they believe the action taken against was due to one or more of the reasons listed below:

   a. Retaliation for opposing or disclosing discrimination or illegal activity;

   b. For their participation in a discrimination or appeals proceeding; or,

   c. For requesting accommodation based on disability or religion.

3. The notice required under Paragraphs 1(a) and (b) will also include notification to the employee that they are entitled to be represented by an attorney or other representative, to include the Union, and will include the Union’s contact information in the notice as follows:

LIUNA Local 1776

Phone:        1 (800) 569-5861

Email:          contact_us@local1776.org

Website: www.local1776.org

Section 13.7 – Last Chance Agreements (LCA’s)

1. When the Agency offers an employee an LCA, the terms of the LCA shall be negotiated with the Union IAW Section 6.2 and 6.3 prior to their being presented to employees.

Section 14.1 – General Guidelines 

1. The Agency will notify the Union as soon as it becomes aware of any potential furlough or reduction in force (RIF) IAW Section 6.2. 

2. As soon as able, the Agency will provide a current list of all personnel (IAW Sections 1.3(1)) and will identify those bargaining and non-bargaining unit employees that will be furloughed or RIF’d. 

3. All employee notices issued IAW this Article will be submitted to the Union for review and concurrence prior to being distributed/issued.

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

1. 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 on the day of the required action.

2. 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 number of days is included in the furlough notice.

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 acknowledge said notice, as required by this Section. However, the Agency may not require that an employee travel to the worksite for the sole purpose of receiving and acknowledging a furlough notice if delivery and acknowledgement may be accomplished electronically. 

4. At a minimum, the Agency’s notice to affected employees will include:

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

   b. Whether the employee is deemed essential or non-essential; 

   c. 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

   d. Information on benefits that may be affected (i.e., insurance, unemployment, etc.).

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

1. Any changes to the Agency’s civilian work force because of a reorganization, realignment, or a reduction in force (RIF) shall be accomplished IAW 5 CFR Part 351, and 32 USC § 709, and Sections 6.2 and 6.3 of this Agreement. This includes any action, regardless of whether voluntary or involuntary, that seeks to eliminate an employee’s incumbent position permanently or in favor of a different duty status (e.g., from civilian to active duty under either Title 10 or Title 32).   

2. The Agency will provide as much notice as possible, but not less than sixty (60) days, in a pay status to employees who will be separated under this Section. The sixty-day advance notice period may be shorten in the event the RIF occurs due to unforeseen circumstances.

3. An employee who is separated or reduced in grade under this Section will be placed on the reemployment priority list IAW 5 CFR Part 351.

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. The provisions herein apply to all vacancies. Actions under this Article shall conform with 5 CFR Part 335, the Agency Merit Promotion and Placement Plan, and this Agreement.

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 or medical condition. 

Section 15.2 –Vacancy Announcements

1. PEC vacancies will be announced for a minimum of fourteen (14) days and no more than thirty (30) consecutive days. Requests to announce a vacancy for a period of time that is shorter or longer than specified herein will require Union concurrence. Term positions (i.e., not to exceed (NTE)), the announcement period may be set at less than fourteen (14) days. 

2. The Agency will announce all vacancies using the currently approved method (e.g., USA Jobs). Upon announcement posting, the Agency will also send notice to employees via their work email. 

Section 15.3 – Evaluation of On-Board Applicants and Interviews

1. Bargaining unit employees that qualify for a vacant position within the Agency shall be extended priority consideration over non-employee applicants, to include an interview IAW this Section. Upon request, an on-board applicant shall be provided with justification for non-selection. 

2. Interviews must be conducted for all competitive job placement actions. Interviews may be conducted in person or electronically (i.e., telephone or video teleconference). 

3. 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 (physical and electronic) 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.

4. Interview panels may be appropriate in certain situations. 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.

5. 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 15.4 – Complaints and Records Audit

1. The mere act of not being selected from a properly certified register is not enough grounds for a grievance. On-board candidates may file a grievance IAW Article 12 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 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. 

2. Pursuant to a grievance filed by or on behalf of an employee, the Union will be permitted to review selection packages, pursuant to the Privacy Act and 5 USC 7114. The Agency shall make the entire selection packet available to the Union no later than fifteen (15) days after a Union request or a grievance filing. 

Section 16.1 – Reduction of Hazardous Working Conditions

1. 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.

2. Administration of this Plan will be IAW all applicable laws, rules and regulations.

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. The Agency will provide access to the laws, regulations, and instructions applicable to this article.

4. IAW Section 11.2, 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. Employees required to perform duties outside, in unsheltered conditions, and temperatures are below 0o F (including wind chill factor) or above 100o F (including heat index), work/rest cycles will be established to 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. 

   b. Employees working indoors will be provided with a climate-controlled environment, and will not be exposed to temperatures below 65o F or above 80o F. When heating or air conditioning equipment malfunctions or is inoperable due to a power failure, and the failure has/is expected to last more than sixty (60) minutes, employees will be temporarily moved to an alternate location that provides adequate cooling or heating, or they shall be administratively dismissed IAW Section 9.7 until the Agency makes the necessary repairs to its facilities. 

   c. When lightning is within seven (7) 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 seven (7) 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.

Section 17.1 – Employee Awareness of Assigned Duties

1. A position description (PD) identifies, for purposes of pay and classification, the major duties, responsibilities, and supervisory relationships for a given position as established by OPM and NGB. PDs do not list every duty or task an employee may be assigned. 

2. The Agency will ensure employees are aware of their assigned duties and that the duties and responsibilities of the current PD accurately reflect the work being performed. Supervisors will review the PD with the employee on an annual basis IAW Appendix G, usually in conjunction with their performance appraisal, or as requested by the employee. Newly hired employees will review and sign a copy of their official PD during their initial performance planning meeting. Signing their PD serves as a record and acknowledgement that they have reviewed and understand their assigned duties. Employees will also receive a copy of their PD for their personal record and reference.

3. Employees concerned that they could be performing duties outside the scope of their position description (either higher or lower graded duties) may request the Agency conduct a review of their position, through their supervisor. Employees not satisfied with the results of the position review may file a classification appeal with OPM. 

4. When a PD is determined to be inaccurate, is changed or updated the supervisor will coordinate with CPAC-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 CPAC-Classification 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.

Section 17.2 – Details and Other Duties as Assigned

1. A detail is the temporary assignment of an employee to a different position for a specified period, with the employee returning to regular duties at the end of the detail. This includes temporarily detailing an employee to supervisory duties as ‘second-in-charge’ or ‘temporarily-in-charge’ of other employees to cover for brief periods of absence of the regular supervisor. 

2. Prior to placing an employee on a temporary detail, a request will be submitted to CPAC-Staffing using Standard Form (SF) 52, to include position title, and the start and end date of the detail. CPAC-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 issued a memorandum explaining the start and end date of the detail as well as their duties and responsibilities. The action will also be recorded in the employee’s electronic official personnel folder (eOPF). 

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. If an employee is assigned duties of a higher pay grade for a period in excess of fourteen (14) days, either consecutive or aggregate, during any one-hundred and twenty (120) day period, the employee should be temporarily promoted to the higher paying position. 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 5 CFR § 550.1404.

7. When an employee’s local access to classified information is suspended pending DoD CAF review, the Agency shall 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. Employees who perform higher-graded duties without compensation in violation of Section 17.2(5) shall be considered to have suffered an unjustified or unwarranted personnel action and shall be entitled to retroactive compensation IAW 5 CFR Subpart H – Back Pay for a period of up to six (6) years prior to the day that they file a claim under the negotiated grievance procedure contained in Article 12. Back pay claims are considered continuing violations for the purposes of the time limits contained in Article 12.   

Section 17.4 – Relocation Expenses

1. An employee whose duty station changes as a result of a voluntary or 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. Subject to funding availability, the Agency agrees to provide job related training and development for employees, as necessary, to accomplish the mission of the PEC ILE 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. 

4.  All employees shall have an equal opportunity to receive training. Management has the right to determine employee training needs. When management determines that training is needed, it will be provided to employees required to attend during regular duty hours.  

5. New or changes to existing training requirements, to include changes to a process or product that impacts or affects the material being taught, TRADOC requirements, or teaching techniques being implemented by PEC, and that affect conditions of employment and/or an employee’s performance evaluation and rating, cannot be enforced until employees have been notified of the new or changed requirements and trained as necessary. 

Section 18.2 – Personal Development

1. To the greatest extent possible and barring any disruption to the mission of the PEC ILE, 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, that will equip them for more effective work in the Agency.

2. 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.

3. 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.

4. A request for work-schedule adjustment under this Section must be submitted a minimum of fifteen (15) days prior to the beginning of the applicable school period or semester for which the schedule will apply. 

Section 19.1 – Policy

1. The Agency will ensure employees are free from workplace discrimination and/or violence from other Agency personnel and will notify employees about their EEO rights and whistleblower protections, the process for filing either a complaint or grievance concerning a discriminatory or workplace violence matter, the process for requesting a reasonable accommodation, and their right to be free from reprisal when filing a complaint or grievance or a reasonable accommodation request.

2. The notices required in Paragraph 1 shall be provided to employees during initial in-processing and annually (See Appendix G).

3. For the purposes of this Section, the term “Agency personnel” includes any individual who is employed, contracted, sponsored, or is a guest of the Agency (i.e., including students from other agencies) regardless of their duty status, to include personnel on active military duty. 

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

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

   c. Denial of a reasonable workplace accommodation that you need because of your religious beliefs, disability, or pregnancy, childbirth, or related medical conditions.

   d. Retaliation because you complained about job discrimination or assisted with a job discrimination investigation or lawsuit.

Section 19.3 – Protective Measures 

1. In cases where an employee alleges that they are a victim of sexual assault or sexual harassment, or that they have or may be subject to threats, intimidation, and/or workplace violence by other Agency personnel for any substantiated reason to include from their raising a claim or complaint under this Section, to include allegations against an immediate supervisor, a co-worker assigned to the same work section, or any other individual employed by the Agency in any type of duty status within close proximity to the complainant (i.e., where the complainant and accused do not work in the same area but are likely to interact on a daily basis), the Agency shall issue no-contact orders to all parties involved and may also unilaterally consider temporarily reassigning some or all of the individual(s) involved in order to reduce the potential for further conflict pending investigation of the matter. Any preemptive no-contact order or reassignment issued under this Paragraph shall be temporary and shall not have an adverse impact on any of the individuals involved. 

2. Paragraph 1 notwithstanding, an employee who makes a credible and/or substantiated claim of fear of reprisal and or fear of physical violence because of their filing a complaint or an allegation of discrimination, sexual harassment, sexual assault, or workplace violence may request that the Agency reassign them immediately to a different position and or work location either temporarily or on a permanent basis. The request shall be submitted in writing and must include an explanation of the reasons for their concerns, how the reassignment would alleviate their fear, and whether the reassignment would be temporary or permanent. Request for transfers under this Section shall be expedited and shall not be unreasonably denied. In lieu of or while awaiting a decision on a transfer request, the employee may be temporarily placed on administrative leave as a way to ensure their safety.

3. The Agency shall provide a written response no later than forty-eight (48) hours after receipt of a request under this Section. If the request is denied the Agency shall state the reason(s) for their decision, to include justification of any claims of undue hardship or negative impacts on its ability to accomplish the mission. 

4. The Agency may be required to report any allegations or instances of violence, to include sexual assault, to a local law enforcement agency having jurisdiction over the location where an incident occurs.  

Section 19.4 – Reasonable Accommodation (RA)

1. The Agency shall maintain a program that complies with the requirements of this Article. The Agency will provide reasonable accommodation (RA) to qualified individuals with disabilities who are employees, unless doing so would cause undue hardship. 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. There are three categories of reasonable accommodation:

   a. Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; 

   b. Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; and,

   c. Modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

3. Examples of RA include, but are not limited to:

   a. Job restructuring;

   b. Modified or employee-specific leave procedures;

   c. Modified work schedules;

   d. Modified workplace policies to include telework; and,

   e. Reassignment.

4. The only statutory limitation on providing RA is if it would cause “undue hardship” to the Agency. Undue hardship means the Agency would experience significant difficulty or expense in providing the specific accommodation. Undue hardship also refers to RAs that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the how the Agency conducts business. The Agency cannot arbitrarily deny RAs by claiming undue hardship and is required to do a case-by-case analysis for each individual employee’s request as to whether a particular RA would cause undue hardship. 

5. 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, but the Agency may provide an internal process for requesting RA. However, 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. 

6. A family member, health professional, or other representative such as the Union, may request accommodation on behalf of an employee. For example, a doctor’s note outlining medical restrictions for an employee constitutes a request for RA. 

7. An employee needing RA on an ongoing basis, such as the assistance of a sign language interpreter, needs only to request accommodation once. However, the employee may have to give advance notice each subsequent time the accommodation is needed. 

Section 20.1 – Mail Service

1. The Union shall be authorized to use the Agency’s mail distribution system, including electronic mail system (e-mail), to conduct Union business, which is necessary for the effective representation of bargaining unit employees. Union representatives shall observe all Agency rules and regulations governing the use of mail distribution systems. Failure to do so may result in denial of access of use.

Section 20.2 – 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 20.3 – Bulletin Boards 

1. The Agency will provide space for a bulletin board for the use of the Union in each work site where bargaining unit employees are assigned. The bulletin boards can be of the cork-type or electronic (i.e., television or computer monitors). The bulletin board 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. The cost to purchase, install, and maintain Union bulletin board(s) shall be borne by the Union. 

2. In lieu of installing Union-specific bulletin boards, the Agency may allow the Union to use existing cork or electronic bulletin board space to facilitate the communication of workplace related information only. The Union may not use Agency-provided bulletin board space to post internal Union business or solicit membership. Any costs incurred by the Agency as a result of allowing the Union use of its bulletin board space shall be reimbursed at the prevailing rate charged to other organizations for the same or similar use of Agency facilities/services. 

3. 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.

Section 20.4 – Common Areas

1. 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.   

2. 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. 

3. The Agency will provide adequate and secure vehicle parking adjacent to each worksite where bargaining unit employees are assigned. Each parking lot shall comply with applicable laws and regulations, including the Americans with Disabilities Act (ADA). When adjacent parking is not available, the Agency shall identify an area where employees will be allowed to park their personal vehicles that complies with this Paragraph and shall provide transportation to and from the remote parking location (if applicable). 

4. The Agency agrees to provide adequate common areas (i.e., break areas and/or eating areas) within each facility. 

Section 20.5 – Access to Union Public Internet Sites

1. IAW DoD policy, the Agency will not deliberately or inadvertently deny or block an employee’s ability to access the Union’s public internet sites 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 21.1 – General

1. Unless required otherwise by Federal rules/regulations, the use of government quarters by civilian employees during temporary duty (TDY) assignments, including assignments to a military post, camp, station, or depot owned and operated by the United States Government, is not mandatory and will be at the discretion of the employee. Furthermore, employees will not be required to share quarters with other employees.

2. In some very limited circumstances, the Agency may determine that the use of government quarters by civilian employees is necessary due to the lack of adequate commercial lodging facilities in the temporary-duty location, or when the use of commercial lodging facilities creates a safety concern for the employee. However, in those cases, an employee’s grade and/or step may not be used to determine accommodation arrangements. In these circumstances, the Agency will ensure equitable treatment when management and employees are on the same or similar missions, meaning that both management and employee personnel quarters will observe the same living arrangements, and that accommodations will be of equal standard (i.e., employee quarters will be of the same quality as those of their management counterparts). 

3. The Parties agree that 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. Travel and per diem will be paid IAW applicable law and regulation.

2. 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 with a written explanation.

3. 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. 

4. 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.

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

Section 21.3 – Temporary Duty (TDY) Assignments

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

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 it would be seriously handicapped in carrying out its functions or that costs would be substantially increased.

6. When requiring TDY, supervisors should take into consideration any personal hardships that TDY work may cause the affected employee(s). 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, law enforcement agency, or agency responsible for US personnel security (e.g., US Department of State) 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. 

3. When an employee is assigned to perform TDY under the control of an entity other than the PEC, the Agency will notify said TDY entity that their personnel are covered and will abide by the provisions of this Agreement.

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. 

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.

3. An employee and their supervisor shall meet, face-to-face, 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 with 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. 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 thirty (30) days after the end of a specific rating period, the employee may file a grievance in order to compel the Agency to provide them with a final rating for the time period in question. Upon grievance settlement, and if the final rating would have otherwise entitled the employee for an award, the employee may file for retroactive compensation.    

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 minimum of thirty (30) but no more than ninety (90) day 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.

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. 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.

5. An employee who may be subject to adverse action based on unacceptable performance, but who has filed for a disability retirement prior to the end of the rating period during which the unacceptable performance took place, may be retained in their current position until the end of the pay period in which OPM adjudication is received.  

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 their most recent rating of record was at a fully successful level or higher. The Agency may not delay a WGI, except for unacceptable performance. 

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 thirty (30) to ninety (90) days (commensurate with the notice period in Section 22.3(1)(a)) 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 of rewarding those employees that consistently excel in the performance of their duties. 

2. The Agency will negotiate and implement an Incentive Awards Program policy to become effective NLT June 1, 2024. 

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 other programs offered (i.e., Military One Source, Military Family Life Consultants, VA, etc.). 

2. Supervisors may refer employees to EAP at any time, however, participation in the program is strictly voluntary. Excused absence may be granted for the initial visit when participation is per the referral of the Agency. 

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, because 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 in 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 PEC ILE. 

2. IAW Section 6.2, 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 work out.

Section 25.1 – 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). 

Section 25.2 – Labor/Management Relations (LMR) Training

1. IAW Section 6.7, 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 Agency. 

2. Requests to be excused in order to attend Union sponsored training will be submitted, with justification to the supervisor and PEC HR Specialist, as soon as possible but no later than thirty (30) days prior to the training session.

3. Approval/Disapproval notice will be returned by e-mail no later than fifteen (15) days after the request is received IAW Paragraph 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 attendance is required to verify excused absence.

6. Verification of attendance will be given to immediate supervisors for timekeeping 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 25.3 – Orientation of Employees

1. All new employees shall be informed by the Agency that the Union is their exclusive representative.

2. The Union will be allowed thirty (30) minutes annually to brief employees on their rights and the Union’s role in the workplace. These briefings are consistent with the Union’s representational duties under the Labor Statute, are not considered internal Union business, and shall be accomplished during duty hours. 

Section 25.4 – Enhancing Labor Management Communication 

1. The Parties acknowledge a common interest in improving operations of the PEC, and the wellbeing of its employees. To this end, the Parties may meet periodically, and upon request, to discuss matters of importance affecting the workplace, and consider suggested improvements in the areas of personnel policies, practices, and working conditions. 

2. 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. Individual employee grievances, complaints, disputes, or other administrative actions for which an employee has the right for redress or due process as provided for in this Agreement, or as required or provided for by law, rule, and regulations, may not be considered in this forum.  

5. Any action proposed by either Party that would affect employee conditions of employment shall be subject to the requirements of Section 6.2 prior to implementation unless the Parties agree otherwise. Any such agreement shall be made in writing and included as part of historical minutes required by Paragraph 6 (below).  

Section 25.5 – Requests to Meet with the PEC Commander and/or Chief of Staff

1. The Parties agree to maintain an ‘open door policy’ that encourages formal and informal discussion of matters that are of mutual concern. To facilitate this policy, the PEC Commander and/or Chief of Staff agrees to meet with Union Representatives for a reasonable amount of time in order to discuss matters identified in this Section. 

2. No later than thirty (30) days after a request is submitted, the PEC Commander and/or Chief of Staff shall meet with Union Representatives to discuss subjects related to conditions of employment, working conditions, and/or the Agency’s ability to accomplish its mission. Face-to-face meetings are preferred; however, the Parties can mutually agree to use teleconferencing when circumstances do not allow one or several attendees from being physically present. 

3. An agenda of new, tabled, and/or closed topics to be discussed shall be included at the time a meeting request is submitted under this Section. Discussion of individual employee grievances or appeals will not be allowed. Also, if a matter can be resolved at a lower level of management, all efforts to achieve resolution should be exhausted prior to submitting the matter at this level.  

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

   a. Business Manager.

   b. Union Steward(s).

   d. Union Legal Counsel.

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

Section 26.1 – General

1. The Agency agrees to implement a Drug Free Workplace Program (DFWP) for employees in compliance with Executive Order 12564 and 5 U.S.C. Section 7301. This program provides a mechanism for employee assistance and employee education regarding the dangers of drug abuse.

2. It is every employee's responsibility to comply with the DFWP. Any illegal drug use, or abuse of legal drugs by employees has an adverse impact on the accomplishment of the Agency’s mission and will not be tolerated.

3. Employees are cautioned to take note that, regardless of individual local legislation or initiatives, the use of any Federal Controlled Substances Act, Schedule I drug, whether for nonmedical or ostensible medical purpose, violates Federal law and the Federal Drug Free Workplace Program. It is also inconsistent with
erformance of safety-sensitive, health sensitive, and security-sensitive positions, and with other testing circumstances.

4. In general, and given the mission, the Agency has reason to operate a comprehensive toxicology testing program including pre-employment testing, random employee testing, reasonable suspicion testing, post-accident testing, post- substance abuse treatment testing, and voluntary testing.

5. Any program that subjects Agency employees to toxicology testing shall be administered IAW DoD Rules and Regulations.

Section 27.1 – 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.  

2. Telework is not an entitlement; however, the determination to approve or deny a telework request shall be based on the individual circumstances of the employee making the request and how such a request impacts the Agency mission.  

3. Once approved, an employee’s telework authorization shall not be changed or cancelled, except when the Agency determines that the mission would be negatively impacted. The Agency may also discontinue an employee’s telework authorization due to substandard performance or misconduct. When the Agency determines that a telework authorization needs to be changed or adjusted, either temporarily or permanently, the employee will be provided notice a minimum of fifteen (15) days in advanced, to include justification. If a telework authorization is cancelled due to performance or misconduct, it does not prevent the employee from requesting telework at a future date.

4. An employee’s request to telework 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.).  

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OFFICIAL TIME AUTHORIZED USE

1. Grievances: Include time investigating and processing grievances under the LMA to include arbitration when applicable. 

2. Formal Discussions and Weingarten: Time involved in attending formal discussions and investigative examinations with employees.

3. Negotiations Table Time: Actual time spent at the bargaining table for mid-term negotiations. Include formal negotiations over a proposed change in activity policy, informal negotiations, and impact and implementation bargaining.

4. Negotiations Preparation Time: Time spent preparing and developing proposals for above mid-term bargaining subjects.

E. ULP Proceedings: Time spent preparing, processing, or participating in a ULP. 

F. TRAINING

G. OTHER (SPECIFY): All other official representation events including but not limited to Union/Management briefings, Safety meetings or Labor/Management committee meetings.

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1. The Agency will ensure employees are notified of the following subjects annually:

   a. IAW Section 5.1(1)(b), the Collective Bargaining Agreement (CBA) and how it applies to their employment with the Agency.

   b. IAW Section 5.5(2)(b), their Weingarten Rights to Union representation.

   c. IAW Section 11.5(1), their entitlement to medical and loss-of-pay benefits under the Federal Employee’s Compensation Act (FECA), also known as Workers Compensation.

   d. IAW 17.1(2), a review of their PD.

   e. IAW Sections 5.2(1) and 19.1(1), their EEO rights and whistleblower protections, the process for filing either a complaint or grievance concerning a discriminatory or workplace violence matter, the process for requesting a reasonable accommodation, and their right to be free from reprisal when filing a complaint or grievance or a reasonable accommodation request.

This Agreement was executed by the Parties on October 27, 2023: 

For the Union

Ben Banchs

Chief Negotiator

Jeff T. Bowlan

Negotiator

Damon A Leavitt

Negotiator

Matyah G. Osborn

Negotiator

Ja'net Vallotton

Negotiator

For the Agency

Brien L. Aldridge

Negotiator

LTC Natalie G. Borwn

Chief Negotiator

Jason R. Harvey

Negotiator

Benjamin Lenford

Negotiator

Bradley A. Long

Negotiator

Robert G. Merkel

Negotiatior