TABLE OF CONTENTS

ARTICLE TITLE PAGE

Article One Preamble

1-1 Mutual Goals 9

1-2 Supervisory Awareness 9

Article Two Exclusive Recognition and Coverage

2-1 Bargaining Unit 10

2-2 Application 10

Article Three Management Rights

3-1 Law 11

3-2 Prohibited Negotiations 11

3-3 Permissible Negotiations 11

Article Four Technician Rights

4-1 Policies 12

4-2 Employee Participation 12

4-3 Employer Responsibilities 13

Article Five Labor Organization Rights and Duties

5-1 Exclusive Representative 14

5-2 Representation 14

5-3 Discrimination 14

5-4 Prohibited Activities 14

5-5 Enforcement 15

5-6 Internal Business 15

Article Six Labor Organization and Shop Stewards

6-1 Executive Council 16

6-2 Steward Assignments 16

6-3 Number of Stewards 16

6-4 Shop Stewards 16

6-5 List of Officers and Stewards 16

Article Seven Business Office and Administrative Cooperation

7-1 Office 17

7-2 Telephone 17

7-3 Furniture 18

7-4 Bulletin Boards 18

7-5 Copiers and Computers 18

7-6 Distribution 18

7-7 Publication/Distribution of the Contract 19

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Article Eight Technician Chain of Supervision

8-1 Establishment / Posting 20

8-2 Employee Title 20

8-3 Appointment of Acting Supervisor 20

Article Nine Government Property and Equipment

Use of Equipment

9-1 General 21

9-2 Responsibilities 21

9-3 Turn-In of Equipment 21

Article Ten Community Support

10-1 Civic Responsiveness 22

10-2 Support 22

Article Eleven Work Attire

11-1 Military Uniforms 23

(c,d,e awaiting FSIP Ruling)

11-2 Protective Clothing and Work Uniform 24

(Awaiting FSIP Ruling)

11-3 Dress Requirements 24

11-4 Lockers 24

Article Twelve Pertinent Information

12-1 Employer Information 25

12-2 Labor Organization Information 25

12-3 Bargaining Unit Members 25

12-4 Supervisors List 25

12-5 Exclusion From The Bargaining Unit 25

12-6 Employee Manning Document 26

12-7 Correspondence 26

Article Thirteen New Employee Counseling Procedures

13-1 Information 27

13-2 Familiarization 27

13-3 Health Benefit Briefing 28

13-4 Retirement Information 28

13-5 Identification Cards 28

Article Fourteen Employee Personnel Files

14-1 Records / Folders 29

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Article Fifteen Payroll Deductions

15-1 Purpose 30

15-2 Technician Eligibility 30

15-3 Dues Allotment 30

15-4 Allotment Authorization Procedures 31

15-5 Revocation 31

15-6 Responsibilities 31

15-7 Exclusionary Provisions From Labor- 33

Management Relations Agreement

Article Sixteen Hours of Work

16-1 Administrative Work Week 34

16-2 Hours of Work 34

16-3 Premium Pay 34

16-4 Lunch Periods 34

16-5 Breaks 35

16-6 Alternate Work Schedules 35

16-7 Differential Pay 36

16-8 Shift Changes Notification 36

16-9 Selection Criteria For Tour and Shift Changes 36

16-10 Exemptions From Shift / Tour Rotations 37

16-11 Clean Up Time 37

16-12 Compensatory Time 38

16-13 Call Back 39

16-14 Holiday Work 39

16-15 Standby 39

16-16 Administrative Dismissal 39

16-17 Schooling 40

Article Seventeen Employee Assistance Program

17-1 Policy 41

17-2 Program Responsibility 41

17-3 Personnel Actions 42

Article Eighteen Leave

18-1 Annual Leave 43

18-2 Sick Leave 44

18-3 Court Leave 45

18-4 Excused Absence 46

18-5 Leave Without Pay (LWOP) 48

18-6 Absences For Firefighter and Ambulance Crews 49

18-7 Absence Without Leave (AWOL) 49

18-8 Holidays 49

18-9 Military Leave 50

18-10 Leave Status While Entitled To 51

Incapacitation Pay

18-11 Maternity / Paternity Leave 51

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18-12 Family Medical Leave Act 51

18-13 Religious Liberty 52

18-14 Leave Transfer 52

Article Nineteen Official Time for Labor Organization

Representatives

19-1 Official Time 53

19-2 Appropriate Uses Of Official Time 53

19-3 Representative Training 54

19-4 Civilian Attire 55

19-5 Record Keeping 55

19-6 Compensatory Time 56

19-7 Full Time Representatives 56

Blank Form: Use of Official Time by Labor 57

Organization

Article Twenty Time Attendance And LES Records

20-1 Time and Attendance Cards 58

20-2 Posting Of Time And Attendance Cards 58

20-3 Time And Attendance Inaccuracies 58

20-4 Leave And Earnings Statement 58

Article Twenty-One Details 59

21-1 Details

Article Twenty-Two Merit Promotion and Internal Placement

Awaiting FSIP ruling

22-1 Purpose 60

22-2 General 60

22-3 Definitions 60

22-4 Scope 63

22-5 Responsibilities 63

22-6 Areas of Consideration 65

22-7 Actions Exempt from Competition 65

22-8 Temporary Promotions 67

22-9 Temporary Employees 68

22-10 Vacancy Announcement 68

22-11 Evaluating and Ranking Applicants 70

22-12 Job Evaluation 70

22-13 Interviews 72

22-14 Release of Employees 72

22-15 Resolving Dissatisfaction 73

22-16 Merit Placement Forms 73

Article Twenty-Three Position Description

23-1 Position Description 75

23-2 Other Duties as Assigned 75

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23-3 Additional Duties 75

23-4 Policy 75

Article Twenty-Four Job Performance Standards and

Performance Ratings

24-1 General 76

24-2 Levels of Performance 77

24-3 Unacceptable 77

24-4 Trial and Probationary Appraisals 78

24-5 Appraisals While on Detail 79

24-6 Postponement of Annual Performance

Appraisals 79

24-7 Records 79

24-8 Personnel Decisions Based on Performance 79

24-9 Actions Based on Below Standards Performance 79

24-10 Outstanding Performance 80

24-11 Appeals 81

24-12 Appraisal Period 81

24-13 Temporary Supervisor Duties 81

Article Twenty-Five Training

25-1 Training 82

Article Twenty-Six Health, Safety and Welfare

26-1 General 84

26-2 Workers Compensation 84

26-3 Temperature Restrictions 84

26-4 Safety Glasses 85

26-5 Hazardous Material Communication 85

26-6 Training Program

Survey 86

26-7 Hazard Reporting 86

26-8 Physical Fitness 87

26-9 Federal Employees Health Benefits 88

26-10 Tobacco 88

Article Twenty-Seven Environmental/Hazard Differential Pay Committees

27-1 Purpose 89

27-2 Coverage 89

27-3 Policy 89

27-4 Responsibilities 90

27-5 Hazardous Duty Pay (HDP) 91

27-6 Environmental Differential Pay (EDP) 93

27-7 Documentation of EDP-HDP Exposure 98

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Article Twenty-Eight Radios 99

Article Twenty-Nine Discipline

29-1 General 100

29-2 Non-Disciplinary Corrective Action 100

29-3 Disciplinary Corrective Action 101

29-4 Adverse Actions 102

29-5 Records 103

29-6 Representation 104

Article Thirty Technician Travel

30-1 Authorization 105

30-2 Per Diem 105

30-3 Seven Days Notice 105

30-4 Transportation and Quarters 106

Article Thirty-One Wage Survey

Labor Organization Participation 107

Article Thirty-Two Classification Actions

General 108

Article Thirty-Three Reduction-In-Force

33-1 General 110

33-2 Procedures 110

33-3 Definitions 111

33-4 HRO Responsibilities 112

Article Thirty-Four Grievance Procedures

34-1 General 113

34-2 Employee Informal Grievance 114

34-3 Formal Grievance 114

34-4 Labor Organization/Management Grievance 116

34-5 Exclusion 116

34-6 Arbitration Procedures 117

34-7 Witnesses 118

Grievance Form 119

Article Thirty-Five Contracting Out

35-1 General 120

35-2 Impact and Implementation Bargaining 120

35-3 Third Party Intervention 120

Article Thirty-Six Impact Bargaining

36-1 Purpose 121

36-2 Appropriate Matters for Impact and

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Implementation Bargaining 121

36-3 Changes Affecting Working Conditions 121

36-4 Meetings 121

Article Thirty-Seven Agreement Administration

37-1 Effective Date 123

37-2 Agency Approval 123

37-3 Agreement Duration 123

37-4 Agreement Precedence 123

37-5 Agreement Amendments/Supplements 124

37-6 Negotiating a New Agreement 124

Glossary of Terms 125

Appendices

Appendix A Examples of EDP/HDP Pay Situation ………………..…A-1 128

Appendix B Request for Hazardous Duty or EDP Determination….…B-1 140

Appendix C Certificate of Authorization for EDP (NGB Form 104)....C-1 142

Authentication Page 143

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ARTICLE ONE

PREAMBLE

Pursuant to the policy set forth in Public Law, this contract and such amendments,

changes and supplements thereto, as duly approved, constitute a collective bargaining

agreement between the Association of Civilian Technicians, Lone Star Chapter,

hereinafter referred to as the "Labor Organization", and the Adjutant General, State of

Texas, hereinafter referred to as the "Employer". Wherever language in this Agreement

refers to specific duties or responsibilities of specific employees or management officials,

it is intended only to provide a guide as to how a situation may be handled. It is agreed

that the Employer retains the sole discretion to assign work and to determine who will

perform the function discussed.

1-1 MUTUAL GOALS

The public interest demands the highest standards of performance and the

continued development and implementation of modern and progressive work practices to

facilitate and improve performance and the efficient accomplishment of the operations of

the Texas Army National Guard. This agreement identifies the following mutual goals of

the parties.

a. To promote and improve the efficient administration and operation of the

Texas Army National Guard and the well-being of its employees within the meaning of

Public Law.

b. To establish a basic understanding relative to personnel policy, practices and

procedures and matters affecting other conditions of employment within the jurisdiction

of the Employer.

c. To provide means for amicable discussion and adjustment to matters of mutual

interest.

d. Promote employee communications and information of personnel policy and

procedures.

1-2 SUPERVISORY AWARENESS

The Employer will ensure that all supervisors are fully aware of the provisions of

the agreement.

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ARTICLE TWO

EXCLUSIVE RECOGNITION AND COVERAGE

2-1 BARGAINING UNIT

The Employer recognizes that the Association of Civilian Technicians is the

exclusive representative of all technicians in the bargaining unit.

a. INCLUDED: All Texas Army National Guard wage grade and general

schedule technicians.

b. EXCLUDED: All managerial and supervisory technicians, to include those

technicians involved with Federal personnel work in other than purely clerical capacity.

NOTE: In applying this paragraph, Sec. 7112 Public Law 95-454 pertaining to

supervisors and others who must be excluded from the bargaining unit will prevail. In

addition, changes to the bargaining unit will be through mutual consent or as determined

by a Labor department clarification of the bargaining unit.

2-2 APPLICATION

This agreement, to include all articles herein, is applicable to bargaining unit

technicians in the Texas Army National Guard without discrimination and without regard

to membership in the Labor Organization.

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ARTICLE THREE

MANAGEMENT RIGHTS

3-1 LAW

Management officials of the agency retain these rights, in accordance with

applicable laws and regulations:

a. To determine the mission, budget, organization, number of employees, and

internal security practices of the employer.

b. To hire, assign, direct, layoff and retain employees of the employer, or to

suspend, remove, reduce in grade or pay, or take other disciplinary action against such

employees.

c. To assign work, to make determination with respect to contracting out, and to

determine the personnel by which the employers operations shall be conducted.

d. With respect to filling positions, to make selection for appointments from:

(1) Properly ranked and certified candidates for promotion; or

(2) Any other appropriate source.

e. To take whatever actions may be necessary to carry out the agency mission

during emergencies.

3-2 PROHIBITED NEGOTIATIONS

Nothing in this agreement shall impose upon the Employer the obligation to

negotiate with the Labor Organization on matters with respect to the mission of the

Employer, its budget, its organization and the number of employees.

3-3 PERMISSIBLE NEGOTIATIONS

The Employer agrees to bargain permissible subjects with the Labor Organization

in accordance with 5 U.S.C. 7106(b)(1) and/or Executive Order. Nothing in this

agreement shall preclude the parties from negotiating procedures, which the Employer

will observe in exercising any authority in carrying out the above rights. Nothing in this

agreement precludes negotiating appropriate arrangements for employees adversely

affected by the exercise of any authority of the above rights by the Employer.

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ARTICLE FOUR

TECHNICIAN RIGHTS

4-1 POLICIES

Parties to this agreement recognize that, "each employee shall have the right to

form, join, or assist any Labor Organization, or to refrain from such activity, freely and

without fear of penalty or reprisal, and each employee shall be protected in the exercise of

such right". Except as otherwise expressed in Public Law 95-454, the freedom of such

employees to assist the Labor Organization shall be recognized as extending to

participation in the management of, and acting for, the Labor Organization in the capacity

of an organization representative, including presentation of its views to officials of the

executive branch, the Congress, or other appropriate authority. Nothing in this agreement

shall require an employee to become or to remain a member of a Labor Organization, or

to pay money to the Labor Organization except pursuant to a voluntary, written

authorization by a member for the payment of dues through payroll deductions. In

addition, the employee is not precluded from being represented by an attorney or other

representative, other than the Labor Organization, of the employees own choosing, or

exercising grievance or appellate rights established by law, rule or regulation except in

cases of negotiated grievance or appeal procedure.

4-2 EMPLOYEE PARTICIPATION

a. The terms of this agreement do not preclude any technician of the agency from

bringing matters of personal concern to the attention of appropriate officials of the Texas

National Guard and/or the Labor Organization in accordance with applicable laws and

regulations.

b. The Employer recognizes the right of employees to organize and express their

views collectively or to refrain from such activity; that collective employee participation

in the formulation and implementation of personnel policies affecting the employees

contribute to the effective conduct and the efficient administration of the Texas Army

National Guard; and the well being of its employees require that orderly and constructive

relationships be maintained.

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4-3 EMPLOYER RESPONSIBILITIES

The Employer shall take such action, consistent with law or with directives from

higher authority, as may be required in order to assure the employees are appraised of the

rights described in this Section, and that no interference, restraint, coercion, or

discrimination is practiced within the agency to encourage or discourage membership in

the Labor Organization. The Employer agrees to continue to demonstrate its affirmative

willingness to bargain with the Labor Organization and its representatives. Existing

regulations maintained by management affecting personnel policies, practices, and

working conditions will be made available to employees when requested.

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ARTICLE FIVE

LABOR ORGANIZATION RIGHTS AND DUTIES

5-1 EXCLUSIVE REPRESENTATIVE

The Labor Organization is the exclusive representative of the bargaining unit and

is entitled to act for, and to negotiate agreements covering, all technicians in the

bargaining unit. The Labor Organization is responsible for representing the interests