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
of
all members of the bargaining unit it represents without discrimination and without regard
to Labor Organization membership.
5-2 REPRESENTATION
An exclusive representative of the local Labor Organization shall be given the
opportunity to be represented at any formal discussion between one or more
representatives concerning any grievance or any personnel policies or practices, or other
general conditions of employment. A representative of the local Labor Organization shall
be given the opportunity to be represented at any examination of an employee in the unit
by a representative of the Employer in connection with an investigation if the employee
reasonably believes that the examination may result in disciplinary action against the
employee and if the employee requests the representation.
5-3 DISCRIMINATION
The Labor Organization will not interfere with, restrain, or coerce any employee
in the exercise of their rights under law. The Labor Organization will not coerce,
discipline, fine, or attempt to coerce a member of the Labor Organization as punishment,
reprisal, or for the purpose of hindering or impeding the member's work performance or
productivity as an employee, or the discharge of the member's duties as an employee.
The Labor Organization will not discriminate against an employee with regard to the
terms or conditions of membership in the Labor Organization on the basis of race, color,
religion, national origin, sex, age, political affiliation, marital status or handicapping
condition.
5-4 PROHIBITED ACTIVITIES
The Labor Organization will not call or participate in, a strike, work stoppage, or
slowdown, or in the picketing of the Employer in a Labor/Management dispute if the
intent of such picketing interferes with the Texas Army National Guard operations. The
Labor Organization will not condone any such activity by failing to take action to prevent
or stop such activity.
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5-5 ENFORCEMENT
The Labor Organization recognizes the joint responsibility with the Employer for
the administration and enforcement of this agreement.
5-6 INTERNAL BUSINESS
It is agreed that internal Labor Organization business such as soliciting
membership, collecting dues, electing officers, meetings, posting and distributing
literature will be conducted during non-duty hours of the employees involved.
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ARTICLE SIX
LABOR ORGANIZATION AND SHOP STEWARDS
6-1 EXECUTIVE COUNCIL
The officials of the Labor Organization will consist of the following: An
Executive Council elected by the membership to include: a. President, b. Executive Vice
President, c. Six Regional Vice Presidents, d. Secretary, and e. Treasurer.
6-2 STEWARD ASSIGNMENTS
Stewards will be appointed by the Executive Council. Steward assignments are
also the responsibility of the Executive Council. The representational duties of each
steward will be assigned by the Executive Council as needed, as will each steward's
functional area.
6-3 NUMBER OF STEWARDS
The number of stewards will be sufficient to represent all employees of the
bargaining unit. This number is to be a joint agreement of management and the Labor
Organization with special considerations for TDY and shift work.
6-4 SHOP STEWARDS
The steward is the official Labor Organization representative for the bargaining
unit members and will be consulted by management officials regarding changes in
conditions of employment. It is understood that the stewards may speak for the employees
of the section regarding the provisions of the contract but will not make decisions on
the
intent of any contractual language.
6-5 LIST OF OFFICERS AND STEWARDS
The Labor Organization will furnish a complete list of officers and stewards and
their designated areas after each election or anytime a change occurs.
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ARTICLE SEVEN
BUSINESS OFFICE AND ADMINISTRATIVE COOPERATION
7-1 OFFICE
The employer will provide the labor organization with an adequate office space,
with unrestricted access for all union officers and stewards. The parties agree that
the
Labor Organization needs sole use office space to allow for the full representation of
the
bargaining unit. This space will be private, secure, and of sufficient area to conduct
union business but not less than 175 square feet. The main office will be provided at
Camp Mabry. Space shall be
appropriately furnished and have a dedicated phone line, file
cabinet and typical office furniture found in any ARNG office. Should management need
the office space they are occupying, management agrees to give advance written notice
a
minimum of ninety (90) days in advance. Management agrees to supply like or better
office space should a move be necessary. The move of the office and its contents shall
be
accomplished by bargaining unit members of official time status.
a. At locations remote from the main office, the employer will allow use of
available space in close proximity to employee representatives’ workplaces adequate
for
full employee representation and administrative tasks. Adequate space shall include
space equivalent to space provided agency representatives to conduct representational
duties on behalf of the agency.
b. The employer agrees to furnish wherever practicable Department space on an
Impartial and equitable basis for meetings of the union outside regular working hours.
c. Management agrees to provide access to conference rooms.
d. The office space will be environmentally supported in the same manner as the
rest of the building.
7-2 TELEPHONE
A telephone service with a dedicated line will be provided by the Employer. The
Labor Organization is also authorized the use of the DSN, Texan and Minuteman
(computer bulletin board) systems for official business free of charge. The Employer
will
provide access to a facsimile machine during working hours. Long distance charges will
be borne by the Labor Organization.
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7-3 FURNITURE
The Labor Organization will be afforded access to excess serviceable office
furniture and utilize available furniture under the control of the Adjutant General of
Texas.
7-4 BULLETIN BOARDS
The Employer agrees that the Labor Organization shall be afforded bulletin board
space for the display of Labor Organization material as follows:
a. On existing "consolidated" bulletin board, sufficient space to allow for posting
of Labor Organization material.
b. If sufficient space is not available or there is no "consolidated" bulletin board
in
the facility, or building, the Labor Organization may place one bulletin board per
building. Agreement will be reached with the area supervisor(s) and the shop steward
as
to appropriate location, size and type.
c. Existing bulletin boards will remain in place.
d. If a shop/work area does not have a bulletin board, wall space will be made
available in a high visibility area for the purpose of identifying the shop steward.
The
Labor Organization agrees that if such additional space is required, agreement will be
reached with the area supervisor(s) and the shop steward as to appropriate location,
size
and type.
7-5 COPIERS AND COMPUTERS
The Employer assures the Labor Organization the right to use existing copiers for
official Labor Organization business. Copy requirements in excess of 50 pages will be
accomplished through the Camp Mabry print shop. The
Labor Organization also has the
right to access of a computer terminal and printer when this equipment is not being used
for official business and/or mission requirements. Any software used by the Labor
Organization for its business must be purchased by the Labor Organization in accordance
with applicable copyright laws.
7-6 DISTRIBUTION
a. A distribution box will be provided to the Labor Organization at the Central
Distribution Point.
b. The Employer agrees to deliver any U.S. Mail addressed to an employee at
his/her work location. The Employer has the obligation to ensure that the privacy of
such
mail is protected. However, personal mail should not be mailed to employer address on
a
continuing basis.
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7-7 PUBLICATION/DISTRIBUTION OF THE CONTRACT
The Employer will cause a copy of this agreement to be printed and a copy
furnished to each bargaining unit member currently employed at the time the agreement
becomes effective and that may become employed in the future. The cost of publishing
the agreement will be borne by the Employer.
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ARTICLE EIGHT
TECHNICIAN CHAIN OF SUPERVISION
8-1 ESTABLISHMENT /POSTING
a. Each unit /activity supervisor will establish a technician chain of supervision.
b. The facilities organizational chart will be posted at each installation and armory
as a permanent document on the Bulletin Board where notices to employees are
customarily posted.
8-2 EMPLOYEE TITLE
a. Military grades will not be referenced in technician official personnel folder
records.
b. Communications, either verbal or written, when directed to a Federal Civil
Service Technician in his capacity as a labor organization representative shall not include
any reference to that employee’s title, status or rank within any other organization
outside
of the recognized bargaining unit.
c. This same consideration will also be extended to a bargaining unit member who
is involved in any dispute relative to the bargaining unit member’s employment
or
condition of employment. The appropriate title will be “Mr.” or “Ms.”
8-3 APPOINTMENT OF ACTING SUPERVISOR
Supervisors will appoint, in writing, an acting supervisor who will be in charge in
his absence. A verbal appointment may be made in unforeseen circumstances. The
individual so designated will be the one best suited for this responsibility in the judgment
of the appointing supervisor. If an acting supervisor is a bargaining unit employee who
has not been temporarily promoted into the supervisory position, the supervisory duties
will be limited. They will not have access to technician supervisory work folders IAW
TPM Subchapter 3 and Article 12 of this Agreement. Any disciplinary actions required
during the acting supervisor’s tenure will be referred to the permanent supervisor
or to the
next higher level supervisor.
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ARTICLE NINE
GOVERNMENT PROPERTY AND EQUIPMENT
USE OF EQUIPMENT
9-1 GENERAL
Technicians will exercise proper supervision and care of equipment for which
responsibility has been assumed or assigned.
9-2 RESPONSIBILITIES
Equipment found to be damaged or misused following periods when such
equipment was not within the direct control of the technician concerned will be reported
as soon as possible to the technician's supervisor. In such event, the technicians will
not
be held responsible for such damage or misuse that may occur beyond their control or
through negligence not attributable to them.
9-3 TURN-IN OF EQUIPMENT
An employee will be given a reasonable opportunity to correct minor deficiencies,
if within his capability, that may be required before turn-in of equipment.
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ARTICLE TEN
COMMUNITY SUPPORT
10-1 CIVIC RESPONSIVENESS
The Labor Organization will support management in matters of Texas
Army
National Guard civic responsiveness. The support will normally be in the
form of
participation in such activities as fund drives, blood donor programs, participation
in
civic events and the travel reduction program, fostering pride and responsibility among
unit members. It is understood that such support would be voluntary in nature.
10-2 SUPPORT
The Labor Organization agrees to cooperate with management in these truly
voluntary and worthy efforts and to lend its support to these worthy causes. In conducting
these drives, the parties will be guided by appropriate regulations, which specify that
no
compulsions or reprisals will be tolerated.
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ARTICLE ELEVEN
WORK ATTIRE
11-1 MILITARY UNIFORMS
a. The employer will provide a direct exchange program for worn, torn, or
clothing soiled too badly to be rendered clean and presentable in the performance of
dayto-
day duties. A reasonable amount of duty time will be authorized for the purpose of
exchanging unserviceable uniforms.
b. Technicians in need of replacement uniforms should request the necessary
items from their unit’s supply as soon as possible. The technician will turn in
unserviceable items upon receipt of the new items. Replacement orders will normally be
received at the unit within 14 days from the date of the request. Should the unit not
receive the requested items, the technician will notify the supervisor. The supervisor
will
then request assistance through the appropriate channels to resolve the matter. The
technician will be kept fully advised on the status of the request.
c. To the extent allowed by law and authorized by regulation the employer agrees
to provide uniforms ready to wear in sufficient numbers to Technicians with all required
accouterments attached. At its discretion the employer may allow its resources to be
utilized to affix other uniform accouterments authorized by regulation.
d. Additional items of clothing and equipment are essential to the health, safety,
comfort, and efficient functioning of personnel. Full-time and indefinite bargaining
unit
employees, performing maintenance, supply and warehouse functions, at their discretion,
will receive supplemental allowances for organizational clothing and equipment items
authorized in quantities over and above initial allowances. Therefore, the agency will
authorize the following supplemental items:
1. Cap, cold weather 1ea
2. Coveralls, lightweight 2ea
3. Underwear, top polypropylene 1ea
4. Underwear, bottom polypropylene 1ea
e. For those bargaining unit employees who are required to wear a prescribed
uniform not furnished by the employer (i.e., warrant and commissioned officers) will
be
furnished an allowance in accordance with 37 USC §§ 415, 416 and 417.
f. For those employees who are required to fly, special uniform items, (e.g. flight
suits, helmets, survival vests, extreme cold weather flight gear, Nomex
gloves, Nomex
jackets, etc.), will be provided and replaced by the employer, at no expense to the
employee, as per AR 95-1 chapter 3 and AR 385-10 Chapter 6.
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g. Employees who normally wear protective coveralls while performing their
duties must maintain one (1) set of serviceable BDU, to include appropriate hat, boots,
and military accessories, at the work site in the event the mission requires a change
of
clothing.
11-2 CLOTHING CONTAMINATION
Maintenance, supply, and warehouse employees who have the potential for exposure to
hazardous substances should maintain an additional change of clean work attire. Items
of
work attire that become contaminated with hazardous and or toxic substances, at the
discretion of the supervisor, will be turned in to the agency, and at its discretion
either
washed and returned or replaced. Disagreements that arise over levels of contamination
or toxicity may be settled through Federal, State or local environmental and or health
regulations.
11-3 DRESS REQUIREMENTS
If no dress requirement is stated, military uniforms shall be optional for all nonmilitary
sponsored activities. If civilian attire is worn, it shall be appropriate for the
function attended.
11-4 LOCKERS
a. The employer to those employees that must make clothing or uniform changes in
connection with their employment will make every available effort to furnish
adequate lockers.
b. Where government lockers are furnished to an employee, for personal use, the
user shall maintain them in a clean and orderly manner. In case of emergency,
such as fire or other danger to the contents of the locker, it may be opened and the
contents moved to a safe place. There is no expectation of privacy in an Agency
furnished locker. Access by employer will be in accordance with applicable law.
c. Lockers and/or storage space shall be provided for Personal Protective Equipment
(PPE). The employer agrees to insure security of individual issue PPE when
stored in a common use storage area.
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ARTICLE TWELVE
PERTINENT INFORMATION
12-1 EMPLOYER INFORMATION
The Employer agrees to make available all pertinent policies and directives of the
agencies, (NGB, DOD and OPM), to include changes, during normal duty hours when
requested by the Labor Organization.
a. The employer agrees the Labor Organization will also be placed on direct
distribution for the following: HRO Newsletters, Job Announcements, and Adjutant
General Policy letters.
b. The Human Resources Office (HRO) shall maintain an open-door policy for
any employee requesting information concerning their assignment or employment.
c. Copies of appropriate regulations, publications, directives and personnel
policies concerning technician employment will be available in administrative areas and
may be examined by any employee upon request. Requests to review regulations filed
outside of the work area will be submitted to the employee’s supervisor.
12-2 LABOR ORGANIZATION INFORMATION
The Labor Organization agrees to provide the Employer with any pertinent
Labor/Management relations’ publications and directives that they receive.
12-3 BARGAINING UNIT MEMBERS
The Employer agrees to supply the Labor Organization with a current list of
names and work locations of all bargaining unit members. Such list to be updated upon
request by the Labor Organization.
12-4 SUPERVISORS LIST
A list of supervisory positions and names will be provided to the Labor
Organization upon request.
12-5 EXCLUSION FROM THE BARGAINING UNIT
The Employer agrees to supply the Labor Organization with an initial list of
names and work location/positions of all non-supervisory non-managerial technicians
excluded from the bargaining unit as determined by the Statute. HRO will notify the
union president of any subsequent changes to the published list.
26
12-6 EMPLOYEE MANNING DOCUMENT
The employer agrees to furnish the labor organization a copy of the Support
Personnel Manning Document (SPMD) for the TXARNG. Such document shall be
provided upon request.
12-7 CORRESPONDENCE
Correspondence directed between the employer and the labor organization will be
handled in a timely manner. Unless a response to a written inquiry from either party
can
be transmitted within ten (10) working days of receipt, the responding party shall contact
the inquiring party and obtain an extension of time in which to respond. Such extensions
shall not unreasonably be withheld. Inquiries from individual employees, with respect
to
matters covered by this agreement, will be processed through administrative channels
in a
similar timely manner.
27
ARTICLE THIRTEEN
NEW EMPLOYEE ORIENTATION PROCEDURES
13-1 INFORMATION
a. The Employer will establish and follow procedures to assure that a new
employee will be counseled on all aspects of technician employment within the first five
working days after employment.
b. Orientation will be accomplished by a representative of the Human Resources
Office (HRO) or a remote designee knowledgeable in the broad aspects of employment
within the program.
(1) A checklist will be prepared to cover general aspects of technician
employment that a new employee must be made aware of. The Union will be
given the opportunity to review the checklist, to include any locally prepared
informational handout for new technicians, and may make recommendations,
which will be considered.
(2) The Employer agrees that, as part of orientation, all new technicians
appointed to positions in the bargaining unit shall be informed that the
organized exclusive bargaining unit is the Texas Lone Star Chapter,
Association of Civilian Technicians, and will be advised of Employee Rights
under 5 USC, Section 7102.
(3) New technicians will be advised that the name, work telephone
number and work location of the Union representatives is posted on a bulletin
board in their work area. The Union will provide the HRO with a letter of
introduction to be provided each new bargaining unit employee during the
employee's orientation briefing.
(4) A copy of' the Labor Management Agreement will be presented toeach
new technician at time of initial employment orientation.
c. The Employer agrees to notify the Union, in writing, of the name, job title,
and
duty station of each new bargaining unit technician employed. This will be accomplished
on a monthly basis.
13-2 FAMILIARIZATION
It is agreed that the supervisor will schedule time during in processing that will be
afforded to the local union representative to meet with new employees, based on mission
requirements. At this time the local union representative will discuss the current
Labor/Management agreement.
28
13-3 HEALTH BENEFIT BRIEFING
The Employer may arrange, if requested, for annual briefings on the Federal
Health Benefits Program, and will provide information on all applicable insurance plans
and programs available to employees, with attendance by representatives of insurance
carriers when possible. These briefings will also include an explanation of Federal
Employees Compensation Act (FECA) procedures and benefit entitlements.
13-4 RETIREMENT INFORMATION
Employees requesting information that pertains to retirement, either optional or
disability, will be fully informed in all aspects and options of retirement by qualified
personnel.
13-5 IDENTIFICATION (ID) CARDS
Employees will be afforded the opportunity to obtain DOD ID Cards during duty
hours upon request.
29
ARTICLE FOURTEEN
EMPLOYEE PERSONNEL FILES
14-1 RECORDS/FOLDERS
a. No derogatory material of any nature which might reflect adversely upon a
technician’s character or career will be placed in his or her Official Personnel
Folder or
Employee Record Card (NGB Form, 904) without his or her knowledge. The technician
will have the opportunity to comment on and initial all such entries, which will merely
acknowledge the entry but not the accuracy. The immediate supervisor can annotate the
Employee's Record Card. Any entry, which the technician believes to be unjustified, is
subject to the negotiated grievance procedure.
b. Technicians will be given the opportunity to initial, request and obtain a copy
of the document(s) placed in their Official Personnel Folder or Employee Record Cards.
The technician's initials on the NGB Form 904 certifies that he or she has reviewed the
document and received a copy, if requested. No document or record may be used against
the technician from his/her personnel folder unless he/she has been afforded the
opportunity to review the document.
c. Each technician or representative, as designated by the technician in writing, or
his or her designated Union representative in writing, shall have access on official
time to
inspect and/or copy any document appearing in his or her Official Personnel Folder or
Employee Record Card, pertaining to him or her. The Employer will assist the technician
in obtaining a copy of the document in the Personnel Folder or Record Card. A copy of
a
document will be provided to the technician, upon request, at no cost.
d. Other than the technician, or his or her designated Union
e. Representative, only those Persons designated in FPM Chapter 294 will be
allowed access to a technician's Official Personnel Folder. Access to a technician's
Official Personnel Folder by other than the technician's supervisor will be For Official
Use Only.
f. Letters of caution or warning placed in a technician's Personnel Folder or
Employee Record Card will be maintained and/or removed in accordance with applicable
regulations. Charges determined to be unfounded will be destroyed immediately and
cannot be used against a technician. Management further agrees that all records
pertaining to technicians will be properly maintained and safeguarded to prevent access
by unauthorized persons.
30
ARTICLE FIFTEEN
DUES AUTHORIZATION AND REVOCTION PROCEDURES
15-1 PURPOSE
The purpose of this Article is to provide a procedure for the authorization and
revocation of voluntary allotments from the pay of technician members of the Association
(bargaining unit) for the payment of Labor Organization dues. This procedure is entered
into under the provisions of Chapter 7115, PL 95-454.
15-2 TECHNICIAN ELIGIBILITY
The Association has exclusive recognition to represent the members in a
bargaining unit, consisting of all wage grade and general schedule technicians employed
by the TXARNG, excluding all Employer officials, supervisors, and employees engaged
in Federal personnel work in other than a purely clerical capacity as defined in PL 95-454.
This Article is applicable to all technicians of the bargaining unit who are members
in
good standing of the Association, and who:
a. Have voluntarily authorized payroll deductions for payment of dues to the
Association with full knowledge of the method of revocation of the authorization;
b. Receive an established normal amount of pay on regularly scheduled pay days
and that such net salary, after other legal and authorized deductions, is sufficient
to cover
the full amount of the authorized allotment for dues; and are covered by the bargaining
unit for which exclusive recognition has been granted.
15-3 DUES ALLOTMENTS
a. Dues in the amount of seven tenths of a percent (.007%) of the member's base
rate of pay will be deducted from the bi-weekly pay of any eligible technician of the
unit
who is a member of the Association and who has voluntarily authorized such deduction
on a properly executed SF 1187. The rate of pay shall be exclusive of any HDP, overtime,
shift differential, premium or other related pay outside the technician's basic rate
of pay.
b. A technician may have only one dues allotment per pay period payable to the
Association.
c. If the amount or rate of regular dues is changed the Association will notify
HRO in writing of the change. This Section would then be amended to reflect the revised
amount (percentage) in accordance with regulations. Only one such change will be made
in any period of 12 consecutive months.
31
15-4 ALLOTMENT AUTHOR1ZATION PROCEDURES
a. The Association will inform each of its members of the voluntary nature of the
authorization for payment of Labor Organization dues and of the prescribed procedure
for
revoking the same.
b. The Association agrees to purchase and distribute to its members in good
standing the prescribed authorization, SF 1187, Request for Payroll Deductions for Labor
Organizations Dues. The Association Chairperson, Secretary, or Treasurer will be
designated to receive properly executed forms, certify the Labor Organization portion
of
the forms, and submit the forms to USPFO for Texas, Civilian Pay Branch.
c. Allotments authorized on properly completed and certified forms which are
received in the USPFO for Texas will be processed to Defense Finance
Accounting
Service (DFAS). The authorized amount shall be withheld from the technician's pay and
will continue until the allotment is terminated under one of the conditions stated in
Section 15-5, below.
15-5 REVOCATION
A member may revoke his allotment for Union dues by submitting to the USPFO
for Texas, Civilian Pay Branch two copies of a completed and
signed Standard Form
1188. When a member does not use SF 1188, other written notification of revocation
signed and dated by the member will be accepted. The member may submit a SF I 188 or
other written notice to cancel dues withholding at any time; however, the effective date
of
such revocation will be as follows:
a. The effective date of such revocation shall be not less than one full year after
the initial membership in the union as dated on the SF 1187, and thereafter; during the
month of September, provided the employees revocation request is received before the
end of September.
b. The USPFO for Texas, Civilian Pay Branch, upon processing
an employee's
request for revocation, will provide the union appropriate notice by furnishing a copy
of
the SF 1188 or other written notification within one month of receipt.
l5-6 RESPONSIBILITIES
a. The Association will
(1) Comply with the terms of this Article;
(2) Purchase SF 1187's and distribute said forms to its members;
(3) Assure that allotments on the part of its members are voluntary;
32
(4) Certify as to the amount or rate of its regular dues;
(5) Educate its members on the overall program for payroll
(6) Allotment for payment of Labor Organization dues, its voluntary nature,
and the availability of SF 1187's;
(7) Inform its members of the conditions governing revocation of allotments
and the availability of SF 1188's;
(8) Notify USPFO for Texas, in writing, within five working days,
when a
member of the Association is expelled or for any reason ceases to be a member in
good standing;
(9) Promptly notify USPFO for Texas in the event of a change in the dues
structure or other change requiring an amendment to this Article; and
(10) Promptly forward to USPFO for Texas any written revocation
of an
allotment.
b. The Agency will:
(1) Comply with the terms of this Article;
(2) Ensure a supply of SF 1188's is available for use in revocation of
allotments and make the forms available to technicians on request;
(3) Notify the Association, in writing, when a technician's dues allotment
is being terminated as a result of promotion to a position not covered by the
bargaining unit, retirement, resignation, death, or for other appropriate
reasons; and
(4) Provide the Association with a copy of any published pay scales
memorandum (general schedule and wage system).
(5) Verify and certify payroll deduction eligibility and submit completed
SF1187's to the USPFO for Texas, Civilian Pay Branch. Allotments will
be
made effective at the beginning of the first full pay period following receipt of
SF 1187's from the association.
(6) Ensure that properly executed SF 1187s for dues allotments are
submitted to Defense Finance Accounting Service;
(7) Retained one copy for payroll records.
33
(8) Ensure that allotments are discontinued for any of the Reasons
specified in Section 15-5, above. SF 1188's will be submitted and verified by
USPFO for Texas, and the discontinuance will be effective
during the pay
period in which received in the servicing payroll office; and
(9) Furnish the union's Treasurer a copy of the collection voucher of the
actual amount of union dues that will be withdrawn from the Association of
Civilian Technicians account as a result of leave buy-back from an OWCP
case.
15-7 EXCLUSIONARY PROVISIONS FROM LABOR-MANAGEMENT
RELATIONS AGREEMENT
a. The Association and the Employer recognize that the expiration of the LMRA
(Contract) shall not terminate, or in any way affect, dues withholding under this Article.
The parties agree that dues withholding shall continue under the procedures set forth
in
this Article during re-negotiations of the LMRA or until otherwise changed by mutual
written consent of the parties.
b. This Article shall be terminated:
(1) By mutual written consent of the parties; or
(2) On the 15th day after the Association shall have lost its certification for
exclusive recognition, provided that during the 15-day period the Association
shall not have reacquired its status as exclusive representative.
34
ARTICLE SIXTEEN
WORK SCHEDULE AND HOURS OF WORK
16-1 ADMINISTRATIVE WORKWEEK
An administrative workweek means a period of seven consecutive calendar days,
Sunday through Saturday with Sunday as the first day. The basic workweek is established
at a minimum of 40 hours.
16-2 HOURS OF WORK
a. The basic workweek is designated as four consecutive ten (10) hour Days
between 0600 to 1800 hours, with a duty free lunch period.
b. A basic workday is established as a period of ten hours.
c. A minimum of 80 hours is prescribed for each pay period.
d. The Adjutant General retains the discretion to change or modify the basic
workweek for the Technician Program. The employer recognizes its responsibility to
bargain, as prescribed by Law and article Thirty-six (36) of this agreement any changes
to
work schedules. Work schedules shall be established so that all technicians will benefit
from a maximum of consecutive days off.
e. The Employer may develop adjusted work schedules for individual Technicians
who have a conflict with transportation schedules (car or van pools, or public
transportation). Such adjusted schedules must have the concurrence of the senior
technician at the Army training site/installation/facility.
16-3 PREMIUM PAY
All shift, holiday and Sunday premium pay will be paid in accordance with law or
regulation (5 CFR).
16-4 LUNCH PERIODS
Unless the Employer determines otherwise, each technician is authorized a duty
free lunch period commensurate with the work schedu1ed. The lunch period will
normally be scheduled between 1100 and 1300 and normally not taken in the work area.
If the Employer assigns work that interrupts a technician's normal lunch period, or does
not allow it to start, the Employer will allow the employee either to reschedule the
full
duty free lunch period or take a lunch break of 20 minutes or less within close proximity
to the work-station while remaining available for work assignments. Technicians
deprived of a full duty free lunch period will receive compensatory time for the full
lunch
period. At the technician's request, the supervisor may grant compensatory time at the
end
35
of the duty day. Management will make every effort to coordinate the workload to allow
an uninterrupted lunch period”.
16-5 BREAKS
Each shift of the workday will be allowed two (2) paid rest periods, one each
during the first and last halves of each shift. Technicians working a duty day of nine
or
less hours will receive 15-minute rest periods, technicians working a ten-hour workday
will receive 20-minute rest periods.
Neither the preset or intermittent breaks will preclude an employee from
consuming refreshments at employee's work area or desk as long as it does not interfere
with employee s work or local policy. The constraints or restrictions to prescribed
periodic breaks for employees working in a hazardous duty environment, as defined and
identified by Management, do not preclude additional breaks where such breaks are
deemed essential for reasons of health and safety. Additional short periods during the
daily tour will be permitted when such periods are beneficial and/or necessary. Criteria
for determining rest periods are as follows:
(1) Protection of a technician's health by relief from hazardous work or
from that which requires continual and/or considerable physical exertion;
(2) Reduction of accident rate by removal of fatigue potential;
(3) Working in confined spaces or in areas where normal personnel
activities are restricted: and/or-
(4) Increase in, or maintenance of, higher quality and/or quantity
production traceable to the rest period.
(5) The rest period may not be a continuation of the lunch period.
16-6 ALTERNATE WORK SCHEDULES
It is recognized by the Employer and the Labor Organization that in order to
expedite the mission of the organization and maintain effective scheduled operations
on a
sound economic basis, it may be necessary to assign certain personnel to a tour of duty
outside the basic work week. Therefore, the hours of work and the basic workweek of
four consecutive ten hour day work schedule may be changed by the Employer after
consultation and negotiations with the Labor Organization. Consideration for the
suggestions, opinions, and desires of the technicians involved should be given. Upon
changes in the days of the employee's basic workweek or hours of work, the Employer
will provide the Union President a copy of the notice given to employees.
36
16-7 DIFFERENTIAL PAY
Technicians assigned to a regularly scheduled night or early morning shift will
receive the shift differential in accordance with 5 CFR.
16-8 SHIFT CHANGES NOTIFICATION
Except when the head of the Executive agency or military department determines
that the organization would be seriously handicapped in carrying out its functions or
that
costs would be substantially increased, the Employer will make shift changes effective
at
the beginning of a pay period and no less than two (2) weeks in advance of a shift change
both notify each affected employee and the Labor Organization of the change and post
the
new schedule in each effected employee's work area. For purposes of this section. “head
of the Executive agency or military department" and organization" shall have the same
meaning that they have in 5 U.S.C. 6101(a) (3) . Upon the Labor Organization's request,
the Employer shall, as with other changes in working conditions, negotiate the impact
and
implementation of a shift change”.
16-9 SELECTION CRITERIA FOR TOUR AND SHIFT CHANGES
Whenever a different tour or shift will be established within an organization, the
staffing procedures for establishing the initial roster are as follows;
a. Qualified volunteers will be selected first. If more employees volunteer than
are needed, the most senior employee (by EAD) will take the first change unless this
procedure would preclude the accomplishment of the mission.
b. If a sufficient number of volunteers cannot be obtained, assignment will be
made on the basis of least seniority (by EAD). The qualified employee with the least
seniority will be selected.
c. After commencement of the established tour or shift, subsequent rotations will
be made IAW paragraphs a and b above. When fewer employees volunteer than are
needed, non-volunteers will be selected from the roster. Employees completing the
assignment will be placed at the bottom of the roster, least senior first. Volunteers
desiring to stay on the assignment may remain, providing no one else will want to take
his place and at Management's discretion provided the decision is not arbitrary or
capricious.
37
d. The supervisor will keep records indicating time spent on the alternate
tour/shift. The rotation records will be maintained for a period of two years. Rotation
for
tour of duty changes (days of the week) or shift (hours of work) will be for two (2)
pay
periods. Any exception to the rotation circle will be discussed with the Union President
or his designee.
16-10 EXEMPTION FROM SHIFT/TOUR ROTATIONS
a. If an employee requests that he/she be relieved from a tour of duty/shift work
rotation because of personal hardship circumstances, the employee will submit a written
request with justification, which should include, supporting evidence, to the immediate
supervisor for approval. This information must be sufficient to enable verification of
the
information. An employee with a personal medical problem may provide a statement
from a certified physician indicating the reason and duration of the exemption. When
the
duration of the exemption expires, the employee will be eligible for the rotation
requirement.
b. Whenever an application for adjustment of shift/tour rotation is submitted by
an employee in order to establish a firm academic schedule in the furtherance of
educational endeavors or to qualify an employee for career advancement, the first-line
supervisor may approve a request. If the request is granted, the employee must furnish
supporting documentation as determined by the immediate supervisor from the registrar
or other comparable official of the academic institution in which enrolled. If the employee
fails to furnish the supporting statement within fourteen (14) days after enrolling or
withdraws from the academic institution, the exemption and assignment considerations
may be revoked. An employee may submit a request for an additional semester, provided
at the time of the request, the employee presents a satisfactory completion of the previous
semester's requirements.
c. In the event of disapproval under any of the above conditions, the employee
will be informed in writing within three (3) workdays.
16-11 CLEAN UP TIME
The Employer and the Labor Organization agree that:
a. Normally eight minutes for personal clean up time will be allowed prior to
lunch and at the end of the workday. It is reasonable to conclude that as this article
provides time to clean up, that time would not be used if clean up time was not needed.
b. Supervisors may grant a longer period of clean up time when the nature of the
work being performed justifies a longer period
38
c. Clean up time will not be used to extend an employee's regular scheduled tour
of duty. Compensatory time will be awarded the employee when they are prevented from
using the normal/required clean up time because of mission requirements.
16-12 COMPENSATORY TIME
As long as compensatory time is granted for overtime worked, the following
policies will apply.
a. When overtime worked is an extension of the regular workweek, employee are
entitled to compensatory time on a quarter hour increments.
b. Overtime will be performed only on proper authorization by the supervisor
and will be properly recorded by the supervisor and initialed by the employee.
c. Technicians retiring or resigning must use accrued compensatory time prior to
termination. Lump sum payment for unused compensatory time is not authorized.
d. Because of the possibility of immediate termination, temporary employees
normally will not be required to work compensatory time.
e. Employees will not lose compensatory time earned due to scheduling of work
by the supervisor.
(1) Time taken off by the technician, as compensatory time will be
requested in advance by the technician. The employee's preference will be
considered in approving the requested compensatory leave, however, the
supervisor will determine approval or disapproval based on workload and
scheduling requirements.
(2) Positive steps will be taken by supervisors and employees to insure
that accrued compensatory time is scheduled for use to avoid forfeiture.
(3) Compensatory time must be taken within 26 pay periods of the pay
period in which it was earned or it will be forfeited.
f. Duty before or after scheduled work hours shall be compensated providing
required overtime is assigned or approved in advance. In accordance with existing
regulations such employees shall be granted an amount of compensatory time off in an
amount of time equal to the time spent in irregular or overtime work.
g. Overtime work will be kept to a minimum, consistent with good management.
Supervisors will, when possible, notify employees of assigned overtime not less than
48
hours prior to the authorized overtime if requirements are known that far in advance,
and
in any event as soon as possible. When the Employer notifies employees of assigned
overtime, the Employer also will notify the Labor Organization. If the Employer notifies
39
employees of assigned overtime no earlier than the day on which the overtime work is
to
be done, the Employer will afford employees the opportunity to make telephone calls
concerning matters affected by the overtime work. Upon request by the Labor
Organization, the Employer will meet with the Labor Organization to discuss whether
overtime work has become regular and recurring. At the meeting, the Employer will state
the reasons; with supporting facts, for past and expected future overtime and discuss
and
consider alternatives to overtime and possible means of providing sooner notice. All
shift, holiday and Sunday premium pay will be paid as authorized by law, regulation,
or
OPM directives.
h. Technicians who are required to work on Sunday will receive premium pay
when Sunday is a day within their prescribed workweek. Work performed on Sunday
when it is not a day within the prescribed workweek will be in a compensatory time
status.
i. By law, overtime pay is not authorized for National Guard employees.
16-13 CALL BACK
Unscheduled call back work performed by an employee on a day when work was
not scheduled, or for which the employee is required to return to the employee's place
of
employment, is deemed at least two (2) hours in duration.
16-14 HOLIDAY WORK
All holiday work must be approved in advance by the Employer. Technicians who
are required to work on a holiday falling on one of their regular work days, or a holiday
falling on the day designated " in lieu of " holiday will be paid at twice the regular
rate for
not more than the length of the basic work day. A technician who works on a holiday
falling outside the regular workweek is given compensatory time off for all hours worked
instead of holiday pay.
16-15 STANDBY
No standby at home in a non-pay status will be required of any technician.
16-16 ADMINISTRATIVE DISMISSAL
a. The Employer shall make every reasonable effort to ensure the health, safety,
and well being of technicians. Under emergency conditions which result in the loss of
heat, water, power, etc., administrative dismissal of technicians will be as directed
by the
Employer. The HRO will have the authority to grant Administrative Leave with pay,
when conditions warrant. The designated supervisor will keep the Labor representative
at
the work site advised of the actions taken or contemplated in response to the emergency.
b. When an administrative excuse is granted because of inclement weather, acts
40
of nature, or other emergencies, technicians who are scheduled for work and whose
services are not otherwise required, will be given Administrative Leave by the Employer.
16-17 SCHOOLING
It is the policy of the Employer to support the continued civilian education of all
employees. The Employer will consider and allow revisions of employee work schedules
to the extent such revisions do not adversely impact mission, work, or productivity.
41
ARTICLE SEVENTEEN
EMPLOYEE ASSISTANCE PROGRAM
17-1 POLICY
a. The Employer and the Association recognize substance abuse as treatable
health problems. Although particular emphasis will be given to those technicians with
health problems related to substance abuse that may affect the technician's work
performance, a technician will not be excluded from seeking or receiving assistance for
other personal problems such as financial difficulties, legal, family, or other problems
that
may affect job performance.
b. Technicians having illnesses related to substance abuse will receive the same
careful consideration and offer of assistance that is presently extended to technicians
having any other illnesses or health related problems.
c. Technicians who have psychiatric problems, or who are suffering from what
could be defined as stress related medical conditions, may also be afforded assistance
in
the program.
d. Sick Leave will be authorized for the purpose of treatment or rehabilitation as
in any other illness or health problem.
e. The confidential nature of medical records of technicians with substance abuse
related problems will be maintained as provided by law and implementing regulations.
17-2 PROGRAM RESPONSIBILITY
a. The Employer will establish an Employee Assistance Program (EAP) and will
appoint a EAP coordinator. TPR 792-2 and the Americans With Disabilities Act will
govern this program for technician assistance in the TXARNG.
b. The Program will provide for referral of technicians to resources outside the
TXARNG for treatment and treatment follow-up. In addition, technicians may avail
themselves of the Program services on their own initiative.
c. Rehabilitation expenses are the responsibility of the technician. As with other
illnesses, certain specified costs may be reimbursable under applicable Federal
Employees Health Benefits (FEHB) programs or other individual medical insurance plans
in which the technician may be a participant.
42
17-3 PERSONNEL ACTIONS
a. A technician's job security or promotional opportunities will not be
jeopardized by requesting counseling or referral assistance through the EAP.
b. Technicians having a substance abuse problem will be dealt with in
accordance with TPR 752 and governing law, rule and/or regulation.
43
ARTICLE EIGHTEEN
LEAVE
GENERAL
It is agreed that attendance and leave for bargaining unit members shall be
administered in fifteen (15) minute increments, in accordance with this Agreement and
applicable Law, Rule and Regulations.
18-1 ANNUAL LEAVE
a. Annual leave will be administered on a uniform and equitable basis in
accordance with applicable regulations. The first level supervisor is the Employer's
representative charged with the duty of administering annual leave.
b. The Employer will make every effort to honor the leave requests of the
employees. If the Employer denies an employee's annual leave request for any reason
other than need for the employee's services for mission accomplishment, the Employer
will notify the employee and if requested, the Labor Organization in writing, stating
the
reasons, with supporting facts, for denial. Upon request by the Labor Organization and
the employee, the Employer will meet with the Labor Organization and the employee to
discuss the denial, whether other employees have been denied annual leave requests for
any reason other than need for the employees' services for mission accomplishment,
alternative annual leave periods desired by the employee, the likelihood that the desired
alternatives will be approved, and steps the Employer can take to reduce the likelihood
that the desired alternatives will be disapproved. Each technician may be advanced
annual leave not to exceed the amount that would be accrued during the current leave
year. Advanced annual leave must be approved by the first level supervisor in accordance
with current regulations. The supervisor’s decision, including his/her determination
of
reasonableness is subject to the negotiated grievance procedure.
c. Scheduled Annual Leave: Unless the Employer determines otherwise, the
Employer may grant (a) requests for at least two (2) weeks' consecutive annual
leave, (b) annual leave requests for periods immediately prior to or following annual
training or other such requirements, (c) requests for short periods of annual leave,
and (d) requests for annual leave at times that employees consider convenient and
desirable. If the Employer denies such a request for a reason other than an
employee's lack of sufficient accrued annual leave, the Employer will notify the
employee and the Labor Organization in writing, stating the reasons, with
supporting facts, for the denial. Upon request by the Labor organization and the
employee, the Employer will meet with the Labor Organization and the employee to
discuss the denial, whether other employees' similar requests have been denied,
alternative annual leave periods desired by the employee, the likelihood that the
desired alternatives will be granted, and steps the Employer can take to reduce the
likelihood that the desired alternatives will be denied. Should the first level
44
supervisor deem it necessary to cancel previously approved leave, they will inform
the technician of the reason for such action as soon as the requirements for such
cancellation is known.
d. Unscheduled Annual Leave: The employee will make every reasonable effort
to contact the supervisor before the start of the shift but not later than one hour after
reporting time. The Employer agrees to grant the request for unscheduled annual leave
if
possible with regard to mission accomplishment. In situations where the employee finds
it
impossible to contact the supervisor, a one-hour grace period is in effect. The employee
will be placed in the appropriate status when the circumstances surrounding the absence
are presented and the issue resolved. If time and attendance records must be submitted
prior to the appropriate leave status being determined, the appropriate leave status
is
AWOL. Notification that does not meet the one hour criteria will be dealt with on a case
by case basis. The supervisor may request documentation (if available) to substantiate
the
circumstances.
e. Annual leave, which will be earned during the leave year, may be advanced to a
technician, subject to approval by the technician's supervisory chain. The requesting
technician to the supervisor in letter format will submit requests for advance annual
leave.
The supervisor will furnish the technician and the USPFO Technician Pay Branch with
copies of approved advance leave requests, or written reason for denial to the technician.
18-2 SICK LEAVE
a. Sick leave is available for use in the following circumstances:
(1) When an employee is unable to perform their duties because of
sickness or injury (or for pregnancy in the case of female employees).
(2) For medical, dental, or optical examination or treatment.
(3) When a member of the immediate family of the employee is afflicted
with a contagious disease and requires the care and attendance of the
employee, or when through exposure to a contagious disease the presence of
the employee at the work location would jeopardize fellow employees.
(4) For reasonable travel time to and from a specialist when treatment is
required, even though the services of a specialist are available in the area.
(5) For hospitalization or incapacitation when injury is incurred or illness
is contracted while engaged in any military training, technician leave
procedures shall apply.
b. The technician who cannot report for work because of illness or injury is
responsible for notifying his supervisor as soon as practicable. Such notification should
be made within the first two (2) hours of the workday when illness or injury occurs
during off-duty hours. If at all possible, the employee will inform the supervisor when
he
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expects to return to work unless the nature of the illness would prevent him from doing
so. Sick leave requests will normally be coordinated between the requesting technician
and the first line supervisor. Unless the supervisor has indicated that other notification
arrangements are satisfactory, call-in or sending notification by other employees or
individuals could result in disapproval of leave.
c. Leave for prearranged examinations and treatments should always be
requested in advance if possible.
d. The supervisor is responsible to ascertain whether absences are properly
chargeable to sick leave. A medical certificate, Standard Form 71, may be required under
the following conditions.
(1) For absences in excess of three days if deemed necessary and requested
by the appropriate supervisor.
(2) An employee's statement of the reason for an illness that exceeds three
workdays may be accepted by the supervisor in lieu of a doctor's certificate
when the employee's illness does not require the services of a doctor. On the
third day of such illness it shall be the responsibility of the employee to notify
the supervisor of his continued illness and to determine from the supervisor if
a statement by the employee will be accepted, or if a SF 71 or other supporting
documentation certified by a physician will be required.
(3) Whenever a supervisor has reason to believe that sick leave is being
abused, the technician will be advised in writing by the first line Supervisor,
that a Standard Form 71 or other supporting documentation certified by a
physician will be required to support any future sick leave of any amount.
e. Advancing Sick Leave. Sick leave, not to exceed 240 hours, may be advanced
to a technician when supported by a doctor's certificate describing the illness or injury
and the anticipated time of disability. Such requests will be submitted through
supervisory channels for consideration, and if approved, forwarded to the USPFO
Technician Pay Branch for advancement action. Advance sick leave will not be granted
unless all available sick leave will be exhausted before advancement and annual leave,
that otherwise would be forfeited, is used. There also must be a reasonable assurance
that the technician can return to duty to earn and repay the advanced leave.
18-3 COURT LEAVE
Court leave shall be administered in accordance with existing regulations. An
employee under proper summons from a court of law to serve on a jury shall be granted
court leave of absence with pay for that day or days per week summoned.
a. The employee shall provide jury summons upon requesting court leave.
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b. Upon returning to duty the employee shall submit verification of juror
performance received from the court.
c. If the court fails to provide the employee with the required verification the
employee may be allowed sufficient time to obtain the verification.
d. If it does not work a hardship on the employee, and a compelling need of real
necessity such as a hardship on the Employer exists, the agency may require the employee
released by the court with a substantial part of the workday remaining to return to duty
or
be charged an approved leave for that substantial part of the day.
18-4 EXCUSED ABSENCE
An excused absence is an absence from duty administratively authorized without
loss of pay or without charge to leave, while excused absence is ordinarily authorized
on
an individual basis, groups of technicians may be excused under certain conditions when
authorized or approved by the Employer.
a. Tardiness and Brief Absence; Brief absences from duty of less than an hour and
tardiness may be excused when the reasons are justifiable to the supervisor. When not
justifiable, the absence must be charged to an appropriate leave account. If leave is
charged, the technician will not be required to work during the leave period. (If leave
is
charged the supervisor will inform the technician.) Leave will be taken and/or charged
in
quarter hour increments.
b. Blood Donations; The employer and the labor organization recognize the
importance of the humanitarian need for community blood donors. A technician who
makes a blood donation without compensation may be excused for a reasonable time for
travel, rest and recuperation. Such time will normally be consistent for all employees
and
normally will not exceed four (4) hours. Unless a donation is based on an emergency
request, the supervisor will schedule routine donations so as to minimize workforce
disruptions, or adverse impact on work scheduling, or work hour requirements. The time
allowed for donation may vary according to circumstances, travel, and recuperation time
mentioned above and is not to be considered an automatic entitlement. The excused
absence is for the recovery of health of a donating technician and will not be carried
forward or granted on another day. Proof of donation will be provided by a technician
if
requested by the supervisor.
c. Voting; It is the Employer's policy to excuse technicians for a reasonable time,
when practicable to do so without seriously interfering with operational requirements,
to
vote in any election or referendum on a civic matter in the technician's registered voting
area.
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(1) If the polls are not open at least three hours either before or after an
employee's regular hours of work, a supervisor may grant a technician
whichever of the following requires the lesser amount of time off:
(a) Permit reporting for work three hours after the polls open, or
(b) Permit leaving work three hours before the polls close. The
supervisor is responsible for determining reporting and release
schedules based on the circumstances surrounding a particular election
and in consideration of work scheduling. Proof of registration and/or
voting may be required to substantiate the granting of time off from
work for that purpose if grounds to question exist.
(2) Under exceptional circumstances an employee may be excused for
such additional time as may be needed to enable the employee to vote,
depending upon the particular circumstances in each individual case, but not
to exceed a full day.
(3) Supervisors will schedule employee releases for voting purposes in
such a manner to insure that activities remain open and operational on election
days.
d. Conferences or Conventions. A technician may be excused to attend a
conference or convention when in the best interest of the Texas Army National Guard and
approved by the Employer. Excused absence is not applicable when attendance is in a
military pay status; and, in such cases, military and /or annual leave would be appropriate.
e. Military Funerals; Employees may be excused for up to four hours in any one
day to participate in military funeral ceremonies for members of the Armed Forces.
Employees will be allowed time to return home from work to dress for participation in
a
military funeral when necessary due to the time of day the funeral is held.
f. Administrative Dismissals; When the Employer authorizes the shut-down or
closure of an activity or unit because of weather conditions or emergency situations,
the
following criteria shall govern the status of affected technicians. All employees are
to
presume that ARNG installations will be operational each regular workday regardless of
weather or other emergency conditions. Activity or facility supervisors shall determine
through normal supervisory channels if their activity shall remain open or if it is to
be
closed based on anticipated or prevailing conditions, and if employees are to be
dismissed. Employee status at the time of the supervisory determinations to close the
activity and dismiss will be as follows:
(1) If the employee is on duty and excused, there is no charge to leave for
the remaining hours of the work schedule following dismissal.
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(2) If the employee is on duty and departed on leave after official word
was received but before the time set for dismissal, leave is charged only from
the time the employee departed until the time set for dismissal. Employees
will not be permitted to depart before the time set for dismissal without a
charge to leave.
(3) If the employee is absent on approved leave for the entire work shift,
the entire absence is charged to appropriate leave status requested.
(4) If a situation develops during non-working hours as a result of adverse
weather conditions or natural disasters, a supervisor may excuse a reasonable
period of absence without charge to leave. Annual leave or leave without pay
will be charged for absences in excess of the authorized absence unless the
supervisor determines that the employee made every reasonable effort to get to
work, but was unable to do so.
18-5 LEAVE WITHOUT PAY (LWOP)
LWOP is a temporary non-pay status and absence from duty normally granted
upon the technician's request.
a. The granting of leave without pay is a matter of administrative discretion if the
Employer. Approval of leave without pay will be made only after considering the value
to
the Texas Army National Guard or the serious needs of the individual concerned. Some
situations or circumstances for leave without pay are:
(1) Education, which would result in increased job proficiency and ability.
(2) Recovery from illness or disability not of a permanent or disqualifying
nature when immediate return of the technician to duty would impair the
employee's health or jeopardize the health of other technicians.
(3) To provide the retention of a qualified technician on the employed rolls
pending final action on a claim for employment connected disability or disability
retirement.
(4) To assume office as a union official.
b. LWOP is an approved absence without pay upon the employee’s request and
the approval of the employer.
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18-6 ABSENCES FOR FIREFIGHTER AND AMBULANCE CREWS
a. An employee may be authorized to perform volunteer duties as a certified
firefighter or ambulance crewmember.
b. Employees who perform such duties will be granted a time off award equal to
the number of duty hours spent in performance of volunteer work. The time off award
will be submitted by the first level supervisor to the Human Resource Office for
processing.
c. Technicians who are either certified volunteer firefighters or ambulance
crewmembers must inform their supervisor of the technician's volunteer status. This will
be submitted as a roster consisting of the technician’s name, emergency unit designation
name, position held in the unit, and expiration date of membership. It will be re-certified
on an annual basis as of 1 January to be received not later than 31 January.
18-7 ABSENCE WITHOUT LEAVE (AWOL)
AWOL is an absence from duty, which has not been authorized or approved. In
such cases, pay will be denied for the entire period of absence. If it is determined
by the
supervisor that the absence without prior authority is excusable because of the conditions
that rendered prior approval impracticable, the charge to AWOL may be changed.
Indiscriminate changes from non-pay to a pay status will not be condoned. Incidents of
unauthorized absences may be made a basis for disciplinary action. Any supervisory
record that may be made of these unauthorized absences may not exceed a twelve- month
period.
18-8 HOLIDAYS
a. Listed below are the legal Federal holidays.
New Year's Day, 1 January
Martin Luther King's Birthday, the third Monday in January
Presidents Day, the third Monday in February
Memorial Day, the last Monday in May
Independence Day, 4 July
Labor Day, the first Monday in September
Columbus Day, the second Monday in October
Veterans Day, 11 November
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Thanksgiving Day, the fourth Thursday in November
Christmas Day, 25 December
b. Any other day designated as a holiday by Federal statute or executive order.
c. When a holiday falls on a non-workday for a technician covered by other than
a regular workweek schedule of Monday through Friday and the holiday falls on Sunday,
the first regularly scheduled workday following the Sunday holiday is the in-lieu-of
holiday. If the holiday is not a Sunday, the last regularly scheduled workday preceding
the holiday is the employee's in-lieu-of holiday.
18-9 MILITARY LEAVE
a. An eligible National Guard Technician is granted any military leave that is
available whenever ordered to active duty or active duty for training (AT) or inactive
duty training (IDT).
b. At the employees request the supervisor will make reasonable efforts to allow
technicians to adjust their work schedules to preclude the technicians from having to
use
annual leave to perform inactive duty training (IDT) multiple unit training assembly.
c. Upon being ordered to Active Duty (AD), Annual Training (AT), Inactive
Duty Training, Active Duty Special Work (ADSW) or a Temporary Tour of Active Duty
(TTAD), a technician with accrued military leave may use other leave first, i.e. annual
leave, compensatory leave or leave without pay, for the performance of such duty. The
employee may commingle military leave and other types of leave for the period of
military duty. Any period of absence for law enforcement purposes will not be charged
to sick leave.
d. A period of technician duty and a period of ADSW, or a period of TTAD may
not be credited on the same calendar day. A technician on ADSW or TTAD status during
any portion of a calendar day must be in an appropriate leave status (annual, military,
LWOP, compensatory) for that calendar day.
e. The minimum charge for Military Leave is one (1) hour. A Technician may
be charged military leave only for hours that the technician would otherwise have
worked and received pay. Technicians who request military leave will only be charged
for the amount of time necessary to cover the period of training and necessary travel.
Technicians will not be charged military leave for non-workdays or holidays that occur
during a period of absence while in a military duty status.
f. The statute governing military leave provides accrual of military leave on a
fiscal year basis with carry over of unused military leave for a maximum of 120
additional hours. Full-time technicians therefore, have the potential of 240 hours of
military leave during a fiscal year.
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g. Title 5 USC §6323 provides 176 hours per calendar year, for emergency duty
as ordered by the President or Governor. When using military leave for state active duty
the technician must forfeit their military pay or technician pay whichever is less. If
the
technician chooses to take annual leave or compensatory time there is no forfeiture of
pay. An additional 44 workdays of military leave may be available while consenting to
serve on active duty without pay under Title 10 USC §12301(b) or (d) for participation
in non-combat operations outside of the United States, its territories
and possessions.
Eligibility for use of this leave is determined by DOD orders and the Agency.
h. It is the technician's responsibility to coordinate and request leave for military
duty with the supervisor, and to furnish required orders and certification of attendance
to
certify time and attendance records.
18-10 LEAVE STATUS WHILE ENTITLED TO INCAPACITATION PAY
a. P.L. 100-456 revised the pay and allowance entitlements for members of the
Reserve Components who incur injury in the performance of inactive duty training.
Compensation is now payable only in those situations when there is a loss of civilian
compensation, i.e. technician pay, income protection plan.
b. Technicians have the option of using annual leave, sick leave, compensatory
leave or leave without pay while entitled to incapacitation pay from the military,
however, the law provides that if during the period of disability an individual's income
from sources such as paid leave, or other income protection plans equals or exceeds the
employee's civilian pay, no incapacitation pay will be made.
18-11 MATERNITY / PATERNITY LEAVE
a. Employees who are pregnant will be allowed to work as long as they and their
doctors feel it is prudent. Maternity leave in the form of sick leave, annual leave and
leave without pay will be granted for delivery, confinements, and for a reasonable time
after delivery so that the mother may make arrangements for child care.
b. A father may be granted a reasonable amount of appropriate leave in order to
care for his wife while she is confined or to care for minor children.
18-12 FAMILY MEDICAL LEAVE ACT
a. Eligible technicians are entitled to up to twelve (12) weeks of unpaid leave
during a twelve (12) month period for certain family and medical reasons. Authorized
use includes the birth and care of a child; making arrangements for adoption or foster
care, the care of a spouse, son, daughter or parent of the employee with serious health
problems; or a serious health condition that makes the employee unable to perform the
essential function of the employee's position.
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b. A technician may use annual leave, sick leave, or compensatory time in lieu of
unpaid leave for family medical leave situations.
c. Technicians using unpaid leave will generally be restored to their same
position and are entitled to be restored to the same or equivalent position with equivalent
benefits, pay, status, and other terms of employment.
d. The employer agrees to administer the Family Medical Leave Act in
accordance with statutory and regulatory criteria.
18-13 RELIGIOUS LIBERTY
With the concurrence from his supervisor, a technician may request to work a
modified schedule, for the purpose of taking off when personal religious beliefs require
that the employee abstain from work during certain periods of the work day or workweek.
An employee who wishes to take time off may do so by using available leave time. The
above arrangement is dependent upon mission requirements and may be disapproved if
the accomplishment of the mission warrants it. (Reference CFR 550.1002)
18-14 LEAVE TRANSFER
The leave transfer program provides the authority to donate leave to another
employee’s leave account. When need arises this program will be implemented in
accordance with applicable regulations current at the time the need exists. (Reference
5
CFR 630.506)
53
ARTICLE NINETEEN
OFFICIAL TIME FOR LABOR ORGANIZATION REPRESENTATIVES
19-1 OFFICIAL TIME
Official time will be made available without loss of annual leave during normal
duty hours for the Labor Organization representatives to carry on business that is of
mutual interest to the employing agency and the Labor Organization. Official time
provisions encompass negotiations between a Labor Organization representative and an
agency representative, regardless of whether such negotiations pertain to the negotiation
or re-negotiation of a basic collective bargaining agreement. Note: All elected officials
of
the Labor Organization are recognized as representatives for the purpose of labor
representational duties when deemed necessary by the Chapter President.
19-2 APPROPRIATE USES OF OFFICIAL TIME
Official time will be granted in the following manner:
a. The Labor Organization representatives will notify their immediate supervisor
and obtain consent /concurrence prior to leaving their assigned work area. If the
immediate supervisor is not available, use of official time will be requested from the
next
available supervisor in the representative’s supervisory chain. Permission will
be granted
unless release of the technician or Labor Organization representative would adversely
affect the employer’s ability to accomplish the mission. Adverse effect is defined,
as the
organization’s mission would be seriously eroded with the absence of the representative
during a specific period of time. The supervisor may delay the representative for only
the
length of time that the mission requires the presence of that representative. Upon
request, the reason will be provided in writing. The parties agree that the Chapter
President will be authorized official time needed to adequately meet the statewide
representational requirements. Union officials who desire to use official time are
responsible for preparing and submitting to their supervisor a copy of form “Absence
from the Job to Perform Representational Duties” prior to using such time. The
form will
indicate the approximate amount of time desired, the place of meeting, a telephone
number (if known) where the representative may be reached, and an estimated time of
return. When Stewards or employees have completed the use of official time, they will
normally report back to their supervisor who will verify the time taken. This form will
serve as the record for recording official time and may be changed through negotiations.
Official time provisions include, but shall not be limited to:
b. A steward conferring with an employee and/or supervisor on a grievance.
Normally, not more than one steward will be authorized official time for any one
grievance situation.
c. Meetings between Labor and Management will be held as needed for the
parties to meet and confer, and when required, bargain procedures on the implementation
of policies which affect working conditions or for the Labor Organization to make
54
recommendations to management. These meetings may be called by either party, as
required. The number of personnel required for meetings will be agreed to prior to any
meetings taking place.
d. Preparatory time for pre-negotiations, negotiations, appeal(s), grievances,
complaints, scheduled meetings and time to prepare/finalize documentation of same
proceedings will be considered official time.
e. AWAITING IMPASSE
f. AWAITING IMPASSE
g. AWAITING IMPASSE
h. To prepare and maintain records and reports required of the Labor
Organization by federal agencies. To maintain financial records and books required to
complete IRS reports.
i. Attendance at proceedings involving Federal Labor Relations (FLRA),
Federal
Impasse Panel (FSIP), grievance/arbitration, appeals, hearings and other third party
proceedings.
j. Reasonable time will be allowed union officials and employees to change
clothes prior to and subsequent to the situations contained in the CIVILIAN ATTIRE
section 19-4 below.
19-3 REPRESENTATIVE TRAINING
The Labor Organization is authorized up to five days official time for union
sponsored training for each officer/shop stewards each fiscal year. It is understood
that
this training will be of mutual concern to management and the employee as a
representative of the Labor Organization. The Labor Organization will request this time
by letter, including the agenda of the training, for approval by the Human Resource
Office.