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
45
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.
51
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.
52
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.
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19-4 CIVILIAN ATTIRE
a. Labor Organization representatives are not required to wear the military
uniform while performing representational functions or other Labor Organization activity
related functions. These functions include but are not limited to the following:
(1) While engaged in negotiations of any kind with agency officials.
(2) Labor/Management meetings with agency representatives.
(3) Labor/Management seminars in state.
(4) Labor/Management seminars at commercial facilities sponsored or
hosted by the National Office of the Association of Civilian Technicians, U.S.
Department of Labor, Department of Defense, Wage Fixing Authority, etc.
(5) Performing representational duties on behalf of bargaining unit
members, to include investigations of complaints.
(6) When representing the Labor Organization on committees, at hearings,
or at third party proceedings.
b. Employees in the bargaining unit will not be required to wear the military
uniform while:
(1) Attending a meeting involving a formal grievance.
(2) Attending a meeting involving an appeal under any statutory appeal
provision.
(3) Appearing as a grievant or witness in any third-party proceeding.
19-5 RECORD KEEPING
The only official time records or forms Labor representatives will be responsible
for completing or maintaining will be the request form designated in this article or
procedures required in 5 USC 7131. Labor representatives should cooperate as much as
possible with their supervisors in filling out reports required of the Agency that track
official time.
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19-6 COMPENSATORY TIME
If management requests the union in an official capacity and the meeting extends
beyond the normal duty day or the official cannot back to his or her duty station within
the normal duty day, compensatory time will be awarded. This will not include normal
representational duties.
19-7 FULL-TIME REPRESENTATIVES
APPLICATION PROCEDURE
a. Subject to the approval by the Adjutant General, the Employer agrees that
when adequate advance written notice is given, an employee in the unit who has been
elected or appointed to a Labor Organization office, or as a delegate to an A.C.T. activity
requiring an extended leave of absence, may be granted annual leave and/or leave without
pay. Such approval for a leave of absence may not exceed one year for each application.
These provisions can be afforded the employee requiring the leave of absence for as long
as he/she is engaged in those duties that required the absence. Denial of such requests
will be considered only for the most compelling agency requirements.
b. An employee returning to duty from approved leave of absence will be returned
to the job, grade, or equivalent position he/she held at the time his/her leave commenced.
c. Employee rights and privileges will be protected under the provisions of the
applicable portions of the Federal Personnel Manual (FPM)
57
Absence from the Job to Perform Representational Duties
Date: ______________________________________________________
Location: ____________________________________________________
Phone Number: _____________________________________________
Time Departed: _____________________________________________
Time Returned: _____________________________________________
Estimated: _________________________________________________
Actual: ____________________________________________________
Total Time Absent: __________________________________________
Signatures:
Union Representative: ________________________________________
Supervisor: _________________________________________________
AMOUNT OF TIME: REPRESENTATIONAL CODES:
________ BA - NEGOTIATIONS
________ BD - LABOR/MANAGEMENTS RELATIONSHIP
________ BK - GRIEVANCE AND APPEALS
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ARTICLE TWENTY
TIME ATTENDANCE AND LES RECORDS
20-1 TIME AND ATTENDANCE CARDS
Time and Attendance (T&A) Cards will be maintained and secured at each facility
in a manner that will protect the privacy of the individual concerned.
20-2 POSTING OF TIME AND ATTENDANCE CARDS
Employees are responsible to insure that supervisors are provided with proper
orders and documentation of active duty or active duty for training periods to insure
proper and timely posting of leave for such periods. Supervisors will insure timely and
accurate posting of T&A records.
20-3 TIME AND ATTENDANCE INACCURACIES
Employees are assured of the right to bring alleged T&A inaccuracies or questions
to the attention of the responsible supervisor. Employees are accountable to their
supervisors for all duty time during work hours and will therefore insure that supervisory
permission and /or prescribed leave request procedures are adhered to regarding absence
from duty station or assignment.
20-4 LEAVE AND EARNINGS STATEMENT
In order to protect the privacy of the employee, Leave and Earnings Statements
will be mailed to the employee's home address, at the employee's discretion, or will
be
otherwise transmitted to the employee in a sealed envelope.
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ARTICLE TWENTY-ONE
DETAILS
21-1 Details:
a. A detail is an official personnel action by which an employee is assigned
duties and responsibilities other than those of his/her permanent position, but receives
the
salary attached to his/her permanent position. Details provide a means by which current
employees may be effectively used to perform work for which no continuing need exists,
or to perform the duties of an existing position on a temporary basis.
b. Management realizes and acknowledges that details of employees out of
their specialty must be used in a judicious manner. Details are intended to meet
temporary situations, such as emergency workload, absences of employees, pending
authorization and classification of the new positions or other types of manpower needs
that can not be met by normal personnel actions. Details of technicians out of their
specialty should be limited to the extent necessary to accomplish the mission.
c. Management will keep details within the shortest time limits practicable
and will make continuing efforts to secure necessary services through the use of other
appropriate personnel actions using the following procedures:
(1) When all qualifications for the detail are satisfied by more than one
employee, qualified volunteers for details will be sought and accepted before
non-volunteers are assigned.
(2) When an inadequate number of qualified technicians volunteer for a
detail, the employer agrees to make every reasonable effort possible to rotate the
assignment among the qualified individuals in the area of concern.
(3) To the extent possible the employer agrees to fill all technician position
vacancies that may impact on bargaining unit members rather than use details.
(4) There may be isolated instances when management cannot apply these
procedures. In those instances, management agrees to explain the circumstances
upon request by the labor organization or employee.
(5) For recording purposes when practical, required SF 52s for details will
be prepared prior to detailing employees.
(6) Details of 30 days or less will be documented on NGB Form 904 or
Automated Supervisors Employee Brief.
(7) Details of more than 30 days will be accomplished on SF 52 with the
reason(s) for the detail.
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ARTICLE 22
MERIT PROMOTION AND INTERNAL PLACEMENT
22-1 PURPOSE
a. The purpose of this Article is to establish the general policies and procedures
for filling competitive and excepted employee vacancies within the bargaining unit in
the
Texas Army National Guard, and provide bargaining unit employees with information
on promotion policies and procedures. Promotions of members of the bargaining unit to
positions covered by this Article are to be made in accordance with this Article.
b. Qualified applicants in the excepted or competitive service will be considered
equally under governing regulatory criteria. It is imperative in the accomplishment of
the
Texas Army National Guard mission that bargaining unit employee positions are filled
with highly qualified personnel. It will be the policy of the Employer to give first
consideration to technician applicants and those with legal entitlement for promotion
to
positions within the unit of recognition, and to assure every effort is made to comply
with all applicable provisions of law and governing regulatory criteria.
22-2 GENERAL
a. All actions taken under this Article will be based on qualification and merit
without regard to political, religious, labor organization affiliation or non-affiliation,
marital status, race, color, sex, national origin, non-disqualifying physical handicap,
or
age, and shall not be based on any non-merit or other criteria which is not job related.
b. This Article is designed to fill bargaining unit positions with the best qualified
employees based on consideration of the following factors:
(1) Employee knowledge, skills and abilities.
(2) Military qualifications and compatibility requirements in positions
requiring National Guard membership.
(3) Qualifications for appointments will be as determined by the Operating
Manual for Qualification Standards.
(4) Assuring that all eligible employees who apply for a position are
considered on a fair and equitable basis.
22-3 DEFINITIONS
Terms used in this Article are defined as follows:
a. Selecting Official: A Referral and Selection Certificate, Merit Placement
Certificate, will normally be submitted to and acted upon by the immediate supervisor
of
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the position to be filled, subject to supervisory chain discretion. The selecting official
will be named on the vacancy announcement. No personnel action is complete or official
until an SF 52, Request for personnel Action, is approved and an SF 50, Notification
of
personnel Action, has been issued.
b. Promotion: A change of an employee:
(1) To a higher grade when both the old and new positions are under
the General Schedule.
(2) From one grade to a higher grade under the same type Wage
Schedule.
(3) From a job or grade under a Wage Schedule to a job or grade with
a higher representative rate under a different Wage or General
Schedule.
(4) From a position under the General Schedule to a job or grade with
a higher representative rate under a Wage Schedule.
c. Reassignment: The change of an employee from one position to another
without demotion or promotion within the same pay schedule. Employees may be
reassigned at their own request, or at the discretion of management.
d. Qualifications: A combination of experience, training, and education which
relate to the position being filled.
e. Referral and Selection Certificate: A properly constituted Merit Placement
Certificate listing qualified candidates forwarded to the Selecting Official for
consideration when a vacancy occurs.
f. Eligible candidates: Those candidates who meet the minimum qualification
standards for the position, including any appropriate selective placement factors.
g. Identifying Qualified Candidates: The process of evaluating the knowledge,
skills and abilities and work experience possessed by the candidates against established
qualification requirements for the vacant position.
h. Job Related Criteria: The combination of factors that position descriptions
have shown to be important for performance in a specific position and which
performance analysis has shown are valid indicators of differences between more and
less successful workers. The total set of criteria includes all knowledge, requirements,
skills, training, and work experience that meet job and performance analysis
requirements for the position.
i. Trainee: An individual who has some, but not all, of the required
qualifications for the target position and meets the qualifications at the trainee level.
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j. Vacancy Announcements: The advertising medium used by the Human
Resources Office (HRO) to announce job vacancies.
k. DOD Stopper List: a list of competitive Department of Defense employees
who have been displaced from their agencies and are qualified for specific grades, job
series, and geographic areas.
l. Ranking Panel: the Ranking Panel shall be convened when more than five (5)
applications are received for any one vacancy announcement. The panel shall consist of
the selecting official and two other voting members and may include a nonvoting
recorder. A majority of the voting panel members must be technicians for all bargaining
unit technician positions announced. Nonvoting advisors may be assigned to the panel,
and the Unions will be notified of the identity of the purpose for any nonvoting members
selected. All members of the original panel must be present for all interviews. If a
panel
member cannot be present for all interviews that individual must be replaced. The new
same panel must interview all applicants.
22-4 SCOPE
This Article, as appropriate, will be used to effect permanent placement,
promotion and temporary promotion actions relative to Bargaining Unit Positions in the
Texas Army National Guard.
22-5 RESPONSIBILITIES
a. Employee
(1) Familiarizing themselves with the provisions of this Article.
(2) Providing interest and initiative necessary for development and
advancement in their career field.
(3) Providing complete information regarding personal qualifications by
accurately completing all required documents as identified by the vacancy
announcement.
(4) Reading the vacancy announcements and then applying for positions for
which they are qualified and interested, within the time limits specified in the
vacancy announcement. Exceptions to the policy on late applications may be
requested by the applicant to the Human Resources Officer who will consider
situations with extenuating circumstances beyond the control of the applicant.
Circumstances that warrant consideration may include, but are not limited to,
deployments, medical emergencies, verifiable delivery delays, etc.
(5) It is the responsibility of technicians temporarily absent from their duty
station to take appropriate measures to insure notification of vacancy
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announcements of their interest and to comply with applicable application
procedures. The HRO will determine procedures for affording employees with
restoration rights, because of military duty, the legal and regulatory rights with
respect to promotion consideration.
b. Selecting Officials Duties Include:
(1) Supporting this merit promotion program by adhering to the policies and
procedures outlined herein. The supervisor in consultation with the Human
Resources Office (HRO) will specify the knowledge, skills, and abilities
necessary for successful performance in the position and relevant to the position
description of the job being advertised.
(2) Interviewing all candidates in accordance with instructions contained on
the Merit Placement Certificate and interview requirements spelled out in this
agreement, and making a selection based on qualifications of the candidates and
a judgment as to which applicant, if any, will best perform the duties of the
position in question. A selection will be made without discrimination or
favoritism based on personal relationship or patronage.
(3) AWAITING FSIP RULING
(4) AWAITING FSIP RULING
(5) Avoiding any practice that may lead employees to believe that a person
was pre-selected for a position or that favoritism was used.
(6) Treating all evaluations, appraisals, Referral and Selection Certificates and
personal inquiries as privileged information.
(7) Protecting selection certificates as confidential and insuring that they are
not shown or discussed with unauthorized personnel, including the candidate.
This material is hand carried or sent to the selecting official in a sealed envelope
and will be returned to the Human Resources Office (HRO) in the same manner.
Supervisors and Personnel Specialists and / or Subject Matter Specialists
participating in evaluating and applying qualification standards to applicants will
not disclose the details of their work to unauthorized personnel.
(8) Acting on the Selection Certificate in accordance with the instructions
contained in this Article and on the Selection Certificate itself. There is no
requirement that a selecting official make a selection from a Referral and
Selection Certificate.
(9) Advising, assisting, and encouraging all employees to develop themselves
for promotion, to prepare and submit applications for positions for which they
are qualified and to improve their performance by developing their skills,
knowledge and abilities.
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(10) Advising the HRO as soon as possible of a vacancy or vacancies to be
filled by completing and forwarding request for advertisement or a Standard
Form 52, " Request for Personnel Action." No personnel action is complete or
official until an SF 52, Request for Personnel Action, is approved and an SF 50,
Notification of Personnel Action, has been issued.
(11) A selecting official, upon request of a non-selected employee, will furnish
information concerning the criteria used to make the promotion in question and
those areas, if applicable, in which the non-selectee was deficient
and might do to
strengthen the opportunity for promotion in the future.
c. The Human Resources Office (HRO) is Responsible for:
(1) Administering the Merit Promotion Plan, assisting supervisors and
employees in carrying out their responsibilities, and guiding the operation to
assure compliance with the Article.
(2) Determining whether applicants meet minimum qualification requirements
and assuring that applicants are properly evaluated and certified for promotion or
placement, or reassignment consideration. HRO will advise, in writing, those
individuals who did not meet the qualifications required for the position.
(3) AWAITING FSIP RULING
(4) Ensuring each selection packet is routed through AGTX-EO.
(5) Preparing and distributing vacancy announcements and Referral and
Selection Certificates.
(6) Determining that legal and regulatory requirements are being met.
(7) Maintaining complete promotion records.
(8) Appointing Subject Matter Specialists when required or requested.
(9) Notification to applicants regarding selections, non-selections, or delays in
the completion of the selection process normally will be accomplished within
sixty (60) days of close of the announcement. Such notification will be mailed in
a manner that ensures privacy of the information.
(10) Chapter Presidents of the Union will be furnished the announcement
number, position, unit/activity, location and name of the selectee
for filled
bargaining unit positions on at least a monthly basis.
(11) The Human Resources Officer will consider requests for exceptions to the
policy on late applications.
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22-6 AREAS OF CONSIDERATION
The Adjutant General is responsible for designating areas of consideration within
the requirements of this section for competition for position vacancies in the Texas
Army National Guard Technician Program. The Area of Consideration will normally be
statewide. However, the Area of Consideration may be restricted if accession of an
employee from outside the Major Command or Operational Activity would exceed the
employment authorization for that entity. If it is necessary to limit the area of
consideration, the reason for the limitation will be provided on the position vacancy
announcement.
The areas of consideration for each specific position vacancy announcement will
be in the following manner and sequence:
a. Bargaining Unit positions:
1. All onboard TXARNG Excepted and Competitive Technicians.
2. All other qualified applicants.
b. AWAITING FSIP RULING
c. The Employer reserves the right to determine if an optional position will be
advertised as Dual Status (Excepted) or Non-Dual Status (Competitive).
d. Whenever an interview/ranking panel evaluates candidates from more than
one applicant source, the panel will use the same technician qualification criteria to
evaluate all candidates.
22-7 ACTIONS EXEMPT FROM COMPETITION
a. Promotion due to issuance of new classification standards or the correction of
a classification error.
b. Placement of overgraded technicians entitled to grade retention
as a result of
RIF or reclassification.
c. Promotion when competition was held earlier (i.e., position advertised with
known promotion potential).
d. Repromotion to a grade or an intervening grade or position
from which a
technician was demoted without personal cause and not at his or her request.
e. Promotion resulting from a technician position being reclassified at a higher
grade because of additional duties and responsibilities.
f. Position change required by RIF procedures.
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g. Position change to a position having no higher promotion potential.
h. Temporary promotion of 120 days or less.
i. Selection of a former technician from the Reemployment Priority List
for a
position at the same or lower grade than the one last held.
j. Detail for 120 days or less to a higher graded position with known promotion
potential.
k. Placement as a result of priority consideration when a candidate was not given
proper consideration in a competitive action.
22-8 Temporary Promotions:
a. If management needs the duties of an established higher grade position
performed for a period of more than 30 days but less than 120 days and if the technician
does perform the full range of duties, the technician will be temporarily promoted rather
than detailed, provided eligibility and qualifications requirements are met, and an SF
52
has been received in the HRO prior to the proposed effective date of the temporary
promotion. A temporary promotion will not be used for training a technician in higher
graded duties or for a trial or evaluation period prior to making a permanent promotion.
Any prior service under details to higher graded positions or temporary promotions to
higher graded positions during the preceding 12 months will count toward the 120 days
noncompetitive limitation. Temporary promotions for more than 120 days will be
subject to merit promotion competitive procedures.
b. A temporary promotion will not exceed two years unless a later termination
date is specified. However, it may be terminated at any time before that date if it is
determined that the technicians’ services are no longer needed in the position.
Notice of
termination will be given the employee at the earliest practical date.
c. A technician selected for temporary promotion will be given advance notice of
the reason the promotion is temporary instead of permanent, the expected duration, and
of the right to return to the former position when the temporary promotion ends. This
notification shall be entered on the employees 904-1 and the technician's
acknowledgment obtained prior to effecting a temporary promotion. Receipt of SF 50 is
the employee's official notification that the promotion is effective or terminated.
d. When a position is to be filled in a temporary manner, every reasonable effort
will be made by the Employer to utilize qualified technicians. Each vacancy will be
reviewed to determine the most effective and efficient means of filling the position.
e. Payroll deduction of union dues will be suspended during the temporary
promotion of a bargaining unit member to a non-bargaining unit supervisory or
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management position. Dues check-off will automatically resume upon expiration of such
a temporary promotion.
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22-9 TEMPORARY EMPLOYEES
Employees appointed to and holding temporary excepted positions must meet the
established qualification requirements for the grade level of the position to which
assigned. Temporary promotions of permanent employees will be considered prior to the
use of temporary appointments.
a. Prohibitions- Temporary appointments will not be used for training purposes
or as a trial and evaluation period.
b. Usage- Temporary excepted service positions will be established only to
accommodate special or unusual requirements, temporary workloads and temporarily
extended absences of employees.
c. Time Limits- Temporary appointments in increments of up to one (1) year, but
not to exceed a total of four (4) years, may be made without competition. Before the
appointment can be made permanent it must be announced in accordance with merit
promotion procedures.
d. Selection- Temporary indefinite employees selected under competitive
procedures will not be converted to permanent status without additional selection under
competitive procedures.
22-10 VACANCY ANNOUNCEMENT
Bargaining unit position vacancy announcements will be advertised by the Human
Resources Office (HRO) and will be open for a period of at least thirty (30) days. At
least
one copy of each vacancy announcement will be mailed to each unit in the Texas Army
National Guard. Each unit or activity is responsible for the posting of vacancy
announcements to unit or activity bulletin boards so that each technician has an
opportunity to apply for promotion consideration for positions in which interested. The
Union will be furnished a copy of each vacancy announcement.
Vacancy announcements will contain as a minimum the following information:
a. Job title, number, grade, and salary range.
b. Location of vacancy.
c. Qualification requirements.
d. Opening and closing dates of vacancy.
e. Area of consideration.
f. Application procedures.
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g. EEO statement.
h. Related military requirements.
i. Job description availability.
j. Summary of duties.
k. Type of appointment - Dual Status (Excepted) or Non-Dual Status
(Competitive).
l. Knowledge, skills, and abilities (KSA's) necessary for successful
performance.
m. Conditions of Employment, e.g., security / training requirements.
n. Name or title of selecting official if known.
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22-11 EVALUATING AND RANKING APPLICANTS
a. The HRO will evaluate the applications of all competing technician applicants
to determine if the minimum qualifications and eligibility requirements are met. Those
applicants who do not meet the minimum qualifying requirements will be notified by the
HRO. The HRO will indicate the qualifications or regulatory requirements the applicant
did not possess.
b. If there are (7) or less eligible candidates who meet the basic qualifications
established for the position, including selective placement factors, they will all be
certified to the selecting official for consideration.
c. If a panel is required all candidates’ applications meeting basic eligibility
for
promotion or internal placement from within the area of consideration will be presented
for evaluation by the rating panel.
d. Candidates who meet the basic qualifications, including selective placement
factors, will be evaluated and ranked and certified to the selecting official. Candidates
will be evaluated in four areas (as reflected on the application):
(1) Experience
(2) Awards
(3) Training and Education
(4) Performance Appraisals
e. The Merit Placement Certificate will contain, in alphabetical order, the names
of all the qualified candidates for a specific vacancy.
f. Applications will be evaluated by the Human Resources Office following the
procedures contained in this Article. A subject matter specialist will be used to assist
in
the evaluation and to identify qualified applicants when deemed necessary.
22-12 JOB EVALUATION
The evaluation of the applications will be conducted by the Human Resources
Office (HRO). It will be based upon the requirements established for the position as
stated in the vacancy announcement. Prior to advertising the vacancy, the major
knowledge, skills, and abilities (KSA's) related to the successful
performance in the
vacant position will be identified. These KSA evaluation factors will be listed on the
qualification work sheet. The number of KSA's will not be less
than three or more than
eight. Each applicant's total experience will be rated in category A, B, or C,
corresponding to the table shown below:
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Point Value of Category Ratings:
3 KSA Factors Used 4 KSA Factors Used 5 KSA Factors
Used
A 33.3 A 25.0 A 20
B 28.3 B 21.2 B 17
C 23.3 C 17.5 C 14
6 KSA Factors Used 7 KSA Factors Used 8 KSA Factors
Used
A 16.6 A 14.2 A 12.5
B 14.1 B 12.1 B 10.6
C 11.6 C 10.0 C 8.7
(Using five (5) KSA Factors a candidate's combined category rating of AABBC
(20, 20, 17, 17, 14) converts to 88.)
When it is necessary to refine a list of eligible candidates through the evaluation
process, each candidate will be awarded points for each rating factor listed on the
Technician Merit Placement Rating Worksheet. The top candidates arrived at through the
evaluation process will be listed on the referral and selection certificate as outlined
in the
preceding sections of this article.
a. Factor 1 - Work Experience. Experience is evaluated in terms of type and
quality in relation to the requirements of the position. Length of service or length
of
experience may be used only when there is a clear and positive relationship with quality
of performance, or when after all specified quality ranking factors have been applied,
there are identical ratings among candidates. Candidates total relevant experience is
rated in broad categories (A, B, or C level listed below) on each evaluation KSA factor
determined in the job analysis.
(1) "A" Level Experience. Candidate possesses type and quality of experience
which substantially exceeds the basic requirements for the position, including
selective placement factors, and which would allow the candidate to perform
effectively in the position almost immediately or with a minimum of training /
orientation.
(2) "B" Level Experience. Candidate possesses type and quality of experience
which exceeds the basic requirement for the position, including selective
placement factors, and which would allow the candidate to perform effectively
in the position within a reasonable period of time (e.g., 3 to 6 months).
(3) "C" Level Experience. Candidate satisfies the basic requirements of the
position with respect to experience, including selective placement factors, but:
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(a) Type and quality of experience beyond that which is basically
required is minimal.
(b) Extensive additional training /orientation would be required to
enable the candidate to satisfactorily perform the duties of the position.
b. Factor 2 - Awards / Official Recognition. Achievements to be considered
include suggestions adopted, special achievement awards, and Exceeds Standards
performance ratings conferred at the next lower grade, or for positions classifiable
at
two-grade intervals, at the next lower qualifying grade. A maximum of 6 points may be
credited for this factor. Points are assigned as follows:
ACHIEVEMENTS
1st year 2nd year 3 or more yrs
Exceeds Standards Rating 3 2 1
Sustained Superior Performance 1 1
0
Suggestion Award 1 0 0
c. Factor 3 - Training and Education. A maximum of two (2) points may be
awarded for this factor. This refers to training and education, which is relevant to
the
position other than that credited for basic eligibility, or which was not considered
elsewhere in the evaluation process.
22-13 INTERVIEWS
a. An interview with each applicant will be conducted by the selecting official.
No other individual will be present at the interview. Interviews will be conducted during
duty hours when possible. Applicants will be afforded an alternate interview period if
they have a conflict. Telephonic interviews will be permitted upon election of the
applicant.
b. A standard interview protocol will be followed in every case. The content of
the interview will be relevant to the job and will not violate the privacy of the individual.
The conduct of the interview, as nearly as possible, shall be the same for all applicants.
c. Applicants may be asked questions relevant to their previous experience and
to the position applied for, but will not be required to submit to formal examinations
or
testing in the conduct of interviews.
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22-14 RELEASE OF EMPLOYEES
Normally, release actions will be affected within two weeks after final selection. In
all
cases, the release date will not be delayed longer than twenty-one (21) days without
approval of The Adjutant General
22-15 RESOLVING DISSATISFACTION
a. When applicants believe they have been improperly excluded from
consideration for promotion, they may submit a written inquiry to the Employer listing
their questions about the promotion action. The Employer will provide a written
response to all such promotion action inquiries within fifteen (15) working days, if
possible, of the receipt of the inquiry.
b. The Union or an employee, who believes that governing procedures were not
followed, may file a grievance under the negotiated grievance procedure. In the
processing of a grievance under the terms of this Article, the grieving employee, or
the
designated union representative if on behalf of the grieving employee, will upon request
be given access to the material used in qualifications determinations in certifying eligible
candidates for a particular job action. The grieving employee, or the union if acting
on
the employee’s behalf, will be provided copies of the material pertinent to the
grievance
in sanitized form, if requested.
c. A grievance will not be considered when it is based solely on non-selection.
22-16 MERIT PLACEMENT FORMS
The following forms will be utilized in the merit promotion system:
a. Technician Merit Placement Rating Worksheet
b. Merit Placement Certificate
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ARTICLE TWENTY-THREE
POSITION DESCRIPTION
23-1 POSITION DESCRIPTION
Position descriptions will be an accurate listing of the major duties that are
required by the Employer to be performed by the affected technician(s). When a new or
revised Position Description (PD) is implemented, the affected technician(s) will receive
a copy.
23-2 OTHER DUTIES AS ASSIGNED
The term "other duties as assigned" as part of the position description is defined to
mean, reasonably related duties to the job/position that do not meet major duty criteria;
however, this does not preclude management from assigning additional duties that are
unrelated on an infrequent basis. If additional duties are assigned on a regular basis,
the
position description should be amended to include such duties and classification
restrictions would apply. The parties acknowledge that employee position descriptions
are a basis for classification and pay determinations. Consistent with management’s
right
to assign work, management will make reasonable efforts to assign work in a way that
is
reflective of the employee’s position description. When general cleanup is required,
assignment will be made on an equitable basis without regard to rank, grade, or sex.
Exception will be recognized for physical infirmities which may preclude participation
or
endanger the health of the technician. Work assignments shall not be in violation of
prohibited personnel practices nor any relevant law, rule, regulation or this agreement.
Employees will not be assigned any duties as a substitute for discipline.
23-3 ADDITIONAL DUTIES
It is acknowledged that there are vacancies that exist from time to time that are not
or cannot be filled due to management decisions; these duties may be equitably
distributed among the remaining work force in the area of concern. The Employer agrees
to fill bargaining unit vacancies, when possible, rather than add additional duties and
or
details to bargaining unit members.
23-4 POLICY
The Employer and Union will exercise efforts in good faith, recognizing the
requirements of efficient operations, to minimize unnecessary hardships, potential health
hazards or discrimination against any employee or group of employees.
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ARTICLE TWENTY-FOUR
PERFORMANCE APPRAISALS
24-1 GENERAL
a. The Technician Performance Appraisal System will be administered for
bargaining unit personnel in accordance with applicable NGB regulatory criteria and this
article. Written performance standards and critical job elements will be established
for
each bargaining unit technician. An essential aspect of management's assignment of work
and the supervision and guidance of employees in the performance of their work is to
establish job requirements for performance so as to achieve the quality and quantity
of
work needed from employees to effectively and efficiently fulfill the TXARNG's
mission
and operational requirements. If the Agency technician performance appraisal system
uses levels of performance higher than fully successful, upon request by the technician,
the technician will be provided a clear understanding on what they have to do to meet
the
higher standard.
b. Technicians will participate with the supervisor in establishing the written
performance standard and identifying the major / critical job elements for the technician's
assigned position. A technician's refusal to cooperatively participate will not delay
establishment or implementation of the performance standards for the position. The
reviewing official should resolve any disagreement.
c. Critical Job elements will be consistent with the technician' s position
description and organizational mission requirements and will be identified on the basis
of
the major duties and responsibilities of the position. A clear understanding of established
standards hold the technicians accountable, those clearly achieving the standard shall
be
rated accordingly. The written performance standards will be kept as simple, objective
and precise as possible.
d. A technician will be consulted upon any performance standard update
requirements to reflect significant changes in a position that may occur during the
appraisal period.
e. A completed copy of the Performance Standard form will be given to the
technician at the beginning of the appraisal period and as changes occur, with a copy
furnished to the HRO.
f. A cooperative effort will be made to resolve performance standard
disagreements through participation of the technician with the supervisor to include
reviewer assistance as may be required.
g. A Labor Organization official will be given the opportunity to be present at a
formal discussion between a supervisor and a technician concerning the establishment
and implementation of performance standards and critical elements through prior
77
notification to the technician and a local official of the Union. The parties here to agree
that this right will be honored based upon the technician's desire and request as made
known to the supervisor and local Labor Organization official.
h. Periodic counseling sessions with respect to performance compared to
established performance standards will be held throughout the appraisal period and
recorded on the technician's NGB Form 904 or the Automated Supervisor' s Brief.
i. Appraisals of Union Officials: The
time spent by union representatives in the
performance of their representational duties should not be taken into account when
accomplishing a performance appraisal. Rather, the performance appraisal will be based
solely on performance of their officially assigned work.
24-2 LEVELS OF PERFORMANCE
If the Employer rates Technicians by the three level system, the levels will be.
Level One: Unacceptable
Level Two: Fully Successful
Level Three: Outstanding
24-3 UNACCEPTABLE
a. A technician may be rated Unacceptable only after a 30-day warning and a
reasonable opportunity to demonstrate a Fully Successful level of performance. The
warning must be in writing and will include the following:
(1) What job element the technician is failing to meet in order to have a Fully
Successful level of performance.
(2) What the technician must do to bring performance to a Fully Successful
within the 30 day period.
(3) What efforts will be made to help the technician improve.
(4) That an Unacceptable rating will be given if the technician's performance
does not improve.
b. A performance rating will be postponed to correspond with the 30-day
warning period as may be required.
c. In the event an Unacceptable performance rating is to be rendered. it shall
include written justification for the rating which corresponds to the job elements as
specified in the initial warning. An Unacceptable rating shall also include a statement
specifying the facts of the prior warning, an explanation of the efforts made to improve
performance of the technician during the warning period, and the reasons for assigning
the unacceptable rating.
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d. Progress reports will be submitted by the technician in writing to include any
supporting evidence or documentation to explain the technician's efforts and progress
made in correcting performance deficiencies.
24-4 TRIAL / PROBATIONARY PERIOD APPRAISALS
a. Probationary technicians shall be carefully observed and appraised during the
trial/probationary period to determine whether they have the qualities needed for
permanent Government service. During this period, supervisors shall provide specific
training and assistance to improve the technicians work performance if needed.
b. Supervisors of technicians serving a trial / probationary period must, no earlier
than the beginning of the 9th month nor later than the end of the 10th month of such
period, submit through supervisors channels to the HRO a signed performance appraisal
form. This evaluation is not considered an official performance appraisal for the purpose
of appeal rights. The purpose of this evaluation is to determine whether the technician
has the qualities needed for permanent Government service.
c. The immediate supervisor will check the appropriate block on the appraisal
form certifying whether the technician is to be retained or not retained. For retention
beyond the trial / probationary period, this evaluation must be at least Meets Standards.
If retention is not recommended the HRO will then take appropriate action to remove the
technician from the Federal service. No portion of this section is to be interpreted
as
preventing or discouraging the initiation of a removal action at anytime during the trial
or probationary period.
d. A technician serving on a trial / probationary period will not be given an
official performance appraisal until after completing the required 12 months of Federal
Service. After completing the 12 months of service, an official performance appraisal
shall be given in accordance with the established appraisal procedures.
e. If a supervisor certifies on the appraisal form that a trial / probationary
technician not be retained the HRO will process a 30 day notice to the affected
technician in writing indicating the reason(s) for the termination and the effective
date of
the action. The probationary or trial technician will not be given a right of reply,
nor will
such a termination be subject to the negotiated grievance procedure.
f. A trial / probationary technician alleging termination based on discrimination
may file a complaint under available EEO complaint procedures or file a grievance for
other non-performance related reasons.
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24-5 PERFORMANCE APPRAISAL WHILE ON DETAIL
A technician on extended detail (one hundred twenty days or more) will be given
an appraisal of performance in the detail within 30 days after completion of such an
assignment.
24-6 POSTPONMENT OF ANNUAL PERFORMANCE APPRAISALS
The postponement of an annual performance appraisal will not extend beyond a
90-day period except in the most extenuating circumstances, of which the technician shall
be advised in writing.
24-7 RECORDS
Official performance records will be maintained as prescribed by regulation and
will be available for review by the technician concerned. Only individuals directly in
the
technician's chain of supervision and those determined as having an official need to
know
in the performance of their assigned duties will be permitted to review performance
records.
24-8 PERSONNEL DECISIONS BASED ON PERFORMANCE
a. Within-grade Step Increase. A technician with a current Unacceptable
appraisal under appeal to the Review and Appeal Board who is eligible for a withingrade
step increase shall be entitled to retroactive award of such increase upon a
determination of Fully Successful performance in the appeal. A within-grade increase
will not otherwise be considered until such time as a Fully Successful level of
performance is determined.
b. Promotions. A technician who has received a current performance of less than
Fully Successful who is eligible for promotion in the employee's current position shall
be
considered for promotion upon a determination of Fully Successful performance in an
appeal. A promotion in current position will not otherwise be considered until such time
as Fully Successful performance is determined.
24-9 ACTIONS BASED ON BELOW STANDARDS PERFORMANCE
a. Technicians will be given continuing assistance in improving areas of
Unacceptable performance through counseling, direct increased supervisory assistance,
and additional training efforts. Such assistance is not intended as a recurring inspection
of deficiencies but as a dedicated and cooperative effort on the part of both the
supervisor and the technician to improve performance to attain a Fully Successful level.
b. If a technician's performance in the critical elements of the employee's
position continues to be unacceptable, despite efforts by the supervisor or management
80
to improve performance, the technician may be reduced in grade (demoted) or removed
from employment.
c. Prior to initiating an action to reduce in grade (demote) or remove a technician
based on Unacceptable performance, consideration should be given to reassignment of
the technician to another position which may be available and for which the supervisor
feels the technician is qualified.
d. An action to reduce in grade (demote) or remove a technician may be initiated
when all procedures of notice to the technician have been accomplished. There is no
requirement to wait until the end of an appraisal period to initiate such an action,
however, every effort will be made to provide a normal appraisal period.
e. A technician against whom a reduction in Grade (demotion) or removal is
proposed is entitled to:
(1) A minimum 30 day advance written notice of the action to be taken
(demotion or removal). The notice will include an identification of the critical
job element(s) and instances of unacceptable performance on which the action is
based.
(2) The respective Chapter president will be notified of the name of the
technician and action to be taken upon issuance of this notice to the technician.
(3) An opportunity to answer the notice in writing.
24-10 OUTSTANDING PERFORMANCE
It is agreed that all technicians in the unit will be encouraged to participate in the
National Guard Incentive Awards Program. The program will be administered in
accordance with the requirements of the Office of Personnel Management (OPM),
National Guard Bureau (NGB) regulatory criteria, provisions of this agreement and any
provisions agreed to between the parties. Unless the Employer determines otherwise, the
Employer each year will give a Performance based award to each technician who has an
annual overall performance appraisal rating of Outstanding. If the Employer denies an
award to a technician who has an annual overall performance appraisal rating of
Outstanding, 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 and whether other employees have
been denied awards for similar reasons.
a. This article will be used for deserving technicians meeting eligibility
requirements, as outlined in this article, for performance-based awards.
b. The Human Resource Office will monitor appraisals and forward all
performance-based awards to DFAS for payment.
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c. The distribution of awards will be based on the performance appraisal used as
justification for the award. Technicians who receive outstanding ratings during the fiscal
year will receive a performance award of $2,000.
d. Performance awards will be applied on a fair and equitable basis. Awards will
be accomplished in a timely manner. The employee will not be penalized for late
submission of appraisal. Disputes under this section are subject to the negotiated
grievance procedure. If the rejection of an award is determined to be invalid, the
technician will then be compensated in accordance with paragraph c. above.
24-11 APPEALS
A technician desiring to file an appeal of the employee's performance appraisal
may do so in accordance with the negotiated grievance procedure outlined in this
agreement.
24-12 PERFORMANCE APRAISAL PERIODS
a. Each technician will be rendered a performance appraisal annually. The
appraisal period will be established as the month of birth and will begin with the first
day of the birth month and end the last day of the month prior to the birth month.
b. Performance appraisals will normally be forwarded to the Human Resources
Office not later than 30 days following the appraisal period. Exceptions to the 30 day
requirement must be submitted to the HRO in writing for approval.
c. Appraisals will be prepared as an original and two copies. After the appraisal
discussion between the supervisor and technician all signed copies are forwarded to the
reviewer for signature. For appraisals of Fully Successful, the reviewer is also
considered the approving official. For appraisals of Outstanding the reviewer forwards
all copies of the appraisal to the approving official. Distribution will be accomplished
in
accordance with Human Resources Office directives.
d. Incentive awards will be given to those individuals who consistently receive
outstanding performance ratings in accordance with the provisions of this contract. Nonpayment
for an incentive award may be grieved under the Negotiated Grievance
procedures of this contract.
24-13 TEMPORARY SUPERVISOR DUTIES
A temporary supervisor must supervise an employee for a minimum of 120 days
to write a performance appraisal. If an individual is temporarily promoted to supervise
those employees who are normally peers, the next level supervisor will be responsible
for
preparing the performance appraisals of those individuals.
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ARTICLE TWENTY-FIVE
TRAINING
25-1 TRAINING
a. The employer will provide adequate training to all technicians to perform their
assigned duties and responsibilities. The employer and the union agree that the training
of all technicians is a matter of primary importance in assuring the unit's mission is
accomplished safely and efficiently. Through employer and union cooperation, the
parties shall seek the most effective training and development for all employees.
Consistent with its needs, the employer agrees to develop and maintain policies and
programs designed to achieve this purpose.
b. Annually, the supervisor and technician will evaluate the training needs of the
technician and the supervisor will inform the technician of any training necessary to
further his or her career. The supervisor will also identify those situations in the
specific
work environment that training can aid in achieving defined objective and goals of the
employer.
c. The employer will identify areas of skill in which scarcities exist and insure
that all technicians are informed of those areas. Furthermore, the employer will establish
training opportunities in these areas and inform technicians of how to apply for training.
d. The employer will continue its present policy of training employees to the
maximum extent practical.
e. When advance knowledge of the impact of pending changes in function,
organization, or mission is available, it shall be the responsibility of the employer
to plan
for the maximum retraining of employees involved. Maximum use will be made of the
authority to waive qualification requirements.
f. In the event of a reduction-in-force, the employer will determine from the
appropriate State Employment Service whether any of the affected employees may be
eligible for training at government expense, and if so, will inform employees how to
apply for training.
g. The employer will give adequate advance notice so a technician will not be
adversely affected by any change in work assignment or of any required additional
training which will be necessary due to acquisition of new equipment or machinery, or
implementation of a new process.
h. Training provided to a technician shall be recorded on the DD Form 1556 and
a copy of this form will be maintained in the technicians Official Personnel Folder.
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i. The Employer will make necessary arrangements for the technician to
attend any
management directed training.
j. Technicians will have the option of attending training courses in a military or
technician status, provided the desired status is mutually beneficial to the agency and
the
employee.
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ARTICLE TWENTY-SIX
HEALTH, SAFETY AND WELFARE
26-1 GENERAL
a. Certain tasks performed involve a degree of hazard, therefore, the employer
agrees that employees would not normally be required to perform duties of a hazardous
nature until after the necessary briefings, instructions, training, or schooling have
been
completed and all available safety precautions and devices have been incorporated.
b. Telephone service will be available in the facilities or buildings of the
employer, which are regularly manned by employees.
c. The employer should attempt to clear parking lots and walkways of snow prior
to the employee’s arrival.
26-2 WORKERS’ COMPENSATION
a. The directives in TXARNG 690-810 govern workers’ compensation issues.
b. Employees shall immediately report job connected injuries or illness to their
supervisor. The supervisor, with the employee, shall insure proper procedures are
followed and that all necessary documents are completed. When the employee is
incapacitated and unable to notify the supervisor of injury or illness, it shall be the
immediate supervisor's responsibility to initiate required procedures as soon as they
are
aware an incident has occurred. Local processing of workers compensation claims will
be coordinated with the HRO. In all situations involving federal workers’ compensation,
the HRO is available to assist the employee and if necessary ensure all required
procedures are accomplished. In the event of a workers’ compensation claim, the
employer will advise the employee through the use of a Federal Employee’s
Compensation Act (FECA) question and answer booklet as to their entitlements and
obligations under the FECA.
c. Consistent with law rule and regulation an employee who has been injured or
temporarily incapacitated and able to perform limited duty may be afforded the
opportunity to perform alternate duties until they have recovered from the injury or
incapacitation. Employees serving in a temporary limited duty status may apply for and
will be considered for promotion, if otherwise eligible.
26-3 TEMPERATURE RESTRICTIONS
The employer and the labor organization recognize the hazards of working in
extreme temperatures yet acknowledge the necessity of accomplishing certain tasks,
notwithstanding.
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a. Extreme Heat: Unless the Employer determines otherwise, the Employer will
grant an employees request to take a break that the employee deems necessary to avoid
heat stress. If the Employer denies the request, the Employer within one workday will
notify the Labor Organization in writing, stating the reasons, with supporting facts,
for
the denial. Upon request by the Labor Organization, the Employer will meet with the
Labor organization to discuss the denial, whether the Employer expects to deny similar
requests in the future, and the circumstances in which the Employer expects that it would
grant a request for a break due to heat. The employer further agrees that operations
involving high air temperatures, radiant heat sources, high humidity, direct physical
contact with hot objects, the addition of protective clothing or strenuous continual
activities have the potential for inducing heat stress in employees engaged in such
operations. The employer agrees to follow OSHA guidelines regarding heat stress.
b. Extreme Cold: The labor organization acknowledges that it is the
responsibility of each employee to insure the adequacy of cold weather protective
clothing and equipment used by them during periods of work in extreme cold. The
employer will furnish all foul/cold weather clothing and equipment (to include safety
equipment) to employees at no expense to the employee. The labor organization agrees
to all safety policies and procedures and the use of protective equipment. The employer
agrees that work may be temporarily discontinued and rescheduled on account extremely
cold temperatures. The employer will observe the following procedures in exercising its
authority under this section.
NOTE: Nothing in this section shall be construed as affecting the authority of the
employer to direct employees to execute the work of the employer during an emergency.
26-4 SAFETY GLASSES
a. The employer will provide OSHA approved safety glasses to those employees
whose job requires safety eyewear in accordance with USPFO instruction letters. Any
additional costs in excess of those required for glasses will be the responsibility of
the
employee.
b. The employee will furnish a current eyeglass prescription or a new
prescription as vision changes occur. All issued safety glasses broken on the job will
be
replaced at no cost to the employee.
26-5 HAZARDOUS MATERIAL COMMUNICATION TRAINING PROGRAM
a. Hazardous material information and training will be made available in
accordance with current DOD directives and OSHA Code of Federal Regulations 29
CFR 1900, 1910 & 1960. All training will be documented.
b. All personnel will receive the training required by the appropriate directives
and standard detailing the hazards associated with chemicals used in their respective
shops. Employees who handle, use, or are potentially exposed to hazardous materials in
the course of official duties, should to the greatest extent possible receive training
on the
86
specific hazards in their work area. This training should be conducted upon initial work
area assignment and whenever a new hazard is identified or introduced into a work area.
This initial training will normally occur before employees are exposed to hazardous
materials.
c. Material Safety Data Sheets (MSDS) will be available to all employees
exposed to any chemical hazard. The MSDS will be on file, in individual shops, in a
known location and accessible to all employees.
26-6 SAFETY SURVEY
A labor organization representative shall be given, on official time, the right to be
present during any safety survey.
26-7 HAZARD REPORTING
a. A hazard may be reported by any person and may be submitted on any event
or condition that affects safety.
b. Reportable hazards include, but are not limited to, unsafe procedures,
practices, or conditions in the following areas:
(1) Ground operation and maintenance of aircraft.
(2) Ground operation and maintenance of vehicles.
(3) Operation and maintenance of facilities.
(4) Training and education programs.
(5) Work environment.
c. Hazards should be reported to responsible supervisors so action can be taken.
Oral reports for imminent danger situations are mandatory. In such situations, the Safety
Office will be immediately notified. If the hazard is eliminated on the spot, no further
action is required. If the hazard is not or cannot be corrected within the work center,
an
Operational Hazard Report (OHR) or DA Form 4755 (Employee Report of Alleged
Unsafe or Unhealthful Working Conditions) will be prepared and given to the section
supervisor. Hazard reports may be submitted anonymously, directly to the State Safety
Office.
d. The State Safety Office will review and evaluate the report in accordance with
OSHA 29 CFR 1900, 1910 & 1960 and other government regulations.
e. If after review and processing of the report by the State Safety Office, the
originator is not satisfied, the employee may appeal or file a grievance.
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NOTE: Applicable Safety regulations are on file in the State Safety Office and are
available to all employees.
f. The term "imminent danger" means any condition or practice in any
workplace which could reasonably be expected to cause death or serious physical harm
(a risk of injury of any sort is not sufficient) immediately or before there is sufficient
time for imminence of such danger to be eliminated through normal procedures.
(1) In the case of imminent danger situations, employees shall make reports by
the most expeditious means available.
(2) The employee may decline to perform assigned tasks because of a
reasonable belief that, under the circumstances, the tasks pose an imminent risk of
death or serious bodily harm, coupled with a reasonable belief that there is
insufficient time to effectively seek corrective action through hazard reporting and
abatement procedures. In these instances, the employee must report the situation
to the supervisor or the next immediately available higher-level supervisor.
(3) If the supervisor believes the condition or corrected condition does pose an
immediate danger, then management shall request an inspection by the State
Safety Office as well as contact the labor organization, who shall be afforded the
opportunity to be present at the time the inspection is made.
g. It shall be the employer’s policy to issue no order that could jeopardize an
employee’s life, health or safety above and beyond those normal hazards inherent
in
daily operations. An employee who reasonably believes that an assigned task poses an
imminent danger of death or serious physical harm may refuse to work if there is no
reasonable alternative. A refusal to follow an order under these conditions will not,
except in emergency situations, subject the employee to punitive action unless the
refusal can be proven to be unjustified. The employee must, however, request the
employer to correct the hazardous condition in accordance with State Health and Safety
Act of 1973.
26-8 PHYSICAL FITNESS
a. If the Employer has a written policy authorizing employee participation in a
physical fitness program during duty hours, then the Employer will authorize employees
to participate in that program during duty hours to the extent the policy so authorizes.
".
b. Employees incurring repeated injuries while participating in a physical fitness
program will be removed from the activity causing the injury for the employee's own
benefit.
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26-9 FEDERAL EMPLOYEE’S HEALTH BENEFITS (OPEN ENROLLMENT
SEASON)
During Federal Employees Health Benefits (FEHB) open enrollment season, the
employer agrees to provide the following:
a. A FEHB plan comparison chart to each eligible employee, as supplied by the
Office of Personnel Management (OPM).
b. Each major work center will be provided with benefits brochures from each
health insurance plan. All employees will have access to these materials for reference.
Availability of brochures is dependent upon quantities received from OPM and the
health insurance carriers.
c. Work centers will be provided with publicity information concerning open
season health fairs for federal employees. Attendance at such events will be coordinated
through the local supervisor. Technicians may attend in duty status.
26-10 TOBACCO
The Employer and the Association agree that an Agency prepared tobacco policy
is required to ensure that technicians are not exposed to the harmful effects of another
individual's tobacco habit. The Agency tobacco policy will be implemented throughout
the technician work force, but may be modified to fit local situations. Implementation
of
the Agency developed tobacco policy is subject to I&I bargaining at the local level.
In as
much as the application of this policy will result in a change in working conditions,
supervisors are required to meet and discuss the local implementation of the policy.
The
tobacco policy will be established consistent with Federal and State laws, regulations,
and
policies.
a. Designated tobacco use areas will be selected by the employer, which are
reasonably accessible to employees and provide protection from the elements.
b. Employees who desire to enter a smoking/tobacco use cessation program may
contact the Human Resource Specialist and seek assistance through the agency’s
employee assistance program. An initial one time government sponsored smoking
cessation course shall be provided when requested, at no cost while in duty status.
c. Employees who use the smoking area should be responsible for trash disposal,
cleaning, and upkeep of the designated smoking area.
d. Supervisors may allow the standard twenty (20) minute break to be split into
smaller break periods to accommodate tobacco users.
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ARTICLE TWENTY-SEVEN
HAZARDOUS DUTY PAY AND ENVIRONMENTAL
DIFFERENTIAL PAY
27-1 PURPOSE
The purpose of this article is to define the situations under which Hazardous Duty
Pay (HDP) and Environmental Differential Pay (EDP) is paid to technicians employed by
the Texas Army National Guard. Specific procedures and guidelines
are established in 5
CFR Part 532 and 550. The employer and the union have as their objective the
elimination or reduction to the lowest level possible all hazards, physical hardships,
and
working conditions of an unusually severe nature.
27-2 COVERAGE
a. This article applies to all Texas Army National Guard bargaining unit Civil
Service employees whether they are employed on a full-time, temporary, part time, or
intermittent basis.
b. HDP applies only to General Schedule (GS) technicians.
c. EDP applies only to Federal Wage Service (WG, WL) technicians.
d. HDP may not be paid to a technician when the duty has been taken into
account in the classification of a technician’s position.
27-3 POLICY
a. HDP and EDP are additional compensation programs available to technicians
for actual exposure to various degrees of hazard, physical hardship, or working
conditions of an unusually severe nature.
b. The existence of HDP and EDP differentials is not intended to condone work
practices, which circumvent federal safety laws, rules or regulations.
c. When a potential hazard or actual discomfort is identified in a work
assignment, first consideration must be given to the protection of the technician.
Protective measures, which reduce the hazard to the technician and relieve his
discomfort, must be made available if at all practicable and the application of these
measures enforced. The payment of HDP and EDP is a measure, which admits that no
available means can reasonably be employed to practically eliminate the hazard or
reduce discomfort to reasonably tolerable levels and provide compensation where
appropriate.
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27-4 RESPONSIBILITES:
a. Employees: Each employee is required to work within the dictates of sound
safety and occupational health practices and procedures, which are under his control.
In
those instances where the application of these practices and procedures cannot eliminate
a hazardous situation, the employee must take positive steps to report the situation,
and
if appropriate, initiate a request to establish an HDP/EDP situation. Recommendations
will be forwarded through supervisory channels to the HRO and to the Labor
Organization.
b. Supervisors: All supervisors and managers must insure that safety practices
and acceptable work procedures are followed. In those instances where the application
of
these practices and procedures cannot adequately alleviate a hazardous situation, the
supervisor or manager will take positive steps to report the situation, and if appropriate,
initiate a request to establish an HDP/EDP situation. Upon receipt of a request to
establish an HDP/EDP situation, the supervisor must examine the situation, provide
recommendations, and forward the request through supervisory channels to the HRO
office. Supervisors and managers do not have the authority to approve or disapprove a
request to establish a payable HDP/EDP situation.
NOTE: Each supervisor or manager must immediately upon receipt forward a HDP/EDP
request through supervisory channels to the HRO. The HRO must forward a HDP/EDP
request to the Labor Organization Office immediately upon receipt.
c. Human Resource Office: The HRO is responsible for the management of the
HDP/EDP programs. The HRO shall review and disseminate all appropriate issuance’s
from the Office of Personnel Management (OPM) and the National Guard Bureau as
may relate to this article. The HRO and the Labor Organization shall conduct annual
evaluations of the program and the approved situations to insure that they are current
and
valid. New qualifying situations that arise will be handled on a case by case basis.
d. HRO and Labor Organization: Upon receipt of HDP/EDP situation requests,
the HRO shall meet with the Labor Organization within fifteen (15) days for the purpose
of evaluating the request. For requests not addressed by this article or the CFR, equal
representatives of the Employer and from the Labor Organization shall evaluate the
situation and determine if the situation meets the requirements of the CFR for approval.
When a situation is approved, it will be distributed to the work force.
NOTE: Nothing shall preclude negotiations through the collective bargaining process,
to
determine coverage of additional local situations under the appropriate application of
Appendix A of the C.F.R., to determine if a local work situation is covered under an
approved category, even though the work situations may not be described under a
specific illustrative example, or to determine additional categories that are suitable
for
referral to OPM for a new environmental differential category or a different percentage
differential for an existing category.
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e. In new situations, submissions must include information about the hazard,
physical hardship, or working condition, showing:
(1) The nature of the exposure so as to show clearly that the hazard, physical
hardship, or working conditions, which results from that exposure of an
unusually severe nature.
(2) The degree to which the employee is exposed to the hazard, physical
hardship, or working condition of an unusually severe nature.
(3) The period of time during which the exposure will continue to exist.
(4) The degree to which control may be exercised over the physical hardship,
hazard, or working condition of an unusually severe nature. The request shall
also include the rate of environmental differential pay recommended to be
established.
(5) Recommendations to establish new situations or to change existing
situations must address the conditions indicated above and must be submitted in
the format indicated in Appendix B of this article.
27-5 HAZARDOUS DUTY PAY (HDP)
a. Introduction: This section provides details necessary to implement an HDP
in the Texas Army National Guard technician program as authorized by 5 CFR, Section
550.901.
b. Coverage: This article establishes the procedure for determining a schedule
of pay differentials for irregular or intermittent duty involving unusually physical
hardship or hazard. The law applies to GS employees serving in full-time, part-time or
intermittent positions.
c. Definitions:
(1) Duty involving physical hardship: means duty which may not in itself be
hazardous, but, which causes extreme physical discomfort or distress and which
is not adequately alleviated by protective or mechanical devices. Situations,
which could qualify for HDP, are:
Duty requiring exposure to extreme temperatures for a long period of time
(see health and safety article), i.e. Duty involving arduous physical exertion,
such as duty that must be performed in cramped conditions.
(2) Hazardous duty means duty performed under circumstances in which an
accident could result in a serious injury or death, such as duty performed on a
high structure where protective facilities are not used or on an open structure
where adverse conditions such as darkness, lightning, steady rain, or high wind
velocity exist.
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(3) Hazard pay differential means additional pay for performance of hazardous
duty or duty involving physical hardship.
d. Authorization to pay HDP:
(1) The supporting pay branch is authorized to pay HDP when:
a. There is an approved HDP situation.
b. The supervisor has processed the required documentation to civilian
pay.
(2) HDP may only be paid to technicians who are assigned hazardous duty or
duty involving physical hardship.
e. Payment of HDP:
(1) Hazardous pay differentials may not exceed an amount equal to 25 percent
of the rate of base pay applicable to the technician. Hazard pay is in addition to
any additional pay or allowances to which the technician becomes entitled. It
shall not, however, be used to compute any additional pay or allowances payable
under another statute or law.
(2) When a technician performs duty for which hazard pay is authorized, he
will be entitled to hazard differential pay for the hours in a pay status on the day
in which the hazardous duty was performed. Hours in a pay status for work
performed during a continuous period extending over two (2) days shall be
considered to have been performed on the day on which the work began and
allowable hazardous pay shall be charged to that day.
(3) Payment of hazardous pay is authorized for technicians only while they are
in a pay status.
(4) Payment of the HDP shall be made to the technician not later than the
second pay period after the actual exposure takes place for an established hazard
as determined by the EDP/HDP committee.
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f. Termination of HDP
The employer shall discontinue payment of HDP to an employee when:
(1) Safety precautions have reduced the element of hazard to a less than
significant level of risk, consistent with generally accepted standards that
may be applicable, such as those published by the Occupational Safety and
Health Administration (OSHA), Department of Labor; or,
(2) Protective or mechanical devices have adequately alleviated physical
discomfort or distress.
27-6 ENVIRONMENTAL DIFFERENTIAL PAY (EDP)
a. Introduction: This section provides some of the details necessary to
implement an Environmental Differential Pay program in the Texas Army National
Guard technician program as authorized by 5 CFR, Chapter 1, Section 532.511.
b. Coverage: Environmental Differential Pay is applicable only to wage grade
technicians as authorized by 5 CFR, Chapter 1, Section 532.5ll and this article.
Environmental Differential Pay will be paid IAW 5 CFR, Chapter 1, Section 532.511.
c. Basis for EDP:
(1) Environmental Differentials are paid for those work situations in which
the technician is exposed to a potentially severe hazard which has a real
probability of occurrence and for which no adequate precautions or protective
facilities are possible to practically eliminate physical injury, illness, or death to
the worker should the potential of the situation actualize. Examples of unusually
severe hazards for which EDP would be authorized are:
(a) A high structure when the hazard is not eliminated by
protective
facilities such as scaffolding and/or enclosed ladders
(b) A high open structure when adverse conditions such as
darkness, lightning, steady rain, snow, sleet, ice, or high wind velocity
exist.
(c) Exposure to an unusually severe physical hardship under
circumstances which cause significant physical discomfort or distress
not eliminated by protective devices.
(2) Environmental situations do not qualify for differential compensation
simply on the basis that an element of hazard or discomfort has been identified
in a work situation. The hazard must involve a real threat with no effective
94
measures available to adequately alleviate the technician from attendant
discomforts or threat of injury. Significant actual discomfort arising from the
work situation must be experienced by the technician with no effective means
available to relieve the discomfort
(3) If no effective measures are available to protect the technician from the
effects of the work environment, and real injury or serious discomfort is
experienced by the worker, appropriate compensation through environmental
differential pay must be provided. However, the essential requirement for the
work assignment, which involves potential hazard or serious discomfort must be
determined first. Second, such protection as is available must be applied to
reduce the effect of the adverse environmental conditions to whatever minimum
is possible. Third, the number of technicians exposed to a potential hazard or
severe discomfort should be limited to the absolute minimum necessary to
accomplish the work assignment.
d. Payment for EDP Situations
(1) An environmental differential is paid to a wage grade technician who is
exposed to a hazard, physical hardship, or working condition of an unusually
severe nature.
(2) A technician subjected at the same time to more than one (1) hazard,
physical hardship, or working condition of an unusually severe nature shall be
paid for that exposure which results in the highest differential but, shall not be
paid more than one (1) differential for the same hours worked.
(3) Environmental differential pay is authorized only when technicians are in a
pay status. Overtime, which is worked for compensatory time off, is not
considered a paid status for this purpose.
(4) Payment of EDP shall be made to the technician no later than the second
pay period after the actual exposure takes place for an established hazard as
determined by the EDP/HDP Committee.
e. Establishment of Environmental Differentials:
(1) Environmental differentials are stated as percentage amounts and are
authorized for categories of exposure. The amount of the environmental
differential, which is payable, is determined by multiplying the percentage rate
authorized for the described exposure by the second rate for grade WG-10 on the
current regular non-supervisory wage schedule for the area, counting one half
(1/2) of a cent and over as a full cent. The resulting cents-an-hour amount is
paid uniformly to each wage technician in the area who qualified for the
authorized environmental differential, regardless of the grade level of the wage
technician or the Federal Wage System (FWS) wage schedule on which the
technician is paid.
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(2) Changes to categories indicated in the approved situations will be affected
as they change in the CFR.
f. When EDP is Paid:
(1) When a technician is entitled to an environmental differential, which is
paid on an actual exposure basis, he shall be paid a minimum of one (1) hour
differential pay for the exposure. For exposure beyond one (1) hour, the
technician shall be paid in increments of one quarter (1/4) hour for each fifteen
(15) minutes or portion thereof in excessive of fifteen (15) minutes; i.e., if a
technician is exposed for one (1) hour and six (6) minutes, he will be paid EDP
for one (1) hour and fifteen (15) minutes. However, when more than one (1)
exposure occurs within the same hour, then the employee shall be paid only the
exposure which results in the highest differential.
(2) When a technician is exposed at intermittent times during the day to an
unusually severe hazard, physical hardship, or working condition for which the
environmental differential is paid on an actual exposure basis, each exposure is
considered separately and the amount of time exposed is not added together
before payment is made for exposure beyond the one (1) hour duration, except
that pay for the environmental differential may not exceed the number of hours
of active duty performed by the technician on the day of exposure.
(3) When a technician is exposed to an unusually severe hazard, physical
hardship, or working condition for which an environmental differential is
payable on a shift basis and on the same day he is exposed to an unusually
severe hazard, physical hardship, or working condition for which an
environmental differential payable on an actual exposure basis at a higher rate is
authorized, then the technician shall be paid the environmental differential on
the basis of the actual exposure, and the environmental differential on the basis
of the shift for the remaining hours in the pay status that day.
(4) When an employee is exposed to a situation for which an environmental
differential is authorized on the basis of hours in a pay status, the agency shall
pay him differential for all hours in a pay status on the day (calendar day, or to
avoid problems involving uncommon tours of duty and when designated by the
agency, a 24-hour period) on which he is exposed to the situation.
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g. Computing Environmental Differential Payments:
(1) An environmental differential is paid in accordance with 5 CFR 532.511,
either on the basis of actual exposure, or on the basis of hours in a pay status. A
wage grade technician, who is exposed to a situation for which an environmental
differential is authorized under 5 CFR 532.511, is entitled to the appropriate
differential regardless of whether the technician has a full-time, part-time, or
intermittent tour of duty; on regular assignment or on detail; or serving under a
temporary appointment or under an appointment without time limitation.
However, to receive a differential, there must be actual exposure to the
environmental condition. The following is given as an aid in computing
environmental differentials. For example, a technician whose regular tour of
duty is 0800 to 1600 hours, Monday through Friday, is exposed to situations for
which a differential is authorized, as follows:
Day Hours Worked % Rate Differential Earned
Monday 0830 to 0900 4 1 hour @ 4%
0920 to 0930 4 0 (second exposure in same hour)
1000 to 1130 25 1-1/2 hours @ 25%
1200 to 1205 4 1 hour @ 4 %
Tuesday 0800 to 0805 4 1 hour @ 4%
0855 to 0925 4 30 minutes @ 4 % (continuation of
a. preceding hour
1000 to 1005 4 1 hour @ 25% (see following)
Tuesday 1055 to 1110 25 15 minutes @ 25% (continuation of
b. preceding hour)
1114 to 1120 4 15 minutes @ 25%
Wednesday 0845 to 0900 4 1 hour @ 25% (pay for an hour at
c. higher rate)
0940 to 0945 25
1555 to 1600 1 hour @ 4% (1 hour of EDP; no
d. overtime pay)
Thursday 1530 to 1730 4 1 hour @ 4% (even though entitled
e. to 2 hours) (call-back
overtime, only
f. 1 hour of EDP)
Friday 0845 to 0850 4 1 hour @ 4% annual leave
0900 to 1600
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(2) Environmental differential pay during absences on leave:
a. Environmental differential is included as part of a technician’s base rate
of pay for periods of paid leave, (annual leave, sick leave, administrative courses,
etc.) under the following circumstances:
a. When a technician is exposed to a situation for which an
environmental differential is authorized on the basis of hours in a pay
status, that differential will be paid during period of absence on paid leave
on the day on which the exposure occurs.
b. When a technician is exposed to a situation for which an
environmental differential is authorized on an actual exposure basis, that
differential will be paid during a period of absence on paid leave only to the
extent that the leave is within the minimum payment periods of one (1)
hour’s differential pay for the exposure or beyond that in increments of
one-quarter-hour.
b. A technician will not be paid an environmental differential during a
period of absence on paid leave on any day in which he would not have been
exposed to situations for which an environmental differential is authorized.
c. Because an environmental differential is paid only on a day on which a
technician is exposed to a situation for which the differential is authorized, it is
not included in a lump-sum payment for annual leave or in computing severance
pay.
(3) Termination of EDP:
The employer shall discontinue payment of EDP to an employee when:
a. Safety precautions have reduced the hazard to a less than
significant level of risk, consistent with generally accepted standards that
may be applicable, such as those published by the Occupational Safety and
Health Administration (OSHA), Department of Labor, or
b. Protective or mechanical devices have adequately alleviated
physical discomfort or stress.
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27-7 DOCUMENTATION OF EDP-HDP EXPOSURE
a. The supporting payroll office receives documentation of EDP/HDP by use of
an NGB Form 104 (Appendix C) Certificate of Authorization for Environmental
Differential Pay, attached to time and attendance (T&A) cards as prescribed in DCPS
pay
manual. This process is required in order to calculate payments of EDP/HDP.
b. Duration of exposure:
List the date, inclusive clock time in the “From” and ”To” columns,
and actual
elapsed time in hours and minutes of each category of exposure shown in the
preceding column: i.e., 1 January 1999; 1300 - 1525 hours; 2 hours and 25
minutes.
c. The signature and title of the authorizing official must be officially designated
for the particular situation in order to certify the exposure for pay purposes.
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ARTICLE TWENTY-EIGHT
RADIOS / ELECTRONIC DEVICES
The Employer agrees to allow the playing of a electronic devices in work areas,
with discretion, as long as it is played in such a manner so as not to disturb work,
cause a
noise disturbance, threaten safety standards, or is otherwise inappropriate for the
workplace.
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ARTICLE TWENTY-NINE
DISCIPLINE
29-1 GENERAL
a. This article applies to matters of CONDUCT only. Actions that relate to JOB
PERFORMANCE will be accomplished in accordance with the agency performance
appraisal system and contract modifications. It is acknowledged that in some cases,
disciplinary actions are necessary; however, they should always be of a constructive
nature. Disciplinary actions which are primarily punitive in nature shall only be
considered in the most serious cases.
b. The parties recognize that discipline should normally be "progressive" in nature
(e.g. actions should normally start with a counseling and only increase in severity if
conduct does not improve). Disciplinary action will be taken for the purpose of
correcting offending technicians and problem situations and maintaining discipline and
morale among other technicians. Management should consider a closer degree of
individual supervision and/or counseling to affect corrective action prior to undertaking
disciplinary action. Both parties recognize that Appendix A, TPR 752 will only be used
as a general guide in determining appropriate penalties when corrective action is
necessary.
c. In order to be effective, constructive discipline must be timely. Disciplinary
action must be initiated within a reasonable period of time after the offense becomes
known to the individual's supervisor.
d. Disciplinary action will be administered IAW TPR 752 and any other
procedures and requirements prescribed in this article.
29-2 NON-DISCIPLINARY CORRECTIVE ACTION
a. This type of corrective action will consist of a counseling interview or warning
between the employee and the supervisor. While counseling and warnings are not
disciplinary actions as defined in TPR 752, they may be used as a basis for disciplinary
action if conduct does not improve. At this interview the employee will be advised of
the
specific infraction or breach of conduct and exactly when it occurred. Counseling and
warnings may be recorded in the individual's personnel file, in pencil. If the corrective
action is to be annotated in the individual technician's personnel file, the technician
is
entitled to have a Labor Organization representative present if desired. The supervisor
will advise the technician of this right prior to the interview.
b. To protect the confidentiality of the records (NGB Form 904-1) and to preserve
the privacy of the individual, records will normally be maintained at the lowest level
of
supervision excluded from the bargaining unit and access will be limited to
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management/technicians concerned and individuals to whom the technician has given
written permission.
c. An appeal of a counseling or warning may be made through the negotiated
grievance procedure. A successful appeal could cause any record of the counseling or
warning to be deleted.
29-3 DISCIPLINARY CORRECTIVE ACTION
a. Disciplinary corrective action consists of oral admonishments, written
reprimands, suspensions, reductions in grade, and removals. Even though these actions
constitute disciplinary corrective action, only suspension, reduction in grade and removal
actions are considered adverse actions since they affect the pay of the technician.
b. Before disciplining a technician, the supervisor will gather all available facts
and discuss them with the technician, informing the technician of the reason for the
discussion. In accordance with section 29-6 of this Article the technician may have a
Labor Organization representative present if so desired. After considering the technician's
response, the supervisor will then advise the technician if the discussion resolved the
matter. If an oral admonishment or letter of reprimand is decided upon, the following
procedure will apply.
(1) An oral admonishment:
(a) Is a disciplinary action that notifies a technician to
desist from a certain course of action. The supervisor will describe the
offense in sufficient detail to enable the technician to understand why
the admonishment is necessary. In accordance with section 29-6 of
this Article, the technician may have a Labor Organization
representative present if so desired. The supervisor will advise the
technician of this right prior to the questioning and presentation of the
admonishment.
(b) Will be annotated in pencil (date and subject) on the
NGB Form 904-1.
(2) Written reprimand will:
(a) Normally be signed by the appropriate supervisor
and coordinated with HRO for contract and regulatory compliance.
(b) Be in accordance with section 29-6 of this Article,
that the technician may have a Labor Organization representative
present if so desired. The supervisor will advise the technician of this
right prior to the presentation of the letter of reprimand.
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(c) Describe the offense in sufficient detail to enable
the technician to understand why the reprimand is necessary.
(d) Inform the technician that the letter will be filed as a
temporary document in the Official Personnel Folder (OPF) [HRO]
until a specific date. Retention period may not exceed 12 months or
when no longer needed or relevant to a continuing or recurring
problem.
(3) An appeal of an oral admonishment or a letter of reprimand may be
made through the negotiated grievance procedure. A successful appeal could
cause the action to be withdrawn and any record of the action to be deleted.
c. In order to protect the confidentiality of the records (NGB Form 904-1) and to
preserve the privacy of the individual, records will normally be maintained at the lowest
level of supervision excluded from the bargaining unit and access will be limited to
management/technicians concerned and individuals to whom the technician has given
written permission.
d. If adverse action is decided upon, the procedure in Section 29-4 applies.
29-4 ADVERSE ACTIONS
c. Adverse Action is an administrative action that results in removal, suspension,
or reduction in grade of any technician. There must be a reason for taking adverse action.
That reason is commonly referred to as a "cause" and is defined as "an offense against
the
employer/employee relationship." What constitutes a "cause" is a decision that must be
made on the merits of each situation. Having a "cause" is not sufficient to warrant an
adverse action. Management must also conclude that taking an adverse action will
promote the efficiency of the service. This is done by establishing a relationship between
the "cause" and its impact or effect upon the efficiency of the service (for example,
the
technician's ability to perform his/her duties, the agency's ability to fulfill its mission,
etc.).
d. Adverse actions will not be initiated by any supervisor without consulting with
the Reviewing Official and obtaining approval of the HRO before issuing a proposed
adverse action and original decisions. The following, as required by agency regulation
TPR 752, will be the sequence of events for an adverse action:
(1) Technicians will be given at least a 30 calendar day notice of proposed
termination and fifteen 15 day notice of proposed suspension or reduction in
grade signed by the individual proposing the action. The technician or the
representative will be given the opportunity to reply to the charges, in writing
and/or in person, to the reviewing official.
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(2) The technician will be given a Notice of Original Decision, signed by the
Reviewing Official, which will state the specific action being taken. Upon
receipt of the decision the technician has twenty (20) calendar days to file for an
appellant review by the Adjutant General or an Administrative Hearing
conducted by a National Guard hearing examiner, but not both.
(a) Technicians requesting an appeal shall state their
dissatisfaction and include with the appeal any proof or other
supportive documents. The appeal letter will also include whether or
not the individual requests representation.
(b) If the technician requests a hearing, the HRO will
submit a written request to NGB-TN for a list of examiners. In turn,
NGB-TN will provide a list of hearing examiners from which the
Adjutant General may make a selection. A letter will be sent advising
the appellant of the name of the hearing examiner. The hearing will be
before the selected hearing examiner who will provide a
recommendation to the Adjutant General. The Adjutant General will
consider the recommendation in making the final decision. The
hearing examiner’s per diem and travel expenses will be paid by
management.
e. An adverse action will be carried out and the action upheld in accordance with
32 USC 709e (5) and (6). In the event of successful appeal, back pay will be reimbursed
in accordance with 5 USC Sec 702, Sec. 5596b.
29-5 RECORDS
a. In any disciplinary action an employee will, upon written request, be furnished
a copy of all written documents in the employer’s files that contains evidence
used by the
employer to support the disciplinary action. Informal notes made by supervisors that
allege infractions, lateness, and the like cannot be used in proceedings against employees
unless timely disclosed beforehand.
b. No written entry will be made in an employee's files concerning disciplinary
matters without the knowledge of the employee. The employee may initial the entry if
desired. The employee’s initials acknowledge that the employee KNOWS that an entry
was made, but in no circumstance may initialing the entry be considered as an agreement
with the entry or an admission of guilt.
c. Documented non-disciplinary corrective action or disciplinary corrective action
will not be retained in the technician’s personal file longer than 12 months unless
a
recurring problem is evident. If no reoccurring problem is evident, the
reference/document will be removed after 12 months.
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29-6 REPRESENTATION
a. When the intention of any discussion may lead directly to disciplinary action,
the technician will be advised in writing of his/her right to be represented by counsel
or to
have a Labor Organization representative present prior to that discussion. The following
format will be used for written notification purposes:
THIS IS WRITTEN NOTIFICATION THAT YOU HAVE THE RIGHT
TO HAVE UNION REPRESENTATION DURING THIS DISCUSSION.
IN ADDITION, YOU HAVE THE RIGHT NOT TO HAVE UNION
REPRESENTATION DURING THIS DISCUSSION.
YES ______
NO _______
_____________________________
(SIGNATURE)
b. If the employee accepts representation, no further questioning will take place
until the representative is present. If the technician chooses not to have Labor
Organization representation, that waiver must be in writing. The Labor Organization will
be served a copy of that waiver. The Labor Organization retains its right to be present
at
all grievance meetings whether the employee accepts representation or not. The
Employer agrees to notify the Labor Organization of pending meetings related to ongoing
grievances and allow the Labor Organization an opportunity to be present. Once the
technician has elected to have a Labor Organization representative present, the interview
will be delayed a reasonable amount of time until the employee's representative can be
present.
c. A supervisor who is conducting an investigative interview will notify the
technician that the interview may lead to disciplinary action and that the employee has
the
right to remain silent and may refuse to give a written statement until a representative
is
present, or representation has been declined in accordance with this section.
105
ARTICLE THIRTY
TECHNICIAN TRAVEL
30-1 AUTHORIZATION
a. Travel and per diem of employees will be directed only when officially
justified and by those means which meet mission requirements.
b. Management understands that certain circumstances associated with temporary
travel may cause undue personal hardship with technicians involved in said TDY;
therefore, the technician, upon request, may be released from such temporary duty
assignment if a qualified replacement is available and willing to perform the duty.
30-2 PER DIEM
Travel and Per Diem for travel or temporary duty as an employee shall be
authorized in accordance with DoD/JTR regulations (Volume II).
Employees will not be
directed to perform official travel at their own expense or at rates of allowances or
reimbursements inconsistent with the provisions contained in Volume II of the Joint
Travel Regulations. DoD/JTR regulations governing adequacy
of quarters for civilian
employees traveling in civilian status when adequate government quarters are not
available and/or provided during official travel will prevail.
30-3 SEVEN DAYS NOTICE
Each employee shall be given a minimum of seven days notice of travel
requirement, if possible.
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30-4 TRANSPORTATION AND QUARTERS
a. Employees required to travel shall be furnished transportation at government
expense. General Services Administration (GSA) vehicles may be used if available.
Privately Owned Vehicles (POV) may be authorized, in accordance with provisions of
Joint Travel Regulation, Volume 2.
b. Technicians on TDY will occupy quarters that meet "established minimum
standards" and will not be directed, cohersed, or pressured
to occupy substandard quarters
( armories, OMS shops, hangers, non-motel/hotel). At the employees discretion he/she
may occupy state or federal facilities.
Note: "Established minimum standards" shall not be less than shown in Table 5-1
of DoD Directive 4165.63-M, i.e. two hundred fifty (250) square
feet net living
area, private bedroom, private bath and environmental controls.
c. Certificates of non-availability will be issued when government directed
lodging is not available. Where lodging is not available at the duty location the employee
is responsible for making travel arrangements. Reimbursement of such expenses will be
in accordance with applicable JTR.
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ARTICLE THIRTY-ONE
WAGE SURVEY
LABOR ORGANIZATION PARTICIPATION
a. The Employer agrees to notify the Union when instructions are to make
preliminary preparations for conducting either a full scale wage survey or a wage change
survey.
b. The provisions of 5 USC and 5 CFR 532 or appropriate governing directives
