2003 Contract

Home
2003 Contract
Legislative Issues
ByLaws
Our Purpose
Contact Us
Calendar of Events
President's Report
Members Page
Officer's
Stewards
Newsletter
Helpful Links
Weingarten Rights

2003 Contract, almost no changes from the current contract in 2006

 

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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.

10

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.

11

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.

12

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.

13

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.

14

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.

15

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.

16

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.

17

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.

18

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.

19

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.

20

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.

21

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.

22

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.

23

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.

24

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.

25

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.

46

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.

47

(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.

48

(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.

49

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

50

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.