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Pursuant to the policy set forth in Public
Law 95-454 and subject to currently applicable statutes and controlling
regulations. The following Articles constitute an Agreement by and between the
Adjutant General of New York, Division of Military and Naval Affairs,
hereinafter referred to as DMNA, and the State Chairman, Association of
Civilian Technicians, Inc. New York, hereinafter referred to as ACT.
Page 1
Agency: The
"Agency" means an Executive agency.
Amendments:
Modifications of the Basic Agreement by adding, deleting, or changing
portions, sections, or articles of the
Agreement.
Emergency: Sudden,
urgent, unforeseen occurrences or occasions requiring immediate action, and not
normally on a regular basis.
Employee: The
"employee" means Title 32, Section 709e, Dual Status and Non-Dual
Status personnel employed by the New York National Guard.
Employer: The
"Employer" means The Adjutant General of the New York National Guard
FLRA: The
Federal Labor Relations Authority.
Grievance: Means
any complaint-
A. By any employee concerning any matter
relating to the employment of the employee;
B. By any labor organization concerning any
matter relating to the employment of any employee;
or
C. By any employee, labor organization, or
agency concerning-
(i) The effect or interpretation, or a claim
of breach, of a collective bargaining agreement; or
(ii) Any claimed violation,
misinterpretation, or misapplication of any law, rule, or regulation
affecting conditions of employment.
Impasse: The inability of the representatives of the parties
to arrive at a mutually agreeable decision concerning negotiable matters,
through the collective bargaining process..
Management Official: An
individual employed by an agency in a position the duties and responsibilities
of which require or authorize the individual to formulate , determine or
influence the policies of the agency.
Negotiation:
Collective bargaining by representatives of the parties on appropriate issues
relating to any condition of employment, personnel policy or practice, with the
view of arriving at a formal agreement.
Supervisor: an
individual employed by an agency having authority in the interest of the agency
to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall,
suspend, discipline, or remove employees, to adjust their grievances, or to
effectively recommend such action, if the exercise of the authority is not
merely routine or clerical in nature but requires the consistent exercise of
independent judgment, except that, with respect to any unit which includes
firefighters or nurses, the term "supervisor" includes only those
individuals who devote a preponderance of their employment time to exercising
such authority.
Supplements:
Additional articles or memoranda negotiated by the parties on subjects not
adequately covered by this Agreement, which are agreed to and therefore become
a part of this agreement.
Union: The
"Union" means the Association of Civilian Technicians.
Union Official and/or Representative: Any
accredited National Representative of the Union, and the duly elected or
appointed officials of the Chapters, including State Council, Stewards,
committee members and others designated by the Union.
Page 2
Table
of Contents
Article #
Title
1. Bargaining Unit Exclusive Recognition
2. Equal Employment Opportunity
4. Technician Assistance Program (TAP)
5. Employer Rights
6. Union Rights
Union Representational Rights & Duties
LWOP for National Union Officers
7. Union Management Cooperation
Page 3
8. Union Representation
Recognition of Stewards and Representatives
Receiving Complaints and Grievances
Official Time for Officials and Representatives
Union Conventions, Conferences & Training
9. Employee Rights
Right to participate in Labor Organization
Notification of Weingarten Rights
Wear of Uniform During Representation
Administrative Pay During Adverse Action
Official Personnel Folder Review
Employee Health Benefits Open Season
10. Dues Withholding
Members Separating From the Bargaining Unit
Changes of Authorized A.C.T. Officials-(1187)
Page 4
11. Publicity
Contents of Bulletin Board Postings
12. Hours of Work
13. Leave
Federal Employees Family Friendly Leave Act
Administrative Leave for Physicals
Volunteer Fire Fighting/Ambulance Crew
Time Spent in Charitable Activities
Compensatory Time Off Religious Observances
14. Holidays
Page 5
15. Inclement Weather
Early Release Policy Climate/Emergencies
16. Environment
Working in Extreme Temperatures
Severe Weather Work Restrictions
17. Health and Safety
Cardiopulmonary Resuscitation (CPR)
18. Hazardous/Environmental Duty Pay
19. Merit Promotion
Civilian Personnel Merit Promotion Plan
Merit Promotion Pamphlet Changes
20. Position Description
Page 6
21. Employee Performance Appraisal
Identification of Performance Standards
Failure of a Critical Element While on Detail
Notification of Improved Performance
State Review and Appeals Board
Separation/Reduction in Grade Extensions
Rational for Critical Element Failure
Personal, Drug and Alcohol Problems
22. Incentive Awards
Incentive Awards Program Objectives
Incentive Awards Program Scope
Incentive Awards Program Administration
23. Reduction in Force (RIF)
RIF Appeals of Specific Notice
24. Detail of Technicians
Detail to a Higher Graded Position
25. Training
Page 7
26. Travel
Travel Per Diem and Financial Hardship
Exception From Travel Assignment
27. Grievance Procedures
Grievance - Union Right to Written Replies
Grievances Concerning Negotiated Agreement
28. Mediation
29. Arbitration
Arbitration-Selection of Arbitrator
Arbitration Exceptions to Award
30. ULP'S
31. General
32. Duration and Changes
Agreement Duration/Negotiating New Agreement
Page 8
ARTICLE
1
BARGAINING
UNIT/EXCLUSIVE RECOGNITION
Section 1. Bargaining Unit
The employer recognizes that the Labor
Organization, ACT, is the exclusive representative of all employees in the
bargaining unit as follows:
INCLUDED: All Wage Grade (WG & WL) and General Schedule
(GS) employees employed by the agency.
EXCLUDED: Management Officials, Supervisors, Professional
Employees, and employees described in 5 U.S.C., Section 7112(b). Any changes to
the bargaining unit after the effective date of this agreement will be through
mutual consent or through the Federal Labor Relations Authority.
Section 2. Supervisors List
Upon request by any union official,
regarding a supervisory position, the HRO will verify that an individual
identified as a supervisor is actually a supervisor or manager as defined by 5
U.S.C. 7103. The HRO will provide appropriate documentation within three (3)
working days upon request of the union official.
Page 9
ARTICLE
2
This agreement sets forth the respective
roles and joint responsibilities of the parties; procedures and methods that
govern the working relationships between the parties; and indicates the nature
of the subject matter of proper mutual concern. The employer and the
Association agree that the parties have had a full and fair opportunity to
bargain on all aspects of all the topics contained in this agreement and that
this contract represents the parties full, final and complete agreement on all
aspects of the topics included in the agreement for the life of the contract.
It is intended that this Agreement will meet the following purposes:
1. To ensure employee participation in the
formulation of personnel policies and
procedures;
2. To provide for the highest degree of
efficiency and responsibility in the accomplishment
of the mission of the New York National
Guard;
3. To promote systematic employee-management
cooperation and communication; and
4. To provide means for discussion and
adjustment of matters of mutual interest.
Page 10
ARTICLE
3
EQUAL
EMPLOYMENT OPPORTUNITY
DMNA and ACT agree to cooperate in providing
equal employment opportunity for all persons, regardless of race, color,
religion, national origin, sex, age, or handicapping condition, in the spirit
inherent in Title VII of the Civil Rights Act of 1964.
If an individual feels that they have been
discriminated against for their political affiliation or marital status,
although not covered under the Equal Employment Opportunity Program, may file a
complaint through the negotiated grievance procedures covered in this
negotiated agreement.
Section 2. Equal Employment Opportunity Program
Any employee who believes they have been
discriminated against in any matter because of; race, color, religion, national
origin, gender (including sexual harassment), age, handicapping condition or
retaliation may initially file a grievance and/or informal EEO complaint. After
the informal process, the individual may pursue either the formal EEO complaint
processing or the negotiated grievance procedure.
Section 3. EEO Discriminatory Practices
To further assure freedom from
discriminatory practices, DMNA and ACT will give no credence to martial status,
political affiliation, union-membership, or other non-merit factors in the
processing of personnel actions.
Section 4. EEO Program Improvements
The Employer agrees to consider and discuss
recommendations and suggestions from the Association on matters relating to the
Equal Employment Opportunity Program and program improvements.
Section 5. EEO Representation
Any employee who initiates an EEO complaint
and/or grievance is entitled to representation (i.e., union, private attorney)
at any time during the grievance/complaint process and/or resolution.
Section 6. Sexual Harassment
Any bargaining unit employee who feels they
have been the victim of sexual harassment may file a complaint, within 45 days
of the latest occurrence, in accordance with NGR (AR) 690-600/NGR (AF) 40-1614,
Civilian Personnel Civilian Discrimination Complaint Processing and
Adjudication.
Section 7. Affirmative Employment Plan
The New York National Guard Technician
Affirmative Employment Plan will meet the requirements of Equal Employment
Opportunity Commission’s (EEOC) MD - 714 and federal law. It supports equal
employment opportunity in every aspect of personnel policy and practice in
employment, development, promotion, and treatment of National Guard employees.
Both parties agree to promote and support all programs for equal employment
opportunity through a positive and continuing effort.
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ARTICLE
4
TECHNICIAN
ASSISTANCE PROGRAM
Section 1. TAP Policy
A. The Employer and the Association
recognize personal problems that effect performance. An employee will not be excluded
from seeking or receiving assistance for personal problems such as but not
limited to; drug/alcohol abuse, financial difficulties, legal, family, or other
problems that may affect job performance.
B. Sick leave will be authorized for the
purpose of treatment or rehabilitation as in any other illness or health
problem.
C. The confidential nature of medical
records of employees will be maintained as provided by law and implementing
regulations.
Section 2. TAP Program Responsibility
A. The Employer will establish a Technician
Assistance Program (TAP) and will appoint a TAP coordinator. Contact
information for the TAP Program will be posted conspicuously in all work
locations. Technician Personnel Regulation (TPR) 792-2 dated 5 September 1978
will be the governing regulation for employee assistance in the New York
National Guard.
B. The program will provide for referral of
employees to resources outside the New York National Guard for treatment and
treatment follow-up. In addition, employees may avail themselves of the program
services on their own initiative.
C. Rehabilitation expenses are the
responsibility of the employee. As with other illnesses, certain specified
costs may by reimbursable under applicable Federal Employees Health Benefits
(FEHB) programs or other individual medical insurance plans in which the
employee may be a participant.
Section 3. TAP Personnel Actions
An employee's job security or requesting
counseling or referral assistance through TAP will not jeopardize employment.
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ARTICLE
5
EMPLOYER
RIGHTS
Section 1. Employer’s Rights Preamble
In accordance with Section 7106 of the Civil
Service Reform Act of 1978 (PL 95-454) and other applicable statutes,
regulations, and Executive Order, the Union recognizes that this agreement
between it and the Employer is subject to the following:
Section 2. Management’s Rights
a. Nothing in this article shall affect the
authority of any management official of the agency --
(1). To determine the mission, budget,
organization, number of employees, and internal security practices of the
agency; and
(2). In accordance with applicable laws;
A. To hire, assign, direct, layoff and
retain employees in the agencies, or to suspend, remove reduce in grade or pay,
or take other disciplinary action against such employees;
B. To assign work, to make determinations
with respect to contracting out, and to determine the personnel by which agency
operations shall be conducted;
C. With respect to filling positions, to
make selections for appointments from (i) among properly ranked and certified
candidates for promotion or (ii) any other appropriate source; and
D. To take whatever actions may be necessary
to carry out the agency mission during emergencies.
b. Nothing in this section shall preclude
any agency and any labor organization from negotiating:
(1). At the election of the agency; on the
numbers, types, grade of employees or positions assigned to any organizational
sub-division, work project, or tour of duty, or on the technology, methods and
means of performing work.
(2). Procedures which management officials
of the agency will observe in exercising any authority under this section.
(3). Appropriate arrangements for employees
adversely affected by the exercise of any authority under this section by such
management officials.
Page 13
ARTICLE
6
UNION
RIGHTS
Section 1. Union Representation
In order not to breach the statutory duty of
fair representation to all bargaining unit employees without regard to union
membership, the parties agree to the following:
Officers and
Stewards will not be required to wear the military uniform while:
- Performing representational duties in accordance with the
negotiated agreement;
- Representing the Union in a third party proceeding;
- Serving as a member of the bargaining unit’s negotiating team;
- While meeting with Management on any labor-related issue, as a
union representative;
- Attending any labor-management training session as a union
representative.
Section 2. Civilian Titles
Union officials, in the performance of their
representational duties will be addressed by their civilian title (Mr., Mrs.,
Miss, Ms.) and surname.
Section 3. Representation Rights and Duties
An exclusive representative of an
appropriate unit in an agency shall be given the opportunity to be represented
at any formal discussion between one or more representatives of the agency and
one or more employees in the unit or their representatives concerning any
grievance or any personnel policy or practices or other general conditions of
employment.
Section 4. Smoking Policy
In each chapter area, the Chapter President
or their representative will meet with the local facility supervisors to
negotiate over rules governing employees smoking within the purview of The
Adjutant General’s DMNA smoking policy letter.
Section 5. Union Office and Equipment
Whenever possible, DMNA agrees to provide
appropriate office space to the State Chairman, Executive Vice Chairmen, Vice
Chairmen, and each Chapter President for the conduct of its legitimate and
authorized business. Such offices will be in facilities in New York National
Guard facilities mutually agreed upon between DMNA and ACT. In locations where
office space is determined by local management to not be available, HRO will
assign a management representative and the ACT State Chairman will assign a
union representative to jointly visit the location to make appropriate
arrangements for the conduct of official union business.
DMNA will provide access to a government
telephone for union use, in private. Whenever possible, this phone may be
provided in the office space mentioned above.
Once designated for official union space,
such facilities shall not be changed or removed without first consulting with
ACT.
Where available, DMNA will provide each
union office space with a personal computer with Internet access.
Page 14
Section 6. Legitimate Union Business
DMNA agrees that the Executive
Vice-Chairman, Vice Chairmen, State Secretary and each Chapter President will
be provided four (4) consecutive hours of official time per week on each
Wednesday to conduct union business. The following provisions apply to this
leave:
- Mission requirements may dictate that the same four (4) consecutive
hours each Wednesday may not be able to be provided, but four (4)
consecutive hours will be provided at alternate time during the same week.
- If union official needs to leave the installation, the supervisor
will be notified prior to departure.
- Leave will not be accumulated from week to week.
- If the uniform is not worn during this period, changing of clothes
comes out of the four-hour periods.
- The timekeeper will reflect the proper official time codes on time
and attendance sheets for all times utilized.
Section 7. LWOP for National Union Officers
Leave without pay up to four years will be
granted, upon request for the purpose of serving on a temporary basis as an
officer or representative at the National Level of the Union. Requests for
extension may be submitted up to sixty (60) days prior to the expiration of the
period of leave without pay. A determination on such requests will be made not
later than thirty (30) days prior to the expiration date.
Page 15
ARTICLE
7
UNION-MANAGEMENT
COOPERATION
Section1. Consultation
DMNA agrees that under the provisions of PL
95-454, ACT is entitled to consultation meetings between its representatives
and those of DMNA.
a. DMNA agreed, if issues or problems
develop that cannot be solved on local level, to meet with the State Chairman
of ACT or a duly appointed representative, at a location mutually agreed upon
by both parties, to discuss such issues or problems. Such meetings will be held
as often as necessary.
b. At any installation, the supervisor
will refer matters of concern that cannot be resolved by meetings between the
supervisor and the steward to his next level supervisor and by the steward to
his chapter president.
c. A meeting will be held at any level
when requested by DMNA or ACT whenever the subject matter to be resolved is
important.
d. Meeting described in paragraphs (a),
(b) and (c) above will be held during normal working hours.
Section 2. Consultation Definition
For the purposes of this Agreement,
consultation is defined as meeting, conferring and negotiating in regard to
policies, programs, and practices related to working conditions of members of
the unit which are the purview of DMNA, in an effort to reach mutual
understanding or agreement.
Section 3. DMNA Consultation Matters
Matters appropriate for consultation and
negotiation between the parties are personnel policies, programs, and practices
related to working conditions, which are within the purview of DMNA. These
matters include but are not limited to such matters as safety, training,
labor-management relations, employee services, methods of adjusting grievances,
appeals, leave, promotion policies, demotion practices, reduction-in-force
matters, and hours of work.
Section 4. Excluded Consultation Matters
No obligation exists to consult or negotiate
with the Union with respect to the mission of an agency, its budget, its
organization, the number of employees, and the ' numbers, types, and grades of
positions of technicians assigned to an organizational unit, work project or
tour of duty, the technology of performing its work, or its internal security
Practices. This does not preclude the parties from negotiating agreements
providing appropriate arrangements for technicians adversely affected by the
impact of realignment of work forces or technological change.
Section 5. Employee Morale
ACT and DMNA shall review the possibilities
of increasing employee morale. This shall be a matter of concern to both
parties with either party submitting recommendations to the other.
Recommendations submitted shall become a topic of discussion during meetings as
set forth in Section 1 of this article.
Page 16
Section 6. Federal Wage Grade Surveys
The employer shall notify the Association as
soon as practical when information is received that higher authority has
directed the start of an official wage survey in the area. When DMNA is the
host agency or is notified by the host agency to participate in a wage survey,
DMNA will notify the Association who will nominate Association
representative(s) for appointment to the wage survey data collection team.
Final appointment to the wage survey team will be approved/disapproved by the
host agency. The number of personnel to be appointed to the data collection
team will be determined by the lead agency. However, the employer agrees to
appoint at least one representative of the Association to the team if the
employer is requested by the lead agency to participate.
Exceptions to Scheduled Wage Surveys
- It is agreed that the Association shall have the right to request,
through DMNA, the National Guard Bureau to the Department of Defense for a
full-scale wage survey to be conducted when significant wage raises have
taken place in the area. Final approval rests with the Office of Personnel
Management.
Organization,
Functions, and Responsibility
- Organization, functions, and responsibilities of the agency and
local wage survey committees shall be as prescribed in 5 CFR, Part 532
(Prevailing Rate Systems).
Wage Survey Data
- The employer agrees to furnish, at the request of the lead agency
(DOD), wage survey supporting data needed to identify the numbers and
classes of employees covered by the survey. Copies of such data will be
provided to the Association, upon request.
Section 7. Bargaining Unit Roster
DMNA agrees to furnish the State Chairman,
semi-annually, the following information: a list of names, titles, grades,
units of assignment and home addresses of all bargaining unit employees. Any
employee who does not wish to have his/her home address furnished will notify
the Human Resources Office (HRO) in writing.
Section 8. Manning Document
DMNA will provide the State Council Chairman,
quarterly, with two (2) current copies of the Full-Time Unit Manpower Document
- Air (spaces and faces) broken down byy base and the Support Personnel Manning
Document - Army (spaces and faces). HRO will provide an index to identify units
within the Army.
Section 9. HRO Newsletter
DMNA will furnish five (5) copies of each
HRO newsletter published by DMNA to the State Secretary of ACT.
Section 10. Access to Regulations, Policies, and Directives
Officials of ACT will have access to all
pertinent technician regulations, policies and directives, based on
availability. Management may either provide a copy of the publication, or
provide a reasonable period of time to review the publication at a nearby work
location, within the workday.
Section 11. DMNA Publications
The State Chairman will be furnished twenty
(20) copies of each DMNA Pamphlet, and Regulation, that pertains to employees.
Page 17
Section 12. New Hire Printout
The Labor Relations Specialist (MNHF-LMR)
will provide a monthly printout developed from within our Personnel Data System
– Civilian (PDS-C) which will reflect the effective dates of all new bargaining
unit hires, to include their unit/organization of assignment. The printout will
be provided to the State Chairman, no later than the 15th of each
month, for all new hires during the previous calendar month.
Section 13. New Hire Pamphlets
DMNA will ensure, that within the first pay
period after hire, all newly hired bargaining unit employees will be provided
with a standard packet, which will consist of, but not restricted to the
following:
- A written statement that the Association of Civilian Technicians is
the sole union representative for all employees in the State of New York.
- A written statement that the employee has the right to join or not
to join the union.
- The names, work addresses and phone number of the local chapter
president and shop stewards(s).
- A copy of the employee’s position description.
- A copy of the current negotiated agreement.
It is labor’s responsibility to provide HRO
with updated documents as necessary of (a), (b), and (c) above to place in the
standard packet.
Section 14. New Hire Training
On a bi-monthly basis, during the first week
of the month, one chapter officer for each chapter will be authorized four
hours of official time for education and discussion regarding the provisions of
this negotiated agreement with newly hired bargaining unit employees. Newly
hired bargaining unit employees will be given the option of attending these
training sessions. If the employee elects to attend the session, official time
will be provided to the employee.
To qualify for this training, newly hired
bargaining unit employees must be trained within four (4) months from the date
that the State Council Chairman was provided with the monthly new hire printout
by the HRO.
Section 15. Use of Facilities
Given prior coordination with local facility
managers, DMNA agrees to the use of meeting rooms at installations during other
than working hours for the purpose of assembling Union membership when it will
not interfere with other scheduled activities or create the need for additional
personnel. ACT will be responsible for the room(s) and contents while in use
and will leave facilities in the same conditions as found.
Page 18
ARTICLE
8
UNION
REPRESENTATION
Section 1. Recognition of Stewards and Representatives
DMNA agrees to recognize the stewards and
representatives duly authorized by ACT.
(a) The number of stewards shall not exceed
the following:
- One for each armory in which there are five or more employees. In
armories of less than five employees, the nearest shop steward may be
utilized.
- One for each OMS Facility.
- Two for each Combined Maintenance Shop and for the Unit Training
Equipment Site.
- Two for each Army Aviation Support Facility.
- Two for the office building of DMNA.
- One for the USP&FO warehouse.
- Five for each Airbase, Six at Stewart ANGB
- One for NEADS.
- Two for each Air Station.
(b)
The local chapter president will designate areas of representational
responsibility.
Section 2. Union Representative List
ACT shall maintain, and shall supply DMNA in
writing, a current complete list of the names and titles of its officers,
representatives, and authorized stewards, with the designation of the group of
employees each steward is to represent. No union representative will be
recognized as an officer or steward unless their name has been provided to
DMNA. ACT will provide DMNA a new master listing on an annual basis.
Section 3. Receiving Complaints and Grievances
Any union official may receive complaints
and grievances. Although anyone who is a union official is authorized to
receive complaints and grievances, initially only one union official will be
granted authorization at a time to leave their work area to receive and
investigate a grievance. When it is necessary to leave the work area, the union
official will obtain permission to leave their work area and to enter other
work areas. If permission cannot be immediately given, because of the mission
being performed, then the employee will be released immediately following its
completion. The union official will notify the supervisor upon return to work.
Union officials will be allowed reasonable and necessary time for the
investigation of complaints and grievances and will be permitted access to
government phones with outside access in a supervisor’s office.
Section 4. Formal Discussions
ACT shall be given the opportunity to be
represented at:
- Any formal discussion between one or more representatives of the
Agency and one or more bargaining unit employees or their representatives
concerning any grievances or any personnel policy or practice of other
general condition or employment; or
- 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
Page 19
- The employee requests representation, by invoking their Weingarten
Rights as described in the agreement.
Section 5. Official Time for Association Officials and
Representative
Whenever it becomes necessary for a State
Council Chairman or Executive Vice-Chairman to consult with the Association’s
attorney in conjunction with third party processing of a complaint, the
officer, will be granted one day official time.
The State Council Treasurer may be granted
12 hours of official time to prepare financial reports required by federal
agencies.
Compensatory time may be earned by
association officials when they are required to attend employer scheduled
meetings which exceed the normal duty hours in an amount equal to the
compensatory time earned by management. To receive compensatory time, the union
official must inform management of compensatory time status prior to the start
of the meeting.
Association officials will be granted
official time, for periods when they would otherwise be in a duty status, to
perform or participate in official union activities as provided for in this
section in accordance with the Labor-Management Statute (5 U.S.C. § 7131).
Section 6. Union Sponsored Conventions, Conferences or
Training
ACT representatives to include Executive
Vice-Chairman, Vice-Chairmen, State Secretary, State Treasurer, Chapter
Presidents, Vice-Presidents, Secretaries, Treasurers, Stewards, and duly
elected delegates shall be authorized official time to attend Union sponsored
conventions, conferences, or training sessions concerning matters of mutual
interest to the government and the employees in their capacity as officials or
representatives of ACT.
A total of 260 days will be authorized for
the use by the 116 union officers on an annual basis, commencing after this
negotiated agreement is ratified and signed, to attend training as outlined
above. The State Council Chairman will distribute this time for the purpose of
union sponsored training (state and national) to include travel time.
Of the 260 days of official time provided,
the number of days will not exceed 8 days for each chapter officer, annually,
for this purpose. The five State Council Officers may exceed the 8 day limit.
That time will come from the 260 day limit.
The State Council Chairman will provide the
HRO with a notice 2 weeks prior to each training session. The request will
include a training agenda and a roster of personnel to attend each training
session. In instances where conflicts exist for a union official attending a
training session, coordination will occur between HRO and the State Council
Chairman to resolve the conflict. HRO will formally contact managers/supervisor
to authorize official time for the training attendees. If written notification
is not received within 5 days prior to the officers training sessions, the
supervisor/manager must contact the HRO Office at DSN 489-4782 or commercial
(518) 786-4782 to obtain a verbal approval.
The State Council Chairman shall forward
requests for additional days to the HRO for consideration.
Supervisors/Managers will ensure that time
and attendance cards will reflect the appropriate code for official time.
All costs for state and national training
will be borne by ACT.
Page 20
Section 7. Official Time
Official time will be provided to designated
union officials for the purpose of negotiations. Union officials must request
excused leave, no less than 5 days prior to such negotiations from their
immediate supervisor. Official time will be provided to one union official for
each management official participating in negotiations. Time will be accorded
on the basis of time spent pursuing negotiations, where both parties are in
attendance, to include travel performed during normal duty hours. official time
will be provided to union officials, and/or employees representing other
technicians for the purpose of:
(a) Grievance or Arbitration procedures.
(b) Impasse proceedings.
(c) In proceedings before the FLRA where the
FLRA has determined official time is appropriate.
- Representation matters covered by Chapter 71 of Title 5, US Code.
The amount of official time authorized will be that which is reasonable
and necessary to complete the aforementioned, including travel. With
mutual consent, official time will also be granted for Union-Management
meetings. It is mutually agreed that official time for which excused
absence is authorized will not be utilized for the conduct of internal
union business. Upon request and prior coordination with the appropriate
supervisor and the HRO, the State Chairman, or his representative, will be
granted a reasonable amount of official time to accomplish Labor
Management related (Chapter 71 of Title 5) Administrative Activities such
as:
(1) Responding to requests from the FLRA,
FSIP or HRO.
- Responding to proposed actions by the HRO.
Section 8. Official Time State Chairman
The
State Chairman will be provided Official Time which is agreed to be reasonable,
necessary, and in the public interest to: conduct training, review regulations,
prepare for and attend hearings, respond to Correspondence, attend meetings
which are of mutual interest to both Management and labor, and any other matter
which is related to lawful representational duties (except no time can be used
for internal union activities). Official time will be arranged by a
notification from the HRO to the Chairman’s timekeeper. Each instance of
official time shall be approved via phone call to HRO. Notification will be
given to the immediate supervisor by HRO.
Page 21
ARTICLE
9
EMPLOYEE
RIGHTS
Section 1. Right to Participate in Labor Organization
DMNA and ACT 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".
Such right includes the right to:
To act for a labor organization in the
capacity of a representative and the right, in that capacity, to represent the
views of the labor organization to heads of agencies and other officials of the
executive branch of the Government, the Congress, or other appropriate
authority.
DMNA shall take such action, consistent with
law or with directives from higher authorities as may be required in order to
assure the employees are appraised of their rights as described in this
article. In addition, no interference, restraint, coercion, or discrimination
is to be practiced to encourage or discourage membership in any lawful
organization. No employee will be precluded from:
a. Being represented by an attorney or other
representative, other than the exclusive representative, of the employees own
choosing in any grievance or appeal action; or
b. Exercising grievance or appellate rights
established by law, rule or regulation:
Except in the case of grievance or appeal
procedures negotiated under this chapter.
c. The terms of this Agreement do not
preclude any technician from bringing matter of personal concern to the
attention of appropriate officials in accordance with applicable laws and
regulations.
Section 2. Weingarten Rights
Any examination of an employee in the unit
by a representative of the agency in connection with an investigation if;
1. The employee reasonably believes that the
examination may result in disciplinary action against the employee; and
2. The employee requests representation.
Employees have the right to union
representation during investigatory interviews by management. These are called
"Weingarten Rights."
By asking to invoke Weingarten rights, the
employee will be provided representation by an exclusive representative of the
local labor organization if the employee believes that the examination may result
in disciplinary action against the employee.
Section 3. Notification of Weingarten Rights
The employer shall annually inform all
employees of their rights under paragraph (2), Chapter 71, Section 7114, Title
5 U.S.C. This notification shall be distributed to all supervisors, state
chairman and union chapter presidents. These rights shall be posted on a board
in each Army Guard activity/unit and each Air Guard work center.
Page 22
Section 4. Wearing of Uniform During Representation
Employees in the bargaining unit will not be
required to wear the military uniform while appearing as a grievant or witness
before a third party proceeding at negotiation Impasses, Arbitration or FLRA
proceedings.
Section 5. World Events
When major world events occur and in the
best interest of keeping all employees informed, employees may bring and may
play television set(s) at the work site. Use of the television set(s) must have
prior management approval.
Section 6. Supervisor’s Work Folders
A. Notations of oral admonishment’s (date
and subject) on the NGB Form 904-1 will be made in pencil and initialed by the
employee and will be removed from their NGB Form 904-1 if not reoccurring
within a one (1) year period from date of initial occurrence. At the time of
entry the employee and the supervisor will agree on a date (normally 6 months)
when they will review the entry to determine if it is still necessary or
relative to a continuing/recurring problem. Should the supervisor determine
that the entry must still remain, a new date will be established for a
subsequent review (normally 6 months).
B. Upon request, an employee must be allowed
to review the work folder pertaining to them. Employees wishing to provide
access to another person must provide the supervisor written notification that
specifically identifies the person to be given access and the records to be
provided. The record can be disclosed to other officials/employees who have a
need for the record in the performance of their duties.
Disciplinary adverse actions consists of :
(1) suspension (includes indefinite suspension); (2) change to lower grade; and
(3) removal. Actions will be accomplished in accordance with TPR-752,
negotiated supplements, and the provisions of this negotiated agreement.
Section 8. Administrative Pay Status during Adverse Action
In adverse action cases where an employee is
removed from pay status in excess of 90 days, where there is no prior record of
adverse action within the last 5 years, the agency will:
a. Schedule a hearing within 45 days of
receipt of written request for hearing pursuant to TPR 752, paragraph 2-17
element 6 (b); and
b. Convene a hearing within 120 days of
receipt of written request for hearing.
Delays caused by union are added to the 120
days. Delays are defined as any adjustment to the original 3 scheduled hearing
dates as proposed by the Labor Relations Specialist.
In the event a hearing is not convened
within 120 days, excluding union delays, the employee shall be placed back in a
pay status effective the next available pay period, with no retroactive back
pay, unless provided for in the final decision by TAG.
Section 9. Disciplinary Actions
A. In those instances where the supervisor
proposes to issue an oral or written reprimand or any other formal disciplinary
action, the employee will be offered the opportunity to representation.
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B. DMNA will administer discipline in
accordance with guidelines established in Agency directives.
C. Each employee will be permitted to
examine their Official Personnel Folder (OPF) which is maintained by the HRO in
accordance with current FPMs and directives. An employee may request, in
writing, a designated representative of their choice, to review their OPF when
the representative is presenting a grievance, ULP, or where otherwise
authorized by rule, regulation, or law.
Section 10. Reprisal Actions
Reprisal actions will not be taken against
any employee for reporting matters required by the various sections of this
agreement.
Section 11. Comments in Employee Files
No derogatory comments or material will be
made or added to an employee's file without the knowledge of the employee.
Section 12. Employee Duties
The duties of each employee shall be as
basically described in NGB publications concerning job descriptions or
subsequent publications that may supercede present documents.
Section 13. Position Description
Each employee is entitled to a complete and
accurate position description, which shall be reviewed with the supervisor as
necessary, but no less than once every teo years, or when a change occurs.
Section 14. Uniforms
The employer will provide the appropriate
military uniform required to be worn in each functional area to all bargaining
unit employees in accordance with current regulations. The employer will
provide an exchange program for worn, torn, or clothing soiled too badly to be
rendered clean and presentable in the performance of day to day duties.
Employees will wear the uniform as provided by the employer.
Section 15. Temporary Duty Assignments
A. The Employer understands that certain
circumstances associated with temporary duty assignments away from normal duty
station may cause undue personal hardships with employees involved in that
assignment. Therefore an employee, upon request, will be considered for release
from a temporary duty assignment if a qualified replacement, as determined and
approved by management, is available and willing to work.
B. The employer agrees to schedule and
arrange for travel of employees to occur within each employee's standard
workday, whenever possible, however, understanding that circumstances and/or
mission requirements will dictate that management assign travel outside the
normal work hours.
Section 16. Travel Compensation
Employees required to travel outside of their
normal tour-of-duty will be granted compensatory time, travel and per diem,
applicable under statute and regulation.
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Section 17. Retirement Consultations
A. When prospective retirees request and are
offered the opportunity to go to DMNA to receive consultation about retirement,
they will do so on an official time status.
B. Prospective Retirees shall be offered the
opportunity to attend a pre-retirement seminar at least 5 years prior to
retirement.
Section 18. Lockers
DMNA will provide a locker at or near the
facility for employees commensurate with space and funding availability.
Section 19. Use of Personal Radios
DMNA agrees to permit employees to play
personal radios in work areas with the supervisor's permission. Use of
earphones is prohibited.
Section 20. Official Personnel Folder Review
When employees are directed, or have
received approval by management to go to DMNA to examine their employee
Official Personnel Folder, they will be granted official time for such
activity.
Section 21. Health Benefits and Open Season
During the annual open season period as
announced by OPM, the employer, upon receipt of the FEHB Open Season Guide
(which includes plan comparisons), will provide sufficient copies to all work
centers for review by each employee.
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ARTICLE
10
DUES
WITHHOLDING
Section 1. Dues Witholding
Payroll deduction for the payment of Union
dues shall be made from the pay of members in the unit who voluntarily request
such dues deductions and who are bona fide members of the Union in good
standing.
Section 2. Standard Form 1187
ACT shall be responsible for purchasing
Standard Form 1187, request and authorization for Voluntary Allotment of
Compensation for Payment of Employee Organization Dues, for the proper
completion and certification of the forms and for transmitting them to the
Human Resources Office (HRO). ACT shall be responsible for informing and
educating its members about the program.
Section 3. Union Dues Deduction
Any member who desires to have their Union
dues deducted from their pay must complete and sign the appropriate portion of
Standard Form 1187, and have the appropriate section completed and signed by an
authorized official of ACT who shall forward or deliver it to the Human
Resources Office. The forms must be received in the HRO at least five (5) days
prior to the beginning of the pay period in which the deduction will begin.
Section 4. Membership Termination
ACT agrees to give prompt, written
notification to the HRO in the event a employee participating in the dues
deduction program ceases, for any reason, to be a member in good standing, in
order that the employee allotment may be terminated.
Section 5. Dues Time Periods
Any employee, who authorizes the allotment
of dues (SF 1187) to the ACT will have such authorization remain in effect for
an initial period of one (1) year. Should any such employee submit a request
for revocation of such authorization (SF 1188) prior to the expiration of this
initial year, the revocation will become effective on the first full pay period
following the expiration of this initial year. Any request for revocation of'
an authorization submitted after the expiration of this initial year will be
effective as of the first full pay period in the month of September following
the submission of the revocation request.
Section 6. Deduction Amount
The amount of dues to be withheld under this
Article shall be the regular dues of the member as specified on the member's SF
1187 or as certified by the Union if the amount of regular dues has been changed
as provided in Section 7 of this Article. A deduction of regular dues shall be
made each pay period from the pay of a employee who has requested such
allotment for dues. it is understood that no deduction for dues shall be made
in any pay period for which the employee's net earnings after other deductions
are insufficient to cover the full allotment of dues.
Section 7. Changing Amount of Dues
If the amount of regular dues is changed by
ACT, ACT will notify the HRO in writing and will certify as to the new amount
of regular dues to be deducted each pay period. New SF 1187
Page 26
authorization forms will not be required.
Changes in the amount of Union dues for payroll deduction purposes shall not be
made more frequently than once in each twelve-month period.
Section 8. Remittance
A check shall be made payable to the
Treasurer, Association of Civilian Technicians, showing the names of employees,
the amount deducted for dues for each employee, and the net amount remitted by
the accompanying check. The list will be broken down by Chapter if computerized
payroll operations permit. Additionally, it will indicate the reason for not
listing any employee who has authorized a deduction.
Section 9. Members Separating From the Bargaining Unit
Deductions of dues provided for in this
Article shall be terminated upon separation of an employee from the bargaining
unit. The HRO will initiate termination of the dues withholding.
Section 10. Changes of Authorized ACT Officials (1187)
ACT shall be responsible for notifying the
HRO promptly of changes in officials authorized to certify Standard Form 1187.
Forms containing signatures of officials other than those indicated by ACT as
authorized to certify will be returned for proper completion.
Section 11. Written Authorization
Nothing in the Agreement shall require an
employee to become or to remain a member of a labor organization, or to pay
money to the organization except pursuant to a voluntary written authorization
by a member for the payment of dues through payroll deductions.
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ARTICLE
11
PUBLICITY
Section 1. Bulletin Boards
Space will be provided for a bulletin board
not less than 36" X 36" or more than 48" X 48" in major
work areas for the display of union information relative to ACT or the
employees in their technician status.
Section 2. Posting on Bulletin Boards
Posting will be accomplished during non-duty
hours.
Section 3. Maintaining Bulletin Boards
ACT is responsible for dating, posting, and
removing material on the board and for maintaining it in an orderly condition.
Information of a temporary nature shall be removed after a reasonable amount of
time has expired.
Section 4. Contents of Bulletin Board Postings
ACT agrees that items posted must not
violate any law or security or contain scurrilous or defamatory material.
Section 5. Violations
Flagrant violation of any of the above
provisions will result in a revocation of the bulletin board privilege.
Section 6. Contract Distribution
DMNA agrees to print the negotiated
agreement in sufficient quantity to permit initial distribution of one (1) copy
for each bargaining unit employee of the New York Army and Air National Guard.
The negotiated agreement will be designed in a manner that is locally
reproducible by DMNA. One copy of the negotiated agreement will be furnished to
the State Chairman for each dues paying member no later than thirty (30) days
after approval by the Department of Defense.
Page 28
ARTICLE
12
HOURS
OF WORK
Section 1. Hours of Work Definitions:
- Administrative workweek means a period of seven (7) consecutive
calendar days, Sunday through Saturday, designated in advance.
- Basic workweek means five (5) consecutive 8-hour days within the
administrative workweek.
- The Alternate Work Schedule (AWS) will be in accordance with Title
5 Chapter 61.
NOTE: AWS requests will be forwarded to the HRO for submittal to The Adjutant
General who is the final approving authority for all AWS. No new AWS will be
implemented until approval from The Adjutant General is received. Any existing
AWS will be in accordance with MNAG-TAG policy letter dated 8 July 1994,
subject: Implementation of Alternate Work Schedules.
Section 2. Lunch Period
A lunch period of one-half hour must be
scheduled outside the hours established for the daily tour and shall not be
considered duty time. Normally this period should be at the mid-point of the
tour of duty. In the event that an employee must work during the scheduled
lunch period, the employee will be rescheduled for another lunch period, as
close as possible to the employee’s original lunch period.
Section 3. Cleanup Period
DMNA agrees that a reasonable amount of time
will be allowed prior to the lunch period and at the close of the shift for the
purpose of personal clean-up, returning tools and securing machinery to the satisfaction
of the supervisor.
Section 4. Compensatory Time
Employees shall not be required to perform
any work or duty before or after normal work day without equal compensation for
such duty or work performed, and such compensatory time will be utilized in
accordance with TPR 690-1.
Section 5. Overtime Work/Premium Pay
Overtime work will be kept to a minimum,
consistent with good mission management. It is agreed that overtime work will
only be scheduled for essential mission requirements and emergencies (sudden,
urgent, unforeseen occurrences or occasions requiring immediate action) and not
normally on a regular basis. An employee, upon request, will be considered for
release from an overtime assignment if a qualified replacement, as determined
and approved by management, is available and capable of performing overtime
work. In normal situations, supervisors will notify employees 48 hours in
advance of all overtime assignments, and in emergency situations, will attempt
to schedule overtime with no less than 1 hour of notification.
a. In the event no volunteers are
forthcoming, then management will distribute overtime in a fair and equitable
manner to qualified individual(s) who most recently have not performed overtime
work. An employee who is in a leave status at the time the overtime work is
required, will not be considered as available for that overtime work
assignment, however the employee is subject to future overtime work
assignments.
Page 29
b. The Employer agrees that any full-time
employee within the unit, who is required to work on a Sunday, nights, or a
holiday as part of the basic scheduled workweek, is entitled to premium pay in
accordance with Title 5 CFR 550.
c. If possible, when required to work
overtime, and upon request of the employees, management will schedule a thirty
minute non-duty period between the technician's normal ending shift and the
start of the overtime work period. The designated thirty minute meal period is
not counted as time worked. If scheduled for four (4) or more hours of overtime,
and time off between the normal ending shift and the start of the overtime work
is not possible, a meal period of twenty minutes or less may be counted as time
worked for which compensation is allowed. Where such an on-the-job meal period
is in effect, employees must spend the time in close proximity to their work
stations and must be available for work.
Section 6. Recall Compensation
When an employee is recalled, the total
compensatory time will not be less than 2 hours.
a. An employee who is required
to perform "telephone standby duty" will receive
compensatory time for such duty. This type
duty will be performed at a site
determined by management
b. An employee who is on
"call status or telephone available" duty will not be compensated for this duty unless called to
perform actual work. This applies to the use of pagers and beepers. This status
is not intended to be a means for management to avoid regularly scheduled
routine taskings.
Section 7. Flexi-Tours
Flexi-Tours will be a matter of local
negotiation between the Chapter President and the appropriate management
officials in their area. All flexi-tours must have the final concurrence of the
HRO.
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ARTICLE
13
LEAVE
Section 1. Leave Article Definitions
Supervisor – An individual employed by the employer in the
interest of the agency to hire, direct, assign, promote, reward, transfer,
furlough, layoff, recall, suspend, discipline, or remove employees, to adjust
grievances, approve/disapprove annual leave, sick leave, etc., or to effectively
recommend such action.
Management Official – An individual employed by an agency in a position
the duties and responsibilities of which require or authorize the individual to
formulate, determine, or influence the policies of the Agency.
Section 2. Use of Leave
Employees shall earn annual leave in
accordance with applicable statutes. A employee's request to take annual leave
shall be granted when they have given their supervisor reasonable notice,
subject to the requirements of management per section 3 & 4 of this
article. When a request for annual leave has been submitted on a Standard Form
(SF) 71 by the employee and denied by management, the employee will be advised
of the reason by management completing the remark section of the SF 71.
Note: The above definitions of Supervisor
and Management Official pertains to Leave only.
Section 3. Submitting Leave Requests
DMNA agrees to provide an opportunity for
each employee to have at least two consecutive weeks of annual leave during the
period of 1 June through 31 August insofar as mission requirements permit.
Requests for leave during this period shall be submitted not later than 15
April. Leave that is requested between 1 September and 31 May can be requested
by the employee at anytime subject to the restrictions of section 4. All leave
will be scheduled in accordance with the seniority list. The seniority list
will be made available upon request at each installation. Seniority will be
based on the service computation date.
Section 4. Requests for Annual Leave
Requests for annual leave of three days or
more will be submitted at least 24 hours in advance, except in an emergency.
Upon request for leave, DMNA Agrees to notify the employee immediately of
approval or disapproval, advising the employee of the reason, if denied, by
completing the remark section of the SF 71. Upon advance request, the employee
will be granted annual leave for a work day which occurs on a religious holiday
unless such request causes a severe work interruption.
Section 5. Emergency Leave
Requests for emergency leave will be
considered on an individual basis. Employees will contact their supervisor
within one hour after the beginning of their workshift for approval of
emergency leave, stating the reason for the request and the approximate time
they expect to be absent from work. Leave granted under these conditions cannot
exceed four (4) weeks except for extraordinary circumstances. In the event the
leave is denied, the supervisor will advise the employee of the specific reason.
Page 31
Section 6. Leave Forfeiture
Annual leave, which would otherwise be
forfeited, will be scheduled by Management after contacting the employee. The
employee will be counseled, if required, no later than 15 April and will submit
a tentative schedule for the use of leave. If on 1 October, there is any leave,
which may be forfeited that is not scheduled, Management will schedule its use.
Section 7. Sick Leave Call-In Time
Employees shall earn and be granted sick
leave in accordance with applicable statutes and regulations. The employee
shall notify their immediate supervisor or designated representative of their
incapacitation for duty as soon as possible, but not later than 1 hour after
the start of the employee’s shift, except under extenuating circumstances.
Section 8. Workers Compensation
If an employee sustains a traumatic related
injury, while on duty in a technician status, such injury will be handled in
accordance with 20 CFR Parts 10 and 25. Early filing of the claims forms (CA-1
for injury or CA-2 for illness) is essential to assure full coverage for any
job related illness or injury. Supervisors will ensure that all required forms
will be forwarded to the proper HRO representative, within the time limits
required by applicable regulation.
Section 9. Sick Leave Statute
Approval
of sick leave for pre-arranged medical, dental and optical appointments must be
secured in advance.
Section 10. Sick Leave Abuse
It is DMNA’s policy, in general, not to
require a medical certificate to support an application for sick leave of three
(3) workdays or less. Such a certificate may be required in individual cases if
there is good and sufficient reason to believe the employee is abusing sick
leave privileges. This requirement will not be invoked without first advising
the employee of their questionable sick leave record and giving them an
opportunity to improve. If there is no improvement, the employee will be
advised in writing that all future requests for sick leave must be supported by
a medical certificate. This requirement will be periodically reviewed with the
employee, at least once in each six-month period and a determination will be
made if this requirement is to continue. Should a determination be made that
the employee’s sick leave record has improved to the extent that a medical
certificate is no longer required for absences of less than three days
duration, the employee will be so notified in writing.
Section 11. FEDERAL EMPLOYEES FAMILY FRIENDLY LEAVE ACT
(FEFFLA) OF 1994
(1) The FEFFLA is a
program authorized by Public Law 103-388, on 22 October 1994, with an effective
implementation of 2 December 1994.
FEFFLA expands the use of sick leave by
permitting employees to use a total of up to 104 hours of sick leave each year
( or, in the case of a temporary employee, the number of hours of sick leave
normally accrued during a leave year) to-
a. provide care for a family member as a
result of physical or mental illness, injury, pregnancy, childbirth, or
medical, dental or optical examination or treatment; or
b. make arrangements necessitated by the
death of a family member or attend the funeral of a family member.
(2) The law defines family members as
spouses and their parents; children; parents; siblings and their spouses; and
any individual related by blood or affinity whose relationship to the employee
is the equivalent of a family relationship.
Page 32
(3) Under FEFFLA, all employees will be able
to use a total of up to 40 hours of sick leave a year for family care or
bereavement purposes. In addition, an employee who maintains a balance of at
least 80 hours sick leave will be able to use an additional 64 hours sick leave
per year for these purposes, bringing the total amount of sick leave available
for family care and bereavement purposes to a maximum of 104 hours per year for
employees who satisfy this condition.
(4) Use of sick leave for the above
mentioned purpose will be approved and monitored by the first line supervisor.
Supervisors may request appropriate supporting documentation to assess if
criteria stated above is met for the use of sick leave. Supervisors need to
establish sufficient control to ensure the 40-hour, as well as the additional
64 hour (with 80 hour balance), benchmarks are not exceeded.
(5)Both parties agree to any extension,
modification, or elimination required by subsequent legislation after the
proper evaluation by appropriate authority in October 1997.
Section 12. FAMILY AND MEDICAL LEAVE ACT (FMLA) OF 1993.
The FMLA provides an employee with a total
of 12 administrative workweeks of unpaid leave during any 12 month period for
family and medical needs. An employee may request appropriate paid leave during
this 12-week absence. Conditions for usage of the FMLA are as follows:
(1) Physical incapacitation and
recuperation. A portion of the 12-week absence may be granted to employees who
need to stop work at some point before their due date for their own health and
that of their unborn child. A FMLA period may also be granted to women for the
period of their incapacitation for delivery and recuperation. In determining
the appropriate length of absence to grant, supervisors may require a copy of
the physician’s instructions.
(2) Infant Care. New mothers may need
additional time beyond their recuperation period to adjust to the new family member
and develop a close relationship with the infant. New fathers may also need
additional time at home because of the added responsibilities and to build a
close relationship with the newborn. Supervisors may grant annual leave and a
reasonable amount of leave without pay to meet these needs.
(3) Adoption of children. Sick leave may be
used for adoption related purposes, including appointments with adoption
agencies, social workers, and attorneys; court proceedings; required travel;
and any other activities necessary to allow the adoption to proceed.
Section 13. Use of Compensatory Time
Compensatory time will be taken on an
as-earned basis and must be utilized within twenty-six (26) pay periods from
the pay period in which it was earned. An employee's request to take
compensatory time shall be granted when they have given their supervisor
reasonable notice, subject to the requirements of management. When a request
for compensatory time has been submitted on a Standard Form (SF 71) by the
employee and denied by management, the employee will be advised of the reason
by management completing the remark section of the SF 71. Compensatory time
must be scheduled for use by the employee within twenty-six (26) pay periods
from the pay period in which it is earned. If the employee fails to schedule
their compensatory time within twenty six (26) pay periods, the supervisor must
schedule its use within the twenty six (26) pay period limit. The provisions
for restoration of lost compensatory time has been eliminated.
Section 14. Administrative
Leave Physical Exams
Administrative leave will be granted to
employees for the time necessary for required agency or military physical
examinations whenever necessary or requested by the Agency.
Section 15. Volunteer Fire Fighting/Ambulance Crew
Upon request, an employee who participates
as a member of a volunteer fire department or ambulance crew may normally be
granted 3 days of administrative leave per year under the following conditions
as indicated below. At the discretion of the supervisor, an employee may be
granted an additional 2 days, for the total of 5 days per year, of
administrative leave.
Page 33
- The situation, which is the basis for the request, must have
occurred between the hours of 10:00 p.m. and 7:00 a.m., which precedes a
normal workday.
- Must have been an active participant in the situation for which the
administrative leave is requested.
c. Must be supported in writing by a letter
from the senior person in charge of the
department.
Section 16. Time Spent in Charitable Activities
In accordance with 5 CFR Section 551, time
spent working for public or charitable purposes at an agency’s request, or
under the agency’s direction or control, shall be considered hours of work.
However, time spent voluntarily in such activities outside an employee’s
regular working hours is not hours of work.
Section 17. Compensatory Time Off Religious Observances
To the extent that such modifications in
work schedules do not interfere with the efficient accomplishment of an
agency’s mission. The agency shall in each instance afford the employee the
opportunity to work compensatory overtime and shall in each instance grant
compensatory time off to an employee requesting such time off for religious
observances when the employee’s personal religious beliefs require that the
employee abstain from work during certain periods of the workday or workweek.
Section 18. Blood Donation
Employees who donate blood will be
authorized excused absence, if requested. The maximum excused time will not exceed
4 hours. The 4 hours, if requested, is for recuperation purposes and must be
used on the day blood is donated.
Employees wishing to donate blood must
pre-coordinate the donation with their supervisor. The employee will inform
their supervisor of their intent to return to work or not return to work.
Section 19. Natural Disasters
Management may grant employees
administrative leave to assist during natural disasters. The following
conditions must be met prior to the granting of this leave:
a. The Governor
must declare the locality a disaster area.
b. The military
needs of the unit are met.
c. The employee must reside within the
declared disaster area.
d. It must be in the public interest.
Section 20. Physical
Fitness Program
Civilian employees are authorized three (3)
hours per week of official time to participate in the physical fitness program
in accordance with the established policy of the employer.
Page 34
ARTICLE
14
HOLIDAYS
The following are identified as holidays for
the purpose of pay and leave of National Guard Employees:
NEW YEAR'S DAY
MARTIN LUTHER KING
DAY
PRESIDENT'S DAY
MEMORIAL DAY
INDEPENDENCE DAY
LABOR DAY
COLUMBUS DAY
VETERAN'S DAY
THANKSGIVING DAY
CHRISTMAS DAY
Any other day designated as a holiday by
Federal Statute or Executive Order.
All days listed above, in addition to any
designated by law, regulation or Executive Order, will be non-work days for
employees while performing in a technician status. Employees who may be
required to work on a holiday will receive holiday pay in accordance with
applicable regulations.
Holiday
Work will be scheduled fairly and equitably among employees necessary to cover
the situation and to deal with emergency or essential operational commitments.
Page 35
Article
15
Inclimate
Weather Policy
Early Release
Climate/Emergencies
a. Early release of employees due to climate
conditions or for a breakdown in essential service, is within the
administrative authority of The Adjutant General. This authority will be used
sparingly, only for minimum periods of time, and is further delegated to the
Deputy Adjutant General.
b. All employees are to presume their
work site will be open each regular workday regardless of weather conditions or
pubic announcements made by private organizations or other government agencies.
c. When approval is granted to a request for
early release of employees, a written report listing the cause, duration, and
number of employees involved will be forwarded to Headquarters, ATTN: MNHF,
after the situation had reverted to normal.
d. Employees scheduled for work during early
release periods will be carried in an excused absence status without loss of
pay or charge to leave for that period. If the employee is assigned to an
uncommon tour of duty or shift which does not include the time period of
excused absence, there is no entitlement to excusal. If an employee is on
annual leave, sick leave, or taking compensatory time when the early release
notice is approved, they are charged the leave and not administratively excused
unless the notice states otherwise. Exception is, if there is an
Executive/Administrative Order issued, closing the facility, an individual
would not have to charge already schedule leave.
e. If tardiness or early release periods
have not been authorized and the immediate area where a employee resides is
such that travel is prohibited within that county, the employee may request
administrative leave which will be reviewed for approval/disapproval at this
headquarters by MNHF. The request must be forwarded through command channels
and contain at a minimum the following information:
- Employee’s name/work site location
- Title/grade of position
- Scheduled hours of work/shift
- Home of record (including county and zip code)
- Primary/alternate routes from home of record to work site
- Name/phone number of immediate supervisor
- Statement of circumstances
f. Authority is also delegated to the below
listed individuals to grant excused absence up to two hours for New York Army
and Air National Guard employees reporting late or leaving early because of
extreme weather conditions:
* Chief of Staff, NYARNG * Chief of Staff, NYANG
* Chief of Staff, 42 In Div (M) * Chief of Staff, 53 Trp Cmd
* Deputy Commander, 27 In Bde * Each NYANG
Base/Station
Page 36
Article 16
Environment
Section 1. Working in
Extreme Temperatures
DMNA and ACT mutually recognize the hazards
of working in extreme temperatures while, at the same time, acknowledge the
necessity for accomplishing certain tasks to varying extents even in the most
extreme temperatures. It is the responsibility of each employee to ensure the
adequacy of cold weather gear worn and to make full and proper use of all such
protective equipment prior to venturing out into extreme temperatures.
Section 2. Severe
Weather Work Restrictions
No local outside routine work will be
performed when the temperature is below -25 degrees Fahrenheit or equivalent
wind-chill temperature is below -40 degrees Fahrenheit. Mission Essential/Emergency
requirements will be performed without regard to the temperature or wind-chill
factor and management will ensure exposure is for only brief periods of time.
EDP/HDP will be paid per DMNA Regulation 690-11 when personnel are exposed to
these conditions.
It is realized that tolerances among
individuals differ and that the type of outside work being accomplished affects
the body heat generated by a worker. Therefore, common sense must be applied
with regard to maximum exposure time.
Section 4. Facility
Environment
If heating or cooling problems of an extreme
nature occur, management will make every effort to relocate employees to an
environment suitable for work. Employees dismissed, by reason of management’s
inability to re-locate employees to suitable environments for work, will be
given administrative leave. If extreme heating/cooling problems cannot be
resolved by local management officials by relocating the employees to a
suitable work location or fixing the heating/cooling problem, the HRO will be
immediately notified of the situation. In situations where the HRO cannot
immediately resolve the problem by authorizing administrative leave for the
affected employees or relocating the employees to a suitable work location, the
immediate supervisors will authorize liberal annual leave/compensatory time.
The approval of annual leave will be dependent on mission essential/emergency
requirements. In the event employees take annual leave or compensatory time,
and at a later time administrative leave is approved, employees will be charged
only the time they took prior to approval of the administrative leave.
Page 37
ARTICLE
17
HEALTH
AND SAFETY
Section 1. Working
Conditions, General
- DMNA will make every effort to provide safe and healthful working
conditions in accordance with OSHA Standards and 29 CFR Part 1910. ACT
will cooperate in these efforts and encourage employees to work in a safe
manner and to obey established safety practices and directives.
- The employer agrees to provide federally approved personal
protective equipment and safety equipment as required by applicable
regulations and manuals. Employees are required to use personal protective
and safety equipment provided by the employer. Equipment may include, but
is not limited to:
- Safety glasses, when and where required, safety glasses, with side
shields to include the replacement of broken or damaged ones, will be
provided by the employer consistent with governing regulations.
- Permanent or portable eye wash, shower and ventilation as required
by applicable safety regulations in those areas where employees are
exposed to fuel, acid or other hazardous contaminants.
- First aid kit, fire extinguisher, fire blankets and stretchers will
be provided as required.
- Employees will not be subjected to conditions that would be
detrimental to health and safety in the routine performance of mission
requirements. In the event an emergency situation requires such an action,
the supervisor concerned will forward through applicable Safety Officers
to the Chairman, DMNA Safety Council, a report of the actions taken to
include the rationale for the action and any recommendations to preclude a
recurrence of the situation. This report will be submitted within 10 working
days from date of occurrence. A copy of the report will be provided to the
Union representative at the installation.
- ACT has the right to submit any contrary opinions as to the
validity of the emergency, through ACT’s appropriate channels, to include
the reasons for their decision to the Chairman, DMNA Safety Council.
- An employee who feels that the actions
required constituted an emergency, which was not declared by the
supervisor, has the right to submit a grievance. The proof of such a
position is incumbent on the employee concerned.
d. Where an employee is working without
immediate supervision and a situation develops where it’s not possible to obtain a decision as to the
nature of the action required, the employee may choose not to complete the task
due to hazards involved, but is required to immediately notify management
through locally established procedures.
e. If an employee is subjected to a
violation of health and safety regulations or standing operating procedures,
the employee can ask for an immediate evaluation by the designated safety
representative. All employees are responsible for the prompt reporting to their
supervisor
Page 38
of observed unsafe conditions. Once
notification of an unsafe condition has been made to management, it will then
be management’s responsibility to correct the situation, and/or to report the
condition to the appropriate safety personnel.
Section 3. Reporting
Injuries/Illnesses
Employees shall report job-connected
injuries or illnesses to their supervisor immediately and complete the
appropriate forms as applicable. DMNA shall furnish, to the extent allowed by
regulation, first aid for job-connected injuries, physical impairments or
illnesses. Further treatment if required will be provided under Federal Employees
Compensation Act.. Initial transportation will be provided, as appropriate.
Employees will be fully advised of their rights and options under the Federal
Employees Compensation Act, upon initial employment and periodically thereafter
by their supervisor. At the time of injury or as soon as possible thereafter,
the employee will again be advised of their rights and options.
At each installation where possible, an
eating area will be provided.
- DMNA will make every effort to comply with requirements as
contained in applicable laws and regulations for fire protection and
public safety at installations where technicians are employed.
- Periodic briefing of employees will be held at each installation
regarding fire protection procedures to include practice evacuation of the
facility.
c. Fire exit doors, as required by applicable fire regulations, will
not be locked during working hours, subject to local internal security
requirements
Section 6. Monthly Safety
Inspection
Representatives from management and union
will conduct monthly safety inspection(s). A joint report will be submitted to
the Chairman, DMNA Safety Council, by the employee supervisor, and ACT
representative, with a copy furnished to the local union official.
In those instances where the round trip
travel will be in excess of eight (8) hours within the same day, an assistant
driver will be provided wherever possible.
Section 8. Health and
Safety Survey
When OSHA is involved in obtaining data or
conducting surveys which relate to health and safety issues, the local union
official will be notified and participate in the survey and be furnished a copy
of any reports provided to management.
Section 9. Access to
Safety Publications
The employer agrees to provide access to all
publications required in the administration of the employee health and safety
program. If not available in the local safety library, employees will contact
their Base/State Safety Office for obtaining appropriate publications.
Page 39
Section 10. Local
Safety Committee
At
each facility and level of management, where an employee safety
council/committee exists, the senior union official or their representative at
each facility will be granted membership. The chairman of the committee will
ensure that the ACT representative is notified of all meetings with sufficient
prior notification so that arrangements can be made for attendance.
a. Local safety committees will be
established.
b. The Association will nominate, for
appointment by the Employer, at least one
employee from within the bargaining unit to
serve as a member of each local safety
committee.
c. The names of personnel serving on local
safety committees will be published and
posted on appropriate bulletin boards.
d. The employer will ensure that annual
safety training will be provided for all safety
councils.
Section 11. State
Safety Committee
The Association State Chairman or his
designated representative, will be a member of the committee. The chairperson
of the committee shall be a management official appointed by the Adjutant
General from within one of the activities of the DMNA
- The purpose of this committee is to assist and advise the employer,
in accordance with applicable safety directives, on matters affecting
occupational health and safety.
- This committee shall meet at least semi-annually or upon call of
the chairperson. Minutes of all meetings will be recorded and copies
furnished to the employer and the Association.
Section
12. Cardiopulmonary Resuscitation (CPR)
DMNA and ACT agree
that the availability of a person trained in the use of cardiopulmonary
resuscitation (CPR) techniques and general First Aid is a valid safety
precaution. It is agreed that every reasonable effort will be made to certify
at least one person, at each work location, in CPR and First Aid procedures.
Also, every reasonable effort will be made to provide equipment needed to
ensure their skills could be used to the maximum benefit of all concerned. It
is further agreed that management will select any personnel to be trained; and
any administrative costs of initial training of personnel, and their subsequent
rectification, will be borne by, and scheduled by, DMNA.
Section
13. Occupational Health
The employer agrees
to establish a medical surveillance program in accordance with current
occupational medicine protocols. The medical records generated from this
program are confidential in nature, and will not be released to any third party
unless there is an employee generated Privacy Act release form on file.
Section
14. Administrative Dismissal
The Employer shall
make every reasonable effort to ensure the health, safety, and well being of
employees. Under emergency conditions, which result in the loss of heat, water,
power, etc., the Senior Management Official will direct administrative
dismissal of Employees after appropriate approval from the HRO. Management will
respond immediately to all union representative inquires regarding the actions
being taken in response to the situation.
Page 40
Article 18
Hazardous Duty Pay
To establish
guidelines under which Hazardous Duty Pay (HDP) and Environmental Differential
Pay (EDP) are paid to New York Army and Air National Guard Technicians, whether
they are employed on a full time, part time or intermittent basis.
Specific procedures
and guidelines that are provided in DMNA 690-11, titled Civilian Personnel
Hazardous Duty and Environmental Differential Pay Plan will be followed in
administering this program, as permitted by 5 CFR part 532.511 and part
550.902. No changes will be made by DMNA to any provision of the plan, which
affects employees in the unit without first consulting and negotiating with the
Union.
Section
3. HDP/EDP Responsibilities
Supervisors will
inform all employees of DMNA Regulation 690-11 and its availability for review.
DMNA shall invite a representative of ACT to attend all HDP/EDP meetings.
Page 41
ARTICLE 19
Merit Promotion
Section
1. Civilian Personnel Merit Promotion and Placement Plan
DMNA agrees to
implement the merit promotion and placement program in accordance with Public
Law 95-454 and DMNA Pam 690-4, titled "Civilian Personnel Merit Promotion
and Placement Plan for New York National Guard Technicians. No changes will be
made by the Employer to any provision of the plan which affects employees in
the unit without first consulting and negotiating with ACT. DMNA and ACT
agree that the purpose of the Civilian Personnel Merit Promotion and Placement
Plan for New York National Guard Technicians is to:
a. Fill all
technician positions with the best-qualified individuals available.
b. Ensure
all employees have an opportunity to develop and advance to their full
potential.
c. Fill all technician positions on the basis of merit
and job-related factors.
Section
2. Merit Promotion Exclusions
The merit promotion
article does not apply to the filling of supervisory jobs by non-bargaining
unit personnel and AGR personnel. Therefore, grievances over the filling of
these jobs are excluded from the negotiated grievance procedure.
Section
3. Merit Promotion Pamphlet Changes
It is mutually
agreed that the current Civilian Personnel Merit Promotion and Placement Plan –
DMNA Pamphlet 690-4 will remain in place and the date will be changed to align
with the date of the new negotiated agreement.
Section
4. Upward Mobility Plan
It is further
agreed that the Association and DMNA will utilize DMNA Pamphlet 690-12(Upward
Mobility Plan New York Army and Air National Guard) to ensure employees are
afforded the opportunity to aspire to reach their fullest potential. The
employer will make no changes to this pamphlet to any provisions of DMNA 690-12
without first consulting and negotiating with ACT.
Page 42
ARTICLE 20
Position Description and Classification
A. Employee duties
will be assigned in accordance with the employee position description of the
assigned position.
B. The duties of
vacant positions may be distributed among the remaining workforce within the
functional area in a fair and equitable manner.
C. It is also
understood that these provisions do not interfere with or restrict management’s
right to assign work.
Section
2. Position Descriptions
Copies of present and
new position descriptions will be made available to employees concerned and to
ACT upon written request.
Section
3. Classification Appeals
An employee has the
right to appeal the classification of the position to which they are officially
assigned. Prior to filing an appeal the employee shall discuss the matter with
the supervisor concerned. An ACT representative may be present at the initial
meeting if the employee so desires. The HRO shall advise and assist employees
on procedural aspects of filing classification appeals. The employee may
designate a representative or representatives of their own choosing to assist
in preparing the written appeal.
a. A classification
appeal is a written petition made by an employee or a group of employees for a
change in the classification of the position to which assigned. An employee may
appeal:
1. The grade, title
or series of the position they officially occupy.
2. The coverage of
their position under the Federal Wage System or the General Schedule.
b. An employee may
not appeal:
1. A dispute with
the supervisor concerning the description of duties.
2. The contention
that the classification of a employee’s position is inconsistent with that of
another position.
3. A final
classification assigned by the Office of Personnel Management (OPM).
4. Official
position classification standards.
5. Federal pay
schedules and locality wage schedules.
6. Changes is step
rate resulting from personnel actions; or
7. Personnel
actions and questions of authorized duties and responsibilities.
Page 43
Section
4. Position Description Changes
A request for the
redescription of a position description may be submitted at any time an
employee believes that the major duties and responsibilities in the job
description do not accurately describe the duties they actually perform or when
the duties assigned to the position on a regular recurring basis are
inconsistent with the position held by the employee.
Section
5. Other Duties as Assigned
When mission
requirement allow, the phrase "other duties as assigned" will not be
used regularly to assign work to an employee that is not reasonably related to
their basic position description.
Page 44
ARTICLE 21
Employee Performance Appraisal
Section
1. Appraisal Regulation TPR 430
The basis for Employee
Performance Appraisal will be TPR 430, dated 1 October 1997 and the Civil
Service Reform Act of 1978.
Section
2. Appraisal Program Evaluation
A meeting will be
held between DMNA and ACT periodically to discuss the effectiveness of this
program.
Section
3. Performance Standards
a. All personnel
involved in the performance standard/appraisal process will be familiar with
TPR 430. Performance standards should describe the fully acceptable level of
performance that will fully satisfy the supervisor's expectations and allow for
successful completion of that part of the organization's function and goals for
which that particular job is responsible. The supervisor must explain this to
the employee prior to establishing performance standards, final determination
will be made by the immediate supervisor with the concurrence of the reviewer.
A union representative will be assured the opportunity to be present if
requested by the employee. If a union representative is not requested at the
commencement of the discussions, they will be assured the opportunity to be
present if requested by the employee later. Performance standards shall comply
with 5 U.S.C. 4302(b)(1) and any change thereto.
b.
When employees are informed of their performance standards (NGB Form 430 and critical elements they will be
given a copy and it will be made a matter of record requiring their signature.
Appraisal of an employee’s performance will not be accomplished unless the
employee has been performing under a written standard for a minimum of one
hundred and twenty (120) days.
Section
4. Appraisal Definitions
a. Appraisal. The
continuing process by which the employee is kept informed of how their
performance compares against established performance standards and results in a
final performance appraisal at the end of the appraisal period.
b. Appraisal
period. The period of time, normally one year but not less than 120 days, for
which the employee's performance will be appraised. The appraisal period will
end on the last day of the employee's month of birth and will begin on the
first day of the following month.
c. Appraiser. The
employee's immediate supervisor is the individual most responsible for
employee's performance, for establishing performance standards, for counseling
the employee on the critical and major elements of the job, and for appraising
the employee based on pre-established mutually understood performance
standards.
d. Approving
official. A manager or supervisor in the employee's chain of command who is at
higher organizational level that the reviewer. This individual is the approving
official for performance appraisals of excellent and outstanding, and may
recommend personnel decisions and actions resulting from the appraisal.
Page 45
e. Critical job
element. Any component of an employee's job that is of sufficient importance
that performance below the minimum standard established by management requires
remedial action and denial of a within-grade increase, and may be the basis for
removing or reducing the grade level of that employee. Such action may be taken
without regard to performance on other components of the job.
f. Major job
element. A major duty or responsibility of the employee's job which, although
important, is not considered critical in relation to other aspects of the job.
g. Overall
performance appraisal. The appraisal assigned at the end of the appraisal
period that describes the overall performance level of the employee based on
performance of each individual job element.
h. Performance
level code. A numerical indicator (.0 to 1.0 points) assigned to each
individual job element during the performance appraisal that denotes the
employee's level of achievement compared to the performance standard.
i. Performance
standard. A description of the level of achievement, including quality,
quantity, and timeliness, necessary for full acceptable performance of the
duties and responsibilities of the position. For employees covered by merit
pay, an additional set of performance standards will be established indicating
the level of performance an employee must meet in order to qualify for an
excellent performance appraisal. Whenever it is possible, standards for all
employees should be established at more than one appraisal level.
j. Unacceptable
performance. Performance of an employee that fails to meet performance
standards in one or more critical elements of that employee's position.
Section
5. Appraisal Responsibilities
a. The Adjutant
General. The Adjutant General is responsible for:
1. Establishing
responsibilities within their respective states, the proper administration and
operation of this appraisal system.
2. Ensuring that
all managers and supervisors are adequately trained in all aspects of
performance evaluation under this system.
b. HRO is
responsible for:
1. Administering
the appraisal system within the State.
2. Reviewing
completed appraisals for timeliness, completeness, and conformance with the
regulatory requirements of this system.
3. Ensuring that
necessary personnel actions or decisions based on the performance evaluation
are carried out.
4. Employee
performance appraisals will be maintained as a confidential document. Its use
will be restricted to employee matters unless the employee agrees to its
disclosure.
Page 46
c. Supervisors.
(appraisers) will:
1. In cooperation
with their subordinate employees, establish written performance standards and
critical job elements for each position. These standards and critical job
elements must be consistent with the duties and responsibilities covered in the
employee's position description. A copy of the established standards and
critical job elements will be provided to the employee and the HRO.
2. Personally
inform employees of the level of performance required for a fully acceptable
performance.
3. Appraise
performance on a continuing basis and keep employees informed as to how their
performance compares to the established performance standards.
4. Give guidance
and assistance to each employee as necessary on how performance can be
improved.
5. Assign the
annual performance appraisal with established standards and requirements.
6. Coordinate the
annual performance appraisal with the reviewer before discussion with the
employee.
d. Reviewers.
Responsible for:
1. Assisting
supervisors in identifying critical elements and establishing performance
standards.
2. Reviewing
appraisals and ensuring that appraisals by subordinate supervisors are
accurate, fair, meaningful and complete.
3. Participating
with appraisers to resolve any disagreements over critical elements, performance
standards, or the employee's performance appraisal.
e. Approving
Officials. Responsible for:
1. Making a
comprehensive review of the employee's performance appraisal at the end of the
appraisal period, including the written appraisal and discussion with the
appraiser and the reviewer if necessary.
2. Approving or
recommending personnel action and decisions resulting from the performance
appraisal in accordance with established procedures.
f. Employees.
Employees are responsible for:
1. Participating in
the development of performance and critical job elements.
2. Advising their
supervisors of the need, if necessary, to revise performance standards and
critical elements during the appraisal period.
3. Requesting
clarification of any element of the job or performance standard not clearly
understood.
4. Identifying work
problems and cooperating with the supervisor in resolving any problems,
advising the supervisor on special factors and circumstances that should be
considered in the appraisal process, and discussing objectives for improving
job performance.
Page 47
5. Participating
actively with the supervisor during discussions of performance throughout the
appraisal period.
Section
6. Identification of Performance Standards
a. This section
will provide for establishing performance standards which will, to the maximum
extent possible, permit accurate evaluation of performance on the basis of
objective criteria.
b. Since TPR 430
calls for five (5) levels of performance appraisal, performance standards will
be written for Fully Acceptable and Excellent. The appraiser will make
judgement on performance appraisals of Unacceptable, Marginally Acceptable and
Outstanding.
c. Appropriate
Extrapolations for Five Performance Levels using Written Standards.
Unacceptable Marginally Fully
Excellent Outstanding
Acceptable
Acceptable
(appropriate (appropriate
(written (written (appropriate
extrapolation) extrapolation) standard) standard)
extrapolation)
d. After the
supervisor and the employee have identified the major/critical elements,
established performance standards and the reviewer has concurred, the
supervisor and the employee will sign and date the performance standards and
critical elements form, NGB Form 430. Appraisal of an employee's performance
will not be accomplished unless the employee has been performing under a
written standard for a minimum of one hundred and twenty (120) days.
Section
7. Failure of a Critical Element
a. If during the
appraisal period a supervisor advises an employee of their failing to measure
up to a critical element of their performance standards, the supervisor must
provide this to the employee, including specific instructions on how to improve
their performance on this critical job element and a date that performance is
excepted to meet the standards. Assistance will be provided by the supervisor
to assist the employee in attaining the fully acceptable level of performance.
This date will be at least ninety (90) days from the date of the counseling
session. A union representative will be assured the opportunity to be present
at all counseling sessions if requested by the employee. An employee given a 90
day notice of unacceptable performance will be given the opportunity to grieve
the substance of the notice through the negotiated grievance procedure.
b. The supervisor
will, upon the request of the employee affected, provide a copy to the local
union representative when a ninety-day warning of a possible unsatisfactory
rating is given.
Section
8. Failure of a Critical Element While on Detail
If an employee is
detailed for a period of over one hundred and twenty (120) days and received an
unacceptable rating in a critical element, upon request by the employee or the
Union, the Agency will provide the reasons and supporting facts for the
unacceptable rating.
No action will be
taken as a result of less than fully acceptable performance without benefit of
a written thirty day notice. A minimum 30-day advance notice of the action to
be taken (reduction in grade or removal), which identifies the critical job
element(s) and instances of unacceptable performance on which action is based.
This advance written notice must be concurred in by an official who is in a
higher position than the immediate supervisor. (This requirement does not apply
when the action is being taken by The Adjutant General). This is not a proposed
notice, but is to be
Page 48
considered as a
final notice of the action to be taken because, before this final step, the
employee would have been given adequate assistance and time to improve
performance.
Section
10. Notification of Improved Performance
The employee must
be notified by the supervisor in writing when unacceptable performance in any
critical job element has improved and is within the minimum standards set and
the time frame allotted.
Section
11. State Review and Appeals Board
a. Performance Appraisal Board proceedings; the
appellant must file the performance appraisal appeal NLT 30 calendar days from
the date that the employee reviews the appraisal, hence the HRO will notify the
employee, supervisor, and the Appeals Board President of the impending hearing
within 14 calendar days upon receipt of the letter requesting an appeal.
b. The Performance
Appraisal Board President will become familiar with TPR 430 and the performance
appraisal.
c. The Performance
Appraisal Appeal Board will convene NLT 90 calendar days upon receipt of the
appeal from the HRO.
Section
12. Separation/Reduction in Grade Extensions
At the discretion
of the state the effective date of separation or reduction in grade may be
extended pending final decision.
Section
13. Rational for Critical Element Failure
Where an employee
can reasonably substantiate that he/she cannot satisfy critical elements or
meet performance standards because of conditions beyond their control, no
adverse action or detrimental performance rating will be initiated or rendered
arising from such situation. Every effort will be made to resolve such
situation informally.
Section
14. Personal, Drug and Alcohol Problems
Unacceptable
performance related to alcoholism, drug abuse or personal problems must be
handled first in accordance with TPR 792-2, 5 September 1978 and DMNA Pam
690-8, 1 June 1980.
Section
15. TPR 430 Availability
A copy of TPR 430
will be available to each employee. On large installations (ANG Bases/Station,
USP&FO, CSMS and Flight Facilities) there should be one copy for each ten
employees. A copy should be available at each OMS (two copies if they employ
over ten employees) and at least one copy in each armory.
Page 49
ARTICLE 22
INCENTIVE AWARDS
Section
1. Incentive Awards General
The employer and
the Association agree that a well managed Incentive Awards program can greatly
benefit the employee program and be of real significance in improving the
morale and well being of the work force. The employer will publicize all
aspects of the program and the Association will encourage employee
participation.
Section
2. Incentive Awards Program Objectives
Incentive awards
are an effective means to achieve greater efficient, economy, and improvement
of operations in the employee program by encouraging active participation of
employees. The program recognizes and rewards employees, individually or
collectively, for achievements and suggestions contribution to the efficiency,
economy, or other improvements of government operations that exceed normal job
performance requirement, as well as those who perform outstanding special acts
or services in the public interest in connection with official employment.
Section
3. Incentive Awards Program Scope
The Incentive
Awards Program addresses awards or recognition in the following areas:
a. Suggestions
b. Inventions
c. Sustained
Superior Performance (SSP) (Special Achievements Awards)
d. Special Acts or
Services (Special Achievement Awards)
e. Length of
Service Recognition
f. Honorary Awards
and other methods of recognition
g. Letters of
Commendation or Appreciation
h. Quality Salary
Increases (QSI)
i. On the Spot Cash
Awards
j. Time Off Awards
Section
4. Incentive Awards Program Administration
The parties agree
that the details outlining the purpose, scope and administrative procedures
relating to the Incentive Awards program are published in TPR 451 (dated
February 1990 through change 4 dated October 1992) and further defined as
pertains to members of the bargaining unit in this article. The availability of
funds will determine the extent of monetary awards.
In the event TPR
451 is revised during the term of this agreement, the Employer agrees to
conduct appropriate impact and implementation (I&I) bargaining with the
Association on matters concerning the Incentive Awards Program which may impact
on this agreement.
Section
5. Incentive Awards Committee
An Incentive Awards
Committee will be scheduled by the Employer and will serve all employees in the
State for awards requiring the Adjutant General’s approval.
Page 50
ARTICLE 23
REDUCTION IN FORCE
A Reduction In
Force (RIF) occurs when an employee is released from their competitive level by
separation, change to lower grade, furlough for more than 30 calendar days, or
reassignment involving a replacement of another employee. Such action may be
due to lack of work or funds, reorganization, abolishment of position, transfer
of functions or the need to place an employee exercising restoration rights.
a. The following
actions do not constitute a RIF:
1. Separation of
employees who fail to accompany a transfer of function.
2. Management
reassignment of an employee to a vacancy at the same grade or representative
rate.
3. Termination of
temporary employees.
4. Downgrades as a
result of reclassification.
5. Termination of
temporary promotions.
6. Elimination of
employees through disciplinary/adverse action procedures.
7. Furlough of 30
calendar days or less.
b. DMNA agrees to
notify ACT State Chairman of any notification of pending adjustment of
manpower, positions, re-alignment, reclassification, or reduction in grade as
this information becomes available. This information will be provided to assist
the Association in helping to preclude a possible RIF action.
A RIF will be
accomplished in accordance with the procedures outlined in TPR 351 and the
specific terms of this article.
a. DMNA will
designate the specific area for RIF after consultation with ACT, in accordance
with this Article.
b. DMNA agrees to
consider all reasonable actions to avoid or minimize the impact of a RIF.
Consideration will be given to curtailing recruitment or promotion in the
geographical area affected by the RIF. Existing vacancies will be considered to
retrain qualified employees who would otherwise be separated. Every effort will
be made, within budgetary restraints, to retrain employees affected by a RIF to
prevent separation. When a RIF is declared, employees who work in the area
affected by the RIF may accept a voluntary early retirement, if qualified and
is authorized.
c. DMNA and ACT agree to negotiate a cut-off date for
appraisals to be used in the RIF process. The cut-off date does not negate the
continuing requirement of appraisals to be accomplished as they affect a
multitude of other non-RIF issues.
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Section
4.
DMNA Actions During a RIF
DMNA Agrees to the
following:
a. Notify ACT of an
impending RIF action within 10 workdays. DMNA further agrees to provide an
explanation of the procedures which will be used for implementation of the RIF
within 30 calendar days from the date of receipt of original notification to
the State Chairman. Such notifications will be made following 3 (b) above.
b. ACT will be
given an opportunity to review the implementation of the RIF and respond not
later than 30 calendar days with suggestions.
c. Meet with a
representative of ACT to explain the need for a RIF and the procedures to be
used in the implementation.
d. ACT will be
given a copy of the retention register established in conjunction with the RIF.
e. Provide
briefings as appropriate to keep the employee workforce informed.
f. Assure that
applicable regulations are available for review by all partied concerned.
g. Review criteria
to determine the need for a RIF and provide applicable counseling.
h. Develop an
aggressive placement program for adversely affected employees.
i. Individuals
affected by RIF will not receive their 60-calendar day notice prior to the
State Chairman providing DMNA with a response.
Section
5. RIF Retention Register
DMNA will establish
a retention register before releasing employees from their competitive level.
The register will show the competing employees in descending order starting
with the highest score first. The retention register documents any action being
taken and is maintained for every RIF action. When a retention register is
established, it will list all competing employees in descending order by tenure
groups 1, 2, and 3. The employee’s correct tenure group is shown in item 24 of
the SF50. For the purpose of this article, "Employee" is defined as
Supervisory and Bargaining Unit Personnel.
a. This process
will begin with the highest-grade level employee with the highest retention
standing.
b. The following
ranking standards will be utilized for determining retention standing for
placement actions during a RIF.
1. Tenure Group.
2. The average of
the employees last three performance appraisals. Employees who do not have
three official appraisals on file will be credited with 55 points for any
missing appraisals in the average. If a decision on an appealed performance
appraisal is issued prior to the effective date a RIF personnel action, the new
appraisal will be used in the retention standing equation. Every reasonable
effort will be made by all parties to expedite the appeal process to cause a
final decision prior to RIF’s effective date.
3. As a tiebreaker
service computation date.
4. As a second tie
breaker employee service date.
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5. If it becomes
necessary to displace an employee, the same standards above will apply to all
employees.
Section
6. RIF Placement Actions
a. Placement offers
and competition for occupied positions will occur in the following order:
1. Placement in
vacant positions at the same grade or pay.
2. Competition for
occupied positions at the same grade or pay.
3. Placement in
vacant positions at lower grade levels or pay.
4. Competition for
occupied positions at lower grade levels or pay.
b. When placed,
employees must meet all military/compatibility requirements and be able to
perform the duties of the job. The HRO may waive all employee qualification
standards except mandatory education and military/compatibility requirements
(unless waived by NGB) for placement in vacant positions at the same or lower
grade. In order to displace other employees in occupied positions at the same
or lower grade level, management and the HRO must determine that the excess
employees are well qualified AND can perform the duties without disruption of
the work operations. Employees who are displaced will receive job offers in
accordance with Section 6a above. Competitive, merit placement procedures must
be used for placement in higher graded positions.
Section
7. RIF Competitive Level/Area
a. The boundary
within which employees compete for retention and receive placement offers. A
competitive area may be defined in terms of organizations and/or geographical
location. It may be restricted to the commuting area or one organization or
expanded to cover the entire state. The area may also include both the ARNG and
ANG or be restricted to one service. The competitive area should be identified
during advance planning for RIF.
b. A competitive
level consists of all positions within a competitive area which are in the same
grade, same type of service (dual or non-dual status) and are so alike in
qualification, requirements, duties and responsibilities that the employee can
be moved from one position to another without undue interruption to the work
program. The management of the competitive levels is the responsibility of the
HRO.
1. Separate
competitive levels are required within the same series and grade and within the
same trade or occupation when differences exist.
2. A competitive
level may consist of only one position when that position is not
interchangeable with or similar to other positions.
3. Separate
competitive levels will established for:
A. Part-Time and
full-time positions.
B. Dual and
Non-Dual Status service positions.
C. Supervisory and
non-supervisory positions.
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Tenure groups are
the categories in which employees are grouped based on length of employment and
completion of probationary/trial periods.
a. Tenure Group I –
Permanent, competitive service employees with career status, who have
successfully completed their probationary period, and permanent, excepted
service employees who have successfully completed a trial period.
b. Tenure Group II
– Permanent employees who are serving a trial or probationary period. This
category includes competitive service employees with career-conditional status
and excepted service employees who have not completed their trial period. Competitive
service employees under career appointment who must serve a probationary period
are also in tenure II.
c. Tenure Group III
– Employees who serve under indefinite appointments in the excepted service.
Section
9. RIF Order of Release
a. The order in
which employees on the retention register will be released from their
competitive level based upon their retention standing.
b. When a RIF
requires the release of one of more competing employees from a competitive
level, all employees in group 3 are selected for release before any in groups 1
or 2, and all group 2 before any in group 1. Within each group, employees are
selected for release in the order of their retention score, beginning with the
lowest score.
The Human Resources
Office will issue RIF notices to all affected employees.
a. General Notice:
This notice is issued when it cannot be determined what specific personnel
actions will take place during a RIF. This notice must be supplemented by a
specific notice before an employee can be released from their competitive
level.
b. Specific Notice:
Before releasing employees from their competitive level, they must receive a
specific notice no later that 60 days prior to the effective date of the
personnel action. The last day of the notice may not fall on a non-workday. The
personnel action may not be effected, or the notice delivered, during the
period of 15 December through 3 January. As a minimum, include the following
information in the notice. If a more severe action that originally proposed
becomes necessary, issue a new notice.
1. Reason(s) for
the action.
2. Specific action
that will be taken (reassignment, demotion, separation, etc.) and effective
date.
3. Title, series,
grade, and salary of new job offer and current position.
4. If applicable,
compatibility information for a new position.
5. If applicable,
reasons for any exceptions to order of release.
6. Location of
retention registers, pertinent regulations and who to contact for additional
information.
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7. Appeal rights
(how to submit, to whom, and time limits.)
8. An explanation
of all benefits due; such as grade and pay retention, severance pay
entitlement, and retirement eligibility.
9. Eligibility for
additional placement assistance e.g., OPM’s IPP, DoD Priority Placement
Program; Reemployment Priority List; Defense Outplacement Referral System; and
Job Training Partnership Act Program.
10. Requirement for
the individual to acknowledge receipt of the notice by signature, if delivered
in person, or by return receipt, if mailed.
11. Competitive
area and competitive level designated.
12. Service
computation date, employee service date, and retention rating.
Section
11. RIF Appeals of Specific Notice
A competing
employee may appeal to The Adjutant General when they have received a specific
notice of RIF and believes DMNA incorrectly applied the provision of TPR 351.
a. An appeal may be
submitted upon receipt of a specific notice, but no later than 30 calendar days
before the effective date of the action.
b. The appeal must
be in writing and must identify the employee as follows:
Name
SSN
Position title, grade and job number
Place of employment
- The appeal must clearly state the reason the employee believes the
action affecting them is inappropriate, and must show that DMNA failed to
comply with the RIF procedures outlined in TPR 351.
a. Once NGB and/or the State Adjutant
General makes the State aware of a RIF no effected personnel actions will take
place until negotiations between the HRO and the New York State Chairman of ACT
or their designee have been completed.
b. Pending the various negotiated date/time
frames agreed by management and the union a concerted effort will be made to
use the following guidelines:
1. To preclude a RIF no vacant bargaining
unit position within those specific career fields that are affected (Army or
Air National Guard) will be filled within the New York National Guard. This is
with the exception of those positions essential to agency operations determined
by the State Adjutant General through the HRO. If said positions are to be
filled, employees affected by a RIF will be given first consideration in the
filling of those positions. In the event any affected employees identified by a
mock RIF that have not been placed by the negotiated "cut-off date",
those employees will be management directed to available vacant positions.
2. Personnel who decline a management
directed reassignment outside a reasonable, agreed to, commuting area will be
separated from their current position, but not until the date the formal
proposed RIF would have taken place.
Page 55
3. The employer will take positive action to
assist employees affected by a RIF. Positions available for offer will
initially be within the competitive area or expanded area as necessary
including statewide. Employees who qualify may be registered for placement in
other agencies through the DoD Priority Placement Programs. Registration will
be in accordance with DoD Manual 1400.20-1-M.
4. Those employees that cannot be placed or
management directed in a vacant position will be terminated through the RIF
process.
Page 56
ARTICLE
24
DETAIL
OF EMPLOYEES
Section 1. Temporary
Assignments
The employer may detail employees for any
legitimate management purpose, for example, to handle unexpected workloads or
fill in during another employee’s absence, or while awaiting a pending security
clearance, or emergencies. Such details will be for the shortest practical
period. Furthermore details will only be used to ensure mission accomplishment.
When possible, candidates possessing the necessary skills for the position will
be rotated through the position. Details will not be used to train possible
candidates prior to the filling of a permanent position.
Section 2. Detail
Documentation
a. All details, regardless of duration, must
be reported on a SF52 and maintained as a temporary record in the Official
Personnel Folder. Any detail in excess of thirty (30) days must be maintained
as a permanent record in the Official Personnel Folder.
b. In case of emergency, details where there
is insufficient time to furnish a SF52, it will be accomplished by verbal
authorization and followed by a SF52. The immediate supervisor will be
responsible for forwarding this SF52 to HRO within five (5) working days.
Section 3. Detail to
Higher Graded Positions
Employees detailed to a higher grade
position in excess of thirty (30) days shall be temporarily promoted to a
higher grade. If the period is to exceed 120 days, the position will be filled
temporarily using merit promotion procedures.
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ARTICLE
25
Training
a. It is agreed that DMNA is responsible for
installing and maintaining a training program, including orientation of new
employees, specific training in the application of skills and techniques, and
the development of employees for maximum utilization.
b. Although it is expected that personnel
are basically qualified to perform their duties as a prerequisite to
employment, DMNA and ACT recognize the possible need for additional training or
retraining.
Section 2. Training
Procedures
Procedures relating to attendance at
military service schools in a technician status will be governed by provisions
of National Guard Regulation TPR 400. Employees may attend military service
schools in a technician status with the approval of The Adjutant General or
within the provisions outlined in TPR 400. Employees will attend training in
technician status when training more closely related to the employee duties than
their military duties. If the training is AFSC (Air Guard) or MOS (Army Guard)
awarding or is required by regulation in the employee’s "military duty
assignment", attendance will be in a military status supported with
"school" funding, or using the unit’s annual or special training
workday program.
Section 3. Scheduling of
Training
It shall be a matter of concern and interest
to both DMNA and ACT that appropriate training courses, seminars, conferences
and meetings be scheduled during working hours to allow employees the
opportunity to gain information, education and training in their respective
positions. When schools hours are outside the employee’s regular scheduled
workweek, the employee will be compensated in accordance with CFR 551.423
DMNA agrees that attendance at a training
session, briefing, seminar or a school assignment away from the employee’s
normal worksite, where other students will attend in civilian attire, then any
attending civilian employee may also wear appropriate civilian attire, provided
such training sessions, briefings, seminars or school assignments are not at a
military installation.
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ARTICLE
26
TRAVEL
Section 1. Travel and
Transportation
Travel and transportation at government
expense will be directed only when officially justified and by those means
which meet mission requirements consistent with good management practices.
Section 2. Travel
Expense and Orders
a. Employees will not be directed to perform
official travel at their own expense or at rates of allowances and amounts of
reimbursement inconsistent with the provisions of Volume 2, Joint Travel
Regulation and applicable regulations.
b. Employee travel orders will be issued
prior to employees being given work assignments at locations where the
combination of actual hours of work and travel time exceeds ten (10) hours.
Section 3. Limit of
Travel Funds
Limitations of available travel funds will
not be a basis for denying reimbursement for official travel, reducing
allowances or not authorizing entitlement provided for in regulations.
Section 4. Travel
Official Business
It is agreed that employees traveling on
official business will exercise the same care in incurring expenses and
accomplishing a mission that a prudent person would exercise if traveling on
personal business. Excess costs, circuitous routes and luxury accommodations
unnecessary or unjustified in the performance of a mission are not considered
as exercising prudence.
Section 5. Travel
Compensation
Travel will normally be scheduled within an
employee's regularly scheduled work week. When travel is required outside the
regularly scheduled work week, the employee will be compensated in accordance
with appropriate regulations.
Section 6. Travel
Notification
Employees required to travel will be advised
at least three (3) days in advance, except in cases of emergency.
An employee who indicates a fear of flying
shall be required to submit to an examination to determine the validity of
their feelings.
Section 8. Travel/Per
Diem and Financial Hardship
a. Travel and per diem, including advance
per diem, will be authorized in accordance with applicable current regulations
and policies.
b. If advance money for travel and per diem
is not available to the employee prior to being required to perform the travel,
an employee, upon written request to immediate supervisor, may be released from
the travel assignment, if a financial hardship will be caused by the lack of
advance per diem.
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Section 9. Joint Travel
Regulations
Prior to issuance of travel orders, DMNA
will counsel, advise, and afford all employees, upon their request, their
rights under the applicable Joint travel Regulations, regardless of their
employee position.
Section 10. Exceptions
from a Travel Assignment
An employee selected for assignment
involving travel may request to be excused and such requests will be given bona
fide consideration, providing such a request is submitted within a reasonable
amount of time prior to the scheduled travel. In cases of denial, the reasons
for denial will be explained to the employee.
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ARTICLE
27
GRIEVANCE
PROCEDURES
DMNA and ACT recognize the importance of
settling disagreements and disputes promptly. The purpose of this article
therefore, is to implement the provisions that pertain to grievances and to
establish specific procedures for the resolution of grievances. This procedure
is exclusive procedure available to the union and the employees in the unit,
for the processing of grievances, and is designed to provide a prompt and
orderly consideration and resolution of matters in dispute.
Section 2. Grievance
Exclusions
a. The grievance procedure will not apply
with respect to any grievance concerning Section 7121(c) Public Law 95-454 as
stated below:
1. Any claimed violation of subchapter III
of chapter 73 of this title (relating to prohibited political activities).
2. Retirement, life insurance, or health
insurance.
3. A suspension, or removal under section
7532 of this title.
4. Any examination, certification, or
appointment, or
5. The classification of any position which
does not result in the reduction in grade or pay or an employee.
b. In addition to the exceptions listed
above, grievances will not be entertained on matters pertaining to:
1. Non-selection for appointment or
promotion from among properly ranked and certified candidates for promotion.
2. Any matter which pertains to a
non-bargaining unit employee.
3. The contents of properly negotiated
agency pamphlets, rules and regulations.
4. Non-adoption of a suggestion.
5. Disapproval of a quality salary increase,
performance award for which nominated.
6. Actions pursuant to 32 U.S.C. 709e.
7. Performance ratings in accordance with
section 11 of the performance appraisal article.
8. Honorary or discretionary awards.
DMNA agrees that all employees have a right
to present their grievances to the appropriate management officials for prompt
consideration and equitable decision. In exercising this right, the employee
and their representative will be free from restraint, coercion, discrimination
or reprisal.
Page 61
Section 4. Grievance
Definition
The parties to this agreement define a
grievance as meaning any complaint:
a. by any employee concerning any matter
relating to the employment of the employee or;
b. by the Union concerning any matter
relating to the employment of any employee or;
c. by any employee or the Union concerning:
1. the effect or interpretation, or a claim
or breach, of this collective bargaining agreement or;
2. any claimed violation, misinterpretation
or misapplication of any law, rule or regulation affecting conditions of
employment; or
3. matters involving prohibited personnel
practices, may be pursued under this grievance procedure or the statutory
procedure, but not both, and that choice will be considered as made at the time
the party timely initiated an action under this grievance procedure or
applicable statutory procedure.
Section 5. Decision on
Improper Selection
If proper authority determines that an
improper selection for a position has been made, DMNA agrees to abide by that
authority’s decision, unless the agency appeals the decision utilizing
appropriate appeal procedures, in which case the agency will abide by the final
decision resulting from those procedures.
Section 6. Grievances by
Union
DMNA recognizes the right of ACT to initiate
a grievance on its own behalf. The grievance must be processed in accordance
with the provisions of section 8 of this article.
Section 7. Grievance
Representation
Employees may not be represented by any
other labor organization, however, an employee is permitted to be their own
representative, or be represented by ACT in the process of a grievance. DMNA
agrees that an employee cannot be offered a settlement to a grievance without a
union representative being afforded the opportunity to be present during all
phases of the grievance procedure and having been given reasonable time to
appear. Any settlement or adjustment offered or agreed to, may not be
inconsistent with the term of this agreement.
Section 8. Grievance
Processing
The following grievance procedure will be
adhered to for a union/individual employee grievance.
Step 1. A grievance must be submitted orally to the immediate supervisor
concerned within fifteen (15) workdays of the act or occurrence or first
knowledge to which it relates. The supervisor concerned must respond orally
within five (5) workdays thereafter.
Step 2. If the grievance is not resolved, the employee or their representative
may submit the grievance, in writing, within five (5) workdays to the next
level of supervision, with an information copy provided to the immediate
supervisor. The written grievance must identify the date the oral grievance was
submitted, the specific nature of the grievance, the remedy desired and the
designated representative if other that the grievant (which is subject to
change by the grievant). The next level supervisor will meet with the employee
and the representative within five (5) workdays of
Page 62
receipt of the grievance. A written reply
will be provided within five (5) workdays of the meeting. If no meeting is
held, section 11 applies.
Step 3. If the grievance is not resolved, it may be forwarded by the grievant
or duly authorized representative to the next level of supervision for further
consideration. This level is construed to mean Air Commander, major Command
Administrative Assistant, State Maintenance Officer, State Aviation Officer, or
United States Property and Fiscal Officer as appropriate to the installation
within five (5) workdays following the receipt of the previous response. A
reply will be made within five (5) workdays following receipt.
Step 4. If the grievance is not resolved at step 3, the employee or their
representative may forward the grievance to the Human Resources Officer (HRO)
within fifteen (15) workdays of receipt of the decision from step 3, for The
Adjutant General’s decision. After duly considering the recommendations of the
HRO and review of their grievance file, The Adjutant General will render a
written decision to the employee within twenty (20) workdays. This decision
will be DMNA’s final decision and shall contain findings on all issues covered
by the grievance. A copy of The Adjutant General’s decision will be mailed to
the grievant, the grievant’s representative and the Association’s State Council
Chairman.
Step 5. If the grievant and/or ACT is not satisfied with the decision in Step
4, the issue may be pursued through arbitration by requesting arbitration
through the HRO within 30 days, absent a bona fide exclusion for such access.
Section 9. Grievance -
Union's Right to Written Reply
ACT will receive a copy of each written
reply made at the appropriate supervisory levels.
Section 10. Grievances
Concerning Negotiated Agreement
Grievances concerning the interpretation,
application or alleged violation of this agreement shall be processed as above.
In the event that the decision is not agreeable to the employee, and/or ACT, or
DMNA determined that this grievance is inappropriate to pursue through the
grievance procedure as a matter outside its purview, the provisions of
arbitration may be invoked to ascertain the validity of the grievance.
Section 11. Grievance
Time Limits
a. Failure of management officials or
supervisors to observe the time limits described herein will automatically
permit the grievant to advance to the next step of the grievance procedure.
b. Failure of the grievant to observe the
time limits will terminate the grievance.
c. All time limits provided for herein may
be extended by mutual agreement.
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ARTICLE
28
MEDIATION
The Employer and the Association agree to
follow the provisions of the law when an agreement cannot be reached over issues
that are deemed appropriate for collective bargaining in accordance with PL
95-454.
Section 2. Mediation
Procedures
The parties agree that when an impasse is
reached during negotiations, prior to going to the FSIP, mediation will be
considered. The requesting party will assume responsibility to contact the FMCS
and coordinate the participation of the mediator in negotiations should
mediation be determined by both parties to be appropriate. Neither party will
attempt to unilaterally frame the issue for the mediator. If agreement cannot
be reached after invoking mediation, either party may proceed in accordance
with PL 95-454.
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ARTICLE
29
ARBITRATION
Section 1. Arbitration
Purpose
If DMNA and ACT have not resolved the
complaint utilizing the negotiated grievance procedure then the issue may be
pursued through arbitration absent a bona fide exclusion for such access. It is
recognized that arbitration as provided herein is final and binding and may
only be invoked by DMNA or ACT upon written notice by either party to the other
party.
Section 2. Arbitration -
Selection of Arbitrator
a. Within 5 workdays of receipt of the
arbitration request representatives of the parties shall meet for the purpose
of endeavoring to agree on the selection of an arbitrator. If agreement cannot
be reached either party may request the Federal Mediation and Conciliation
Service to submit a list of five impartial persons who are qualified to act as
arbitrators.
b. The parties shall meet within five
workdays after receipt of such list. If they cannot mutually agree upon one of
the listed arbitrators, DMNA and ACT will each strike one name from the list of
five arbitrators and shall repeat this procedure until one name remains. The
person whose name remains on the list shall be the duly selected arbitrator.
Section 3. Arbitration
Fees and Expenses
The fees and expenses of the arbitrator,
reporter, and costs of transcripts (if any) shall be borne equally by both
parties, without regard to which party requests arbitration.
Section 4. Arbitration
Procedures
When the arbitrator has been selected, ACT
representatives and representative of DMNA will meet on an equal basis to frame
the question or questions to be submitted to the arbitrator.
Section 5. Arbitration
Exclusions
If the issue is declared to be non-grievable
or non-arbitrable by either party, the validity of grievability/arbitrability
of the issue will be the first question determined by the arbitrator.
Section 6. Arbitration
Exception to Awards
Either party to arbitration may file with
the authority an exception to any arbitrator’s award pursuant to the
arbitration (other than an award relating to a matter described in Section 7121
(f) of this title). If upon review the authority finds the award is deficient –
a. because it is contrary to any law, rule,
or regulation;
b. on other grounds similar to those applied
by Federal courts in private sector labor-management relations the authority
may take such action and make such recommendations concerning the award as it
considers necessary, consistent with applicable laws, rules, or regulations;
c. if no exception to an arbitrator’s award
is filed during the 30-day period beginning on the date the arbitrator served
the award, the award shall be final and binding.
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Section 7. Arbitration
Hearing Location
The arbitration hearing shall be held at a
location mutually agreed upon by the employer and the union. The arbitration
hearing will be held during the regular day shift work hours of the basic work
week.
Section 8. Arbitrator’s
Time Limits
The arbitrator will be requested by the
parties to render a decision as quickly as possible, but in any event not later
than 30 calendar days after the conclusion of the hearing unless the parties
otherwise agree.
Page 66
ARTICLE
30
a. For the purpose of this chapter, it shall
be an unfair labor practice for an agency—
1. To interfere with, restrain, or coerce
any employee in the exercise by the employee of any right under this chapter;
2. To encourage or discourage membership in
any labor organization by discrimination in connection with hiring, tenure,
promotion, or other conditions of employment;
3. To sponsor, control, or otherwise assist
any labor organization, other than to furnish, upon request, customary and
routine services and facilities if the services and facilities are also
furnished on an impartial basis to other labor organizations having equivalent
status;
4. To discipline or otherwise discriminate
against an employee because the employee has filed a complaint, affidavit, or
petition, or has given any information or testimony under this chapter;
5. To refuse to consult or negotiate in good
faith with a labor organization as required by this chapter;
6. To fail or refuse to cooperate in impasse
procedures and impasse decisions as required by this chapter;
7. To enforce any rule or regulation (other
than a rule or regulation implementing Sec. 2302 of this title) which is in
conflict with any applicable collective bargaining agreement if the agreement
was in effect before the date the rule or regulation was prescribed; or
- To otherwise fail or refuse to comply with any provision of this
chapter.
b. For the purpose of this chapter, it shall
be an unfair labor practice for a labor organization—
1. To interfere with, restrain, or coerce
any employee in the exercise by the employee of any right under this chapter;
2. To cause or attempt to cause an agency to
discriminate against any employee in the exercise by the employee of any right
under this chapter;
3. To 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;
4. To discriminate against an employee with
regard to the terms or conditions of membership in the labor organization on
the basis of race, color, creed, national origin, sex, age, preferential or
nonpreferential civil service status, political affiliation, marital status, or
handicapping condition;
5. To refuse to consult or negotiate in good
faith with an agency as required by this chapter;
6. To fail or refuse to cooperate in impasse
procedures and impasse decisions as required by this chapter;
7. (A) to call, or participate in, a strike,
work stoppage, or slowdown, or picketing of an agency in a labor-management
dispute if such picketing interferes with an agency’s operations, or
Page 67
(B) to condone any activity described in
subparagraph (A) of this paragraph by failing to take action to prevent or stop
such activity; or
8. To otherwise fail or refuse to comply
with any provision of this chapter.
Nothing in paragraph (7) of this subsection
shall result in any informational picketing which does not interfere with an
agency’s operations being considered as an unfair labor practice.
(c). For the purpose of this chapter it
shall be an unfair labor practice for an exclusive representative to deny
membership to any employee in the appropriate unit represented by such
exclusive representative except for failure—
1. To meet reasonable occupational standards
uniformly required for admission, or
2. To tender dues uniformly required as a
condition of acquiring and retaining membership.
This subsection does not preclude any labor
organization from enforcing discipline in accordance with procedures under its
constitution or bylaws to the extent consistent with the provisions of this
chapter.
(d). Issues which can properly be raised
under an appeals procedure may not be raised as unfair labor practices
prohibited under this section. Except for matters wherein, under Sec. 7121(e)
and (f) of this title, an employee has an option of using the negotiated
grievance procedure or an appeals procedure, issues which can be raised under a
grievance procedure may, in the discretion of the aggrieved party, be raised
under the grievance procedure or as an unfair labor practice under this
section, but not under both procedures.
(e). The expression of any personal view,
argument, opinion or the making of any statement which—
1. Publicizes the fact of a representational
election and encourages employees to exercise their right to vote in such
election,
2. Corrects the record with respect to any
false or misleading statement made by any person, or
3. Informs employees of the Government’s
policy relating to labor- management relations and representation, shall not,
if the expression contains no threat of reprisal or force or promise of benefit
or was not made under coercive conditions,
(A) constitute an unfair labor practice
under any provision of this chapter, or
(B) constitute grounds for the setting aside
of any election conducted under any provisions of this chapter.
Page 68
ARTICLE
31
GENERAL
In facilities where no state employees are
employed to perform custodial duties, assigned personnel may be required to
perform these duties on a fair and equitable basis. Management will make every
effort to obtain authorization for employees for these particular tasks.
Section 2. Flight
Physical Failure
When an employee fails a flight physical and
is otherwise physically qualified for military service, management will
initiate appropriate action in accordance with TPR 715 dated 23 February 1987.
Both parties understand that
"Contracting Out" is a management right. However, management agrees
that, to the extent possible, no employee will lose employment due to
contracting out. Further, management will make every reasonable effort to
reassign each of these employees.
Page 69
ARTICLE
32
DURATIONS
AND CHANGES
Section 1. Agreement
Duration/Negotiating New Agreement
This Agreement shall remain in full force
and effect for three (3) years from the date approved by the Department of
Defense (DOD). The parties shall meet to commence negotiations on a new
agreement per the following schedule:
Prior to Agreement Termination Event
Not later than 150 days prior Negotiate
Ground Rules (MOU)
Not later than 100 days prior Management
and Union submits
proposals
Not later than 60 days prior Begin
negotiations
Further, this Agreement shall terminate at
any time it is determined that ACT is no longer entitled to exclusive
recognition under the provisions of PL 95-454.
Section 2. Agreement
Amendments/Supplements
This agreement may be opened at any time by
consent of both parties. Also, modifications or amendments of this agreement
may be required because of changes in applicable laws. Any request for
modifications or amendments shall be in writing and must be accompanied by a
summary of the modifications or amendments proposed and the reasons therefore.
When the modification or amendment is required and both parties consent to
opening the agreement, representatives of DMNA and ACT will meet to negotiate
the matter and no changes other than those required or those covered by the
summary shall be considered. Such modifications or amendments shall be subject
to the approval of the Department of Defense (DOD) and will be effective on a
date determined to be appropriate under the circumstances.
Section 3. Negotiability
Determination
When a decision has been made by a higher
authority that a proposal or proposals previously determined to be
non-negotiable have become negotiable, the parties shall meet, without
unreasonable delay, and negotiate such proposal or proposals that had
previously been withdrawn. If other items in the contract can be specifically
related to the proposals to be negotiated, they may become subject of these
negotiations. To protect the integrity of the contract, this relationship of
other contract items shall be strictly interpreted.
Local agreements may be made between local
management supervisor and local chapter union officials as long as they do not
conflict with the provisions of this agreement. Such local agreements will
pertain only to the personnel at that particular installation. Any supplemental
agreements negotiated under this section will be handled in accordance with DOD
Directive 1426.1 (Engl. 2) B.2.b(8).
Section 5. Signature
Page
The signature page will remain the same
as in the existing agreement with the addition of a list of management and
union representatives who participated in the negotiations of this new
agreement.
Page 70
Language in this agreement refers to
specific duties or responsibilities of specific employees or management
officials as listed below, and 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 required:
Affected Locations:
Article 7, Section 12
– Requires the LRS to provide a printout.
Article 9, Section 8b
– Requires the LRS to propose hearing dates for adverse actions.
Article 15, Section 1
– Specifies the Deputy Adjutant General as the person to determine
approval/disapproval of early releases.
Article 15, Section f
- Specifies certain individuals with thhe authority to make early release
determinations.
Article 16, Section 4
– Specifies the HRO as the determining party for authorizing administrative
leave for facility heating/cooling systems.
Article 21, Sections
5a and b addresses specific responsibilities to specific individuals.
Article 24, Section
2b identifies the immediate supervisor for forwarding a SF 52 to the HRO.
Page 71
Page
72
INDEX
Title Page # Section #
|
Access to Regulations |
17 |
10 |
|
Access to Safety Publications |
39 |
9 |
|
Administrative Dismissal |
40 |
14 |
|
Administrative Leave for Physicals |
33 |
14 |
|
Administrative Pay During Adverse Action |
23 |
8 |
|
Adverse Action |
23 |
7 |
|
Affirmative Action Plan |
11 |
7 |
|
Agreement Duration/Negotiating New Agreement |
70 |
1 |
|
Agreements/Supplements |
70 |
2 |
|
Appraisal Definitions |
45 |
4 |
|
Appraisal Program Evaluations |
45 |
2 |
|
Appraisal Regulation TPR 430 |
45 |
1 |
|
Appraisal Responsibilities |
46 |
5 |
|
Arbitration |
65 |
|
|
Arbitration Exceptions to Award |
65 |
6 |
|
Arbitration Exclusions |
65 |
5 |
|
Arbitration Fees and Expenses |
65 |
3 |
|
Arbitration Hearing Location |
66 |
7 |
|
Arbitration Procedures |
65 |
4 |
|
Arbitration Purpose |
65 |
1 |
|
Arbitration-Selection of Arbitrator |
65 |
2 |
|
Arbitrator Time Limits |
66 |
8 |
|
Assistant Driver |
39 |
7 |
|
Bargaining Unit |
9 |
1 |
|
Bargaining Unit Exclusive Recognition |
9 |
|
|
Bargaining Unit Roster |
17 |
7 |
|
Blood Donations |
34 |
18 |
|
Bulletin Boards |
28 |
1 |
|
Cardiopulmonary Resuscitation (CPR) |
40 |
12 |
|
Changes of Authorized A.C.T. Officials-(1187) |
27 |
10 |
|
Changing Amount of Dues |
26 |
7 |
|
Civilian Personnel Merit Promotion Plan |
42 |
1 |
|
Civilian Titles |
14 |
2 |
|
Classification Appeals |
43 |
3 |
|
Cleanup Period |
29 |
3 |
|
Comments in Employee Files |
24 |
11 |
|
Compensatory Time |
29 |
4 |
|
Compensatory Time Off Religious Observances |
34 |
17 |
|
Consultation |
16 |
1 |
|
Consultation Definition |
16 |
2 |
|
Consultation Excluded Matters |
16 |
4 |
|
Contents of Bulletin Board Postings |
28 |
4 |
|
Contract Distribution |
28 |
6 |
|
Contracting Out |
69 |
3 |
|
Custodial Duties |
69 |
1 |
|
Decisions Improper Selection |
62 |
5 |
|
Deduction Amount |
26 |
6 |
|
Definitions |
2 |
|
|
Detail Documentation |
57 |
2 |
|
Detail of Technicians |
57 |
|
|
Detail to a Higher Graded Position |
57 |
3 |
|
Disciplinary Actions |
23 |
9 |
|
DMNA Actions During a RIF |
52 |
4 |
|
DMNA Consultation |
16 |
3 |
|
DMNA Publications |
18 |
11 |
|
Dues Time Periods |
26 |
5 |
|
Dues Withholding |
26 |
1 |
|
Dues Withholding |
26 |
|
|
Duration and Changes |
70 |
|
|
Early Release Policy Climate/Emergencies |
36 |
|
|
Eating Areas |
39 |
4 |
|
EDP/HDP Procedures |
41 |
2 |
|
EDP/HDP Purpose |
41 |
1 |
|
EEO Discriminatory Practices |
11 |
3 |
|
EEO General |
11 |
1 |
|
EEO Program |
11 |
2 |
|
EEO Program Improvements |
11 |
4 |
|
EEO Representation |
11 |
5 |
|
Emergencies |
38 |
2 |
|
Emergency Leave |
31 |
5 |
|
Employee Duties |
24 |
12 |
|
Employee Duties |
43 |
1 |
|
Employee Health Benefits Open Season |
25 |
21 |
|
Employee Morale |
16 |
5 |
|
Employee Performance Appraisal |
45 |
|
|
Employee Rights |
22 |
|
|
Employer Rights |
13 |
|
|
Employer Rights Preamble |
13 |
1 |
|
Environment |
37 |
|
|
Equal Employment Opportunity |
11 |
|
|
Exception From Travel Assignment |
60 |
10 |
|
Exposure Time |
37 |
3 |
|
Facility Environment |
37 |
4 |
|
Failure of a Critical Element |
48 |
7 |
|
Failure of a Critical Element While on Detail |
48 |
8 |
|
Family and Medical Leave Act |
33 |
12 |
|
Fear of Flying |
59 |
7 |
|
Federal Employees Family Friendly Leave Act |
32 |
11 |
|
Federal Wage Grade Surveys |
17 |
6 |
|
Fire Protection |
39 |
5 |
|
Flexi-Tours |
30 |
7 |
|
Flight Physical Failure |
69 |
2 |
|
Formal Discussions |
19 |
4 |
|
General |
69 |
|
|
Grievance - Union Right to Written Replies |
63 |
9 |
|
Grievance Definitions |
62 |
4 |
|
Grievance Exclusions |
61 |
2 |
|
Grievance Procedures |
61 |
|
|
Grievance Processing |
62 |
8 |
|
Grievance Purpose |
61 |
1 |
|
Grievance Representation |
62 |
7 |
|
Grievance Rights |
61 |
3 |
|
Grievance Time Limits |
63 |
11 |
|
Grievances by Union |
62 |
6 |
|
Grievances Concerning Negotiated Agreement |
63 |
10 |
|
Hazardous/Environmental Duty Pay |
41 |
|
|
HDP/EDP Procedures |
41 |
2 |
|
HDP/EDP Purpose |
41 |
1 |
|
HDP/EDP Responsibilities |
41 |
3 |
|
Health and Safety |
38 |
|
|
Health and Safety Survey |
39 |
8 |
|
Holiday Pay |
35 |
2 |
|
Holiday Work |
35 |
3 |
|
Holidays |
35 |
|
|
Holidays |
35 |
1 |
|
Hours of Work |
29 |
|
|
Hours of Work Definitions |
29 |
1 |
|
HRO Newsletter |
17 |
9 |
|
Identification of Performance Standards |
48 |
6 |
|
Incentive Awards |
50 |
|
|
Incentive Awards Committee |
50 |
5 |
|
Incentive Awards General |
50 |
1 |
|
Incentive Awards Program Administration |
50 |
4 |
|
Incentive Awards Program Objectives |
50 |
2 |
|
Incentive Awards Program Scope |
50 |
3 |
|
Inclement Weather |
36 |
|
|
Joint Travel Regulations |
60 |
9 |
|
Leave |
31 |
|
|
Leave Article Definitions |
31 |
1 |
|
Leave Forfeiture |
32 |
6 |
|
Legitimate Union Business |
15 |
6 |
|
Limit of Travel Funds |
59 |
3 |
|
Local Agreements |
70 |
4 |
|
Local Safety Committee |
40 |
10 |
|
Lockers |
25 |
18 |
|
Lunch Period |
29 |
2 |
|
LWOP for National Union Officers |
15 |
7 |
|
Maintaining Bulletin Boards |
28 |
3 |
|
Management's Rights |
13 |
2 |
|
Manning Document |
17 |
8 |
|
Mediation |
64 |
|
|
Mediation Policy |
64 |
1 |
|
Mediation Procedures |
64 |
2 |
|
Members Separating From the Bargaining Unit |
27 |
9 |
|
Membership Termination |
26 |
4 |
|
Merit Promotion |
42 |
|
|
Merit Promotion Exclusions |
42 |
2 |
|
Merit Promotion Pamphlet Changes |
42 |
3 |
|
Monthly Safety Inspection |
39 |
6 |
|
Natural Disasters |
34 |
19 |
|
Negotiability Determination |
70 |
3 |
|
New Hire Pamphlets |
18 |
13 |
|
New Hire Printout |
18 |
12 |
|
New Hire Training |
18 |
14 |
|
Notification of Improved Performance |
49 |
10 |
|
Notification of Weingarten Rights |
22 |
3 |
|
Occupational Heath |
40 |
13 |
|
Official Personnel Folder Review |
25 |
20 |
|
Official Time |
21 |
7 |
|
Official Time for Officials and Representatives |
20 |
5 |
|
Official Time State Chairman |
21 |
8 |
|
Other Duties as Assigned |
44 |
5 |
|
Overtime Work/Premium Pay |
29 |
5 |
|
Performance Standards |
45 |
3a |
|
Personal, Drug and Alcohol Problems |
49 |
14 |
|
Physical Fitness Program |
34 |
20 |
|
Position Description |
24 |
13 |
|
Position Description |
43 |
|
|
Position Description Changes |
44 |
4 |
|
Position Descriptions |
43 |
2 |
|
Posting on Bulletin Boards |
28 |
2 |
|
Pre-Amble |
1 |
|
|
Precluding a RIF |
55 |
12 |
|
Publicity |
28 |
|
|
Purpose |
10 |
|
|
Rational for Critical Element Failure |
49 |
13 |
|
Recall Compensation |
30 |
6 |
|
Receiving Complaints and Grievances |
19 |
3 |
|
Recognition of Stewards and Representatives |
19 |
1 |
|
Reduction in Force (RIF) |
51 |
|
|
Remittance |
27 |
8 |
|
Reporting Injuries/Illnesses |
39 |
3 |
|
Reprisal Actions |
24 |
10 |
|
Requests for Annual Leave |
31 |
4 |
|
Retirement Counseling |
25 |
17 |
|
RIF Accomplishment |
51 |
3 |
|
RIF Appeals of Specific Notice |
55 |
11 |
|
RIF Application |
51 |
1 |
|
RIF Competitive Level |
53 |
7 |
|
RIF Exceptions |
51 |
2 |
|
RIF Notices |
54 |
10 |
|
RIF Order of Release |
54 |
9 |
|
RIF Placement Actions |
53 |
6 |
|
RIF Retention Register |
52 |
5 |
|
RIF Tenure Groups |
54 |
8 |
|
Right to participate in Labor Organization |
22 |
1 |
|
Scheduling of Training |
58 |
3 |
|
Separation/Reduction in Grade Extensions |
49 |
12 |
|
Severe Weather Work Restrictions |
37 |
2 |
|
Sexual Harassment |
11 |
6 |
|
Sick Leave Abuse |
32 |
10 |
|
Sick Leave Call-In Time |
32 |
7 |
|
Sick Leave Statute |
32 |
9 |
|
Signature Page |
70 |
5 |
|
Smoking Policy |
14 |
4 |
|
Standard Form 1187 |
26 |
2 |
|
State Review and Appeals Board |
49 |
11 |
|
State Safety Committee |
40 |
11 |
|
Submitting Leave Requests |
31 |
3 |
|
Supervisor Work Folder |
23 |
6 |
|
Supervisors List |
9 |
2 |
|
Table of Contents |
3 |
|
|
TAP Personnel Actions |
12 |
3 |
|
TAP Policy |
12 |
1 |
|
TAP Program Responsibilities |
12 |
2 |
|
Technician Assistance Program (TAP) |
12 |
|
|
Telephone Availability |
30 |
6b |
|
Telephone Standby |
30 |
6a |
|
Temporary Assignments |
57 |
1 |
|
Temporary Duty Assignments |
24 |
15 |
|
Thirty Day Notice |
49 |
9 |
|
Time Spent in Charitable Activities |
34 |
16 |
|
TPM 430 Availability |
49 |
15 |
|
Training |
58 |
|
|
Training Attire |
58 |
4 |
|
Training Procedures |
58 |
2 |
|
Training Programs |
58 |
1 |
|
Travel |
59 |
|
|
Travel and Transportation |
59 |
1 |
|
Travel Compensation |
24 |
16 |
|
Travel Compensation |
59 |
5 |
|
Travel Expense and Orders |
59 |
2 |
|
Travel Notification |
59 |
6 |
|
Travel Official Business |
59 |
4 |
|
Travel Per Diem and Financial Hardship |
59 |
8 |
|
Unfair Labor Practices |
67 |
|
|
Uniforms |
24 |
14 |
|
Union Conventions, Conferences & Training |
20 |
6 |
|
Union Dues Deduction |
26 |
3 |
|
Union Management Cooperation |
16 |
|
|
Union Office and Equipment |
14 |
5 |
|
Union Representation |
14 |
1 |
|
Union Representation |
19 |
|
|
Union Representational Rights & Duties |
14 |
3 |
|
Union Representative List |
19 |
2 |
|
Union Rights |
14 |
|
|
Upward Mobility Plan |
42 |
4 |
|
Use of Compensatory Time |
33 |
13 |
|
Use of Facilities |
18 |
15 |
|
Use of Leave |
31 |
2 |
|
Use of Personal Radios |
25 |
19 |
|
Violations |
28 |
5 |
|
Volunteer Fire Fighting/Ambulance Crew |
34 |
15 |
|
Wear of Uniform During Representation |
23 |
4 |
|
Weingarten Rights |
22 |
2 |
|
Workers Compensation |
32 |
8 |
|
Working Conditions General |
38 |
1 |
|
Working in Extreme Temperatures |
37 |
1 |
|
World Events |
23 |
5 |
|
Written Authorization |
27 |
11 |
|
Written Standards |
45 |
3b |