Ref_3_FS-NFFE_Master_Agreement.pdf

Master Agreement Between FS and NFFE

Effective Date: December 6, 2016 Termination Date: December 6, 2019

Labor Management Relations For Forest Service Employees

United States Department of Agriculture

Forest Service Forest Service Council National Federation of Federal Employees

Table of Contents

2 PREAMBLE

3 ARTICLE 1 RECOGNITION AND BARGAINING UNIT DESIGNATION

4 ARTICLE 2 IMPLEMENTATION OF THE AGREEMENT

5 ARTICLE 3 DEFINITIONS

7 ARTICLE 4 EMPLOYEE RIGHTS

13 ARTICLE 5 UNION RIGHTS AND REPRESENTATION

17 ARTICLE 6 MANAGEMENT RIGHTS

18 ARTICLE 7 UNION USE OF OFFICIAL FACILITIES AND SERVICES

20 ARTICLE 8 PARTNERSHIPS, COLLABORATIVE LABOR-MANAGEMENT RELATIONS, AND PRE-

DECISIONAL INVOLVEMENT

22 ARTICLE 9 GRIEVANCES

28 ARTICLE 10 ARBITRATION

32 ARTICLE 11 MIDTERM NEGOTIATIONS

35 ARTICLE 12 PRENOTIFICATION FOR UNFAIR LABOR PRACTICE CHARGE

36 ARTICLE 13 ORIENTATION OF EMPLOYEES

37 ARTICLE 14 POSITION DESCRIPTION AND CLASSIFICATION

40 ARTICLE 15 PERFORMANCE MANAGEMENT SYSTEM

41 ARTICLE 16 PROMOTIONS AND DETAILS

48 ARTICLE 17 AWARDS PROGRAM

50 ARTICLE 18 WORK SCHEDULES

57 ARTICLE 19 PAY AND PER DIEM

61 ARTICLE 20 LEAVE

65 ARTICLE 21 DEALING WITH UNACCEPTABLE PERFORMANCE

67 ARTICLE 22 DISCIPLINE AND ADVERSE ACTIONS

71 ARTICLE 23 PERMANENT SEASONAL EMPLOYMENT

72 ARTICLE 24 TEMPORARY/TERM EMPLOYEES

74 ARTICLE 25 EQUAL EMPLOYMENT OPPORTUNITY

75 ARTICLE 26 EMPLOYEE ASSISTANCE PROGRAM

77 ARTICLE 27 SAFETY AND HEALTH

84 ARTICLE 28 FIRE AND OTHER INCIDENTS

88 ARTICLE 29 GOVERNMENT-FURNISHED QUARTERS

89 ARTICLE 30 EMPLOYEE TRAINING

90 ARTICLE 31 LABOR-MANAGEMENT TRAINING

93 ARTICLE 32 WORKFORCE RESTRUCTURING AND PLACEMENT SYSTEM

102 ARTICLE 33 FURLOUGHS

105 ARTICLE 34 TRANSFER OF FUNCTION

106 ARTICLE 35 REDUCTION-IN-FORCE

109 ARTICLE 36 UNEMPLOYMENT COMPENSATION

110 ARTICLE 37 VOLUNTEERS AND GOVERNMENT-SPONSORED WORK PROGRAMS

111 ARTICLE 38 CONTRACTING WORK OUT

112 ARTICLE 39 VOLUNTARY ALLOTMENT OF UNION DUES

114 ARTICLE 40 PILOT PROJECTS/DEMONSTRATION PROJECTS

115 ARTICLE 41 CIVILIAN CONSERVATION CENTERS CORPS

116 ARTICLE 42 PERSONAL HARDSHIP

117 ARTICLE 43 DRUG AND ALCOHOL TESTING PROGRAMS

123 ARTICLE 44 ALTERNATIVE DISPUTE RESOLUTION

124 ARTICLE 45 DURATION AND EXTENT

125 APPENDIX A DESCRIPTION OF THE PROFESSIONAL CONSOLIDATED UNIT

140 APPENDIX B DUES WITHHOLDING MEMORANDUM OF UNDERSTANDING BETWEEN USDA AND NFFE

144 APPENDIX C ACRONYMS COMMONLY USED IN THE MASTER AGREEMENT

146 APPENDIX D COMPETITIVE AREAS TO BE USED FOR REDUCTION- IN-FORCE

147 APPENDIX E GRIEVANCE SETTLEMENT AGREEMENT

149 APPENDIX F ARTICLE 11 ISSUE NOTIFICATION CHECKLIST

152 APPENDIX G MERIT PROMOTION PLAN MEMORANDUM OF UNDERSTANDING

155 APPENDIX H AGREEMENT FOR PERMANENT SEASONAL EMPLOYMENT

156 ANNOTATION OF THE 2010 MASTER AGREEMENT BETWEEN THE FOREST SERVICE AND NFFE-FOREST

SERVICE COUNCIL

Preamble

Under the policy set forth by the 5 United States Code (USC) 71 and Executive Order 13522 regarding Federal Labor- Management Relations, the Articles of this National Master Agreement, together with any and all Supplemental and Subordinate Agreements and/or Amendments which may be agreed to at later dates by the representatives of the Parties at the appropriate level, constitute the total Agreement. The Parties are the United States Department of Agriculture, Forest Service (Management) and the Forest Service Council of the National Federation of Federal Employees, Federal District 1 of the International Association of Machinists and Aerospace Workers, hereafter known throughout the Master Agreement as NFFE-FSC.

This Agreement is entered into pursuant to the Certification of Consolidation of Units, dated July 23, 1979.

The Parties recognize the importance of building a constructive and cooperative bilateral relationship which will aid in achieving the mission of the Forest Service. They are jointly committed to serving the public interest by the development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government. They are committed to the use of consensus decision making and interest-based problem solving to achieve the effective conduct of public business.

The Parties recognize that both the well-being of employees and efficient administration of the Government are benefited by providing employees an opportunity to participate in the development and implementation of personnel policies and practices affecting the conditions of their employment. The maintenance of a constructive and cooperative Union-Management relationship at the appropriate levels will encourage this participation. Toward that end, the Parties recognize that many issues can be addressed through interest-based problem solving. To that end, the Parties agree to promote the establishment and maintenance of labor-management forums (also known as partnership councils) at the appropriate levels to facilitate issue identification and resolution by consensus.

The Parties agree that the public interest demands the highest standards of performance and accountability. Therefore, the Parties are committed to following both the letter and intent of the Articles contained in this Master Agreement.

THOMAS L. TIDWELL MELISSA BAUMANN

Chief, USDA Forest Service President, NFFE-FSC

ARTICLE 1

RECOGNITION AND BARGAINING UNIT DESIGNATION

1. Recognition: Management recognizes that the National Federation of Federal Employees (NFFE), Federal District 1, International Association of Machinists and Aerospace Workers (IAMAW), is the exclusive representative of all employees in the consolidated Bargaining Units.

2. Bargaining Units: This Master Agreement is applicable to a professional consolidated Bargaining Unit and a nonprofessional consolidated Bargaining Unit covering Forest Service employees as described in Appendix A. The Parties further agree that this Master Agreement will apply to additional groups of Forest Service employees for whom NFFE is certified as the exclusive representative. Appendix A is a guide to the Bargaining Units. It is not intended to change the status of units as they exist at the time of this Master Agreement. Upon certification of a new unit or an amendment to an existing unit, the Parties will meet to discuss implementation of this Master Agreement, as it pertains to the new unit.

3. Changes:

a. Management shall not change the Bargaining Unit status of a Bargaining Unit position without first notifying the Local Lodge in writing with the rationale for the change. The Union will notify Management in writing with the rationale within 30 days if they disagree with the change. If the Parties do not agree, the Union may exercise their right to file a petition or Unfair Labor Practice (ULP) in the event the Management action is disputed by the Union. Any disputed position(s) will remain in the Bargaining Unit until such time as the Federal Labor Relations Authority (FLRA) reaches a decision on the position. Nothing in this subsection will affect Management’s right to assign work.

b. The Union will notify Management when it believes the Bargaining Unit status of a position should be changed prior to filing a petition with the FLRA. If the Parties are unable to agree, the Union may file a petition.

ARTICLE 2

IMPLEMENTATION OF THE AGREEMENT

1. Implementation of the Agreement:

a. The National Parties have developed and provided an “Annotation of the Master Agreement” as a tool to assist the parties in understanding and interpreting the intent of contract language.

b. As soon as practical upon implementation of this agreement, or when a new bargaining unit is certified, jointly developed training by National Parties will be provided to bargaining unit employees, union officials, and management. Any Master Agreement training that includes both bargaining unit employees and management will be conducted jointly. When practical, training will be delivered face-to-face. When face-to-face training is not practical, training can also be provided using other formats that allow for interactive dialog including, but not limited to, video teleconferencing, electronic meetings, AgLearn, or other appropriate technology.

c. Management will print 1,000 copies of this Agreement for Union use. Annotations will be printed on a different color than the contract. Hard copies will be in ring binder format so they fit the binders from the previous Agreement.

Management will send all hardcopies to the NFFE-Forest Service Council Secretary-Treasurer.

d. Management shall provide a link to the electronic version of the Agreement and Annotations compliant with Section 508 of the Rehabilitation Act of 1973 as amended (29 USC 794(d)) through the FSWeb and the Forest Service Internet no later than the effective date of this agreement. Management will post changes to the Agreement or Annotations within 30 days of when the Parties agree to the changes. Management will establish and maintain hyperlinks to underlying laws, regulations, or policy.

e. The National Parties recognize there may be a need to provide alternative formats of the Master Agreement, assistance, training, or guidance on the interpretation and implementation of the Master Agreement. As appropriate, the National Parties will provide oversight and assistance to meet this need. Language assistance will be provided upon request in accordance with the criteria in Executive Order 13166 on Improving Access to Services for Persons with Limited English Proficiency.

2. In the administration of all matters covered by this Master Agreement, the parties are governed by existing law and governmentwide regulations.

3. The effective date and expiration date of the Master Agreement shall be printed on the cover.

ARTICLE 3

DEFINITIONS

For the purpose of this Master Agreement, the terms listed below are defined as follows:

1. Day: Unless stated otherwise, day means calendar day. If a due date falls on a Saturday, Sunday, or holiday, the next official workday will be considered the due date.

2. Designated Labor Relations Specialist: An individual that management has designated as the labor relations contact. The current list of Labor Relations Specialists designated for each unit is located on the HRM Labor Relations web site.

3. Domestic Partner: Domestic partner means an adult in a committed relationship with another adult, including both same-sex and opposite-sex relationships. Committed relationship means one in which the employee, and the domestic partner of the employee, are each other's sole domestic partner (and are not married to or domestic partners with anyone else), and share responsibility for a significant amount of each other's common welfare and financial obligations. This includes, but is not limited to, any relationship between two individuals of the same or opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or analogous relationship (including, but not limited to, a civil union).

4. Emergency Situation: Any situation that is temporary in nature and poses sudden, immediate, or unforeseen work requirements as a result of natural phenomena or other circumstances beyond Management’s reasonable control or ability to anticipate.

5. Employee: An individual employed by the Forest Service who is included in a represented unit or otherwise recognized by the Parties during interim situations. Such an employee is also called a Bargaining Unit Employee. 5 USC 7103(a)(2) defines an “employee” as only those individuals currently employed. This definition does not include individuals who are applicants for employment. Temporaries cease to be employees after termination regardless of rehire eligibility.

6. Forest Service Council (FSC or Council): The consolidated Bargaining Units (professional and nonprofessional) comprising all the National Federation of Federal Employees (NFFE) Locals in the Forest Service.

7. Forest Service Council Executive Board: The board consists of 14 officials and includes the NFFE-FSC President, NFFE- FSC Vice Presidents (9 Regional, 1 CCC, 1 R&D, and 1 WO) and NFFE-FSC Secretary Treasurer.

8. Interest-Based Problem Solving: A process of resolving problems by mutually identifying issues, interests, options, and standards by which those options are evaluated. The solution is reached by consensus or as agreed to by the Parties at the appropriate level.

9. In Writing: Email is an acceptable method for all transmittals with reference to the Master Agreement.

10. Local Level: References to “local level” or “Local Level” pertain to activities which occur at the level of an “Organized Unit.”

11. Local Lodge: A unit of NFFE that represents one or more organized units.

12. Local Management: All levels of Management on each individual national forest, Civilian Conservation Center, regional office, research station, Washington Office, technology and development center, or any other Forest Service unit for which NFFE is the exclusive representative.

13. Local Parties – The Union and Local Management at the level of an organized unit. (The level of an organized unit is the same as the local level.)

14. Management: Means all levels of Management to which the Forest Service assigns managerial or supervisory duties. This term is equivalent to employer or agency.

15. Midterm Negotiations: Bargaining changes affecting conditions of employment during the life of this Master Agreement that are not in conflict with the Master Agreement.

16. Notification: All notification specified in this Master Agreement must be in writing, unless otherwise stated.

17. Organized Unit: An organized unit is a Forest Service unit (for example, National Forest, Research Station, Job Corps Center) for which the Federal Labor Relations Authority has issued a certification for professionals, non-professionals, or both, recognizing NFFE as the exclusive representative. Organized units are part of the consolidated Bargaining Unit(s) certified by the Federal Labor Relations Authority, and this Master Agreement has been negotiated to cover the professional and nonprofessional units as one unit. A list of Organized Units is found in Appendix A, and include, for example, the Lolo National Forest (Local Lodge 60) and the Washington Office (Local Lodge 1919).

18. Partnership (Labor Management Forum): A joint, voluntary process whereby the Union and Management work together cooperatively to better achieve Forest Service goals and meet employee interests by identifying and mutually resolving problems and improving their day-to-day working relationships.

19. Parties: Normally, Parties with an upper case “P” indicates the national Management and Union collectively.

20. Predecisional Involvement: A term that represents those activities where employees, through their elected exclusive representative, are afforded by agency Management the opportunity for input to Management regarding decisions that affect working conditions.

21. Service Computation Date: For purposes of seniority in this Master Agreement, service computation date will be computed on the basis of each employee’s leave service computation date, unless specified otherwise.

22. 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. The exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment. For units that include firefighters or nurses, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such authority (5 USC 7103(a)(10)).

23. Subordinate Agreements: Any agreement negotiated by the intermediate or Local parties.

24. Supplemental Agreements: Any agreement negotiated by the National Parties, other than this Master Agreement.

25. Threshold Issues: Threshold issues are typically procedural and or legal issues that are of such significance to the proceeding that they must be addressed prior to the other issues in the proceeding.

26. Union: The National Federation of Federal Employees, the FSC, Local Unions, Local officers of the Union, Union stewards, and other authorized representatives designated by any of the above.

27. Union Official and/or Union Representative: A representative or designee of the FSC, any accredited business representative of the NFFE, or the duly elected or appointed Union representative of a Local NFFE Union.

28. Work Unit: A work unit is an entity with a specific mission, with homogenous procedures or technology, and headed by a supervisor or manager authorized to approve time and attendance reports and approve leave.

ARTICLE 4

EMPLOYEE RIGHTS

1. The Parties agree to mutually establish and maintain a safe, positive, and professional work environment that promotes good workmanship, values employees for who they are and what they contribute, ensures fair, equitable, and respectful treatment of employees, and maintains high standards of employee performance.

2. Statutory Rights per 5 USC 71:

Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal. Each employee shall be protected in the exercise of such rights. Except as otherwise provided, such rights include the right to—

(1) Act for the National Federation of Federal Employees (NFFE) in the capacity of a representative and the right in that capacity to present the views of the NFFE to heads of agencies and other officials of the Executive Branch of Government, the Congress, or other appropriate authorities.

(2) Engage in collective bargaining with respect to conditions of employment through representatives chosen by employees.

(3) An employee may be represented by an attorney or other representative other than the NFFE, of the employee’s own choosing, in any appeal action not covered under the negotiated grievance procedure. The employee may exercise grievance or appellate rights, which are established by law, rule, or regulation.

3. Employee Rights during Examinations

a. Employee Weingarten Right

(1) An employee has the right (commonly known as the Weingarten Right) to be represented by the Union during any examination of the employee by a representative of the agency in connection to an investigation, if he or she reasonably believes that the examination may result in disciplinary action against him or her, and he or she requests representation.

(2) During the month of June, Management will notify employees of their Weingarten Right. This notice shall be distributed to all employees simultaneously and will permanently post the notification on employee information bulletin boards and HRM Web site.

(3) Management will also provide the annual Weingarten notice to new employees within 30 days of their reporting date.

(4) Annually, Management will specifically advise, in writing, all special agents and employees empowered to conduct investigative interviews of the current list of Organized Units, the employees’ right to request Union representation, and Management’s subsequent obligations prior to continuing.

b. Employees have the right to reasonable confidentiality when they are involved in a management inquiry or investigation. Management will share associated information, including that an examination will occur or has occurred, only with those who have a specific need to know. However, the Union may be informed where and when a representative may be requested in a potential Weingarten situation, for the purpose of allowing a union representative to be readily available.

c. If, at any point during an examination, an employee requests representation under the Weingarten provision, the examination shall be either postponed for a reasonable amount of time (no more than 3 days unless both parties mutually agree to an extension in writing) to allow the employee to obtain a Union representative, or it may be canceled.

d. The employee has a right to meet with the Union Representative in advance of the interview, and during the examination, the Union Representative may assist the employee.

e. Examinations that continue beyond the employee's regular duty hours shall constitute hours of work, and the employee shall be compensated appropriately.

f. Absent extenuating circumstances, examinations will be conducted in a setting that is not intended to be intimidating and provides reasonable confidentiality.

g. Examinations shall only be audio or video recorded in accordance with USDA DR4070-735-001 (dated Oct. 4, 2007).

Before any examination in a non-criminal investigation, the employee will receive timely notification if the examination will be audio or video recorded. In the event the Agency records the examination, the employee or the representative may also record the examination.

(1) For a misconduct investigation conducted in accordance with USDA Departmental Personnel Manual (DPM) 751 Subchapter 3, if discipline is subsequently proposed, the employee will be provided a copy of the recording and a transcript, if one is produced, of the Agency’s recording consistent with Article 22.4.d(2).

(2) In all other instances, the employee may request a copy of their portion of a recording and transcript, if one is produced, and will receive a copy unless precluded from release by law, rule, or government-wide regulation.

h. If a statement has been taken, Management shall promptly provide the employee with a copy of their signed statement.

i. Employee Notice of an Examination

(1) This subsection regarding employee notice of examinations pertains to examinations conducted as part of an inquiry into misconduct when an Employee Relations Specialist is present or Misconduct Investigations in accordance with USDA DPM 751-3.

When an employee is contacted to schedule an examination that is part of a misconduct investigation the employee will be informed, in writing:

(a) That the examination is not part of a criminal investigation;

(b) The nature of the matter under investigation;

(c) That they are being directed to answer the questions and may be disciplined if they refuse to answer questions,

(d) Whether the employee is the subject of the investigation or a witness; and

(e) That the employee has a right to union representation, if they believe they may be disciplined as a result of the examination and they request a representative (Weingarten right).

(2) This subsection pertains to employee examinations as they pertain to management inquiries and EEO investigations. In these examinations, employees have a right to know, upon request:

(a) Whether the examination is currently a part of a criminal investigation

(b) The subject matter of the investigation

(c) That they are being directed to answer the questions and may be disciplined if they refuse to answer questions, and will be given a written statement to that effect upon request; and

(d) Whether the employee is the subject of the investigation or a witness.

(3) Safety Reviews conducted by the Forest Service are addressed in Article 27.24. The employee will be notified that examinations in connection with Safety Reviews are voluntary.

(4) Upon request the investigator will provide the employee with a copy of the letter authorizing the investigation and delegation of authority, if one exists.

4. Employee’s Rights in Reference to Background Investigations

a. Duty time will be granted to employees to complete background investigations. Travel and per diem will be granted, if needed, for travel to the activation station for fingerprinting and/or LincPass activation.

b. Use of Government equipment, facilities, and transportation will be authorized for the completion of the background investigation.

c. Costs associated with employee fingerprinting will be paid by the Agency. Employees will not be required to pay for fingerprinting; however, if the employee chooses to pay they will be reimbursed.

d. Management will make the appropriate forms available for the employee to complete.

e. Employees shall be provided a secure method for providing personal information.

5. Employees have a right to meet and consult with Union officials concerning working conditions. See Section 7 for release procedures.

6. An employee has the right to be represented by the Union at any meeting in which the employee has a complaint concerning working conditions.

7. Employees will be granted a reasonable amount of duty time in pursuit of rights under this Master Agreement. The employee and the Management official will discuss the amount of time required. An employee will request release as far in advance as practical and will inform their supervisor of the approximate length of time needed and the location where they will

be. Normally, workload will not preclude the release of the employee. If the employee cannot be released immediately due to work-related reasons, the employee will be released as soon as the work requirement is met or appropriate arrangements are made. If the employee cannot be released the day requested, the denial must be given in writing and include the reason for the denial and when they will be able to be released. If a delay in releasing an employee involves a situation with a contractual time limit, the time limit will be extended equal to the delay.

8. This Master Agreement does not prevent any employee, including Union representatives, from bringing matters of personal concern to the attention of Management. However, if the discussion becomes a formal discussion, then the procedures in Article

5.4 regarding Union notification will apply.

9. Management will not take reprisal actions against employees for the exercise of any appeal right granted by law, rule, regulation, or this Master Agreement.

10. Prior to changing any Performance Evaluations, Travel documents, and Time and Attendance Reports that have been signed by an employee, Management will notify the employee and provide the rationale for the change.

11. Every individual has the right to be treated with the dignity and respect that is normal in an employer-employee relationship.

12. Bullying

a. Workplace bullying is repeated abusive behavior that is threatening, humiliating, or intimidating. It may be direct or indirect, whether verbal, physical, or otherwise, by one or more persons against another or others, at the place of work and/or in the course of employment.

b. All agency employees are expected to refrain from workplace bullying and adhere to a standard of conduct that is respectful and courteous to others.

c. Where appropriate, the affected employee should speak to the alleged bully or bullies to object to the behavior. Each employee is responsible for reporting any incidents to their supervisor or any other management official.

d. Upon receipt of a report of workplace bullying, Management will initiate an inquiry, address any inappropriate conduct, assist the affected employee, and act to prevent any retaliation by the bully or bullies. Management will not retaliate against any employee for reporting workplace bullying.

13. Employees shall have the right to engage in outside activities and employment of their own choosing, and otherwise conduct their private lives as they see fit, in accordance with 5 CFR 2635, 5 CFR 735 and 5 CFR 8301.

a. Without prior approval, an employee may participate in the activities, not prohibited by law, of national or state political parties and may participate in the affairs of or accept an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization. An employee shall not:

(1) Accept a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which the acceptance may result in or create the appearance of conflicts of interest.

(2) Engage in outside employment that impairs his or her mental or physical capacity to perform his or her job.

(3) Receive any salary or anything of monetary value from a private source as compensation for his or her Government services.

b. Employees who are in positions subject to filing financial disclosure reports (OGE-450) must obtain supervisory approval prior to engaging in outside employment. All employees who engage in outside employment, whether or not prior approval is required, are subject to ethics regulations pertaining to conflict of interest. Employees are encouraged to seek advice from their ethics advisors on potential conflict of interest situations at any time.

c. An employee may invest his or her money, donate to charity, and participate in similar types of activities freely and without coercion.

14. Requests for Reassignment

a. An employee may request, in writing, permanent or temporary reassignment to a different position or a different supervisor at any time.

b. When the request is due to conflict with his or her work supervisor and the employee has tried to resolve the conflict, the employee may request the assistance of higher level Management.

c. Management will consider the request and will respond in writing, stating the reasons for the decision, within 28 days.

15. Management shall inform employees of rules, regulations, and policies under which they are obligated to work.

16. Employees shall not be given warnings or statements of disapproval, counseled on conduct or unacceptable performance, or given verbal warnings except in a setting that provides reasonable confidentiality. In special job-related situations involving safety and/or well-being of employees, immediate public admonishment is appropriate (for example, co-worker harassment or safety violations).

17. Records maintained on an employee that are not maintained on a permanent basis will be removed from official files in accordance with the Government’s retention schedule, unless otherwise specified in this Master Agreement. Employees have the right to review the contents of their Electronic Official Personnel Folder (eOPF) and may request a copy of any documents from the OPF through Human Resources. Upon request, employees will typically receive any documents requested from their OPF within 30 days.

18. Whenever practical, employees will have a profile on the electronic communication system. Employees will be provided duty time to access their official records on Forest Service and other Web sites where their official records are located. No employee will be penalized for the lack of a profile (for example, pay, benefits, training, or advancement opportunities).

a. Except as stated in Subsection b. below, Management will not, without the employee’s knowledge, access an employee’s electronic profile or storage media unless such access is required for internal security purposes (for example, for criminal investigations or where Management has reasonable cause to believe an employee is violating regulations in his or her use of the electronic office system).

b. Management will provide general policy information to the Union on all communication tracking hardware/software that may be used to monitor electronic communication systems for appropriate use or internal purposes as described in Section 18.a. Such policy information will include where and when they are being used or are to be used, how they would be used, the purpose of their use, and the types of employees who will be authorized to use the tracking hardware/software.

Bargaining Unit employees will be made aware of the subject policy on an annual basis.

19. Electronic devices, such as GPS capable units, and software, such as Lync/instant message sign-in, check in-check out procedures, will not be used to monitor travel, time, and attendance, except when there is reasonable suspicion of misconduct.

20. Collection of Debts owed to the Government:

a. An employee will be provided due process in accordance with the appropriate debt collection and salary offset regulations, including 5 USC 5514, 5 CFR 550 Subpart K, and the Debt Collection Improvement Act (1996), as amended.

These processes constitute the employee’s grievance/appeal procedures regarding the existence and amount of the debt and any resulting collection action.

b. Notification of a Debt:

(1) When Forest Service Management identifies that an employee is likely to owe a debt to the Government, the employee shall be notified as soon as possible. Such notification shall include the reason for the debt; approximate amount of the debt, if known; the date(s) the debt was incurred, if known; and phone number and email contact information where questions and requests for consideration should be addressed. Management will provide the employee a “plain English” guide to the Salary Offset, Hearing, and Waiver processes and their rights. The guide will be developed with Union review and input.

(2) For debts that arise from overpayment of salary, the notification shall normally be given at least seven days prior to changes to the employee’s record that will cause the debt to be referred to NFC.

(3) Exceptions: The notification requirements in 20.b(1) and (2) above do not apply when debts are generated through employee changes to their own timesheet or travel vouchers. This notification requirement also does not apply to actions initiated by the National Finance Center (NFC).

c. Internal Reconsideration Requests:

(1) Nothing in this section in any way affects or delays the employee’s timelines for responding to a notice from NFC (e.g., the 15 days in which to request a hearing).

(2) Reconsideration is an informal review performed to ensure that the Agency has correctly identified that the employee owes a debt to the Government.

(3) Employees may request a reconsideration in writing. To help with the review and commence an interactive dialogue to address the issue, an employee requesting a reconsideration should immediately provide the designated point of contact (POC) any relevant documentation or information.

(4) If Management determines that the debt is valid, the employee will be notified that the collection process will continue.

(5) If Management determines that the debt is invalid, then Management will notify the employee and take the appropriate corrective action to resolve the debt claim.

(6) The request for reconsideration does not indicate an admission of the debt on the part of the employee.

d. Official Debt Notice:

(1) Once a debt has been referred to the National Finance Center, the employee will receive a notice containing all information required by 5 CFR 550 Subpart K and informing them of the dollar amount of the alleged liability at least 30 days in advance of the collection action being initiated. (This is currently called a “Notice of Overpayment of Salary and Demand for Payment” or a “Demand for Payment.”)

(2) The notice will inform the employee of their rights to due process under 5 USC 5514, and 5 CFR 550 Subpart K, including Instructions for how to request a hearing and a waiver with associated time frames and a phone number where questions should be addressed.

e. This Section does not apply to the following, which may be grieved under Article 9:

(1) Alleged debts to the Forest Service of less than one hundred dollars; or

(2) Disciplinary actions related to failure to pay just debts originating outside the Government covered under 5 CFR 581 or 582.

21. Employees who are required to work, as part of an emergency or continuity of operations plan (COOP), shall be notified annually. The Union at the appropriate level shall be provided a list of all emergency employees annually and upon request.

22. Positions that are advertised and filled as virtual positions shall be identified as virtual on the applicable organizational chart, and “virtual position” shall be noted on the employee’s SF-50.

http://www4.law.cornell.edu/uscode/5/5514.html

23. Travel associated with alternate worksites within the duty station

a. For purposes of this section an employee’s “regular place of work” is determined by Management and can be described by a specific physical address or coordinates.

(1) An employee’s “regular place of work” is defined as the office or building where the employee spends the greatest part of their work time during the year, based on the preponderance of their duties.

(2) For field-going employees the regular place of work is the experimental station, forest office, district office, or other facility, out of which their work is performed.

b. An employee’s regular place of work or official duty station shall not be changed seasonally for the purpose of avoiding payment of travel associated with the employee reaching the location where work is to be performed temporarily.

c. Agency may authorize local travel within the duty station if an employee is required to report to a location other than their regular place of work.

(1) If authorized, the employee normally will use a Government Owned Vehicle (GOV) for this local travel; however, if a Privately Owned Vehicle (POV) is used the employee will be reimbursed at the appropriate rate in accordance with GSA mileage rates.

(2) When the employee elects to drive directly from home to a location other than their regular place of work but within their duty station, this will be considered their normal commute and as such is not compensable.

d. The Parties at the appropriate level may negotiate alternate arrangements related to travel associated with changes in the regular place of work, consistent with applicable law, government-wide rule or regulation, and this Master Agreement.

e. This section does not apply for positions that are advertised and accepted with two or more official duty stations or regular places of work.

ARTICLE 5

UNION RIGHTS AND REPRESENTATION

1. Representation: The NFFE is the exclusive representative of the employees in the Bargaining Unit and is entitled to act for these employees. The Union is responsible for representing the interests of all employees in the Bargaining Unit without discrimination and without regard to Union membership. The Union retains the right to designate its representatives on all matters.

a. The designated officers or representatives of the National Federation of Federal Employees, Forest Service Council (NFFE-FSC) have the right to represent the employees within the entire Bargaining Unit in the Forest Service. Vice Presidents (or their designees) of the NFFE-FSC have the right to represent employees within the Management Units to which they are assigned (that is, the Regions, the CCC, Research, and WO/WO-Detached).

b. If and when the Forest Service establishes new organization structures, the National Parties will discuss appropriate representational arrangements.

c. Local Lodge officers and representatives have the right to represent employees within the organized units that their Local Lodge represents.

d. For the purpose of administration of this Master Agreement, Management agrees to recognize representatives of the NFFE National Office and the NFFE-FSC in lieu of or in addition to Local Lodge officials.

e. Designation of Union Representatives:

(1) National: The designated officials at the national level are the President and Secretary-Treasurer, NFFE-FSC.

(2) Intermediate: The NFFE-FSC Vice Presidents are the designated officials at the respective intermediate level (for example: Region, Research, CCC, WO). When there is no NFFE-FSC Vice President, the NFFE-FSC President is the designated official.

(3) NFFE-FSC officials at the National and Intermediate level may designate other union officials to act on their behalf, in accordance with 1.e.(5) below.

(4) Local: The Local Lodge President is the designated official for each Local Lodge. When there is no Local Lodge President, the NFFE-FSC Vice President to which that Local Lodge is assigned will be the designated official.

(a) The Local Lodge President may designate a Primary Point of Contact (PPOC) as the designated official for each organized unit represented by the Local Lodge. PPOC designations will include a description of their authority.

(b) The Local Lodge President and PPOCs may designate additional representatives for specific matters, for each line organization, and for different shifts or duty stations. When there are any questions concerning the authority of the parties to make a binding decision, the parties are strongly encouraged to immediately resolve the issue.

(5) The Union will inform Management and the designated Labor Relations Specialist in writing of its designated representatives and will provide Management and the designated Labor Relations Specialist with a written notice of any change of a designated official or representative within 14 days of the change.

2. The Union has the right to represent an employee or group of employees in presenting a grievance or other appeal or when raising matters of concern. The Union has the exclusive right to represent employees under the negotiated grievance procedure in this Master Agreement. The Union has the exclusive right to invoke arbitration on behalf of itself or the employees.

3. In providing effective representation, Union representatives will use the most economical and efficient efforts to resolve representational matters including use of current communication technologies whenever practical in accordance with Article 7.

4. Formal Discussions: The Union will be given reasonable notice, the opportunity to attend, and the opportunity to participate in formal discussions. Notification of formal discussions shall be sent to the Local Lodge President or PPOC, if designated. A formal discussion is any meeting between one or more representatives of the Forest Service and one or more Bargaining Unit employees concerning any grievance, personnel policy or practice, or other general condition of employment.

5. Official Time and Travel:

a. Purpose of Official Time: Union officials who are employees will be granted a reasonable amount of official time to perform the following representational functions. The actual amount of official time to be used may vary in each situation.

(1) Review Management’s proposals concerning negotiations and changes in policies, practices, and matters concerning working conditions.

(2) Receive, review, prepare, and present grievances.

(3) Represent employees concerning complaints involving the Fair Labor Standards Act, Merit Systems Protection Board, Equal Employment Opportunity Commission, Office of Special Counsel, and Office of Workers Compensation.

(4) Prepare for negotiations and negotiate.

(5) Prepare reports required by 5 USC 7120(c).

(6) For members of the Executive Board or their designee: visit, phone, and write to elected representatives in support of or opposition to pending or desired legislation that would impact working conditions of employees represented by the FSC.

(7) Up to 320 hours of official time may be used for the annual Union-sponsored congressional contact meeting. Up to a total of 12 Union officials may be approved to attend. The 320-hour bank of hours or number of attending Union officials may be increased by agreement of the National Parties. Within 30 days prior to and then following the meeting, the FSC will provide the National Labor Relations Officer with a list of the employees, dates of travel, home unit, and the number of hours used by each employee.

(8) Perform other representational duties under the Statute and contract administration functions, such as: reviewing policies affecting the unit; conducting research associated with representational matters; meetings with management;

communicating with bargaining unit employees and other Union representatives regarding working conditions and conditions of employment; disseminating labor-management information to bargaining unit employees; representing the labor organization in investigations pursuant to 5 USC 7114(a)(2)(B); representing the labor organization in formal discussions; labor-management Partnership and Pre-Decisional Involvement activities.

b. Accounting for Union Official Time

(1) Union representatives are responsible for ensuring the appropriate time codes and amount of official time used is accurately recorded on their timesheet.

(2) Union officials who are on Flexible Work Schedules may elect to earn credit hours for official time granted for performance of representational functions.

(3) When the Parties agree, Permanent Seasonal employees in off-duty status who are needed to effectively resolve complaints and Labor-Management issues will be paid appropriately as mandated by applicable law or case law for the time spent administering this Master Agreement.

(4) When a Union official has been granted official time, pay rates applied to the official time will include any shift differentials otherwise applicable to the representative’s agency-assigned work during that shift.

(5) Union officials are not entitled to compensatory time for travel for representational functions. However, Management will make a reasonable attempt to schedule meetings and other events which require a Union Official to travel at such times that the Union Official may be compensated. Use of or a temporary change to flexible work schedules may be appropriate to allow compensation for official time for travel.

(6) Official time, including travel to and from meetings or Union sponsored training, will be excludable for Administratively Uncontrollable Overtime (AUO) calculation purposes when it is all or part of an aggregate 8 hour block of excludable activities in a day.

c. Travel and Per Diem: Travel and per diem are not entitlements under 5 USC 71 or automatically authorized when release on official time is granted. The following provisions for authorization and payment of travel and per diem apply.

(1) Travel will be requested and approved prior to its commencement pursuant to applicable governing requirements (that is, Federal Travel Regulations). Use of Government-owned or -leased vehicles for Union representatives will be in accordance with the provisions of Article 7.

(2) After management considers Section 3 above, employees who are performing representational functions as specified in Section 5.a and are the designated Union representatives under Section 1 above will be paid travel and per diem, when authorized.

(3) Authorization of travel and per diem for Union representatives who are not the normal designated Union official, as defined in Section 1, or the locally available representative will be determined by whether the travel is necessary and promotes the efficient and proper administration of this Master Agreement.

6. Release Procedures for Use of Official Time: The decision to approve, delay, or deny a request for release for official time will be made by Management. Procedures for release are as follows:

a. Request: The Union official will request release as far in advance as practical. The Union official will request release for use of official time from the appropriate Management official in Section 6.b below. The request will normally be in writing and will contain the following information:

(1) The type of representation matter(s) (See 5.a),

(2) The approximate length of time needed,

(3) Location, and

(4) A way to contact when away from their normal duty station.

Union and Management Officials are expected to communicate about the request for release. This is not intended to be a barrier to releasing a Union official.

Union and Management officials may mutually agree on alternate arrangements for release procedures of a continuing nature. At a minimum, Union and Management officials will develop alternate arrangements for urgent matters that arise.

b. Notification Officials:

(1) NFFE-FSC President, Secretary-Treasurer, and Vice Presidents will submit requests for release to the Management official listed below, or their designees.

President and Secretary-Treasurer Associate Deputy Chief of Business Operations Job Corps CCC VP Chief of Staff for Job Corps CCC WO and WO-detached VP Appropriate Staff Director National Forest System VP Deputy Regional Forester Research VP Appropriate Assistant Station Director, Research

(2) Local Lodge Union officials will submit requests for release to their supervisor or designee.

c. Responses to Requests

(1) Management will respond to requests for release for the use of official time in a timely manner. Delays or denials shall be made in writing, including the reason, normally no more than 24 hours after the request for release.

(2) Normally, ordinary workload will not preclude release.

(3) If the Union official cannot be released at the requested time due to work requirements, the official will be released when the workload requirements have been met or other arrangements have been made.

(4) If the Union official cannot be released the day of the request, they will be informed of the reason for the delay and when the Union official will be released (normally within 24 hours).

(5) If a delay in releasing a Union official involves a situation with a contractual time limit, the time limit will be extended equal to the delay.

7. When performing representational functions at other worksites, the Union official will notify the unit head before arriving.

If the visit would unduly interfere with work requirements, the unit head shall establish another time at which the Union official can visit the site.

8. Membership Drives: Upon request and subject to normal security limitations, the Union shall be granted authority to conduct up to two membership drives at any location within a 1-year period, up to 45-days duration each, before and after duty hours, and at break periods and lunch periods. Upon request, Management shall provide the Union with available, reasonable, and visible space, tables, bulletin boards, and easels for use in drives. Current government communication technologies shall be made available in accordance with Article 7.

9. Restraint: There…