Appendix III - 2000 Labor Agreement.pdf

U.S. Department of Justice

Immigration and Naturalization Service

Agreement 2000

Between

U.S. Immigration and

Naturalization Service and

National Immigration and Naturalization

Service Council

American Federation of Government Employees, AFL-CIO

M-203 (Rev. 06/08/2000) N

INS/NINSC AGREEMENT 2000 PAGE 1

(ARTICLE 2 - Effect of Law and Regulation)

TABLE OF ARTICLES PAGE

ARTICLE 1 - Recognition

ARTICLE 2 - Effect of Law and Regulation

ARTICLE 3 - Employee Rights

ARTICLE 4 - Management Rights

ARTICLE 5 - Union Rights

ARTICLE 6 - Status of Employee Representatives

ARTICLE 7 - Use of Official Time

ARTICLE 8 - Facilities and Services

ARTICLE 9 - Impact Bargaining and Mid-Term Bargaining

ARTICLE 10 - Partnership and Labor-Management Relations

ARTICLE 11 - Protecting Against Prohibited Personnel Practices

ARTICLE 12 - Notice to Employees

ARTICLE 13 - Outside Employment

ARTICLE 14 - Retirement

ARTICLE 15 - Development and Training

ARTICLE 16 - Classification

ARTICLE 17 - Safety and Health

ARTICLE 18 - Injury Compensation

ARTICLE 19 - Fitness for Duty Examination

ARTICLE 20 - Disabled Employees

ARTICLE 21 - Personnel Records

ARTICLE 22 - Performance Appraisal

ARTICLE 23 - Reduction-in-Force, Transfer of Function and Reorganization

ARTICLE 24 - Firearms and other Weapons

ARTICLE 25 - Uniforms and Appearance

ARTICLE 26 - Travel

ARTICLE 27 - Overtime - (Other than Uncontrollable Overtime and LEA)

ARTICLE 28 - Details and Temporary Duty Stations

ARTICLE 29 - Hours of Work

ARTICLE 30 - Formal Meetings and Investigative Interviews

INS/NINSC AGREEMENT 2000 PAGE 2

ARTICLE 31 - Disciplinary and Adverse Actions

ARTICLE 32 - Actions Based Upon Unacceptable Performance

ARTICLE 33 - Career Ladder Promotions and Within Grade Increases

ARTICLE 34 - Quality Step Increase

ARTICLE 35 - Annual Leave

ARTICLE 36 - Sick Leave

ARTICLE 37 - Administrative Leave

ARTICLE 38 - Home Leave

ARTICLE 39 - Leave Without Pay

ARTICLE 40 - Leave for Family Responsibilities

ARTICLE 41 - Counseling for Performance and Conduct

ARTICLE 42 - Holidays and Religious Observances

ARTICLE 43 - Probationary Employees

ARTICLE 44 - Equal Employment Opportunity

ARTICLE 45 - EEO Advisory Committees

ARTICLE 46 - Sexual Harassment

ARTICLE 47 - Grievance Procedure

ARTICLE 48 - Arbitration

ARTICLE 49 - Effective Date and Duration

ARTICLE 50 - Negotiation of Supplemental Agreements

ARTICLE 51 - Impasses in Supplemental Negotiations, Impact Bargaining, and Mid- Term Negotiations

ARTICLE 52 - Total Quality Management

ARTICLE 53 - Employee Assistance Program

ARTICLE 54 - Contracting

Signature Page…………………………………………………………………….106

INS/NINSC AGREEMENT 2000 PAGE 3

TABLE OF APPENDICES

APPENDIX 1 - Merit Promotion Plan I

APPENDIX 2 - Dues Withholding

APPENDIX 3 - Side Letter on Intent of Article 7.C.(2): Official Time

APPENDIX 4 - TQM Memorandum of Understanding

APPENDIX 5 - Side letter on Intent of Article 53:Employee Assistance Program116

APPENDIX 6 - Side Letter on Web Gear Equipment

APPENDIX 7 - Memorandum of Understanding on Ethics

OUTLINE INDEX

An outline of the contact is provided at the end for easy reference.

The outline can be used as a tool to quickly look through the contract to find the articles and paragraphs relevant to issues in the workplace, or for training.

The outline headings throughout the contract are for reference only.

---------------- Notes ----------------

Note: Organizational titles frequently change. The titles referenced in this agreement are those that existed when the agreement was negotiated.

INS/NINSC AGREEMENT 2000 PAGE 4

ARTICLE 1 - Recognition

BARGAINING UNIT. The Service recognizes the American Federation of Government Employees (National Immigration and Naturalization Service Council) as the bargaining agent for all personnel of the Immigration and Naturalization Service, except professionals, those assigned to Border Patrol Sectors and those excluded from coverage by the Civil Service Reform Act.

GENDER LANGUAGE. All references to members in this Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include male and female members as appropriate.

ARTICLE 2 - Effect of Law and Regulation

A. EXISTING OR FUTURE LAWS. In the administration of all matters covered by this Agreement, the parties are governed by existing or future laws; and government wide rules or regulations in effect upon the effective date of this Agreement. In the administration of this Agreement, should any conflict arise between the terms of this Agreement and any present or future laws, provisions of such laws shall supersede conflicting provisions of this Agreement.

B. GOVERNMENT WIDE RULE OR REGULATION. Should any conflict arise in the administration of this Agreement between the terms of this Agreement and any government wide rule or regulation such as the Code of Federal Regulations or Department of Justice Orders, Policy Letters, Manuals (other than a rule or regulation implementing 5 U.S.C. 2302), issued after the effective date of this Agreement, the terms of this Agreement will supersede and govern.

C. SERVICE POLICY. In any conflict between the terms of this Agreement and any provision of Service Orders, Policy Letters, Manuals, etc., regardless of date of issuance, the terms of the Agreement will govern.

D. EFFECT OF INVALIDATION. Should any part of this Agreement or any provision or provisions contained herein be rendered or declared invalid by reason of any of the contingencies referred to in this Article, such invalidation of such provision or provisions of this Agreement shall not invalidate those unaffected parts or provisions contained in this Agreement and they shall remain in full force and effect.

E. SCOPE. The requirements of this Article shall apply to all supplemental, implementing, subsidiary or informal agreements between the parties.

F. INTENT OF RESTATEMENT. In a number of the provisions of this agreement, statutes or regulations are restated for the convenience of the parties and the employees covered by the agreement. In restating the provisions of such statutes and regulations, some minor changes to the statutory and regulatory language have been made for

INS/NINSC AGREEMENT 2000 PAGE 5

(ARTICLE 3 - Employee Rights) larity or to place that language in context. These wording changes are not intended to change the meaning of the language in question. However, should there be any conflict between the language of this agreement and the language of applicable statutes, or regulations in effect at the time the agreement became effective, the language of the statutes and regulations is controlling.

ARTICLE 3 - Employee Rights

A. RIGHT TO JOIN AND PARTICIPATE.

(1) Employee Participation. Employees covered by this Agreement 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, and each employee shall be protected in the exercise of such right. Except as otherwise provided in the Civil Service Reform Act of 1978, such rights include the right -

(a) Representation. To act for a labor organization in the capacity of a representative and the right, in that capacity to present 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 authorities; and

(b) Collective Bargaining. To engage in collective bargaining with respect to conditions of employment through the Union as provided by law and this Agreement.

(2) Management Non-participation. Nothing in this section, or this Agreement, authorizes participation in the management of a labor organization by a management official, a supervisor, or a confidential employee, except as specifically provided in the Civil Service Reform Act of 1978, or by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee.

B. PRIVATE COUNSELING. Any discussions with individual employees concerning counseling, evaluations, workload review, or disciplinary actions will be conducted so as to insure the privacy of the employee

C. CONTRIBUTIONS / GIFTS..

(1) Voluntary. The Employer agrees that participation in the Combined Federal Campaign, United States Bond Drives, Blood Donor Drives, and other worthy programs will be on a voluntary basis.

(2) Gifts. Contributions for gifts for supervisors, management officials or fellow employees will be strictly voluntary.

INS/NINSC AGREEMENT 2000 PAGE 6

(ARTICLE 4 - Management Rights)

D. RIGHT TO COMMUNICATE. An employee has the right to communicate with the appropriate member of the following offices concerning individual personnel matters:

(1) The servicing Human Resources Office(s) including District, Center, Office, Regional and Headquarters Human Resources Offices;

(2) The EEO Office or the EEO Officer;

(3) A Supervisor or Management Official of a higher rank than the employee’s immediate supervisor;

(4) EEO Counselors;

(5) The appropriate official in the Safety and Health Office.

Employees are encouraged (but not required) to initiate such individual personnel matters with first-line supervisors and to follow the chain of command where appropriate.

ARTICLE 4 - Management Rights

A. NEGOTIATING. Nothing in this Contract shall preclude the Service and the Union from negotiating:

(1) Permissive Subjects. At the election of the Service, on the numbers, types and grades of employees or positions assigned to any organizational subdivision, work projects, or tour of duty, or on the technology, methods and means of performing work.

(2) Procedures. Procedures which management officials of the Service will observe in exercising any authority under this Article; or

(3) Appropriate Arrangements. Appropriate arrangements for employees adversely affected by the exercise of any authority under this Article by Service officials.

B. AUTHORITY OF SERVICE OFFICIALS. Nothing in this Contract shall affect the authority of any Service official:

(1) To determine the mission, budget, organization, number of employees and internal security practices of the service; and

(2) In accordance with applicable laws:

INS/NINSC AGREEMENT 2000 PAGE 7

(ARTICLE 5 - Union Rights)

(a) To hire, assign, direct, lay off and retain employees in the Service, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees:

(b) To assign work, to make determination with respect to contracting out and to determine the personnel by which Service operations shall be conducted;

(c) With respect to filling positions, to make selections for appointment from:

(i) Among properly ranked and certified candidates for promotion; or

(ii) Any other appropriate source; and

(d) To take whatever action may be necessary to carry out the Service Mission during emergencies.

ARTICLE 5 - Union Rights

A. EXCLUSIVE REPRESENTATIVE. The Union is the exclusive representative of the employees in the unit and is entitled to act for, and represent the interests of all employees in the unit. Where appropriate, for the purposes of this agreement, when the term District Office is used it is understood that it will include Service Centers, Asylum Offices, Administrative Centers, Regional Offices, and Headquarters.

B REPRESENTATION AT FORMAL DISCUSSIONS.

(1) Formal Discussions. The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Employer and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practice or other general condition of employment.

(2) Notice. The Union representative will receive reasonable advance notice of such formal discussions. The Union will receive copies of documents supplied to employees at the time of the discussion. Except in circumstances in which an urgent operational need to act quickly requires a shorter period or a shorter period is mutually agreed to by the parties, reasonable notice will mean not less than 24 hours.

C. REPRESENTATION AT INVESTIGATORY INTERVIEWS. The Union shall be given the opportunity to represent employees in investigative interviews as provided in Article 30, Section B of this Agreement.

D. RIGHT TO PRESENT VIEWS. The Union shall have the right to present its views, either orally or in writing, to the Employer on any matters of concern regarding personnel policies and practices and matters affecting working conditions.

INS/NINSC AGREEMENT 2000 PAGE 8

(ARTICLE 6 - Status of Employee Representatives)

E. EXISTING AGREEMENTS. This Agreement is not intended to abolish, solely by exclusion here from, any national, local or regional understandings or agreements which have been mutually acceptable at the national, local or regional level. It is understood that any such understandings and agreements are valid only to the extent they are not inconsistent with the provisions of this agreement or controlling regulations as described in Article two.

ARTICLE 6 - Status of Employee Representatives

A. NO RESTRAINT. The Service shall not impose any restraint (except as may be otherwise provided in this Agreement), interference, coercion, or discrimination against employees in the exercise of their rights to organize and designate representatives of their own choosing for the purposes of collective bargaining, the presentation of grievances, appeals from adverse actions, Labor-Management Relations, or upon duly designated employee representatives acting on behalf of an employee or group of employees within the bargaining unit.

B. DESIGNATION OF STEWARDS. A reasonable number of stewards may be designated by the Union or its affiliated Locals and shall be recognized as employee representatives for employees in the District, or other service facility in which they are designated to be stewards. The Union will supply the Service with their names, which may be posted on appropriate bulletin boards. It shall be the duty of the Union to notify Management of any changes in the roster of stewards.

C. AUTHORIZATION FOR REPRESENTATIONAL DUTIES. Upon request and approval in advance, Union officials are authorized to perform and discharge the duties and responsibilities which may be properly assigned to them under the terms of the Civil Service Reform Act of 1978 by the Union in accordance with this Agreement and any supplemental agreement or agreements hereunder. The Service agrees that there shall be no restraint, interference, coercion, or discrimination against a union official because of the performance of these duties while they are serving as Union officials.

Union officials shall be relieved from official duties during the period they are serving as union officials. This does not preclude employees being called back to their official duties when there is an immediate need for their services. Nothing shall require a Union official to take official time at an agency location unless required by the representational duties performed and/or required by the official duties from which the employee is relieved.

D. STEWARD AND OFFICER LISTS / MANAGEMENT DIRECTORIES. It is incumbent upon the Union to furnish Management written notice of the names of the Union Officials and to advise Management of any changes in its list of designated Union representatives. In turn, Management will provide the Union, at the National, Regional and Local level, the appropriate Service telephone Directories and updates as printed. Management will advise new unit employees or employees transferring

INS/NINSC AGREEMENT 2000 PAGE 9

(ARTICLE 7 - Use of Official Time) between stations, upon entering on duty, of the name of the Local President in writing.

ARTICLE 7 - Use of Official Time

A. AUTHORIZED USES. Upon request, and approval, Union officials may use official time to conduct representational functions where such is authorized pursuant to, and consistent with, applicable statutes, regulations, and executive orders relating to complaints, grievances, appeals and other matters involving dealings with Service officials. Official time for representational functions performed by Union officers and stewards will be authorized for:

(1) Representation. Representation in grievances, discrimination complaints and appeals.

(2) Grievances. To prepare and present grievances under the NGP, including allegations of discrimination, the Local representative may be authorized up to a maximum of sixteen (16) hours of official time but may not use more than eight

(8) hours at any step of the grievance procedure. After arbitration has been invoked in accordance with Article 48, if a Local representative is designated to present the grievant’s case, he or she will be authorized twenty-four (24) hours to prepare for arbitration. Should the hearing be continued, the designated representative will be granted eight (8) hours preparation time for each additional scheduled hearing day. The Local representative may be authorized up to a maximum of four (4) hours to prepare a ULP charge. Prior to filing an unfair labor practice charge with the Federal Labor Relations Authority, Union Representatives will, in an effort to resolve the issue, discuss the complaint with local managers. Union officials shall not knowingly file a grievance or a ULP charge concerning the implementation of a policy or procedure agreed to by the Council President and Management at the national level.

(3) Labor-Management Meetings. For representation of the Union in Labor- Management meetings with the Employer pursuant to Article 10. Local presidents shall be authorized up to three (3) hours for preparation prior to each meeting.

(4) Arbitrations & Appeals. For representation at arbitrations and statutory appeal hearings.

(5) Adjustment of Grievances. Representation at adjustment of grievances, adverse actions and any EEO matters that affect bargaining unit employees.

(6) Committee Meetings. Attendance at committee meetings as the designated Union representative.

INS/NINSC AGREEMENT 2000 PAGE 10

(7) Respond to Management. Review of and response to memoranda, letters, and requests from the Employer, as well as proposed new instructions, manuals, notices, etc., which affect personnel policies, practices or working conditions.

(8) Technical Representative. To act as a technical advisor or assistant employee representative in hearings. The technical advisor or assistant employee representative will be granted up to 8 hours official time to prepare for the hearing. There shall be a limit of one representative so designated at a proceeding.

(9) Observer. To attend hearings or meetings in the capacity of an observer where bargaining unit employees have elected to pursue a grievance without Union representation.

(10) Respond to Congress. To respond to requests for information from members of Congress and/or testify before Congress.

(11) Partnership. To participate in Labor-Management Partnership Council proceedings and endeavors. Official time used under this subsection will not be counted against the negotiated block time of any local union official.

(12) Treasurer. The treasurer of each local and the Council will be authorized four

(4) hours per month to complete reports required by other federal agencies.

(13) EEO Briefings. To participate in status briefings of the Service’s EEO program.

(14) Other Functions. To perform those functions stated elsewhere in this agreement for which official time has been expressly provided.

Approval of official time for appropriate Union representational activities other than those specified above will be subject to review at the regional level.

B. BLOCK TIME. Official time for the performance of functions described in Article 7(A) as well as labor-management partnership activities will be granted during regular duty hours to Union officials as follows:

(1) Council President -(100%)

(2) Executive Vice President (100%)

(3) Seven Vice Presidents (100%)

(4) Fair Practices Coordinator - (100%)

(5) Two Staff Assistants to the President - (100%)

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(6) Except as specifically provided, Local Union Officers shall be authorized reasonable official time to perform functions outlined in this agreement. The parties agree that use of blocks of official time for local union officials is an appropriate subject for bargaining in local supplemental negotiations.

C. REQUIRED PROCEDURES:

(1) Advance Notice. All Union officials (except those listed in Section B 1 thru 5 above) will make every effort to schedule use of time and give advance written notice to Management in accordance with C(2) below. Requesting Union officials will inform the immediate supervisor by way of a completely filled out Form G- 826, including among other matters, the nature of the duties to be performed and will indicate on the form the estimated amount of time to be used and the object class code to which the time is to be charged.

(2) Form G-826 Procedures. The Employer will furnish a form G-826 (pre-printed memorandum) which shall be used by all Union officers (except those listed In Section B 1 through 5 above) to request official time pursuant to this Article. The Union officer will prepare the form completely pursuant to this Article and submit the form to the appropriate supervisor in duplicate. The supervisor will endorse the form indicating approval or denial, retain one copy and return one copy to the requester. If the request is approved, the Union officer, upon completion of the authorized activity and at the time of his or her return to duty; will advise his or her supervisor, either orally or in writing, as to the date and time of his or her return to duty and total number of hours used. The supervisor will then note on his or her copy of the original request to reflect the total time (hours/dates) used and insure that such time is appropriately recorded on the Union officer’s time and attendance report. The supervisor will also, at that time, forward a copy of the to the appropriate servicing Human Resources (LMR) Office. The Union official shall not be required to identify a possible grievant at the informal stage of the NGP until such time as the grievance is officially filed, but shall be required to identify the specific issue being considered and the Union official must identify his or her place of contact or telephone number at all times pursuant to Article 6C.

Requests for official time will be acted upon in a timely manner. Adjudication of the request in a timely manner will mean 24 hours or less on consecutive weekdays, excluding weekends or holidays from the time that a properly completed request is submitted to an appropriate management official. Managers will take into consideration the time constraints the Union official may be operating under. Should an occasion arise when a request must be denied, in whole or in part, the Service will cite the reason for the denial on the official time request form.

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(3) Supervisory Approval. The Union officer and/or employee involved shall also obtain approval of the employee’s supervisor for any meeting during the employee’s duty time.

(4) No Internal Union Business. In no case will internal Union business such as solicitation of dues, maintenance of the dues check-off agreement, or solicitation of membership be conducted on official time.

D. RESTRICTION ON BLOCK TIME. The 2080 hours of official time authorized for use by Council Officers listed in Section B 1 thru 5 above is intended and shall be interpreted as authorizing those Council Officers 100% official time for all representational duties performed during their normal duty hours. However, it does not authorize official time during normal duty hours for the following activities:

(1) Internal Union Business. Conduct of internal Union business for which Council Officers shall charge their time to annual leave or leave without pay.

(2) Leave. Activities for which the employee would normally be required to charge his or her time to annual, sick or other appropriate leave if he or she were not a Union officer (e.g. annual leave for a vacation or sick leave for an illness).

Recall to Duty. Not-withstanding the provision of this Section, the Council Officers may be assigned official duties (and appropriately compensated) in situations of emergency.

E. TRAVEL TIME. A Local President or designee may be granted reasonable and necessary travel time for the purpose of traveling to assist in representing a grievant within his or her district at a sub-office or remote location which does not have a local Union steward, or for any other meetings scheduled by management.

F. COUNCIL REPRESENTATIVES. National Council representatives are authorized official time to attend the following meetings:

(1) Labor-Management Meetings. National and Regional Annual Labor- Management Meetings respectively;

(2) Safety and Health Committee Meetings. National and Regional Safety and Health Committee Meetings; or

(3) Other Meetings with Management. Any other meeting scheduled by Management with the intent of meeting with the Union as general representative of the bargaining unit for the purpose of obtaining the Union’s views or offering Management’s views on the operation of a policy or program (excluding grievance representation, complaints, appeals, negotiations, etc.) will be authorized travel expenses and per diem. Necessary time for travel will be allowed.

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G. ADMINISTRATIVE TIME FOR TRAINING.

(1) Limits. The Service agrees that official leave may be administratively authorized for Union representatives to attend training approved by Management which is designed to advise representatives on matters within the scope of CSRA and Title 7, which are of mutual concern to the Service and the Union. Administrative excusal for this purpose will not exceed:

(a) Offices of Less than 50. Fifteen (15) training days per calendar year for each District, Office or Center, with less than fifty (50) employees,

(b) Offices of 50 to 299. Thirty (30) training days for each District, Office or Center with 50-299 employees,

(c) Offices of 300 to 500. Forty (40) training days for each District, Office or Center with three hundred (300) to five hundred (500) or more employees,

(d) Offices of More than 500. Sixty (60) training days for each District, Office or Center with more than five hundred (500) employees.

(e) Council. Thirty (30) training days per year for the Council. Council officers as identified in B who present such training may use the authorized official time for this presentation.

(2) Procedures. Requests for such leave to attend training shall be submitted to the appropriate District, Service Center, or Asylum Office, and a copy as well to the appropriate Administrative Center Director together with an agenda that includes the actual hours that training will be conducted. Requests shall be received in writing from the Union at least fifteen (15) working days in advance of the date the training is scheduled to commence. Management shall notify the Union of its decision no later than ten (10) working days after receipt of the request.

H. ARBITRATION TRAVEL AND PER DIEM. The Service will pay travel and per diem expenses for Council Officers identified in Section B 3 when they act as representatives in arbitration cases for disciplinary actions of ten (10) calendar days or more, within their area.

I. COUNCIL TRIPS. The Council President and Executive Vice-President or Council Officers designated by the Council President will be authorized up to a combined total of twenty-two (22) trips, for the purpose of improving the labor management relationship within the Service, to assist local unions in 9A bargaining; to present the Union’s case in arbitration of suspensions of 20 days or more; or cases involving demotions in grade. The trips will be authorized and coordinated with the Labor Management Relations Office in Washington, D.C.

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(ARTICLE 8 - Facilities and Services)

J. TRAVEL AND PER DIEM FOR UNION REPRESENTATIVES. Union representative official time and travel and per diem provisions of this agreement shall normally apply only to designated union representatives. However, it is also understood that the Union at the local level may from time to time designate other employees to represent its interests and to participate in activities including rating panels, labor management meetings, partnership activities, or any other meetings called by management. Such employees shall be authorized official time, travel and per diem as necessary for participation in such activities consistent with the needs of the Service. The union shall make every practicable effort to rely on employees who are locally available for participation in such activities.

ARTICLE 8 - Facilities and Services

A. UNION USE OF SERVICE FACILITIES.

(1) Meeting Space. Upon reasonable advance request by the Union, the Employer will provide meeting space, if available, in areas occupied by the Employer for meetings during non-duty hours. The Union will comply with all security, safety and housekeeping rules in effect at that time and place.

(2) Non-duty Hours. Employees attending meetings under Subsection (1) will do so only during non-duty hours or while they are in a leave status.

(3) Elections. Upon reasonable advance request, mutually agreed upon space will be provided, if available, by the Employer to be used in conjunction with elections governed by Local by-laws. The Union acknowledges that no responsibility for the safety or security of the ballot boxes is assumed by the Employer.

(4) Membership Drives & Materials. Upon reasonable advance request, management agrees to provide space for the purpose of membership drives and distributing Union issued materials. These activities will be conducted during break, lunch periods and non-duty hours and shall not interfere with the mission of the Service. Specific arrangements will be negotiated locally.

B. FACILITIES FOR REPRESENTATION.

(1) Meeting Space. Upon reasonable advance request by the Union, the Employer will provide confidential meeting space, if available, during official hours of business, in areas occupied by the Employer, for the following purposes:

(a) Grievances / Appeals. Preparing or discussing a grievance or appeal;

(b) Caucusing. Caucusing immediately before, after, and during scheduled meetings with the Employer;

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(c) Agreement Administration. Discussing matters directly related to the administration of this Agreement.

(2) No Internal Union Business. Nothing in this section shall be construed as permitting meetings or the use of management supplied equipment for the purpose of conducting internal union business.

C. BULLETIN BOARDS

(1) Prominent and Accessible. Each Employer installation will provide bulletin board space in a place of prominence and reasonably accessible for posting material published by the Union or its affiliated Locals.

(2) Exclusive Use. In each District Office the Employer will provide to the Union for its exclusive use one locked bulletin board (of approximately three feet by four feet). The bulletin board will be permanently attached to the walls where building regulations permit such permanent installations. The Union may, subject to availability of suitable space, install at its own expense bulletin boards of up to three (3) by five (5) feet in addition to the bulletin board supplied by management.

(3) Restrictions. Material which does not violate any law, contain libelous material or personal attacks may be posted on union bulletin boards.

D. ACCESS TO EMPLOYEES.

(1) Employee Lists. Upon request, but no more than annually, the Service will furnish to the Union, at the Regional level, for its internal use only, a list which will contain the names, grades, position title, and posts of duty of all employees in the local bargaining unit. The Regional Vice President will be supplied, on a monthly basis, a listing of bargaining unit personnel accessions and separations from each District, Service Centers, Asylum Office, Regional Office, Administrative Centers, or Headquarters. The parties recognize that errors may occur from time-to-time in regard to input and coding of data, and that the listings will not be construed as action by the Employer to unilaterally deny bargaining unit status to any employee, or to confer it.

(2) Employee Orientation. Each new employee, including transfers, as part of his or her orientation, will be given a presentation not to exceed twenty-five (25) minutes by the local Union representative. The Union representative will be invited to attend and will be in a duty status, and the orientation will cover only the labor relations law, the provisions of the Contract and Union/Management Agreements. No recruiting or other internal Union business may be conducted during the orientation

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E. REFERENCE MATERIALS.

(1) Employee Use of CFR and AM. The Service agrees to continue to provide in each District a copy of the Code of Federal Regulations and the Administrative Manual (AM) for use of employees and the Union, and will keep such material up-to-date.

(2) CFR and AM. The Service will provide a copy of Title 5 of the Code of Federal Regulations and the AM to those installations where there are more than one hundred (100) bargaining unit employees.

(3) Council Copy of AM. The Service will provide a copy of the AM and subsequent changes to the National Council President, the Executive Vice-President and to the Regional Vice-Presidents of the Council.

F. LOCKER ROOMS. To the extent that local conditions warrant and space and resources are available, the Service agrees to provide suitable space for changing uniforms and lockers for storage of employee uniforms. Whenever Service facilities are redesigned, renovated or when a new facility is contracted, the Service will, to the maximum extent possible, provide adequate locker space for all uniformed employees.

G. CONTRACT COPIES.

(1) Employee Copy. A copy of this Agreement will be printed and given to each employee in the unit.

(2) Printing. The Service agrees to reproduce and distribute (8 ½” by 11”) copies of this Agreement, legibly printed, with blue cover including bold letters “Agreement 2000” to all employees currently assigned to the bargaining unit and those subsequently hired into the unit. It is further understood that proof copies of the agreement will be reviewed and approved by Service and Union prior to final printing of the agreement.

(3) Council and Local Copies. The Service agrees to provide six hundred (600) copies of the printed Agreement to the President of the Council and fifty (50) copies to AFGE and each Local Union in the Council.

H. UNION REPRESENTATIVES PERMITTED ON GOVERNMENT PROPERTY. National representatives of the Union and Council officers shall normally be permitted upon all Service installations. It is understood that such Union representatives shall request permission to visit in advance to the supervisor in charge of the installation. If the supervisor cannot approve the visit for valid operational reasons the supervisor will make an alternative arrangement for the official. Upon arrival, the official shall advise the supervisor of his or her presence. Such representatives shall not interfere with the work of employees of the installation during duty hours. Subject to the above

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estrictions, national representatives of the Union shall be permitted to participate in meetings between Local representatives and the Service.

I. TELEPHONES. Telephones will be made available on a reasonable basis to Union officers to conduct Union representational activities as authorized under the provisions of Article 7 of this agreement.

J. SPACE & EQUIPMENT. The parties agree that providing Local Union office space and reasonable access to government equipment is in the best interest of the parties and of their partnership endeavors. The Service will provide office space and reasonable access to government office equipment to each local union.

K. ELECTRONIC MAIL. Union officials are authorized the use the Service’s e-mail system. The Union may use the e-mail system to communicate informally with employees and the Service but not for strictly internal union business. The parties agree that internal union business is prohibited when using government-provided access to the Internet. The parties should be mindful of the fact that electronic mail messages are considered government records which may be accessed whenever a legitimate governmental purpose exists for doing so. Correspondence submitted through the e-mail system does not satisfy official notice requirements under this agreement.

L. INSERTS. The Service shall provide and update the Service’s CD-ROM titled “INSERTS” to all Local Presidents and all Council Officers. The Union shall provide the Headquarters Labor and Employee Relations Policy Section with a list of those officials (including addresses) of all officials who are to receive “INSERTS”.

M. TELEPHONE CARDS. The Service shall provide all Council Officers, including staff assistants, with a telephone credit card which may be used for all calls except for internal union business or personal business.

N. COPY MACHINES. Copy machines will be made available to union officials, with management approval. There will be no use of copiers for internal union business.

The Union will supply the paper for any copies made.

O. FAX MACHINES. Union officials, in the performance of their representational responsibilities, may make reasonable use of the Service’s fax machines to communicate with management officials, grievants and other Union officials, provided that the Union official concerned has sought and secured the permission of management. It is understood that documents pertaining to internal Union business are not to be transmitted over the Service’s fax machines. It is also understood that bargaining notices and demands are not to be served by fax communiqués unless the receiving party expressly consented to such means of service in regard to the particular matter at issue.

INS/NINSC AGREEMENT 2000 PAGE 18

ARTICLE 9 - Impact Bargaining and Mid-Term Bargaining

A. NOTICE OF PROPOSED CHANGE. The parties recognize that from time-to-time during the life of the Agreement, the need will arise for Management to change existing Service regulations covering personnel policies, practices, and/or working conditions not covered by this Agreement. The parties are encouraged to engage in pre-decisional involvement prior to the agency’s formal presentation of proposals for working conditions under this article. If the parties are unable to reach an agreement through pre-decisional involvement or if pre-decisional involvement is not used, the Service shall present the changes and explanation of the changes, including the reason for the change(s) it wishes to make to existing rules, regulations, and, existing practices to the Union in writing. The Service recognizes that this obligation exists at the National, Regional and District level depending upon the level at which such changes originate. If the Service proposes a change in working conditions in locals in more than one region, such as for Telephone Centers or Service Centers, it shall serve the requisite notice on the Council at the national level. If the Union intends to exercise its bargaining rights regarding the proposed change, it must submit a timely bargaining demand including proposals, in accordance with the procedures and time frames specified below.

B. BARGAINING PROCEDURES. As applicable, mid-term bargaining shall be conducted in accordance with the following procedures and time frames:

(1) National Level Bargaining:

(a) Notice of Proposed Change. When bargaining is appropriate at the National Level, Management shall serve its notice of the proposed change upon the President of the Council or his or her designee.

(b) Demand to Bargain / Information. Within twenty-two (22) workdays after being served with the notice of the proposed change, the President of the Council, or his or her designee, may request any additional information necessary to clarify or determine the impact of the proposed change. At the same time they shall serve any bargaining demand in writing upon the Chief, Labor and Employee Relations Policy Section, INS Headquarters, or such other person as may have been identified for this purpose in the Service’s notice to the Union.

(c) Union Proposals. The Union will submit bargaining proposals with its demand to bargain. If the Union has requested additional information from management related to the proposal from management, amendments to the proposals may be made within fifteen (15) workdays of receipt of the information.

INS/NINSC AGREEMENT 2000 PAGE 19

d) Negotiations. If, following any informal discussions, the Parties are unable to reach agreement on the proposed change, they shall commence negotiations on a mutually agreeable date and site. Absent mutual agreement on a date for bargaining, such negotiations shall commence at 9:00 a.m. on the fifteenth workday following the date the Union’s proposals were first received by Management.

(e) Delays / Breaks. Once negotiations have commenced the parties recognize the obligation exists to bargain in good faith and will therefore avoid unnecessary delays. If a break in negotiations is necessary the parties will agree on a time and date to resume bargaining prior to any recess, whenever practicable.

(f) Bargaining Teams. Each Party will inform the other of the names of its bargaining team members at least five (5) workdays before the start of any negotiations. The Union’s bargaining team members will be accorded official time for all time spent in bargaining, including necessary travel time and impasse proceedings, provided that the number of such Union team members is not greater than Management’s bargaining team. The Service will also pay the travel and per diem expenses for such members of the Union’s bargaining team. To accommodate the bargaining process, Management will make such shift adjustments as may be necessary for those on the Union’s team who are entitled to official time for bargaining purposes.

(g) Additional Team Members. The parties agree that the Union team may have members in excess of those on Management’s team, not to exceed two (2), who will be on official time if an employee of the Service. Any necessary travel and per diem for such additional team members will be borne by the Union.

(h) Travel & Per Diem. The Service will pay the travel and per diem expenses for those members of the Union’s bargaining team who are entitled to official time as specified above.

(i) Equipment. Management will provide the Union bargaining team with access to office equipment as may reasonably be needed by the Union team in its negotiations with Management.

(2) Regional Level Bargaining: Except as modified below, the provisions applicable to National Level mid-term bargaining shall apply to Regional Level mid-term bargaining.

(a) Notice of Proposed Change. When bargaining is appropriate at the Regional Level, Regional Management shall serve its notice of a proposed change upon the appropriate Regional Vice President of the Council.

INS/NINSC AGREEMENT 2000 PAGE 20

(b) Demand to Bargain / Information. Within ten (10) workdays after being served with the Region’s notice, the Regional Vice President or designee, may request any additional information necessary to clarify or determine the impact of the proposed change. At the same time the Union shall serve any bargaining demand in writing on the Head of the appropriate Administrative Center Human Resources Office or such other person as may have been identified for such purpose.

(c) Union Proposals. The Union will submit bargaining proposals with its demand to bargain, if the Union has requested additional information from management related to the proposal from management, amendments to the proposals may be made within fifteen (15) workdays of receipt of the information.

(d) Negotiations. If, following any informal discussions, the Parties are unable to reach agreement on the proposed change, they shall commence negotiations on a mutually agreeable date at a site within the Region as provided by Management. Absent mutual agreement on a date for bargaining, such negotiations shall commence on the fifteenth workday following the date the Union’s proposals were first received by Management.

(e) Consistent with Master. Agreements reached pursuant to Regional Level mid-term bargaining may not be inconsistent with the provisions of this Master Labor Agreement.

(f) Delays / Breaks. Once negotiations have commenced the parties recognize the obligation exists to bargain in good faith and will, therefore, avoid unnecessary delays. If a break in negotiations is necessary the parties will agree on a time and date to resume bargaining prior to any recess, wherever practicable.

(g) Travel & Per Diem. The Service will pay the travel and per diem expenses for members of the Union’s bargaining team not to exceed the number on management’s team but not less than two (2), which may include Council Officers as provided for in Article 7, or local officials. Any additional Union team members will have their travel and per diem costs borne by the Union.

Team members for whom the Union is paying travel and per diem will also be on official time.

(3) Local Level Bargaining: Except as modified below, the provisions applicable to National Level mid-term bargaining shall apply to Local Level mid-term bargaining.

(a) Notice of Proposed Change. Local Management shall serve its notice of a proposed change upon the President of the appropriate Local affiliate.

INS/NINSC AGREEMENT 2000 PAGE 21

(b) Demand to Bargain / Information. Within ten (10) workdays after being served with the notice of a proposed change, the Local President or designee may request any additional information necessary to clarify or determine the impact of the proposed change. At the same time they shall serve any bargaining demand in writing upon the District Director or such other person as may have been identified for this purpose.

(c) Union Proposals. The Union will submit bargaining proposals with its demand to bargain, if the Union has requested additional information from management related to the proposal from management, amendments to the proposals may be made within ten (10) workdays of receipt of the information.

(d) Negotiations. If, following any informal discussions, the local Parties are unable to reach agreement on the proposed change, they shall commence negotiations on a mutually agreeable date at a site within the District as provided by Management. Absent mutual agreement on a date for bargaining, negotiations shall commence not later than the tenth workday following the date the Local’s proposals were first received by Management.

(e) Bargaining Team. The local parties shall inform each other of their bargaining team members at least two (2) workdays before the start of any negotiations.

Union bargaining team members equal in number to those on management’s bargaining team, but not less than two (2), will be granted official time for all time spent in bargaining including impasse proceedings.

(f) Travel & Per Diem. Management will pay the necessary travel and per diem expenses for no more than two members of the Union’s bargaining team, which may include Council Officers as provided for in Article 7, or local officials.

(g) Consistent with Master. Agreements reached pursuant to Local Level mid-term bargaining may not be inconsistent with the terms of this Master Labor Agreement.

C. SERVICE OF NOTICES AND DEMANDS. Service of all notices, requests, demands or documents provided for under this Article shall be accomplished either by personal delivery or by U.S. Mail-Return Receipt Requested. Applicable time limits shall begin to run from the date of receipt of the document that triggers the particular time limit. Service will be deemed timely if the required document is either personally delivered or deposited in the U.S. mail within the specified time limit. The parties agree that they will act in good faith in receipting for documents and will not attempt to evade the service of documents upon them.

INS/NINSC AGREEMENT 2000 PAGE 22

D. GOOD FAITH. The duties of the parties to negotiate in good faith under this Article shall include the obligation:

(1) Resolve to Reach Agreement. To approach the negotiations with sincere resolve to reach agreement;

(2) Duly Represented. To be represented by duly authorized representatives prepared to discuss and negotiate on the subjects authorized by this Article;

(3) Reasonable Times. To meet at reasonable times as frequently as may be necessary, and to avoid unnecessary delays.

E. IMPASSES. Impasses in impact and mid-term bargaining negotiations at the local level will be resolved in accord with Article 51 of this contract.

F. POST IMPLEMENTATION BARGAINING. The parties agree that effective management of the Service and its resources is a mutual concern. The parties also agree that on certain occasions there is a need for expedited implementation of new policies or practices affecting conditions of employment. The provisions of this article apply to such situations. It is understood, however, that nothing in this Article precludes the Service and the Union from engaging in post implementation bargaining if mutually agreeable.

G. “COVERED BY THE AGREEMENT”. Mid-term agreements may be negotiated at the level of recognition covering subjects or matters not specifically covered in this agreement. The parties agree that, notwithstanding the Federal Labor Relations Authority’s “covered by the agreement” rule, the Employer is required to provide the Union with notice and an opportunity to negotiate pursuant to this article with regard to…