PWS Appendix III - 2011 National Agreement.pdf

Master Agreement

Between

National Protection and Programs Directorate

(NPPD)

And

American Federation of Government Employees

Local 918

(AFGE)

Agreement 2011 i

Table of Articles

PREAMBLE

ARTICLE 1 - RECOGNITION

ARTICLE 2 – EMPLOYEE RIGHTS

ARTICLE 3 – UNION RIGHTS

ARTICLE 4 - MANAGEMENT RIGHTS

ARTICLE 5 – UNION REPRESENTATIVES

ARTICLE 6 – OFFICIAL TIME

ARTICLE 7 – FACILITIES AND SERVICES

ARTICLE 8 – LABOR-MANAGEMENT CONSULTATIONS

ARTICLE 9 – IMPACT BARGAINING AND MID-TERM BARGAINING

ARTICLE 10 – MERIT PROMOTION

ARTICLE 11 – PROBATIONARY EMPLOYEES

ARTICLE 12 – EMPLOYEE ASSISTANCE PROGRAM

ARTICLE 13 – EQUAL EMPLOYMENT OPPORTUNITY

ARTICLE 14 – PERSONNEL RECORDS

ARTICLE 15 – CLASSIFICATION

ARTICLE 16 – DEVELOPMENT AND TRAINING

ARTICLE 17 – CAREER LADDER PROMOTIONS AND WITHIN GRADE

INCREASES

ARTICLE 18 – QUALITY STEP INCREASE

ARTICLE 19 – RETIREMENT

ARTICLE 20 – REDUCTION-IN-FORCE, TRANSFER OF FUNCTION AND

REORGANIZATION

ARTICLE 21 – CONTRACTING

ARTICLE 22 – SAFETY AND HEALTH

ARTICLE 23 – RESTRICTED DUTY

ARTICLE 24 – INJURY COMPENSATION

ARTICLE 25 – FITNESS FOR DUTY EXAMINATION

ARTICLE 26 – WORK PLACE CONDITIONS

ARTICLE 27 – UNIFORMS, APPEARANCE AND EQUIPMENT

ii

ARTICLE 28 – FIREARMS AND OTHER WEAPONS

ARTICLE 29 – HOURS OF WORK

ARTICLE 30 – TELEWORK

ARTICLE 31 – LEAVE

ARTICLE 32 – OVERTIME - (OTHER THAN UNCONTROLLABLE OVERTIME AND

LEAP)

ARTICLE 33 – DETAILS AND TEMPORARY DUTY STATIONS

ARTICLE 34 – TRAVEL

ARTICLE 35 – COUNSELING FOR PERFORMANCE AND CONDUCT

ARTICLE 36 – PERFORMANCE MANAGEMENT

ARTICLE 37 – ACTIONS BASED UPON UNACCEPTABLE PERFORMANCE

ARTICLE 38 – INVESTIGATIVE INTERVIEWS

ARTICLE 39 – DISCIPLINARY AND ADVERSE ACTIONS

ARTICLE 40 – GRIEVANCE PROCEDURE

ARTICLE 41 – ARBITRATION

ARTICLE 42 – EFFECT OF LAWS, REGULATIONS AND OTHER PROVISIONS

ARTICLE 43 – EFFECTIVE DATE AND DURATION

APPENDIX 1 – DUES WITHHOLDING

APPENDIX 2 - MERIT PROMOTION

PREAMBLE

This Agreement is entered into, by and between the U.S. Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), and American Federation of Government Employees (AFGE), Local 918. Collectively they shall hereafter be referred to as "the Parties."

The Parties enter into this Agreement in the spirit of 5 U.S.C. § 7101, which states:

(a) The Congress finds that -

(1) experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them -

(A) safeguards the public interest;

(B) contributes to the effective conduct of public business; and

(C) facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment; and

(2) the public interest demands the highest standards of employee performance and the continued 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.

Therefore, labor organizations and collective bargaining in the civil service are in the public interest.

(b) It is the purpose of this chapter to prescribe certain rights and obligations of the employees of the Federal Government and to establish procedures which are designed to meet the special requirements and needs of the Government.

The provisions of this chapter should be interpreted in a manner consistent with the requirement of an effective and efficient Government.

Pursuant to these principles, the parties have agreed upon the various articles hereinafter set forth. This Agreement constitutes a Collective Bargaining Agreement between the Agency and the Union.

ARTICLE 1 - RECOGNITION

The National Protection and Programs Directorate (hereafter referred to as the "Agency," “NPPD,” “Federal Protective Service (FPS),” “Inspection and Enforcement Branch (IEB)” or "management” of the DHS recognizes the AFGE (hereafter referred to as the "Union” or “AFGE”) as the exclusive representative of all non-professional employees identified by the Federal Labor Relations Authority in Case No. WA-RP-10-0022 and Case No. WA-RP-10-0081.

The Agency further acknowledges the May 26, 2010, AFGE Delegation of Authority to AFGE Local 918 to deal with the Agency on all matters which are appropriate under Chapter 71 of Title 5, U.S. Code.

ARTICLE 2 – 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.

B. ACCESS TO REGULATIONS. Employees have the right to review regulations and directives concerning personnel policies and practices and matters affecting working conditions.

C. RIGHT TO COMMUNICATE AND TO BE REPRESENTED. Employees are encouraged (but not required) to initiate individual personnel matters with first-line supervisors and to follow the chain command where appropriate. An employee has the right to communicate with the appropriate member of the following offices concerning individual personnel matters:

1. Union Representatives;

2. The Agency EEO Office;

3. The Safety and Health Office;

4. DHS, Office of the Inspector General;

5. Office of Professional Responsibility (or successor);

6. NPPD, FPS, Compliance Investigation Division;

7. The Regional Mission Support or Human Capital Office;

8. Employee Assistance Program (EAP) Office;

9. Ethics Office;

D. PERSONAL USE OF GOVERNMENT OFFICE EQUIPMENT. Bargaining unit members, shall, to the extent permissible by law, regulation, or agency policy, be allowed to use government office equipment, i.e. telephones (desk and cellular), fax machines, computers (desk, portable, hand held), printers, office supplies (paper, pens, staples, etc.) for limited personal purposes that do not conflict with official duties or periods of duty. Agency assigned cellular telephones may be reasonably used for all periods that their carriage is authorized by the Agency.

ARTICLE 3 – UNION RIGHTS

Nothing in this Article shall be construed to limit other union rights found in 5 U.S.C. § Chapter 71.

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.

B. DATA REQUESTS. In accordance with 5 U.S.C. § 7114 and in conformance with the Parties’ obligation to bargain in good faith, the Agency will furnish to the Union or its authorized representatives upon request, and to the extent not prohibited by law, data which:

1. is normally maintained by the Agency in the regular course of business;

2. is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining, and;

3. does not constitute guidance, advice, counsel, or training provided for Management officials or supervisors relating to collective bargaining.

Information necessary for the representation of employees pursuing grievances will be provided subject to the conditions stated above.

Information furnished under the above, will be provided without charge and within a reasonable time. The Agency agrees to acknowledge requests for data from the union in a timely manner, usually within fifteen (15) days of receipt. When the information requested cannot be furnished within thirty (30) days of such receipt, the Agency shall provide a good faith estimate of when the material will be provided.

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

D. FORMAL DISCUSSIONS

1. The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general conditions of employment.

2. 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.

ARTICLE 4 - MANAGEMENT RIGHTS

A. STATUTORY RIGHTS. The Parties acknowledge management's rights in accordance with 5 U.S.C. § 7106:

(a) Subject to subsection (b) of this section, nothing in this Agreement shall affect the authority of any management official of the Agency -

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

(2) in accordance with applicable laws-

(A) to hire, assign, direct, layoff, and retain employees in the Agency or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;

(C) with respect to filling positions, to make selections, for appointments from:

i. among properly ranked and certified candidates for promotion;

or

ii. any other appropriate source; and

(D) to take whatever actions may be necessary to carry out the Agency mission during emergencies.

(b) Nothing in this section shall preclude the Agency and the Union from negotiating:

(1) at the election of the Agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

(2) procedures which management officials of the Agency will observe in exercising any authority under this section; or

(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

ARTICLE 5 – UNION REPRESENTATIVES

A. NO RESTRAINT. Except as provided by law and this Agreement, the Agency shall not impose any 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, and Labor-Management Relations, or upon duly designated union representatives acting on behalf of an employee or group of employees within the bargaining unit.

B. RECOGNITION OF UNION REPRESENTATIVES. The Union has a right to designate officials who are entitled to perform representational duties in accordance with this Agreement and the Statute, and that employees are entitled to file a complaint or act as a witness under this Agreement, the Act, or applicable regulations. The Union will designate an appropriate number of union representatives. The Union will furnish the Agency with a listing of the names and titles of all designated representatives within 30 days of the effective date of this Agreement and, thereafter, within 14 workdays of any change to the list of designated representatives.

C. REPRESENTATIONAL DUTIES. Pursuant to Article 6, Union representatives 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 Agency agrees that there shall be no restraint, interference, coercion, or discrimination against a Union representative because of the performance of these duties. Union representatives shall be relieved from official duties during the period they are serving as Union representatives. This does not preclude employees being called back to their official duties when there is an immediate need for their services. Representational functions may be performed at an alternate work site unless otherwise required by the representational duties performed.

ARTICLE 6 – OFFICIAL TIME

A. OFFICIAL TIME PURPOSE. This Article provides the process for the use of official time and recognizes that the appropriate use of official time benefits both Management and Labor. The purpose of official time is to provide bargaining unit employees time in which to perform Union representational activities during normal working hours, without loss of pay or charge to annual leave.

B. USE OF OFFICIAL TIME.

Authorized Uses. Union representatives 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 Agency officials. Official time for representational functions performed by Union representatives will be authorized for:

1. Representation. Representational duties including but not limited to grievances, arbitrations, discrimination complaints, statutory appeals, investigations, inquiries, fact finding, authorized internal or external government queries, and discipline and adverse actions.

2. Mid-Term Bargaining. Review, respond and negotiate new instructions, manuals, directives, etc, which affect personnel policies, practices or working conditions. Official time used under this subsection will not be counted against official time allocations identified in Paragraph C, but shall be counted for the President.

3. Unfair Labor Practices (ULP). The Union representative shall be authorized time to prepare a ULP charge. Prior to filing a ULP charge with the Federal Labor Relations Authority, Union Representatives may, in an effort to resolve the issue, notify Agency Representatives regarding the complaint.

4. Meetings. For representation of the Union in meetings with the Agency including Labor- Management meetings, partnership meetings, committee meetings and other meetings provided for in this Agreement. Representatives shall be authorized time for preparation prior to each meeting. Official time used for Labor-Management Consultations provided for in Article 8 and impromptu Agency-initiated meetings less than 15 minutes will not be counted against official time allocations identified in Paragraph C, but shall be counted for the President.

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

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

7. 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.

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

9. Treasurer. The Union Treasurer shall be authorized four (4) hours per month to complete reports required by other federal agencies.

10. Other Functions. To perform those functions stated elsewhere in this Agreement for which official time has been expressly provided.

C. OFFICIAL TIME ALLOCATION.

1. Official time for the performance of functions, identified in paragraph B, as well as labor-management partnership activities will be granted during regular duty hours to Union representatives as follows:

a President ………………………………………………… b Executive Vice President………………………………..……1040 c Other union representatives may be authorized reasonable official time deducted from a bank of official time to perform functions outlined in this Agreement. A bank of 1500 hours of official time per fiscal year will be made available to Local 918 for all representational duties.

The Local 918 President (or designee) will be responsible for distribution and allocation of bank hours among union representatives.

2. The President and Executive Vice President may, at their option, delegate portions of their official time allotment to any Union representative. When delegating their official time, the President and Executive Vice President must notify NPPD E&LR Director, their supervisor, and the supervisor of the delegated Union representative.

3. The Union will provide NPPD E&LR a quarterly official time usage report. The report shall show the amount of official time used and the amount of official time delegated by the President, the amount of official time used and the amount of official time delegated by the Executive Vice President, and the amount of official time used out of the bank.

4. One year after the effective date of this CBA, the Parties will meet to assess the administration and allocation of the official time bank.

D. REQUIRED PROCEDURES.

1. Advance Notice. Union representatives will be permitted to leave their assigned work area on official time as authorized under this Agreement after reporting to their immediate supervisor or appropriate management official and identifying the purpose of their activity. The representative will be released unless a union representative's presence is necessary to meet mission requirements. If the representative cannot be released at the time requested, the representative and the supervisor will arrive at a mutually agreeable time for departure, normally within 24 hours of the time originally requested. The Union representative will be given time to inform any bargaining unit employees involved in the delay. If management is unable to approve a request for Official Time, the reason for denial will be provided in writing. Not withstanding the provisions of this section the union representative may be recalled to duty if necessary.

2. Union representatives will record their official time using WebTA (or successor system).

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

E. RESTRICTION ON OFFICIAL TIME. This does not authorize official time during normal duty hours for the following activities:

3. Internal Union Business. Conduct of internal Union business for which Union representatives shall charge their time to annual leave or leave without pay.

4. 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).

F. TRAVEL TIME. A Union official will be granted reasonable and necessary travel time for the purpose of traveling to assist in representing a grievant, or for any other meetings scheduled by management.

G. OTHER MEETINGS WITH MANAGEMENT. Any other meeting scheduled by Agency 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 the Agency’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.

H. OFFICIAL TIME FOR TRAINING. The Agency agrees that official time may be authorized for Union representatives to attend training approved by Management which is designed to advise representatives on matters within the scope of CSRA, which are of mutual concern to the Agency and the Union. The Agency agrees to a bank of 600 hours per fiscal year for Union representatives to attend labor relations training or other training related to employees' conditions of employment.

Training under this section will generally cover such areas as contract administration, handling of statutory actions such as grievances, appeals, FLRA and other third party processes and information related to Federal personnel/labor relations laws, regulations, and procedures. All requests for official time for training under this paragraph must be accompanied by a course curriculum or description of the training. Official time granted under this section is in addition to designated official time in Paragraph C, but shall be counted for the President. The Agency will fund the training and travel costs for Union representatives to attend joint training courses, as mutually agreed by the Union President and the NPPD E&LR Director.

I. ARBITRATION TRAVEL AND PER DIEM. The Agency will pay travel and per diem expenses for Union representatives when they act as representatives in arbitration cases involving suspensions greater than 7 days and adverse actions. Travel and per diem expenses will be limited to the cost that would have been incurred had the respective Regional Vice-President traveled within the Region of the represented employee.

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 may from time to time designate other employees to represent its interests and to participate in activities including 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 Agency. The Union shall make every reasonable effort to rely on employees who are locally available for participation in such activities.

ARTICLE 7 – FACILITIES AND SERVICES

A. PURPOSE. The purpose of this Article is to provide those facilities and services that are necessary and reasonable for the Union to carry out its legitimate activities as the exclusive representative of the NPPD bargaining unit. The Parties recognize that providing such facilities and services furthers their joint interest in promoting effective labor-management relations.

B. UNION ACCESS TO AGENCY FACILITIES.

1. AFGE Local 918 representatives shall be permitted upon all Agency facilities and worksites. When visiting a location other than their assigned area of responsibility, Union representatives shall notify Agency officials of the date and time of the visit sufficiently in advance, but no less than 24 hours. If the Agency cannot accommodate the visit for valid operational reasons the Agency will make alternative arrangements for the union representative. Union representatives shall not interfere with the work of employees during duty hours. Subject to the above requirements, AFGE national representatives shall be permitted to participate in meetings between Local representatives and the Agency.

2. Meeting Space. Upon reasonable advance request by the Union, the Agency shall provide meeting space, if available, in areas occupied by the Agency. The Union will comply with all security, safety and housekeeping rules in effect at that time and place.

a. During normal duty hours, confidential meeting space, if available, will be provided for representational duties (e.g. grievances, appeals, caucusing, and agreement administration).

b. During non-duty hours, space, if available, will be provided for internal union business (e.g. elections, solicitation of membership, and collection of dues). These activities will be conducted during break, lunch periods and non-duty hours and shall not interfere with the mission of the Agency.

C. BULLETIN BOARDS

1. Exclusive Use. The Agency will continue to provide bulletin boards where they currently exist. Whenever Agency facilities are redesigned, renovated or when a new facility is planned the Agency will consult with Local 918 on a predecisional basis regarding the provision of adequate bulletin board space.

2. Restrictions. Material which does not violate any law, contain libelous material or personal attacks may be posted on Union bulletin boards.

3. The Agency will provide a link on the Agency intranet site to the official website of the Union (www.afgelocal918.org).

D. ACCESS TO EMPLOYEES.

1. AFGE Local 918 Union representatives shall have reasonable access to unit employees during duty hours as necessary to carry out collective bargaining or representation duties required by the FSLMRA (Statute), this Agreement or urgent circumstances. Work sites include offices, and field locations to include sites of special details and training institutions.

2. Agency Directories. The Agency shall provide the Union, at the National and Regional level, the appropriate Agency telephone directories and updates as printed or may be electronically available.

3. Bargaining Unit List. Upon request, but no more than semi-annually, the Agency will furnish to the Union, for its internal use only, an electronic spreadsheet which will contain the names, grades, position title and posts of duty of all employees in the bargaining unit. An electronic spreadsheet which contains new hires, promotions and separations will be provided on a monthly basis. 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 Agency to unilaterally deny bargaining unit status to any employee, or to confer it.

4. Employee Orientation. Each new employee, including transfers, as part of his or her orientation, will be given a presentation not to exceed thirty (30) minutes by a union representative. The presentation may cover labor law, provisions of this collective bargaining agreement, other agreements and Union representational activities. The Union representative will be invited to attend and will be on official time. No recruiting or other internal Union business may be conducted during the orientation. The Agency shall advise new unit employees or employees transferring between stations, upon entering on duty, of the name of the Union Regional Vice-President and their contact information in writing.

E. CONTRACT AVAILABILITY.

1. The Agreement will be posted in searchable portable document format (pdf) on both the Union and the Agency Web sites. No later than 30 days after the effective date of this Agreement, the Agency will send an email to all bargaining unit employees containing an active link to a pdf version of this Agreement. New employees will be informed of the link during orientation.

2. Printing. The Agency agrees to locally print and provide to the Union 15 copies of this Agreement, legibly printed, in booklet format using 8 ½” by 11” paper, with a blue durable stock cover including bold letters "Agreement 2011." At the conclusion of negotiations, the Agency will prepare a final document containing all agreed-upon articles to include a Table of Contents and Index and will provide the Union with the opportunity to review and approve the final agreement before it is presented for signature.

F. OFFICE SPACE & EQUIPMENT. The Parties agree that providing Local Union office space and access to government equipment is in the best interest of the Parties and of their partnership endeavors. The Agency will provide office space on a permanent basis and standard government office equipment as follows:

1. One private office to the Union President at his duty station and one in the Washington, DC metro area.

2. Continue to provide Union office space where it currently exists.

3. Where National Officers and Regional Vice Presidents are not currently provided dedicated private office space at their duty location, the Union, in coordination with NPPD E&LR, may identify available space within existing inventory. The Agency shall confirm the availability of office space and explore the feasibility of providing dedicated office space to these National Officers and Regional Vice Presidents. Whenever Agency facilities are redesigned, renovated or when a new facility is planned in locations where National Officers and Regional Vice Presidents have not been provided office space at their duty location, the Agency will consult with Local 918 on a pre-decisional basis regarding the provision of adequate union office space. Regardless of the availability of dedicated office space, union representatives will be provided confidential meeting space as provided in Paragraph B(2).

G. ELECTRONIC MAIL. The Agency will provide Internet access to the Union for representational purposes, consistent with the Agency's IT policies at both work stations and authorized Union office spaces provided by the Agency. The Union representatives who are Agency employees may use the Agency e-mail system to communicate with employees and Agency officials. Upon request, the Agency will assist the Union in developing bargaining unit email groups at national and regional levels. The Parties agree that internal union business is prohibited when using government-provided access to the Internet and the Agency e-mail system. The Parties should be mindful of the fact that electronic mail messages on the Agency e-mail system are generally considered government records which may be accessed in accordance with applicable law and policies whenever a legitimate governmental purpose exists for doing so. Correspondence submitted through the e-mail system satisfies the official notice requirements under this Agreement.

H. COPY MACHINES. Union representatives will be allowed to use Agency copy machines for representational purposes.

I. FAX MACHINES. Union representatives will be provided Agency fax machines and corresponding phone lines at each Union office. Union representatives, who do not have a Union office at their location, will be given access to Agency fax machines.

ARTICLE 8 – LABOR-MANAGEMENT CONSULTATIONS

A. PURPOSE AND SCOPE

1. The Parties recognize the importance of working closely together for the purpose of promoting and improving a cooperative relationship by developing meaningful solutions to workplace issues. The national and regional consultation is an opportunity for the Union to review, discuss, consider, and make recommendations to the Agency on matters relating to or affecting working conditions, employee morale, and efficiency of the Agency's operations. Therefore, the Agency shall provide the Union with briefings and the opportunity to ask questions about matters of interest and concern at the national and regional levels.

2. The consultations identified in this Article may constitute pre-decisional involvement identified in Article 9.

3. Separate from the consultations identified in this Article, the Union and Agency will continue to participate in the Labor-Management Forums in accordance with Executive Order 13522 and DHS initiatives until such time as those authorities may be rescinded.

B. NATIONAL CONSULTATIONS.

1. Representatives of the Agency and the Union shall meet at the national level semi -annually or at such other times as may be mutually agreed. These meetings shall be conducted in Washington, D.C. The purpose of these meetings shall be to provide information to Union representatives and to permit Union representatives an opportunity to ask questions about matters of concern. An agenda covering the items to be discussed must be forwarded, in writing, to the NPPD E&LR Director at least 30 calendar days prior to the scheduled meeting. Up to two (2) additional relevant agenda items may be submitted up to fourteen (14) days before the meeting.

2. Union representatives, not to exceed 3, will be in official time status while attending such meetings. The cost of travel, including per diem, will be borne by the Agency. These national consultations shall not exceed two (2) days in length, with travel being accomplished on official time. Any additional representatives the Union feels are required (not to exceed two (2)) for the meetings may attend on official time at Union expense.

C. REGIONAL CONSULTATIONS. Regional Agency officials and Union representatives will continue to meet quarterly or at such other times as may be mutually agreed and the representatives will be in official status while attending such meetings. Union officials attending such meetings will be on official time to include travel time. The cost of travel and per diem shall be paid by the Agency. If National Union Officers are requested to attend by the Agency, official time and the cost of travel and per diem for one official will be borne by the Agency. Agenda’s will be submitted by both Parties at least 15 days prior to the meetings. Meeting dates and times will be mutually agreed upon. Additional agenda items may be submitted on the first (1st) day of the meetings. The Union and the Agency will meet in like numbers.

D. JOINT AGREEMENT TRAINING. The Parties will jointly provide Agreement training for each region and Agency office. The Agency will pay the cost of the Agreement joint training. Any training material for the training will be prepared jointly. Training will be done jointly; however, this does not preclude additional or independent training by each party nor does it prohibit either party from developing training material for its own training programs.

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 either party to propose changes to Agency personnel policies, practices, and/or working conditions not covered by this Agreement. The Agency will, to the extent practicable, engage in pre-decisional involvement regarding changes in personal protective equipment (PPE) affecting officer safety. The Parties are encouraged to engage in pre-decisional involvement prior to the Agency’s formal presentation of proposals for all other changes in working conditions under this Article. Pre-decisional involvement may include the Union’s continued participation in the Agency Policy Review Committee, Agency/Union Working Groups and direct discussion with Union representatives.

1. Notice of Proposed Change. If the Parties are unable to reach an agreement through pre-decisional involvement or if pre-decisional involvement is not used, the Proposing Party shall serve its notice of the proposed change upon the Receiving Party at least 30 calendar days in advance of the proposed implementation date. The written notice of the proposed change shall include a brief description of the change and the proposed implementation date. All notices provided for under this Article shall be served upon the Union President or NPPD L&ER Director or their designee.

2. Demand to Bargain. If the Receiving Party desires to negotiate the change, it must submit a request to bargain within 14 (fourteen) calendar days after the notice of the proposed change is served. The demand to bargain must include a request for a briefing and an information request if a briefing or additional information is desired. If the Union submits an information request, the Agency agrees to provide the Union with requested data as required by 5 U.S.C. 7114(b)(4). If the Agency submits an information request, the Union agrees to provide the Agency with information that is relevant and necessary for the Agency to understand the Union’s proposed change.

3. Proposals. The Receiving Party must submit written bargaining proposals within 14 (fourteen) calendar days after its demand to bargain, receiving a briefing, or receiving additional information, whichever is later. The Receiving Party’s written bargaining proposals shall designate the Chief Spokesperson.

4. Negotiations. If, after following the steps outlined in A (1), (2) and (3) above, 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 and site for bargaining, such negotiations shall commence at NPPD Headquarters at 9:00 a.m. on the fifteenth (15th) workday following the date the Proposing party received the Receiving Party’s proposals. 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.

B. TIME LIMITS. All time limits stated above may be extended by mutual consent of the parties involved. Failure to make a timely demand to bargain, timely provide written proposals, or timely meet for negotiations shall be deemed to constitute acceptance of the changes by the Receiving Party and the Proposing Party may proceed to implement the proposed change.

C. GOOD FAITH. In accordance with 5 U.S.C. § 7114(b)(1-3) any Mid-Term, Impact, Post Implementation or other Agreements negotiated under the provisions of this Article shall be conducted and negotiated in good faith and shall include the obligation:

1. To approach the negotiations with sincere resolve to reach agreement

2. To be represented by duly authorized representatives prepared to discuss and negotiate on the subjects authorized by this Article

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

D. POST-IMPLEMENTATION BARGAINING. The Parties agree that effective management of the Agency and its resources is a mutual concern. The Parties also agree that on certain limited occasions, there may be 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 Agency and the Union from engaging in post implementation bargaining if mutually agreeable.

E. GROUND RULES FOR MID-TERM, IMPACT, POST IMPLEMENTATION OR OTHER

TYPE OF BARGAINING. The following ground rules apply to all bargaining entered into as a result of changes initiated by either Party and any corresponding obligation to bargain over such changes under 5 U.S.C. Chapter 71. These ground rules are intended to supplement the procedure set forth in this Agreement, and may only be changed by mutual consent.

1. Arrangements. Subject to Section A(4) of this Article, negotiations will be held in a suitable meeting room provided by the Agency. In the event either Party desires to caucus, the Agency will caucus in a different room and will leave the negotiating room to accommodate caucuses by the Union. Upon request, the Agency will provide the Union negotiating team with customary and routine office equipment, supplies, and services, including but not limited to computer(s) with Internet access, telephone(s), desks or tables and chairs, office supplies, and access to at least one printer and one photocopier.

2. Subject to SectionA(4) of this Article, the starting date and the daily schedule for negotiations will be established by the Chief Negotiators.

3. During negotiations, the Chief Negotiator for each Party will signify agreement on each section by initialing the agreed-upon section. The Chief Negotiator for each Party will retain his/her copies and will initial the other Party's copy. This will not preclude the Parties from reconsidering or revising any agreed-upon section by mutual consent.

4. It is agreed that either team may request a caucus. There is no limit on the number of caucuses which may be held, but either Party shall not caucus more than 4 hours on any given day of negotiations.

5. Each Party shall be represented at the negotiations at all times by one duly authorized Chief Negotiator/Chief Spokesperson who is prepared and authorized to reach agreement on all matters subject to negotiations and to sign off on agreements for their respective Party.

6. The Union will be authorized the same number of Union representatives, but not less than two (2), on official time as the Agency has representatives at the negotiations table. The designated Union negotiators will be on official time in accordance with Article 6.B.2.

for all time spent during the actual negotiations, including attendance at impasse proceedings, and for other related duties during negotiations, such as preparation time and time spent developing and drafting proposals.

7. If any proposal is claimed to be nonnegotiable by either Party and subsequently determined to be negotiable, or the declaring Party withdraws its allegations of non-negotiability, the proposal will, upon request, be reopened within a reasonable period of time. Such request must be made within 15 calendar days from when the proposal is declared to be negotiable or the claim that the proposal is nonnegotiable is withdrawn.

Nothing in this section will preclude the right to appeal to the FLRA.

8. This procedure does not preclude the Parties from revising any proposals to overcome questions of scope of bargaining or duty to bargain during the period of negotiations.

9. All time frames in these ground rules may be modified by mutual consent.

10. The Agency will pay travel and per diem expenses for Union negotiators for Agency initiated changes.

11. Absent mutual agreement, the alternate work schedules and flexiplace schedules of the Parties’ representatives will be converted to regular tours of duty (i.e., Monday through Friday) and work hours adjusted according to the agreed upon hours of negotiations.

12. No official transcript or electronic recordings will be made during the negotiations;

however, each Party may designate a note taker to keep notes and records during the sessions.

13. Observers shall be permitted in negotiating sessions only by the mutual consent of the Parties.

14. During any bargaining, when either Party has determined that an impasse has been reached, the item shall be set aside. After all negotiable items on which agreement can be reached have been disposed of, the Parties shall once more attempt to resolve any existing impasse items.

15. If such consideration does not resolve impasse, the assistance of the Federal Mediation and Conciliation Service may be requested by either party.

16. The Agreement shall not be completed and finalized until all proposals have been disposed of by mutual consent. Negotiation disputes, including questions of negotiability and resolution of impasses, will be processed in a manner compliant with 5 U.S.C.

Chapter 71 and implementing regulations. This will not serve as a bar to the Parties concluding by mutual consent a general agreement on those items which have been or remain to be negotiated.

ARTICLE 10 – MERIT PROMOTION

The subject of merit promotion will be addressed in subsequent bargaining. Any agreement reached by the Parties shall be incorporated into this Agreement as an Appendix.

ARTICLE 11 – PROBATIONARY EMPLOYEES

A. PERFORMANCE STANDARDS AND REVIEW. Within 30 days of entry on duty, probationary employees will be advised of the Performance Work Plan, Code of Professional Responsibility, Table of Penalties and applicable regulations governing probationary employees. The supervisor will explain the requirements of each probationer’s position and answer any questions the employee may have. Subject to applicable regulations, management retains discretion to retain or terminate probationary employees.

B. NON-RETENTION AND NOTICE. Although termination of a probationary or a temporary employee is not an adverse action, the Agency agrees that when it deems advance notice of termination to be in the best interests of the operations of the Agency, the affected employee will be given two (2) weeks advance notice prior to the effective date of such action. Prior federal service may qualify toward the probationary period to the extent consistent with applicable law and regulation.

ARTICLE 12 – EMPLOYEE ASSISTANCE PROGRAM

A. ASSIST EMPLOYEES. Under the Employee Assistance Program (EAP) the Agency agrees to continue efforts to identify, counsel and assist in rehabilitating employees with alcohol, drug related, or personal problems which may adversely affect job performance. The union agrees to cooperate fully with the Agency in this program, while complying with the provisions for confidentiality in safeguarding client information.

B. REHABILITATION. The Agency recognizes its responsibility to identify and make reasonable effort at rehabilitation of employees with alcohol or drug problems at an early stage. Employees undergoing a prescribed program of treatment will be granted sick leave for this purpose on the same basis as any other illness which requires absence from work.

C. DISCIPLINE. The Agency and the Union jointly agree that employees entering the EAP are not immune from disciplinary action. However, the fact that an employee is actively pursuing, or indicates a commitment to enter, an established program of rehabilitation will be given weight in considering appropriate disciplinary action.

D. CHILD CARE / ELDER CARE. The Agency will continue to provide and or support various activities in order to meet the ongoing child and elder care needs of employees.

These may include, but are not limited to, such things as child/elder care and parenting information, child/elder care resource and referral information, workshops, and counseling as available through the Employees Assistance Program.

ARTICLE 13 – EQUAL EMPLOYMENT OPPORTUNITY

A. STATEMENT OF POLICY. The Agency will provide equal opportunity in employment for all qualified persons and will prohibit discrimination in employment because of race, color, religion, sex, national origin, age, reprisal for prior protected EEO activity, disability, status as a parent, genetic information, and sexual orientation, except where required by statute or pursuant to bona fide occupational qualifications. The Agency will also provide religious and disability accommodations in accordance with the law and the Agency's reasonable accommodation procedures.

B. EEO RESPONSIBILITIES.

1. Managers And Supervisors. With respect to conduct between officials, supervisors, managers and employees, Agency officials, supervisors and managers have a responsibility to maintain a discrimination-free environment to the extent required by law.

2. Fellow Employees. With respect to conduct between fellow employees, employees have a responsibility to maintain a discrimination-free environment to the extent required by law.

3. Sexual Harassment.

(a) The Agency agrees to provide all bargaining unit employees a work atmosphere free from sexual harassment.

(b) In accordance with Agency policy, any employee who believes he or she has been the victim of sexual harassment or has knowledge of sexual harassment must promptly report it to the Joint Intake Center (or successor).

(c) Where an allegation of sexual harassment is brought to the attention of the Agency, the Agency will take appropriate action.

4. Annual Training. The Agency will provide and all employees must comply with annual EEO training requirements, including sexual harassment.

C. DISCRIMINATION CLAIM AVENUES.

1. Claims. Any employee who believes that he or she has been discriminated against on the grounds set forth in this Article, may file any one of the following:

(a) Grievance. A grievance pursuant to the provisions of the Grievance Procedures Article of this Agreement,

(b) EEO Complaint. A complaint of discrimination with the Agency’s EEO Office; or

(c) MSPB. An appeal to the Merit Systems Protection Board (MSPB) where an action is otherwise appealable to the Board and the employee alleges that the basis for the action was discrimination prohibited by race, color, religion, sex, national origin, age, reprisal or disability.

2. Elected Procedure. An employee shall be deemed to have exercised his or her option under this section at such time as the employee timely files either a formal complaint of discrimination, an MSPB appeal, or a grievance in writing in accordance with the provisions of this Agreement.

3. Grievance Appeal. The selection of the negotiated grievance procedure contained in this Agreement to process a complaint of discrimination shall in no manner prejudice the right of an aggrieved employee to request the Merit Systems Protection Board to review the final decision in the case of any personnel action that could have been appealed to the Board, or, where applicable, to request the Equal Employment Opportunity Commission to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the Commission. Appeals to the Merit Systems Protection Board or the Equal Employment Opportunity Commission shall be filed pursuant to such regulations as the Board or the Commission may prescribe.

D. USE OF EEO COUNSELORS.

1. EEO Contact Information. The Agency shall make available contact information for employees to contact an EEO Counselor.

2. Consultation. Employees are encouraged but not required to consult with an EEO Counselor prior to filing a grievance under this Article. Such consultation shall take place within forty-five (45) days of the alleged discriminatory incident.

3. EEO Counselor Duties. The EEO Counselor shall:

(a)…