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TABLE OF CONTENTS
Article Subject Page
Preamble ................................................................................................... 1
Article 1 Recognition and Unit Designation Recognition .................................... 3
Article 2 Negotiated Agreement: Training and Publication ............................... 4
Article 3 Employee Rights....................................................................................... 6
Article 4 Union Rights and Representation........................................................... 8
Article 5 Management Rights and Responsibilities ............................................ 10
Article 6 Mutual Responsibilities ......................................................................... 12
Article 7 Employee Orientation ............................................................................ 13
Article 8 Position Descriptions and Classification .............................................. 14
Article 9 Employee Performance Plan Review ................................................... 18
Article 10 Employee Training and Development .................................................. 26
Article 11 Temporary Employees........................................................................... 30
Article 12 Fire Personnel......................................................................................... 31
Article 13 Employee Review of Personnel Folder ................................................. 35
Article 14 Hours of Duty ......................................................................................... 36
Article 15 Flexible Workplace (Flexiplace) ........................................................... 45
Article 16 Leave ....................................................................................................... 46
Article 17 Pay and Travel ....................................................................................... 56
Article 18 Awards Program .................................................................................... 60
Article 19 Professional Recognition ....................................................................... 62
Article 20 Merit Promotion, Filling of Vacancies and Details to Bargaining Unit
Positions .................................................................................................. 64
Article 21 Occupational Safety and Health ........................................................... 70
Article 22 Staffing for Special Events .................................................................... 76
Article 23 Quality of Work Life Committee.......................................................... 77
Article 24 Positive Work Environment.................................................................. 79
Article 25 Employee Space and Quarters .............................................................. 80
Article 26 Designated Smoking Areas.................................................................... 84
Article 27 Hardship Reassignments ....................................................................... 85
Article 28 Motor Vehicles ....................................................................................... 86
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Article Subject Page
Article 29 Uniforms ................................................................................................. 90
Article 30 Contracting Out of Work ...................................................................... 97
Article 31 Board of Survey/Property Management .............................................. 98
Article 32 Investigations ........................................................................................ 101
Article 33 Drug Testing ......................................................................................... 102
Article 34 Reorganizations/Reassignment and Demotions ................................ 104
Article 35 Reduction in Force/Furlough .............................................................. 106
Article 36 Discipline and Adverse Actions .......................................................... 112
Article 37 Grievance Procedures .......................................................................... 118
Article 38 Arbitration ............................................................................................ 129
Article 39 Equal Employment Opportunity (EEO) ............................................ 134
Article 40 Use of Official Time/Union Representation ....................................... 136
Article 41 Employer Provided Union Facilities/Equipment/Services ............... 142
Article 42 Voluntary Allotments .......................................................................... 146
Article 43 Negotiations .......................................................................................... 148
Article 44 Duration of Agreement ........................................................................ 152
Article 45 Employee Disability Compensation ................................................... 153
Article 46 Union-Employer Contact/Communications ...................................... 156
Article 47 Law Enforcement ................................................................................. 158
GLOSSARY........................................................................................................ 163-168
APPENDIX
A Standard Grievance Record......................................................... 169-171
B Standard Grievance Extension Request Form .................................. 173
C Official Time Request/Notification Record ....................................... 175
D Employee Request for Position Description Review ......................... 177
E Record of Counseling/Instruction ...................................................... 179
F Douglas Factors .................................................................................... 181
G Warning and Assurance to Employee to Provide Information ....... 183
H Office of Worker’s Compensation Form No. & Title ....................... 185
I TITLE 5 USC Ch. 55 (Back Pay Act) ......................................... 187-188
J TITLE 5 USC Ch. 71 (Labor Statute-Abridged) ....................... 189-203
K Weingarten Right ................................................................................. 205
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INDEX BY SECTION
Article Subject Page
Preamble ........................................................................................................................ 1
Article 1 Recognition and Unit Designation Recognition .................................... 3
Article 2 Negotiated Agreement: Training and Publication ............................... 4
2.1 Training on the Contract ................................................................ 4
2.2 Publication and Copies of this Agreement.................................. 4-5
2.3 Union Distribution of MLA ........................................................... 5
Article 3 Employee Rights....................................................................................... 6
3.1 Participation in the Union .............................................................. 6
3.2 The Right to Union Representation ............................................ 6-7
3.3 Other Representation Rights .......................................................... 7
3.4 Personal Concerns .......................................................................... 7
3.5 Outside Activities........................................................................... 7
3.6 Conformance to Law...................................................................... 7
Article 4 Union Rights and Representation........................................................... 8
4.1 Exclusive Recognition ................................................................... 8
4.2 Representation................................................................................ 8
4.3 Formal Discussions ........................................................................ 8
4.4 Membership Drives ..................................................................... 8-9
4.5 Restraint ......................................................................................... 9
4.6 List of Employees .......................................................................... 9
4.7 Employee Meetings ....................................................................... 9
Article 5 Management Rights and Responsibilities ............................................ 10
5.1 Conformance to Law.................................................................... 10
5.2 Retained Management Rights ...................................................... 10
5.3 Additional Obligations and Rights of Management ............... 10-11
Article 6 Mutual Responsibilities ......................................................................... 12
6.1 General ......................................................................................... 12
Article 7 Employee Orientation ............................................................................ 13
7.1 General ......................................................................................... 13
7.2 Orientation Package ..................................................................... 13
7.3 Employee Orientation .................................................................. 13
7.4 Bargaining Unit Employee List ................................................... 13
Article 8 Position Descriptions and Classification .............................................. 14
8.1 Policy ........................................................................................... 14
8.2 Content and Accuracy of Position Description ............................ 14
8.3 Changes in Duty Assignments ..................................................... 15
8.4 Review of New or Proposed Changes to Position
Descriptions ............................................................................ 15-16
8.5 Classification Audits and Appeals ............................................... 16
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Article Subject Page
8.6 Back Pay ...................................................................................... 17
8.7 Reorganization/Position Descriptions .......................................... 17
8.8 Complaints over Position Descriptions or Addendums ............... 17
Article 9 Employee Performance Plan Review ................................................... 18
9.1 General ......................................................................................... 18
9.2 Establishing Performance Elements ....................................... 18-20
9.3 Evaluation Factors .................................................................. 20-21
9.4 Application of Performance Management System ...................... 21
9.5 Performance Reviews .................................................................. 21
9.6 Performance Ratings ............................................................... 21-23
9.7 Unacceptable Performance ..................................................... 23-25
9.8 Documentation ............................................................................. 25
9.9 Grievability .................................................................................. 25
Article 10 Employee Training and Development .................................................. 26
10.1 General ......................................................................................... 26
10.2 Individual Development Plan ...................................................... 26
10.3 Training ................................................................................... 26-27
10.4 On the Job Instruction .................................................................. 27
10.5 Records ........................................................................................ 27
10.6 Work Schedule Adjustments........................................................ 27
10.7 Job-Related Education Courses ................................................... 28
10.8 Use of Equipment ........................................................................ 28
10.9 Career Development .................................................................... 29
Article 11 Temporary Employees........................................................................... 30
11.1 Rehire Eligibility .......................................................................... 30
11.2 Misconduct/Poor Performance..................................................... 30
11.3 Employment Orientation for Temporary Employees .................. 30
11.4 Temporary Employee Grievance Rights ...................................... 30
Article 12 Fire Personnel......................................................................................... 31
12.1 Tours of Duty ............................................................................... 31
12.2 Representation.............................................................................. 31
12.3 Grievances.................................................................................... 32
12.4 Assignments ................................................................................. 32
12.5 Rental Quarters ............................................................................ 32
12.6 Hazard Pay ................................................................................... 32
12.7 Necessary Errands ........................................................................ 33
12.8 Qualifications and Testing ........................................................... 33
12.9 Training Program and Guidance .................................................. 33
12.10 Job Hiring Fairs............................................................................ 33
12.11 Fire Fighter Details, Temporary Reassignments and Position
Descriptions ................................................................................. 34
12.12 Safety Equipment ......................................................................... 34
12.13 Nutritional Supplements .............................................................. 34
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Article Subject Page
Article 13 Employee Review of Personnel Folder ................................................. 35
13.1 General ......................................................................................... 35
13.2 Access to Files ............................................................................. 35
13.3 Removal of Documents................................................................ 35
Article 14 Hours of Duty ......................................................................................... 36
14.1 Established Administrative Work Schedules (5 CFR 610.121) .. 36
14.2 Alternate Work Schedules (5 USC 6120-6128) ...................... 36-39
14.3 First Forty Schedules ................................................................... 40
14.4 Credit Hours – Compensatory Time – Overtime .................... 40-42
14.5 Administratively Uncontrolled Overtime (AUO) ........................ 43
14.6 Uncommon Tour of Duty (5 CFR 610.131(b)(2)) ....................... 43
14.7 Rest Breaks .................................................................................. 43
14.8 Meal Periods ........................................................................... 43-44
14.9 Changes in Work Schedules ........................................................ 44
Article 15 Flexible Workplace (Flexiplace) ........................................................... 45
15.1 General ......................................................................................... 45
Article 16 Leave ..................................................................................................... 46
16.1 Annual Leave General ................................................................. 46
16.2 Scheduling/Canceling/Denial of Annual Leave ...................... 46-47
16.3 Conflicts over Scheduling Annual Leave .................................... 47
16.4 Changes to Annual Leave Schedules ........................................... 48
16.5 Call-in Procedure for Requesting Unscheduled Annual Leave ... 48
16.6 Accrual/Availability of Annual Leave ......................................... 48
16.7 Leave for Death of Immediate or Non-Family Member .............. 49
16.8 Leave for Religious Holiday ........................................................ 49
16.9 Leave for Internal Union Functions ............................................. 49
16.10 Sick Leave ............................................................................... 49-50
16.11 Documentation for Sick Leave of More than 3 Days .................. 50
16.12 Identification and Correction of Sick Leave Abuse ................ 50-51
16.13 Advance Sick Leave for Serious Disability or Illness ................. 52
16.14 Maternity and Paternity Absence ................................................. 52
16.15 Family and Medical Leave Act and Family Friendly Leave
Act ........................................................................................... 52-53
16.16 Administrative Leave for Excused Absence ........................... 53-54
16.17 Leave Without Pay (LWOP) ........................................................ 54
16.18 Court Leave .................................................................................. 54
16.19 Leave Sharing .............................................................................. 55
16.20 Other Leave Categories................................................................ 55
Article 17 Pay and Travel ....................................................................................... 56
17.1 Reports, Hot Line, Paychecks and Back Pay ............................... 56
17.2 Procedures and Policy ............................................................. 56-57
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17.3 Compensation for Travel Expenses ............................................. 57
17.4 Travel Charge Card Use by the Employee ............................. 57-58
17.5 Travel Charge Card Use by the Union .................................... 58-59
Article 18 Awards Program .................................................................................... 60
18.1 General ......................................................................................... 60
18.2 Suggestion Programs ................................................................... 60
18.3 Presentation .................................................................................. 60
18.4 Program Review........................................................................... 60
18.5 Program Guideline Procedures .................................................... 61
18.6 Awards and Recognition Presentation ......................................... 61
Article 19 Professional Recognition ....................................................................... 62
19.1 Publications and Author Credits .................................................. 62
19.2 Photographic and Graphic Credit ................................................. 62
19.3 Authorship.................................................................................... 62
19.4 Editing .......................................................................................... 63
19.5 Presentation of Technical and Scientific Papers .......................... 63
19.6 Professional and Technical Societies ........................................... 63
Article 20 Merit Promotion, Filling of Vacancies and Details to Bargaining Unit
Positions .................................................................................................. 64
20.1 General ......................................................................................... 64
20.2 Vacancy Announcements and Detail Interest Solicitations ......... 64
20.3 Career Opportunities .................................................................... 64
20.4 Information .................................................................................. 65
20.5 Merit Procedures ..................................................................... 65-66
20.6 Non-Competitive Promotion ................................................... 66-67
20.7 Details and Temporary Assignments ...................................... 67-69
20.8 Voluntary Reassignment .............................................................. 69
Article 21 Occupational Safety and Health ........................................................... 70
21.1 General ......................................................................................... 70
21.2 Advisory Safety and Health Committees (ASH) .................... 70-72
21.3 Training ........................................................................................ 72
21.4 Scope ............................................................................................ 72
21.5 Meetings ....................................................................................... 73
21.6 Building Security ......................................................................... 73
21.7 Construction ................................................................................. 73
21.8 Interpreters ................................................................................... 73
21.9 Safety and Health Inspections ...................................................... 73
21.10 Unsafe Conditions ................................................................... 73-74
21.11 On the Job Injury and Illness ....................................................... 75
21.12 Protective Equipment ................................................................... 75
21.13 Transport of Disabled Employee ................................................. 75
21.14 Vehicle Radios ............................................................................. 75
21.15 Risk Assessments ......................................................................... 75
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Article 22 Staffing for Special Events .................................................................... 76
22.1 Special Events .............................................................................. 76
22.2 Planning and Staffing ................................................................... 76
22.3 Special Event Information ........................................................... 76
Article 23 Quality of Work Life Committee.......................................................... 77
23.1 General ......................................................................................... 77
23.2 Scope ............................................................................................ 77
23.3 Meeting Agenda ........................................................................... 77
23.4 Official Time ................................................................................ 77
23.5 Negotiations Authority................................................................. 78
23.6 Announcement of Quality of Work Life Committee ................... 78
Article 24 Positive Work Environment.................................................................. 79
24.1 General ......................................................................................... 79
24.2 Employer – Union Commitment .................................................. 79
24.3 Employer Responsibility .............................................................. 79
Article 25 Employee Space and Quarters .............................................................. 80
25.1 Work Space .................................................................................. 80
25.2 Conference Space......................................................................... 80
25.3 New Facilities and Leases ............................................................ 80
25.4 Rental Quarters ....................................................................... 80-83
Article 26 Designated Smoking Areas.................................................................... 84
26.1 Smoking Area .............................................................................. 84
Article 27 Hardship Reassignments ....................................................................... 85
27.1 Hardship Request ......................................................................... 85
27.2 Response ...................................................................................... 85
27.3 Grievance ..................................................................................... 85
Article 28 Motor Vehicles ....................................................................................... 86
28.1 General ......................................................................................... 86
28.2 Operator Qualifications ................................................................ 86
28.3 Vehicle Use ............................................................................. 86-87
28.4 Driving Time ................................................................................ 87
28.5 Vehicle Inspections ...................................................................... 87
28.6 Vehicle Equipment....................................................................... 88
28.7 Domiciling Vehicles .................................................................... 88
28.8 Vehicle Accidents ................................................................... 88-89
28.9 Vehicle Spotters ........................................................................... 89
Article 29 Uniforms ................................................................................................. 90
29.1 General .................................................................................... 90-91
29.2 Exceptions to Uniform Wear All Employees .............................. 91
29.3 Non-Law Enforcement Permanent/Term Employees ............. 91-92
29.4 Non-Law Enforcement Temporary Employees ...................... 92-93
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29.5 Uniform Wear Law Enforcement Employees .............................. 94
29.6 Uniform Wear Standards ........................................................ 94-95
29.7 Employee Attire (Non-Uniform) ............................................ 95-96
29.8 Clothing Locker and Dressing Areas ........................................... 96
Article 30 Contracting Out of Work ...................................................................... 97
30.1 General ......................................................................................... 97
30.2 Prior Notification to Union .......................................................... 97
30.3 Union Requested Discussions ...................................................... 97
Article 31 Board of Survey/Property Management .............................................. 98
31.1 Board of Survey ...................................................................... 98-99
31.2 Property Accountability ............................................................... 99
31.3 Right to Appeal/Grieve Finding of Financial Liability ......... 99-100
Article 32 Investigations ........................................................................................ 101
32.1 General ....................................................................................... 101
32.2 Representation............................................................................ 101
32.3 Timeliness .................................................................................. 101
Article 33 Drug Testing ......................................................................................... 102
33.1 General ....................................................................................... 102
33.2 Test Procedures .......................................................................... 102
33.3 Test Results ......................................................................... 102-103
Article 34 Reorganizations/Reassignment and Demotions ................................ 104
34.1 Reorganizations.......................................................................... 104
34.2 Involuntary Reassignments ................................................. 104-105
34.3 Demotions General .................................................................... 105
34.4 Bargaining .................................................................................. 105
34.5 Reference ................................................................................... 105
Article 35 Reduction in Force/Furlough .............................................................. 106
35.1 General ....................................................................................... 106
35.2 Reduction in Force .............................................................. 106-110
35.3 Furloughs ............................................................................ 110-111
Article 36 Discipline and Adverse Actions .......................................................... 112
36.1 General ................................................................................ 112-113
36.2 Timeframes for Initiating Discipline ......................................... 113
36.3 Procedures ........................................................................... 113-115
36.4 Lesser Penalties .......................................................................... 115
36.5 Final Decision ............................................................................ 115
36.6 Right to Grieve or Appeal .......................................................... 115
36.7 Adverse Actions .................................................................. 115-116
36.8 Harmful Error............................................................................. 116
36.9 Termination of Probationary Employees ................................... 116
36.10 Availability of Information ........................................................ 116
36.11 Extension of Time Limits to Reply/Grieve Discipline ....... 116-117
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Article 37 Grievance Procedures .......................................................................... 118
37.1 Purpose and Scope ..................................................................... 118
37.2 Protection from Reprisal ............................................................ 118
37.3 Matters Excluded from the Negotiated Grievance Procedure
(NGP) ......................................................................................... 118
37.4 General Procedures .................................................................... 119
37.5 Grievance Mediation ........................................................... 119-120
37.6 Informal Process ........................................................................ 121
37.7 Negotiated Grievance Procedure for Employees ................ 121-124
37.8 Union Representation at Grievances Where Employees Represent
Themselves ................................................................................ 125
37.9 Group Grievance Procedure ....................................................... 125
37.10 Union Grievance Procedure ....................................................... 125
37.11 Employer Grievance Procedure ................................................. 125
37.12 Federal Mediation ............................................................... 125-126
37.13 Advancement, Cancellation, Closure and Grievability .............. 126
37.14 Modification of Grievance Procedure Time Limits ............ 126-127
37.15 Failure to Meet Requirements .................................................... 127
37.16 Optional Use of Statutory Appeal Procedures .................... 127-128
Article 38 Arbitration ............................................................................................ 129
38.1 General ....................................................................................... 129
38.2 Invoking Arbitration ........................................................... 129-130
38.3 Selecting the Arbitrator .............................................................. 130
38.4 Date and Site of Arbitration ....................................................... 130
38.5 Fees and Expenses .............................................................. 130-131
38.6 Grievability/Arbitrability Determinations ................................. 131
38.7 Arbitrator’s Authority ................................................................ 131
38.8 Proceedings and Decision ................................................... 131-132
38.9 Witnesses ................................................................................... 132
38.10 Expedited Arbitration.......................................................... 132-133
Article 39 Equal Employment Opportunity (EEO) ............................................ 134
39.1 Equal Employment Opportunity (EEO)..................................... 134
39.2 Affirmative Employment Plan ................................................... 134
39.3 Relationship of the Union to the EEO Process .......................... 135
Article 40 Use of Official Time/Union Representation ....................................... 136
40.1 Recognition of Union Representation ........................................ 136
40.2 Designation of Union Representatives....................................... 136
40.3 Steward Mentorship ................................................................... 136
40.4 Use of Official Time .................................................................. 137
40.5 Functions for which a Reasonable Amount of Official Time is
Authorized........................................................................... 137-138
40.6 Official Time for Employees .............................................. 138-139
40.7 Official Time Release Procedure ........................................ 139-140
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Article Subject Page
40.8 Additional Official Time............................................................ 140
40.9 Labor Relations Training .................................................... 140-141
Article 41 Employer Provided Union Facilities/Equipment/Services ............... 142
41.1 General ....................................................................................... 142
41.2 Union Meeting Facilities............................................................ 142
41.3 Union Use of Employer’s Electronic Communication
System ................................................................................. 142-143
41.4 Office Space and Furnishings .................................................... 143
41.5 Employer Provided Equipment .................................................. 144
41.6 Union Use of Employer Mail Services ............................... 144-145
41.7 Bulletin Board Space ................................................................. 145
41.8 Other Government Equipment ................................................... 145
41.9 Employer Provided Travel and Per Diem .................................. 145
Article 42 Voluntary Allotments .......................................................................... 146
42.1 General ....................................................................................... 146
42.2 Cancellation of Allotment .......................................................... 146
42.3 Criteria for Non-Eligibility ........................................................ 146
42.4 Effective Dates for Dues Withholding Actions .................. 146-147
42.5 Insufficient Funds ...................................................................... 147
42.6 Temporary Employees ............................................................... 147
Article 43 Negotiations .......................................................................................... 148
43.1 General ....................................................................................... 148
43.2 Scope of Negotiations ................................................................ 148
43.3 Procedures for Mid-Term Bargaining ................................. 149-150
43.4 Negotiation Impasse................................................................... 150
43.5 Negotiability Question ............................................................... 150
43.6 Voluntary Surveys ..................................................................... 150
43.7 Past Practice ............................................................................... 151
43.8 Procedures for Contract Negotiations at Termination of MLA . 151
Article 44 Duration of Agreement ........................................................................ 152
44.1 Effective Date and Duration ...................................................... 152
44.2 Amendments and Supplements .................................................. 152
44.3 Renewal...................................................................................... 152
44.4 Ground Rules for New Agreement ............................................ 152
Article 45 Employee Disability Compensation ................................................... 153
45.1 General ....................................................................................... 153
45.2 Counseling of Employees .......................................................... 153
45.3 Employee Claiming Benefits Requesting Continued
Compensation ............................................................................ 153
45.4 Employee Health Benefits under FECA .................................... 153
45.5 Excused Absence and Continuation of Pay (COP) for Traumatic
Illness ......................................................................................... 154
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Article Subject Page
45.6 Service Credit and Retirement ................................................... 154
45.7 Dependent Rights ....................................................................... 154
45.8 Denial of Claims and Appeal Rights ......................................... 154
45.9 Employee Notification of FECA ............................................... 154
45.10 Reassignments Due to On-the-Job Injury .................................. 155
Article 46 Union-Employer Contact/Communications ...................................... 156
46.1 General ....................................................................................... 156
46.2 Contacting the Union Local ....................................................... 156
46.3 Contacting the Employer ........................................................... 156
46.4 Contacting the Union ................................................................. 157
Article 47 Law Enforcement ................................................................................. 158
47.1 General ....................................................................................... 158
47.2 Tour of Duty .............................................................................. 158
47.3 Loans of Bargaining Unit–Law Enforcement Officers
(LEO) .................................................................................. 158-160
47.4 Union Representation When on Loan ........................................ 160
47.5 LEO Filing Grievance during Temporary Assignment to Special
Event/Emergency ....................................................................... 161
47.6 Rental Quarters .......................................................................... 161
47.7 Administratively Uncontrollable Overtime (AUO) ................... 161
GLOSSARY........................................................................................................ 163-168
APPENDIX
A Standard Grievance Record......................................................... 169-171
B Standard Grievance Extension Request Form .................................. 173
C Official Time Request/Notification Record ....................................... 175
D Employee Request for Position Description Review ......................... 177
E Record of Counseling/Instruction ...................................................... 179
F Douglas Factors .................................................................................... 181
G Warning and Assurance to Employee to Provide Information ....... 183
H Office of Worker’s Compensation Form No. & Title ....................... 185
I TITLE 5 USC Ch. 55 (Back Pay Act) ......................................... 187-188
J TITLE 5 USC Ch. 71 (Labor Statute-Abridged) ....................... 189-203
K Weingarten Right ................................................................................. 205
1
PREAMBLE
Pursuant to the policies set forth in the Federal Labor-Management Relations Statute (5
USC Chapter 71)(see Appendix J), this Labor Management Agreement is executed
pursuant to the exclusive recognition of the National Federation of Federal Employees
NFFE Local 2152, hereinafter referred to as the Union, as the certified bargaining agents
for the United States Department of Interior (DOI) Bureau of Land Management (BLM)
Bargaining Unit Employees defined in Article 1 and employed by the BLM-California
State Office, hereinafter referred to as the Employer. Pursuant to the policies set forth in
5 USC Chapter 71, the Articles of this collectively bargained agreement (Master Labor
Agreement [MLA]) constitute an Agreement by and between the Union Local and the
Employer, and collectively referred to as the Parties.
The reference to rules, regulations and policies identified in this Agreement, refer to the
rules, regulations and policies effective upon the date of execution of this Agreement.
The Parties recognize the importance of building a constructive and cooperative
partnership which will aid in achieving the mission of The Bureau of Land
Management, the offices listed above and the well-being of the Employees. The Parties
also recognize their respective rights and mutual obligations as part of effective Labor-
Management relations, and agree to be bound by all applicable laws, Executive Orders
(EO), regulations and the Articles of this Agreement.
Now, therefore, the Parties agree to the following:
2
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3
ARTICLE 1
RECOGNITION AND UNIT DESIGNATION RECOGNITION
The Employer recognizes that this Agreement is applicable to all Employees included in
the Bargaining Unit described below.
BARGAINING UNIT
Bargaining Unit represented by NFFE Local 2152:
Included: All employees of the Bureau of Land Management located in California
and serviced by the California State Office’s Human Resources Branch,
including temporary and seasonal employees.
Excluded: All management officials; supervisors; employees described in 5 USC
7112(b)(2), (3), (4), (6) and (7); employees on emergency and special
needs appointments not to exceed 60 days; and professional employees of
Northern California Resource Areas (NORCAL)
4
ARTICLE 2
NEGOTIATED AGREEMENT: TRAINING AND PUBLICATION
SECTION 2.1 - TRAINING ON THE CONTRACT
1. Bargaining Unit Employees, at their discretion and without travel from their duty
station, will be given one (1) hour of official time during the first year of this
contract to meet with a Union Representative for training on this Master Labor
Agreement. In support of this training the Union will be provided authorization to
schedule a one time conference call; not to exceed a duration of 1 hour 30
minutes; and, at management cost, for up to twenty (20) telephone bridge lines.
Facilities for this Union initiated training will be provided in accordance with
Article 41 of this Agreement.
2. During the first year of this Agreement, a total of eight hours of duty time shall be
allowed for each Union representative for participation in union-sponsored
training on this Agreement. In support of this training the Union will be
authorized to schedule one concurrent running conference call and NET meeting
(using up to sixteen (16) telephone bridge lines at management cost) not to exceed
a duration of 8 hours 30 minutes.
3. The Union may use up to 16 hours Official Time (without travel) for two
representatives to develop and prepare information to present to Union Officials
and Stewards on dealing with the procedures and responsibilities for operating
under this Agreement.
4. Such time used by Union representatives or Bargaining Unit Employees engaged
in training on this Agreement as provided by a, b & c above shall occur during
hours where the user would otherwise be in a normal duty status. Use of such
time shall not include travel.
SECTION 2.2 - PUBLICATION AND COPIES OF THIS AGREEMENT
1. The Employer agrees to pay the cost of the initial printing of 1000 copies of this
Agreement for distribution to the Union and Bargaining Unit Employees and will
provide the Union with a copy of this Agreement on diskette.
2. The Employer agrees to make available to each Bargaining Unit Employee one
copy of this Agreement. Any copies of this Agreement in excess of the number
necessary to meet this obligation will be provided to the Union with the
understanding that the total number of agreements provided to the Union and
Bargaining Unit Employees will not to exceed the 1000 copies total provided in
2.2(a) above).
5
3. The Employer agrees to prepare and provide to the Bargaining Unit Employees a
hard copy of all amendments to this Agreement and or midterm Agreements
resulting in a change to this Agreement. Memoranda of Understanding and
Memoranda of Agreement resulting from midterm negotiations may be provided
to the Employees by electronic format.
SECTION 2.3 – UNION DISTRIBUTION OF MLA
The Union will be allowed to provide copies of this Agreement to the Bargaining Unit
during new employee orientation or by blue envelope (Agency Mail) when requested by
Employees.
6
ARTICLE 3
EMPLOYEE RIGHTS
SECTION 3.1 - PARTICIPATION IN THE UNION
Each Employee shall have the right in accordance with 5 USC 7102 to form, join, or
assist the Union, or to refrain from any such activity, freely, and without fear of penalty
or reprisal. Except as otherwise provided by law, each Employee shall be protected in
the exercise of such rights, as follows:
1. to act for the NFFE in the capacity of a representative and the right, in that
capacity, to present the views of the NFFE to heads of agencies and other officials
of the Government, the Congress, or other appropriate authorities;
2. to engage in collective bargaining with respect to conditions of employment
through representatives of the Union; and
3. to not be coerced, discriminated against, interfered with, or restrained for filing a
complaint or acting as a witness under this Agreement.
SECTION 3.2 - THE RIGHT TO UNION REPRESENTATION
1. The Union has the right to be present at any meeting between the Employer and
an Employee concerning a complaint on conditions of employment.
2. Weingarten Right (See inside front cover): An Employee has the right to be
represented by the Union at any examination of the Employee by a representative
of the Agency in connection with an investigation, if the Employee reasonably
believes that the examination may result in disciplinary action against the
Employee, and the Employee requests representation.
Prior to the Employer conducting a meeting with an Employee, and the Employer
is reasonably aware that disciplinary action may be enacted against the Employee
as a result of this meeting, the Employer will inform the Employee that the
Employee has the right to Union representation. The Employee will not be
coerced in any way to defer Union representation during this meeting.
3. If the Employee requests Union representation and a representative is not
immediately available, the Employer will provide a reasonable opportunity for
representation, or stop the meeting, or assure the Employee that no disciplinary
action will be taken against him/her. In a meeting of this nature, the Employee is
encouraged to document the discussion.
7
4. Employees will be provided annual notification of this right. In accordance with
5 USC 7114(a)(3) Seasonal Employees will be notified of their right to
representation during initial employment orientation.
5. The Weingarten Right will be added to the “Warning and Assurance to Employee
to Provide Information” Form (Appendix G) which will be used by special agents
or Management representative(s) to conduct an investigation.
SECTION 3.3 - OTHER REPRESENTATION RIGHTS
An Employee may choose to be represented by an attorney or representative other than
the NFFE in any appeal action not covered by the Negotiated Grievance Procedure.
SECTION 3.4 - PERSONAL CONCERNS
This Agreement does not prevent any Employee from bringing matters of personal
concern to the attention of appropriate officials in accordance with applicable laws,
regulations, or Agency policies.
SECTION 3.5 - OUTSIDE ACTIVITIES
An Employee shall have the right to engage in outside activities and employment and
otherwise conduct his/her private life provided there is no conflict of interest with BLM
employment.
SECTION 3.6 - CONFORMANCE TO LAW
In the administration of all matters covered by this Agreement, Employees are governed
by all applicable laws, rules, and regulations.
8
ARTICLE 4
UNION RIGHTS AND REPRESENTATION
SECTION 4.1 - EXCLUSIVE RECOGNITION
1. The Union is the exclusive representative of the Employees in the Bargaining
Units and is entitled to act for these Employees.
2. For the purpose of administration of this Agreement, the Employer agrees to
recognize representatives of the NFFE National Office in lieu of or in addition to
Local Officials.
SECTION 4.2 – REPRESENTATION
1. The Union has the right to represent an Employee or group of Employees in
presenting a grievance or other appeal. The Union has the exclusive right to
represent Employees under the Negotiated Grievance Procedure in this
Agreement.
2. An Employee or group of Employees may present a grievance without
representation by the Union, provided that the Union is afforded the opportunity
to be present at all discussions. The Union will be given the opportunity within a
reasonable period of time to represent to Management the Union’s position
concerning any of these discussions
SECTION 4.3 - FORMAL DISCUSSIONS
In accordance with Title 5 USC 7114(a)(2)(A) the Union will have 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 condition of employment. The
Union President or designee will be contacted for this purpose. However, if the Union
President or designee is unavailable Management will make the necessary arrangements
for Union representation in accordance with the procedures within Article 40 “Use of
Official Time”.
SECTION 4.4 - MEMBERSHIP DRIVES
Twice yearly for a five (5) day period of Monday through Friday, the Union will be
allowed to have access to break rooms and non-work areas during scheduled Employee
lunch and break time intervals for the purpose of conducting a membership drive.
9
Further, during these membership drives the Union will have access to break rooms and
non-work areas before and after work if this access does not compromise Agency
security requirements. Prior to initiating a membership drive the Union will notify the
Labor Relations Officer (LRO) and coordinate (e.g., dates, necessary facilities) with the
local Manager. Management will make every effort to provide the availability as agreed
to above.
SECTION 4.5 - RESTRAINT
The Employer shall not restrain, coerce, or discriminate against any Union official
because of the performance of duties in consonance with this Agreement and Title 5 USC
Chapter 71.
SECTION 4.6 - LIST OF EMPLOYEES
1. The Union President may request, but not more often than once each ninety (90)
day period, that the Employer provide a list of Employees suitable for the
exclusive representative. Upon receiving this request the Employer will provide
an Employee list indicating the Employee’s:
a. name;
b. position title;
c. series - grade;
d. organizational code;
e. Bargaining Unit Status;
f. tenure;
g. FLSA exemption status; and
h. location.
2. When an Employee is assigned into or out of the Bargaining Unit the Union
President will be notified of this personnel action. Notification will be provided
within thirty (30) days of the effective date of this action and will as appropriate
contain: 1) the position to which the Employee is assigned; 2) in the case of the
Employee being assigned out of the Bargaining Unit the position from which the
Employee is being assigned; or 3) the reason for the Bargaining Unit status of the
position being changed.
SECTION 4.7 - EMPLOYEE MEETINGS
At each All Employee Meeting held at each office the appropriate Union Local will be
given an opportunity, subject to workload considerations, to present information of
general interest and which does not constitute internal union business.
10
ARTICLE 5
MANAGEMENT RIGHTS AND OBLIGATIONS
SECTION 5.1 - CONFORMANCE TO LAW
In the administration of all matters covered by this Agreement, officials of the Employer
are governed by all applicable laws, rules, and regulations.
SECTION 5.2 - RETAINED MANAGEMENT RIGHTS
Management Officials of the Employer retain their right in accordance with 5 USC 7106
to:
1. to determine the mission, budget, organization, number of Employees, and
internal security practices of the Agency; and
2. 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;
3. to assign work, to make determinations with respect to contracting out, and to
determine personnel by which Agency operations shall be conducted;
4. with respect to filling positions, to make selections for appointments from among
properly ranked and certified candidates for promotion; or any other appropriate
source; and
5. to take whatever actions may be necessary to carry out the Agency mission during
emergencies.
SECTION 5.3 - ADDITIONAL OBLIGATIONS AND RIGHTS OF
MANAGEMENT
1. Management will:
a. Furnish the Union, upon request, and to the extent not prohibited by law,
data, which is normally maintained by the Agency in the regular course of
business, which is reasonably available and necessary for full and proper
discussion, understanding, and negotiation of subjects within the scope of
collective bargaining; and which does not constitute guidance, advice,
counsel, or training provided for Management Officials or Supervisors,
relating to collective bargaining.
11
b. Have due regard for the obligations imposed by law, rule and regulation,
when prescribing regulations relating to personnel policies, practices and
conditions of employment.
c. Annually inform the Employees of their Weingarten Rights in accordance
with Employee Rights under Article 3 of this Agreement.
2. Nothing in this Article shall preclude the Parties from negotiating:
a. at the election of the Employer, 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;
b. procedures which Management Officials of the Agency will observe in
exercising any authority under this Article; or
c. appropriate arrangements for Employees adversely affected by the
exercise of any authority under this Article by such Management Officials.
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ARTICLE 6
MUTUAL RESPONSIBILITIES AND OBLIGATIONS
SECTION 6.1 - GENERAL
The administration of Public Lands demands the highest standards of performance and
the continued development and implementation of modern and progressive work and
Management practices to facilitate and improve performance and the efficient
accomplishment of the mission of the BLM. To this end, the Employer and the Union
will strive to insure that Employees subject to this Agreement will:
1. not be discriminated against on the basis of race, color, creed, religion, sex,
national origin, age, marital status, disabled condition, lawful political affiliation,
or sexual preference;
2. be treated with dignity, respect, and in a professional manner at all times;
3. not be coerced by the Employer or Employees to invest their money or donate to
charity; or, participate in activities, meetings, or undertakings not related to their
employment with the Department of Interior, Bureau of Land Management;
4. be allowed to petition Congress or a member of Congress, or subject to governing
law, rule or regulation, furnish information to either House of Congress or to a
committee or member thereof;
5. receive fair and equitable treatment in all aspects of employment with proper
regard for privacy, rights as provided in this Agreement, protection against
arbitrary action, personal favoritism, or coercion;
6. be entitled to working conditions that are safe and in compliance with regulations
pertaining to health and safety;
7. be informed of rules, regulations, and policies, including job duties, and be
allowed to review any that are applicable;
8. be fairly and equally represented by the Union regardless of dues-paying status.
The Parties agree, however, the Union has no duty to represent non-dues paying
Bargaining Unit members in situations where statutory appeals procedures are
available, e.g., EEO complaints, MSPB Appeals, etc.
13
ARTICLE 7
EMPLOYEE ORIENTATION
SECTION 7.1 - GENERAL
The Employer agrees to inform each new Employee that the Union is the exclusive
representative of Employees. The Union will give a copy of this Agreement and
Supplements to each new Employee as part of his/her orientation program.
SECTION 7.2 - ORIENTATION PACKAGE
The Union will supply the Employer with a Union packet, which will be included in the
orientation package for the Employees. A Weingarten statement will be included in all
Employee orientation packages including any new fire personnel packages.
SECTION 7.3 - EMPLOYEE ORIENTATION
1. Union representatives may remain in attendance during Employee orientation
while conditions of employment are discussed.
2. The Union will receive a reasonable notice of the time and place of new
Employee orientation(s). This notice will normally be seven (7) calendar days in
advance of the planned Employee orientation session(s). A representative of the
Union will be granted time to present a briefing at orientation sessions which are
held for bargaining unit Employees. Thirty (30) minutes will be provided to the
Union for this purpose. Additional time may be provided if mutually agreed to by
the Parties. During the time provided, the Union may distribute a prepared
package of materials that is not libelous, derogatory or contain personal attacks
against any individual or group, or in violation of the Hatch Act. At the Union’s
option, Supervisors and Managers may remain for the presentation.
SECTION 7.4 - BARGAINING UNIT EMPLOYEE LIST
At the beginning of the calendar year, the Employer will provide a list of all employees
then assigned to the bargaining unit. This list will provide the Employee’s name, duty
location and bargaining unit status (BUS) code.
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ARTICLE 8
POSITION DESCRIPTIONS AND CLASSIFICATION
SECTION 8.1 - POLICY
1. The Parties agree that in accordance with law, rule or regulation it is the
responsibility of the Employer to provide accurate and properly classified Position
Descriptions (PD) for all Employees.
2. A position description document will accurately describe the duties and
responsibilities assigned to a position and all identical positions within the same
organizational unit will normally be covered by this same position description.
3. Changes to an Employee’s position description will be discussed with the
Employee and the Employee will be furnished a copy of the revised or new
document. Upon request by the Employee, the Supervisor will discuss
classification information provided in response to a change in the Employee’s
position description. (See Section 8.5 of this Article)
SECTION 8.2 - CONTENT AND ACCURACY OF POSITION DESCRIPTION
1. The purpose of a position description document is to accurately describe, for pay
and classification purposes, the duties and responsibilities assigned to, and
supervisory controls of a position. The intent of the PD is not to list every duty an
Employee may be assigned, but reflects those duties which are pay plan, series
and grade controlling.
2. It is essential to ensure that Employees are assigned appropriate duties, and
properly compensated for the duties they are assigned. The phrase "other duties
as assigned" shall not be used to assign an Employee work that is not related to
his/her basic job description duties except on an infrequent basis and only under
circumstances in which such assignments can be justified.
3. Changes in the work that an Employee is assigned may affect the grade of the
Employee’s position, therefore, the accuracy of a PD will be reviewed as part of
the performance plan review or upon request by the Employee or Supervisor.
PDs will be revised as necessary in accordance with this Article and law, rule and
regulation.
15
SECTION 8.3 - CHANGES IN DUTY ASSIGNMENTS
It is the responsibility of the Employer to assign work and determine the qualification
necessary for the work the Employee(s) is being assigned. This will allow the Supervisor
to assign the work to the proper Employee. When assigning work to an Employee that is
not related to the Employee’s current PD, the Supervisor will inform the Employee if this
assignment will be temporary or permanent, in nature, and if temporary the anticipated
duration of the assignment.
Temporarily Assigned Duties: If the duties are of a temporary nature and have higher
grade controlling components than that of the grade held by the Employee being assigned
the work, the Employee may be temporarily promoted to the higher grade in accordance
with Article 20 of this Agreement. Work experience gained by the Employee during a
detail will be credited to the Employee starting the effective date of the detail.
Permanently Assigned Duties: It is the Employer’s responsibility to insure that newly
assigned duties of a permanent nature, are included in a PD and a determination made as
to the impact these newly assigned duties will have on the grade and series of the
position. To minimally impact an Employee by a Supervisor’s assignment of duties that:
1. are not currently in the Employee’s PD and are assigned on a permanent basis;
and
2. have not been considered by the Employer when classifying the current PD, the
Employer should give first consideration to providing the Employee(s) a revised
PD. If the classification action results in a higher or lower grade for the position,
the Employer will follow appropriate law, rule and regulation when addressing a
grade disparity between the Employee and the new higher or lower graded
position.
SECTION 8.4 - REVIEW OF NEW OR PROPOSED CHANGES TO POSITION
DESCRIPTIONS
1. If the Employee feels that their PD does not accurately describe their duties, the
Employee should bring the issue to the Supervisor’s attention and request
modification of their PD. The Supervisor and Employee will review the PD and
if needed revise the PD to properly describe the duties, using the Request For
Position Description Review form (see Appendix D).
2. The Employee may prepare a revised PD with or without their Supervisor which
identifies additional significant duties currently being performed by the Employee
but are not identified in their current PD. If the Employee chooses to prepare a
revised PD on their own the Employee must request a release from their normally
assigned duties from their Supervisor and will be released dependent on the
workload needs of the Employer as determined by the Supervisor. The revision
will be submitted to the Supervisor along with a Request For Position Description
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Review form for review by the Supervisor, the Supervisor will complete the
following:
a. Upon receipt of the package the Supervisor will sign and date the
appropriate blocks on the form and return a copy of the signed and dated
form to the Employee within five working days of receipt.
b. The Supervisor and Employee may meet to review the revised PD.
c. If as a result of the Supervisor’s review of the Employee’s revised PD or
as a result of the meeting with the Employee it is determined by the
Supervisor the Employee’s current PD requires a correction, the
Supervisor will provide the Employee a copy of the Employee’s original
Request For Position Description Review form that indicates the date the
corrected PD was submitted, or will be submitted to the administrative
process for this purpose.
d. If as a result the meeting between the Supervisor and Employee or the
Supervisor’s review of the Employee’s submitted revised PD it is
determined by the Supervisor that no correction to the Employee’s current
PD is necessary, a copy of the Employee’s original Request For Position
Description Review form will be returned to the Employee and the
appropriate Local Union President indicating the decision and date of
return.
e. The Employee may prepare an addendum to his/her PD to receive credit
for experience gained by performing duties not described in their PD.
This addendum must be submitted to their Supervisor for review and
approval. Upon approval by the Employee’s Supervisor the addendum
will be forwarded to the state personnel office to be placed in the
Employee’s Official Personnel File.
SECTION 8.5 - CLASSIFICATION AUDITS AND APPEALS
1. An Employee who feels his/her accurate PD is improperly classified should meet
and discuss this matter with their Supervisor.
2. At anytime, the Employee may appeal the classification of his/her PD in
accordance with 5 CFR 511 to either the Department of Interior or the Office of
Personnel Management. If appealed through DOI, a DOI classification may be
appealed to OPM. If appealed through OPM, an OPM classification may not be
appealed to DOI.
17
SECTION 8.6 - BACK PAY
1. If by classification action the Employee’s current PD is determined to be a higher
grade than the Employee currently holds and the Employee is qualified to fill the
position at the higher grade on a permanent basis, the Employer will establish the
Employees right to back pay in accordance with Article 20 of this Agreement or 5
CFR 511 and appropriate law, rule and regulation.
2. Employees are entitled to all rights and privileges as described by the Back Pay
Act. (see Appendix I)
3. The effective dates of reclassification actions will be in accordance with 5 CFR
511.701-703.
SECTION 8.7 - REORGANIZATION/POSITION DESCRIPTIONS
In any reorganization within BLM-California which will result in the assignment of
duties not covered within an Employee’s PD, the Employer will endeavor to complete
any necessary PD modification process prior to implementing the new organization
structure.
SECTION 8.8 - COMPLAINTS OVER POSITION DESCRIPTIONS OR
ADDENDUMS
When differences concerning the accuracy of a Position Description or addendum, cannot
be resolved between the Supervisor and the Employee, or the Employee believes the
Employer has not responded in an expeditious manner to a PD related action or the
Employee believes the administrative process to revise their PD is not being
accomplished in an expeditious manner, the Employee may file a grievance under the
Negotiated Grievance Procedure.
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ARTICLE 9
EMPLOYEE PERFORMANCE PLAN REVIEW
SECTION 9.1 - GENERAL
1. To maintain a quality workforce and encourage Employees to strive for top
performance the Parties recognize the need and obligation to evaluate the
performance of job related duties of all Employees in accordance with applicable
law, regulation, and DOI policy. The performance plan is linked through
performance indicators to the Employee’s principle duties.
2. If during the rating period the Employee is assigned duties outside their assigned
Position Description (PD) and their performance of these duties is unacceptable
Section 9.7 of this Article will apply.
SECTION 9.2 - ESTABLISHING PERFORMANCE ELEMENTS
1. In accordance with applicable law and regulation, Supervisor’s (Rating Officials)
will encourage their employees to participate individually in identifying their
performance elements and establishing performance standards through informal
discussions both at the beginning or at any time during the appraisal period when
changes in elements and/or standards are needed. However, the responsibility for
determining the elements and establishing the standards will remain with the
Supervisor.
2. In accordance with 5 CFR 430, all performance elements will be consistent with
the duties and responsibilities contained in the Employee’s PD, and therefore, will
be equitable, understandable, and permit accurate evaluation and assessment of
job performance by appropriate official(s). The establishment of performance
elements is a collaborative effort by the Employee and the rating official with
final determination being the responsibility of the Employer.
3. It is understood by the parties to this agreement that:
a. critical elements will be related to the work to be measured;
b. pursuant to 5 USC 4302(b)(1), the Employer must establish performance
standards which will, to the maximum extent feasible, permit the accurate
evaluation of job performance on the basis of objective criteria (which
may include the extent of courtesy demonstrated to the public) related to
the job in question for each employee or position under the DOI 5-Level
Performance System (see 370 DM 430)
c. supervisors and their employees should refer to the Performance Appraisal
Handbook, Section 1 when developing Performance Plan elements and
standards in accordance with 9.2.
19
4. All aspects of standards will be communicated to affected employees at the time
the employees receive their elements and standards. At a minimum, the
supervisor will define the level of performance at the fully Successful level of
performance. Performance standards must be written in such a way that they may
be exceeded. If requested, the supervisor will explain the differences between all
performance levels and provide examples on how to achieve these levels of
performance. The differences and examples between the performance levels
should be documented.
a. Prior to the end of the established appraisal period, the Employer will
provide the Employee a reasonable opportunity to provide input to their
Supervisor regarding performance standards and performance elements.
Input by the Employee regarding the standards and elements shall be
given full and thorough consideration by their Supervisor.
b. If the Employee’s position classification, duties or responsibilities are
changed and this change requires a change in the Employee’s performance
plan the following will apply:
5. The change in the Employee’s performance plan will be communicated to the
Employee as soon as practical; and
6. Section 9.3(b) will apply.
a. If there is a position classification change, or a change in the Employee’s
principle duties and responsibilities during the rating period and it is
determined by the Employee’s Supervisor that a new or revised individual
training plan must be established, the Employee will be allowed to provide
input to this process which will be given full and thorough consideration.
The Employee’s Supervisor will strive to implement any new or revised
training plan as soon as reasonably possible after the change.
b. If the Employee believes a performance element is not consistent with
his/her Position Description the Employee may request a modification, or
file a grievance in accordance with the Negotiated Grievance Procedure
(Article 37).
c. Employees will not be required to sign or initial a blank DI- 3100 or be
required to predate their performance plan. If an employee refuses to sign
or initial the DI-3100 form it should be so noted and a copy provided to
the employee.
d. “Specific Standards” in addition to or in lieu of the “Benchmark
Standards” may be used as expressions of the performance threshold(s),
requirement(s), or expectation(s) that must be met for each element at a
particular level of performance.
20
e. Employees will be held accountable only for those elements and standards
the employee has been made aware of at the beginning of the appraisal
period on which a performance-based action is based. Signing of the DI-
3100 by the employee indicates his/her supervisor has discussed the
elements and standards contained therein. Employees are encouraged to
seek clarification from their supervisor if they do not fully understand the
elements and standards contained in their performance plan.
SECTION 9.3 - EVALUATION FACTORS
1. The rating official will be an individual with administrative authority, and is
knowledgeable of the Employee's work performance; evaluations should consider
factors beyond the Employee's control that may inhibit meeting performance
elements. The rating official may solicit comments from other Supervisors or
Employees regarding specific work performance for special projects undertaken
in conjunction with other organizational units or team efforts, however,
confidentiality concerning the anticipated rating level will be maintained.
2. When an Employee has been given new duties which result in a change to the
Employee’s current performance plan, the training and experience of the
Employee will be considered. The affected Employee and their Supervisor will
jointly review the change to the Employee’s performance plan. If as a result of
the additional duties the Employee has concerns on their ability to meet any new
performance requirements, the Employee may provide a written statement to their
Supervisor identifying these concerns. The Supervisor will provide the Employee
a receipted copy of these written concerns.
a. If a bargaining unit employee believes an element or standard in their
Performance Plan is inconsistent with governing law, rule or regulations,
the employee’s may submit an allegation to his/her supervisor in writing
stating specifically why the employee believes the element or standard is
inconsistent with law, rule or regulation and provide a copy to the Union.
The Union may designate one Union representative to review the disputed
elements or standards which have been incorporated into a Performance
Plan. The Union after completing their review may make a verbal
recommendation (without travel) to the Employee’s Supervisor
concerning the element or standard in dispute. Official Time for this
purpose will be granted as follows:
i. The employee will be granted 30 minutes Official Time to prepare
the written allegation of inconsistency.
ii. The designated Union Representative will be granted 30 minutes
for the review.
21
iii. Official Time for discussing with a supervisor “a recommendation”
will be consistent with the length of time the Supervisor
participates in the discussion. The employee and Union
representative will be released on Official Time for this review
process in accordance with MLA Article 40.
SECTION 9.4 - APPLICATION OF PERFORMANCE MANAGEMENT SYSTEM
A rating official will be consistent in the development and evaluation of performance
elements for Employees having similar duties or responsibilities within the same office.
It is the Employer's responsibility to administer an equitable performance appraisal
system.
SECTION 9.5 - PERFORMANCE REVIEWS
1. Supervisors must conduct at least one (1) progress review with each Employee
between the initial annual planning session and the end of the rating period. At
the conclusion of each progress review, the rating official and Employee will
initial and date Part B of the DI-3100 form. Such discussion will be confidential,
and provide clear guidance to the Employee on the type of performance that will
merit a rating of at least Fully Successful on each critical element of their
performance plan. These reviews are not intended for disciplinary actions. With
an acceptable rating, Part B of the DI-3100 Form should be completed after the
progress review. Any written feedback or recommended training can be noted on
a separate sheet and attached to the employee performance appraisal plan.
2. Should the Employee’s rating official change during the rating cycle, the leaving
rating official will provide a close-out review of observed performance for the
Employee covering the elapsed portion of the rating period the rater was
responsible for. This close-out will be discussed with the Employee.
3. If the employee’s performance is observed to be at the Minimally Successful
rating level at anytime during the rating cycle, the supervisor should make efforts
to help the employee raise their performance to a Fully Successful level.
SECTION 9.6 - PERFORMANCE RATING
1. An Employee must work under a performance plan for a minimum of ninety (90)
days prior to receiving a rating. At the discretion of the Employer the rating
period will normally end on September 30th of each year. If this date is changed
the Employer will appropriately negotiate this adjustment prior to
implementation. The Rating Official will complete the summary rating within
sixty (60) days of the close of the annual performance rating period.
2. The Rating Official is the individual responsible for working with an Employee to
determine critical elements and identify performance indicators.
22
3. When determining performance rating, the Rating Official must not penalize an
Employee for their official Union activities, or other Employer approved
activities, e.g., EEO, Special Emphasis, Combined Federal Campaign, or other
Agency sponsored functions.
4. Supervisors will take into account mitigating factors such as availability of
resources, lack of access to necessary equipment or technology, lack of training or
frequent authorized interruptions of normal work duties (e.g. excused absences
from assigned work etc.) when determining an employee’s performance.
5. Each critical element will be rated as Exceptional, Superior, Fully Successful,
Minimally Successful or Unsatisfactory. A summary rating of Unsatisfactory
indicates an Employee has not met the performance expectations for one or more
critical elements.
6. Supervisors will give Employees fair and equitable consideration for awards
commensurate with performance. When Supervisors review Employee
performance for possible recognition with an award, they will consider such
related issues as the Employee’s contribution towards increasing productivity,
reducing costs, or simplifying procedures or operations. (5 CFR
430.204(B)(1)(iv))
7. In accordance with 5 CFR 335.104, no Employee shall receive a career ladder
promotion unless his or her performance rating of record is Fully Successful or
higher in all critical elements of his or her performance rating. In addition no
Employee may receive a career ladder promotion who has a rating of Minimally
Successful or Unsatisfactory on any critical element that is also critical to
performance at the next higher grade of the career ladder.
8. A performance rating of Fully Successful in all critical elements is necessary for
an accretion of duties promotion.
9. A performance rating of Fully Successful in all critical elements will result in a
Within Grade Increase (WGI) advancement to the next higher step, in accordance
with law, rule and regulation.
10. In the event that an Employee does not receive a rating of at least Fully
Successful in the latest rating of record or as a result of mid-term evaluation in
which a performance improvement plan is in place, the Employer may deny the
WGI. After the improvement period the Employer may either advance the
Employee to the next higher step or deny the increase in accordance with 5 CFR
531, Subpart D. A denial of a WGI is either grievable under the Negotiated
Grievance Procedure or appealable to the Merit System Protection Board, but not
both.
23
11. In accordance with 5 CFR 430, Subpart B, an Employee who did not work under
a performance plan for ninety (90) days during the rating period will have the
rating period extended to allow the Employee to work under a performance plan
for ninety (90) days. The rating official will rate the Employee’s performance at
the end of the rating period extension.
12. When applicable, for temporary firefighters who are hired for more than 60 and
do not exceed 120 days, management will, for reemployment purposes, provide
the employee a provisional appraisal at termination of employment. This
provisional appraisal is not a summary record of performance under 370 DM 430
and is only for indicating the employee’s level of work performance, (i.e.
Exceptional, Superior, Fully Successful, Minimally Successful or Unsatisfactory)
for a previous period of employment when being considered for reemployment.
The rating provided will be based on the supervisor’s determination of the
employee’s work performance and is not grievable.
SECTION 9.7 - UNACCEPTABLE PERFORMANCE
Unacceptable performance means performance of an Employee that fails to meet
established performance standards in one or more critical elements of the Employee’s
position (see 5 CFR 432.103(h)). It is understood by the parties to this agreement
unacceptable performance for bargaining unit employees under 370 DM 430 dated
November 4, 2004 is at the Unsatisfactory rating level.
The process of monitoring performance is on going. Therefore, a supervisor should
discuss with an employee their ongoing performance on an as-needed basis. Special
emphasis should be given to those causes wherein the employee’s performance indicates
a decrease in overall performance.
Unacceptable performance may be due to a lack of knowledge or skills, a circumstance
beyond an Employee’s control, or to standards which were unrealistic. Appropriate
action should be directed toward resolving the problem by providing training or
developing realistic standards. Therefore, the Supervisor when determining the type of
action necessary to address an Employee’s unacceptable performance must consider the
following factors:
1. Employee’s possible lack of knowledge, skills;
2. any circumstances contributing to the Employee’s unacceptable performance;
3. possible unrealistic performance standards; or
4. physical or emotional problems which may have contributed to the Employee’s
unacceptable performance.
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The Supervisor may also consider the training provided to the Employee, clarity of
instruction given to the Employee concerning their workload and the clarity of the
instructions from the Supervisor to the Employee defining the Employee’s workload.
1. After consideration of the above, at any time during the performance appraisal
cycle the Employee’s performance fails to meet established performance
standards in one or more critical elements of the Employee’s position, the
Supervisor will initiate an opportunity period to give the Employee a reasonable
amount of time to demonstrate acceptable performance. This means an amount of
time commensurate with the duties and responsibilities of the Employee’s
position sufficient to allow the Employee to show whether he or she can perform
acceptably to the standard(s). This amount of time should be discussed with the
Employee, however, the final determination for the duration of the opportunity
period will be made by the Supervisor. The Supervisor will document in writing
the specific problem areas and describe how the Employee’s performance must be
improved in order to obtain an acceptable performance rating and the time
provided for the improvement.
2. The Supervisor will help the Employee improve performance during the
opportunity period. This can include Supervisory instruction and counseling,
personal demonstration, peer coaching, frequent reporting, special assignments,
on-the-job training, etc.
3. Supervisors will endeavor not to assign additional duties and responsibilities to an
Employee who has been provided an opportunity to demonstrate acceptable
performance during a performance improvement period. When circumstances
require that a Supervisor assign additional duties and responsibilities to an
Employee who is in a performance improvement period, the Supervisor will do so
in consideration of the Employer’s responsibility to provide the Employee a
reasonable opportunity to demonstrate acceptable performance in accordance with
5 CFR 432.104. If during a Performance Improvement Period the Employee is
assigned: 1) additional duties and responsibilities not currently identified in the
Employee’s PD; or 2) additional workload, and this addition impacts the ability of
the Employee to meet the conditions of their performance improvement period,
the Supervisor will revise the conditions of the performance improvement period
to meet these new conditions. The Supervisor will meet with the Employee to
discuss the accomplishment of the additional duties, workload and the revision to
the performance improvement period.
4. At the end of an Employee’s opportunity to demonstrate acceptable performance,
if the Employee’s performance improves to an acceptable level, he/she will be
notified in writing that their performance was acceptable. A Form DI-3100 will
be accomplished to indicate the Employee has reached an acceptable level of
performance and a copy of this form will be provided to the Employee. The new
Form DI-3100 will be provided to the Employee within thirty (30) days of the end
of the Performance Improvement Period.
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5. If the Employee’s performance continues to be unacceptable in one or more
critical elements after the opportunity to improve period has expired, the
Supervisor may take one or more of the following actions in accordance with
appropriate regulation:
a. reassignment;
b. denial of within grade increase;
c. reduction in grade; or
d. removal
6. If due to an Employee’s unacceptable performance a Supervisor determines it
necessary to take one of the above Management actions, the reasons for the
action(s) will be provided to the Employee in writing. The Employee will be
provided all rights as identified in Article 3, Employee Rights of this Agreement
concerning the above actions; Weingarten Rights may apply.
7. The Employer will take all action in connection with an Employee’s unacceptable
performance in accordance with 5 CFR 432 and after consideration of Section 9.7
of this Article. The Supervisor will consider the potential for rehabilitation and
the effectiveness and adequacy of lesser actions other than removal.
SECTION 9.8 - DOCUMENTATION
Copies of written documentation of discussions concerning work performance shall be
provided to the Employee and shall be noted with both the Supervisor's and Employee's
signature or initials. Supporting documentation will be made available to the Employee
upon request. Other relevant information may be requested by a Union representative in
accordance with 5 USC 7114(b)(4).
SECTION 9.9 - GRIEVABILITY
In accordance with 370DM430(7)(c) an employee may: A) submit written comments to
their overall rating of record, the element ratings and/or the narrative comments if they
desire; or B) File a grievance under the parties Negotiated Grievance Procedure (MLA
Article 37), but not both.
The parties to this agreement understand the following applies to MLA Article 37.
Any employee who is dissatisfied with an aspect of the “employee performance program
procedures” such as: a periodic review; annual rating; application of elements or
standards; or, award (amount of or lack there of), may file a grievance in accordance with
MLA Article 37. Also, in accord with the Negotiated Grievance Procedures: 1) an
employee does not forfeit the opportunity to grieve their overall rating of record provided
at the end of the appraisal cycle by signing a periodic review that may have affected that
appraisal; and 2) management’s identification of critical elements and establishment of
performance standards will not be a subject of arbitral review.
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ARTICLE 10
EMPLOYEE TRAINING AND DEVELOPMENT
SECTION 10.1 - GENERAL
1. The Parties recognize the value of a well trained work force and the need for a
well planned and conducted training effort to meet the short and long term
challenges facing the Agency. Training will be aimed at improving job
performance, meeting the needs of the organization as determined by the
Employer and providing for Employee career development. The Employer
retains the right to determine the investment to be made in training, select training
methods and facilities, schedule, and assign Employees to training. Employees
are encouraged to discuss training and development needs with their Supervisors.
The Parties encourage Employee self-development.
2. The Employer will provide training opportunities to Employees of the Bargaining
Unit(s) in accordance with existing laws and regulations, and without regard to
race, color, age, religion, sex, national origin or sexual orientation. Employees
may apply for training for which they qualify and are free to discuss training
needs with their Supervisors and with Employee development specialists or
staffing specialists servicing their organizations.
SECTION 10.2 - INDIVIDUAL DEVELOPMENT PLAN
1. The Employee and Employer share the responsibility to identify training needed
to improve individual and organizational performance and identify methods to
meet those needs, effectively and efficiently. Supervisors should assist
Employees with developing an individual development plan annually during the
Employee’s end of appraisal cycle performance evaluation. This plan should
identify training, experience, job opportunities, or other items recommended to
improve job performance and achieve the Employee's career goals.
2. During the Employee’s end of appraisal cycle performance review, if requested,
the Supervisor will help the Employee assess their career development options as
it relates to the Employee’s performance and the training accomplished in the
previous year.
SECTION 10.3 - TRAINING
1. The Employer will endeavor to schedule training so Employees should not have
to travel on weekends.
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2. The Employer and the Union recognize that each Employee is responsible for
applying effort, time and initiative in increasing his or her potential value through
self-development and training.
3. Supervisors will identify training needs of Employees, and upon request will
discuss expected needs of the organization with the appropriate Steward.
4. To the extent practicable as determined by the Employer, and to the extent
allowed by law, rule or regulation, Supervisors/Managers will make fair and
equitable efforts to assist Employees in partaking of training necessary to improve
individual performance, potential and efficiency.
SECTION 10.4 - ON THE JOB INSTRUCTION
1. If an Employee is required to interrupt his/her regular duties to train another
Employee, the Employee will be provided necessary time from his/her regular
duties to perform on-the-job instruction. If a Supervisor determines that an
Employee's work is falling behind due to giving instruction to another Employee,
the Employer will determine workload priorities to ensure the BLM mission is
accomplished.
2. If an Employee is assigned the task of training another Employee, the Supervisor
of record should provide a training plan, may modify the Employee’s
Performance Plan to reflect the new duty, or take other appropriate actions to
assure that the training assignment accurately reflects the overall work assignment
of the Employee.
SECTION 10.5 - RECORDS
The Employer agrees to place in the Employee's OPF, records of all governmental and
non-governmental sponsored training, and/or an officially issued transcript for academic
(college, trade school) courses, which an Employee has satisfactorily completed and
submitted to the CASO, Human Resource Services Office by use of a “Request,
Authorization, Agreement, and Certification of Training” form (SF-182).
SECTION 10.6 - WORK SCHEDULE ADJUSTMENTS
The Employer will make every reasonable effort to arrange an Employee’s hours of work
to accommodate the Employee pursuing education and training which has been
determined by the Employer to be of mutual benefit to the Employer and Employee,
consistent with mission requirements.
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SECTION 10.7 - JOB-RELATED EDUCATION COURSES
1. General. In accordance with budget limitations, regulations, and mission
requirements, job-related educational courses at accredited local colleges and
universities may be made available for Employees at government expense through
tuition assistance. Although training or education will not be provided solely for
the purpose of obtaining an academic degree, this prohibition does not limit
authority to assign Employees to training to develop skills, abilities, and
knowledge for the performance of official duties. Application and acceptance by
a college or university will be the Employee’s responsibility. For the Employer to
provide tuition assistance the Employee must obtain their Supervisor’s written
approval prior to the Employee beginning the training/class.
2. Tuition Assistance. Normally the Employer will pay agreed to tuition assistance
after the Employee successfully completes the approved training/class and
submits a certificate or transcript to the Supervisor indicating acceptable
completion in accordance with OPM, DOI and BLM guidelines.
3. Advanced Tuition Assistance. At the discretion of the Employer, tuition
assistance may be paid to the Employee prior to the beginning of the
training/class. To be considered for advance tuition assistance the Employee must
submit a written request for advanced tuition assistance to their Supervisor no less
than thirty (30) calendar days prior to the beginning of the training/class. To
certify that the Employee has complied with the conditions agreed to for advanced
tuition assistance, the Employee must submit a certificate or transcript to the
Supervisor indicating acceptable completion of the training/class in accordance
with OPM, DOI and BLM guidelines. If the Employee has not received written
approval for advanced tuition assistance from their Supervisor seven (7) days
prior to the beginning date of the training/class the Employee will consider their
request denied.
If the Employee requests advance tuition assistance in accordance with this
Section 10.7(c) above and advance tuition assistance is denied at the time of the
request or the request has not been approved in writing by the seventh (7th
) day
before the start of the training/class, the Employee may resubmit the request in
accordance with Section 10.7(b) above. The Employer may consider this new
request for tuition assistance.
SECTION 10.8 - USE OF EQUIPMENT
For Employees enrolled in Employer approved job-related training courses the Employer
agrees to make available in accordance with all laws, regulations, policy and mission
requirements, and if available at the Employee’s work site, such equipment as desk
calculators, computers, etc.
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SECTION 10.9 - CAREER DEVELOPMENT
The Parties agree that the career development and future of the Employee is an integral
part of the future of the Agency. To this extent the Employer agrees to:
1. Provide career guidance when requested by the Employee.
2. Consider Employee career development opportunities when selecting Employees
for details, temporary promotions, training opportunities, teaching opportunities,
cross Agency training, etc., when recommending Employees for such assignments
as the BLM-Washington Office or Congressional Staff Liaison.
3. Assist the Employee in understanding a clear and attainable career path through
discussions with the immediate Supervisor, a personnel specialist or a training
specialist.
4. When deemed appropriate by the Employer, the Employer will advertise positions
at grades below their full-performance grade level to enhance career
opportunities.
5. The Parties agree to support on a statewide basis general leadership, supervision
and Management training programs for Employees who express an interest in
such programs. To this extent, in order to insure a strong leadership base for the
future of BLM and enhance career opportunities, the Employer agrees to consider
innovative funding strategies in order to minimize significant funding impacts of
high cost training programs (i.e., DOI Executive Leadership Program) to
individual offices. This will assist the Agency’s need for recruiting and retaining
Employees through fair and equitable participation by interested candidates.
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ARTICLE 11
TEMPORARY EMPLOYEES
SECTION 11.1 - REHIRE ELIGIBILITY
When a Temporary Employee is hired, he/she will be informed that satisfactory
performance must be obtained for rehire eligibility. Rehire eligibility is not a job
guarantee for the next season. The determination to appoint rehire eligibles will be made
by the Employer. The Temporary Employee will be given written confirmation of
appointment and an SF-50.
SECTION 11.2 - MISCONDUCT/POOR PERFORMANCE
At the Employer’s discretion a Temporary Employee may be disciplined or terminated
for misconduct or terminated for poor performance. A Temporary Employee terminated
for misconduct or performance will receive a written notice indicating the reason(s) for
the termination.
SECTION 11.3 - EMPLOYMENT ORIENTATION FOR TEMPORARY
EMPLOYEES
For Temporary Employees who are covered by this Agreement (within a Bargaining
Unit) the Employer will, in accordance with Article 7 of this Agreement, notify the Union
Local President or their designee of the date for the Employee’s employment orientation.
SECTION 11.4 - TEMPORARY EMPLOYEE GRIEVANCE RIGHTS
Temporary Employees covered by this Agreement have the right to file a grievance in
accordance with Article 37, Grievance Procedure, found in this Agreement. Temporary
Employees may not file a grievance for termination for cause.
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ARTICLE 12
FIRE PERSONNEL
SECTION 12.1 - TOUR OF DUTY
1. Employment as a fire fighter will not preclude an Employee from requesting an
Alternate Work Schedule as described in Article 14.2. To address the emergency
status of a fire incident the Employer retains the right to change an Employee’s
tour of duty without giving previous notice to the affected Employee.
2. If any Employee’s regularly assigned tour of duty is changed in response to a fire
support assignment, the Employee will resume their regularly assigned tour of
duty upon completion of the fire support assignment.
3. All timekeeping will be in accordance with the Interagency Fire Business
Management Handbook.
4. An Employee may not waive any rights provided by the Articles of this
Agreement as a precondition of employment.
SECTION 12.2 - REPRESENTATION
Temporary assignment of any Employee to a fire incident does not remove his/her
position from the Bargaining Unit, nor does it abrogate the Employee’s right to Union
representation. To ensure that seasonal fire personnel are aware of whom their
representative(s) is, a notice containing this information will be included in their
orientation package. All Employees should make themselves aware of their Union
representative’s name and phone number prior to departing for a fire incident. The Union
will be provided official time, travel and per diem to represent a Bargaining Unit
Employee at a fire camp in accordance with the following Articles of this Agreement:
Article 37 – Grievances; Article 40 - Use of Official Time; Article 3 - Employee Rights;
and Article 4 - Union Rights.
For Employees who are assigned duties in support of a fire incident and will be in a travel
status in conjunction with this support, the Employee will be provided the following
contact information in writing:
1. Union Local telephone number;
2. Employee’s Supervisor’s work phone number;
3. Servicing Human Resource Services Office;
4. EEO contact telephone number; and
5. Fire Support telephone number for fire incident.
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SECTION 12.3 - GRIEVANCES
Article 37 of this Agreement will be used by any Employee, in which a grievable issue
develops, while on temporary assignment, to the fire incident. The Employee will be
allowed to either request a Union Representative in accordance with Section 12.2 of this
Article or may request an abeyance from his/her Supervisor until such time the Employee
returns to their normal duty station.
If the Employee has requested an abeyance for the deadline to file a grievance over a
grievable issue which occurred during the assignment to a fire incident, when the
Employee returns to his/her normal duty station the Employee has twenty-one (21)
calendar days to file a grievance on this incident. In the event that the aggrieved
Employee is reassigned to another fire incident away from their normal duty station
within twenty-one (21) calendar days of returning from the previous fire incident, the
requested abeyance will be continued until the Employee returns to their duty station.
SECTION 12.4 - ASSIGNMENTS
1. It is understood by the Parties that Employees assigned to support the BLM-
California response to a fire incident will be required to follow the directions of
the Incident Commander (IC). However, it will be the Employee’s assigned
BLM-California Supervisor who will determine when the Employee is to be
assigned to or released from the Fire Incident support assignment.
2. Fire personnel released from a fire incident support assignment will be granted a
rest prior to travel in accordance with governing law, rule and regulation. In
accordance with BLM Manual H-1112-2, Section 4.2, an Employee will not
exceed eight (8) hours of driving time (behind the wheel) during a sixteen (16)
hour duty period and at least eight (8) consecutive hours of rest, without duty, are
required prior to each duty period requiring driving.
SECTION 12.5 - RENTAL QUARTERS
Rental Quarters for Fire Personnel will be governed by applicable law, rule, regulation
and Article 25 of this Agreement.
SECTION 12.6 - HAZARD PAY
1. Employees working fire assignments will be paid hazard pay in accordance with
applicable law, rule and regulation. For definition of a prescribed fire becoming a
Wildland Fire see Standards For Fire and Aviation Operations, Department of the
Interior, Bureau of Land Management.
2. In accordance with 5 USC Chapter 71 the Union may request information
concerning hazard pay for Employees assigned to support the BLM-California
Fire Program which may include approved Prescribed Fire Plans.
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SECTION 12.7 - NECESSARY ERRANDS
It is recognized that for fire crews traveling on official business which includes but is not
limited to, travel to or from a fire assignment on short notice, it may be necessary to
perform such errands as stopping at an ATM to obtain cash for travel, fill a medical
prescription or purchase other items of necessity. Therefore, Fire personnel at the
discretion of their Supervisor may be allowed to conduct errands such as banking or
filling prescriptions, or the like when traveling on short notice in a government vehicle on
official duty. The use of a government vehicle for this purpose will be in accordance
with regulations which apply to the use of government vehicles.
SECTION 12.8 - QUALIFICATIONS AND TESTING
In accordance with the requirements of ASHA and Article 21 of this Agreement the
Employer agrees to provide medical and first aid personnel and supplies commensurate
with the hazards of the workplace.
To this end, the Employer further agrees that the methods and operating procedures for
administering the Work Capacity Tests for Firefighters will be such that personnel will
not be exposed to occupational safety/health hazards, except where such exposure is a
necessary part of the Employee’s official duties. When conducting Work Capacity
Testing the Employer agrees to take into consideration the environmental conditions,
location of the tests, and proximity to medical facilities when making a determination as
to the need and availability of qualified medical personnel.
SECTION 12.9 - TRAINING PROGRAM AND GUIDELINES
The Employer agrees that orientation packages and documentation provided to
Firefighters will not contain information that is contrary to the agreed to Articles of this
Agreement.
SECTION 12.10 - JOB HIRING FAIRS
The Union will be permitted to provide, at the Union’s cost, a professional Union
orientation materials package to the Employer. The Employer will provide the packages
supplied to the applicants who have been offered employment pending final drug testing
results. The Employer will not modify the Union orientation packages provided for this
purpose.
It is understood by the Parties if a formal meeting under 5 USC 7114(a)(2)(A) occurs at a
Job Hiring Fair the Union will be given an opportunity to be present.
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SECTION 12.11 - FIRE FIGHTER DETAILS, TEMPORARY REASSIGNMENTS
AND POSITION DESCRIPTIONS
The Employer will assign work to Fire personnel in accordance with applicable law, rule,
regulation and Articles of this Agreement when making work assignments to include
details and temporary reassignments (see Article 20). Prior to a Supervisor assigning
other duties than those normally assigned under the Employees current Position
Description, consideration will be given to the Employee’s ability to meet Firefighter
qualifications. The Parties recognize that the Employer may assign Fire personnel work
outside their normally assigned duties. (See Article 8)
SECTION 12.12 - SAFETY EQUIPMENT
In accordance with Article 21 of this Agreement the Employer agrees to provide
specialized safety equipment and personal protective equipment which is required for the
job. This includes but is not limited to such items as, helmets, clothing, gloves and boots.
SECTION 12.13 - NUTRITIONAL SUPPLEMENTS
The Parties recognize that the physical demands on a Firefighter at a fire camp or during
fire suppression activities are severe. Under these types of conditions proper nutrition is
essential to maintain physical energy and mental alertness. The Employer will ensure
that the nutritional value of food and drink provided to the Firefighter will be adequate to
maintain health, safety and performance during prolonged periods of arduous work. The
food and drink provided will be sufficient to properly address fatigue, dehydration, and
weight loss. Qualified persons based on the best available research and technology on
nutrition will establish appropriate nutritional values.
35
ARTICLE 13
EMPLOYEE REVIEW OF PERSONNEL FOLDER
SECTION 13.1 - GENERAL
Where authorized by regulations, Employees will be given copies of each document
placed in their Official Personnel File (OPF).
SECTION 13.2 - ACCESS TO FILES
Only duly authorized persons will have access to an Employee's OPF. It is agreed that an
Employee, upon oral request, or their designated representative, upon written approval by
the Employee, shall have the right to inspect the Employee's OPF and/or Employee
Performance Plan and Results Review file in the presence of a Human Resources Office
representative.
SECTION 13.3 - REMOVAL OF DOCUMENTS
When any item is removed from the Employee's OPF, those items will be given to the
Employee or destroyed, as appropriate. Employee records that are not maintained on a
permanent basis will be removed from the OPF in accordance with the Government
retention schedule, unless otherwise specified in this Agreement.
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ARTICLE 14
HOURS OF DUTY
SECTON 14.1 - ESTABLISHED ADMINISTRATIVE WORK SCHEDULE (5 CFR
610.121)
It will be the responsibility of the Employer to establish Employee hours of duty in
accordance with law, rule and regulation and in consideration of the completion of the
BLM mission and the Employee's needs. It is understood by the Parties that the BLM
mission will take priority in this consideration. If no other work schedule has been
established, the standard work schedule for full-time Employees will consist of five (5)
consecutive 8-hour days, forty (40) hours per week. Days off will normally be two (2)
consecutive days. Prior to making any work schedule change, the Supervisor will give
the Employee at least seven (7) days notice (except when the Agency would be seriously
handicapped in carrying out its function or the cost would be substantially increased)
including the reason(s) for any modification or change.
SECTION 14.2 - ALTERNATE WORK SCHEDULES (5 USC 6120-6128)
1. The Parties agree that Alternative Work Schedules (AWS) function to improve
work force efficiency and Employee morale while at the same time providing
maximum flexibility to meet the needs of the Employer and the Employees.
Alternate Work Schedules will be administered fairly and equitably to all
Employees and used in accordance with appropriate law and regulation. The
Parties agree that the approved AWS are the “flexible work schedules” of: maxi-
flex, gliding, variable day, variable week, and the “fixed” or “compressed work”
schedules of: 4-10 and 5-4/9 as defined in BLM-Manual 1400-610 and the
following three points apply for the proper accounting of employee time and
attendance when using this program:
a. Full time employees participating in the AWS program are accountable for
a minimum 80 (eighty) hours of work or leave per biweekly pay period. It
is an Employee’s responsibility to record his/her time accurately on the
Time and Attendance (Quick Time) System. Employees should report any
errors to their supervisor or time keeper for correction as soon as possible
after discovery of the error. Any amendments to the time and attendance
records must be made in a timely manner. Supervisors will ensure that
employees are informed if their time and attendance records are reset or
modified, as soon as possible.
b. To ensure accurate records of the arrival and departure times, the length of
the work day, and days worked, the Employer may implement an
appropriate time and attendance arrival and departure recording system as
required in 5CFR610.404. If implemented the system will:
37
i. Be applied uniformly to the maximum extent possible to all
bargaining unit employees working a flexible or compressed
work schedule. Any alterations to the system deemed necessary
by the Employer for certain groups of employees, such as, but
not limited to, firefighters or law enforcement rangers, will be
appropriately and substantively negotiated with the union and
will be uniformly applied to the identified subgroup of
employees. If the employer determines that it is necessary to
require BU employees working fixed schedules to participate in
the time and attendance recording system, the Union will be
provided with the reasons in writing, and allowed the opportunity
to bargain. The requirement for time and attendance accounting
will, in all such cases, be uniformly applied;
ii. Not be any more difficult or restrictive for bargaining unit
employees or a subgroup of bargaining unit employees than any
system used for non bargaining unit employees or other
bargaining unit employees, respectively;
iii. Not be used to single out bargaining unit employees or union
members or officials, nor be used as a punitive measure, except
in circumstances where abuse of time and attendance is
documented and supported by substantiated factual data;
iv. Accurately and uniformly record the arrival and departure time
of each employee working a flexible or compressed work
schedule;
v. Not be subject to delay in recording times;
vi. Not be used to record authorized rest breaks or required safety
breaks;
vii. Ensure that employees are paid for all time worked;
viii. Allow for data entry to be accomplished during duty hours,
including any wait time for system startup;
ix. Ensure that supervisors have an accurate accounting of hours
worked by an employee at all times during the biweekly pay
period for use by them in authorizing credit hours, compensatory
time, overtime or for determination of “suffer and permit”
situations;
x. Protect against power failure or loss of network connectivity, if
an electronic system is implemented;
38
xi. Allow for appropriate pay to employees subject to “call back” or
other payroll situations; and
xii. Be implemented only after appropriate negotiation with the
Union (e.g., I & I) once a system is chosen or developed.
2. An employee who is in travel status attending training, conferences, or
performing other work related activities off-site, and who works an alternative
work schedule, may remain on that schedule for the duration of the activity
provided the employee is able to work according to that schedule and complete
eighty (80) hours during the pay period. If not, the employee must change to a
compatible schedule temporarily, as determined by the Employer, or request and
receive approval for leave, credit hours, comp time or overtime, as appropriate,
for incompatible hours.
a. If an Employee applies for any approved AWS, the Supervisor has seven
(7) calendar days to review the request and approve or disapprove it. A
basic work week change request form (BLM Form 1400-72) will be
submitted to his/her immediate Supervisor. The Supervisor has the
authority to disapprove an individual request when the work requires a
particular schedule. A request will not be unreasonably declined and may
be grieved in accordance with the Negotiated Grievance Procedure. If
disapproved and the Employee requests a detailed explanation for
declining his/her request, the Supervisor will furnish it in writing within
three (3) work days of the request.
b. The standard flexible time band for all AWS schedules Statewide is from
6:00 a.m. to 6:00 p.m. and the standard State wide core hours are 9:30 a.m.
to 11:00 a.m. and 1:00 p.m. to 2:30 p.m. This does not preclude a Field
Office Manager or individual Supervisor from negotiating other times.
c. Full-time Employees on a maxi-flex schedule must work the core time
bands three (3) days per week and meet an 80-hour basic work
requirement. Part-time Employees on a maxi-flex schedule must work the
core time bands three (3) days a week and meet his/her part-time work
schedule. To the extent permitted by the work situation the Supervisor
will permit Employees to schedule the above three days a week to best
meet the Employees' individual needs. The Supervisor makes the final
determination.
d. If the Supervisor and Employee cannot agree on the three (3) specific core
days per week, the Supervisor will designate the three (3) required core days,
based solely on the workload consideration. Unless otherwise required by
workload considerations the Supervisor will normally schedule no more than
two (2) core days per pay period on Monday or a Friday. The Supervisor will
39
normally provide seven (7) days notice to the Employee prior to implementing
changes in core days. Core day changes will be effective the first day of the
new pay period after the notification.
e. If the Employer determines it is necessary to change or terminate AWS
because the specific schedule used affects the productivity; level of direct
or indirect services furnished internally or externally; or cost of
operations, other than reasonable administrative costs, this must be
accomplished in accordance with 5 USC 6131. The Union will be
provided written documentation detailing the specific reasons for the
change or termination at least fourteen (14) days prior to the effective date
of the change or termination.
f. For an Employee approved to use a 5-4/9 or 4-10 schedule his/her "short"
day and/or "off” day will be scheduled in accordance with this Article. At
the request of an Employee, the Supervisor may approve a temporary
change in the scheduled "short" and/or "off” day during a pay period,
subject to work demands.
g. If it is determined by the Supervisor that an Employee is abusing the AWS
to which they are assigned, the Supervisor will:
i. meet with the Employee and Union representative to
explain the Supervisor’s findings;
ii. give the Employee two (2) pay periods to improve,
if no improvement is shown and the Supervisor
has appropriately documented the Employee’s
abuse, the Supervisor may then:
(1) restrict the Employee's choice of arrival and
departure time;
(2) restrict the Employee's use of credit hours; or
(3) exclude the Employee from such programs;
and
(4) After a period of six (6) months the
Employee may request to be reinstated to an
AWS. This request will not be unreasonably
declined and may be grieved in accordance
with the Negotiated Grievance Procedures
(Article 37).
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SECTION 14.3 - FIRST FORTY SCHEDULES
When an Employee's working hours are irregular and it is impractical to pre-schedule a
regular schedule of defined hours of duty for each work day of a regularly scheduled
administrative work week, the Employee may request of the Supervisor, that a First Forty
schedule be initiated. If determined appropriate by the Employer a First Forty tour of
duty will be established for the Employee in accordance with 5 CFR 610.111(b).
SECTION 14.4 - CREDIT HOURS - COMPENSATORY TIME - OVERTIME
1. Credit Hours - Employees working under a flexible work schedule who work
beyond 80 hours in a pay period may earn credit hours at the rate of one credit
hour for each hour over 80 hours worked in a biweekly pay period. Earning and
using credit hours shall be governed by applicable law, government-wide rule or
regulation, and DOI policy. The earning and use of credit hours shall be
consistent with the following points:
a. An employee may earn or use credit hours when approved to do so by a
management official. Except under special circumstances and in
accordance with DOI policy an employee must request to earn or use
credit hours by contacting their immediate supervisor or other official
designated by the supervisor or the employer to approve such requests.
Except under special circumstances, an employee must request to earn or
use credit hours reasonably in advance of the intended duty or non-duty
time. The supervisor or other designated official will grant or deny an
Employee’s request subject to the Employer’s mission requirements and
with due consideration of the Employee’s personal needs.
i. Special circumstances are defined herein as all emergency
situations wherein the employee elects to earn credit hours and
non emergency situations such as, but not limited to:
(1) field situations where additional time spent on a task would
alleviate a return to the field at a later date which could
result in added time and expense to the Agency and seeking
prior approval for earning credit hours is not a readily
available option;
(2) field or office situations where an employee is engaged in a
meeting called by management or a meeting with a member
of the public or another agency and termination of the
meeting due to no prior approval to earn credit hours would
not be professionally appropriate;
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(3) termination of travel would result in unnecessary additional
expense to the Agency, not withstanding safety
considerations;
(4) the supervisor or designated management official is in
attendance at an event/meeting/field and does not
specifically excuse the employee in a timely fashion
resulting in a so-called “suffer and permit” situation and the
employee elects to earn credit hours in lieu of
compensatory time or overtime;
ii. To facilitate the above, it is agreed that:
(1) each immediate supervisor of bargaining unit employees
will designate a management official to grant the earning of
credit hours in their absence;
(2) under special circumstances the earning of credit hours may
be approved after the fact, if a request is submitted to an
appropriate management official within three working days
of the incident;
(3) the supervisor (agency) will grant or deny the earning of
credit hours on an individual basis only (i.e., no blanket
statements or decisions). The supervisor will respond in a
timely manner;
(4) procedures for requesting the earning or use of credit hours
will follow the procedures for the earning of compensatory
time or overtime or the use of annual or compensatory time
found in other appropriate Articles of this agreement, such
as Article 16, and appropriate established Departmental
policy and procedure;
(5) employees will schedule and use available credit hours
prior to use of annual or compensatory time; and
(6) the earning or use of credit hours, or denial, will not be
used to single out bargaining unit employees or Union
members or officials.
iii. Any hours authorized by the Employee’s supervisor to be
worked in excess of the twenty-four (24) credit hours allowed the
employee shall be treated as overtime/compensatory time, as
appropriate.
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iv. It is both the supervisor’s and employee’s responsibility to
ensure proper time accounting.
2. Employees who meet the requirements for compensatory time or overtime will be
appropriately compensated in accordance with law and regulation.
3. Credit hours, overtime and compensatory time will be administered fairly and
equitably to insure all qualified Employees have an equal opportunity to
participate.
4. If the Supervisor requires an Employee to work outside the normally assigned
duty hours and workdays when appropriate the Employee will be compensated
with overtime or compensatory time in accordance with all applicable law, rule,
regulation and Article 17 of this Agreement.
5. Overtime pay and/or Compensatory time off will be at the election of the
Employee. Compensatory time off may be administratively required in lieu of
overtime pay for Employees whose rate of pay for basic compensation is in
excess of the maximum scheduled rate of GS-10. Employee(s) will earn credit
hours at their discretion.
6. The Supervisor will not adjust an Employee's work schedule for the sole purpose
of avoiding overtime or other premium or extra compensation other than as
allowed in this Article.
7. An Employee’s opportunity to use compensatory time will expire after twenty six
(26) pay periods from the pay period in which it was earned. FLSA exempt and
non-exempt Employees will be paid for unused compensatory time in accordance
with Agency policy and 5 CFR 550.114(d).
8. When an Employee earns compensatory time, compensatory time should first be
used before the use of accrued annual leave.
9. Work in excess of eight (8) hours in a day or forty (40) hours in a week shall be
considered overtime except for AWS, as specified under each program definition.
Employees called in to work outside his/her basic work week shall be guaranteed
a minimum of two (2) hours of overtime pay. The Employer will equitably
distribute and rotate overtime assignments among qualified Employees.
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SECTION 14.5 - ADMINISTRATIVELY UNCONTROLLED OVERTIME (AUO)
The Employer may pay premium pay on an annual basis to an Employee in a position in
which the hours of duty cannot be controlled administratively and which requires
substantial amounts of irregular or occasional overtime work, with the Employee
generally being responsible for recognizing, without supervision, circumstances which
require the Employee to remain on duty. If the Employer determines premium pay on an
annual basis is appropriate this will be accomplished in accordance with 5 CFR 550.151-
164.
SECTION 14.6 - UNCOMMON TOUR OF DUTY (5 CFR 610.121(b)(2))
When a Supervisor becomes aware in advance of the administrative work week that the
specific days and/or hours of a day actually required of an Employee in that
administrative work week will differ from those required in the current administrative
work week, he/she may reschedule the Employee's regularly scheduled administrative
work week to correspond with those specific days and hours. The Supervisor will inform
the Employee of the change, and he/she shall record the change on the Employee's time
sheet and in writing to the Employee.
SECTION 14.7 - REST BREAKS
Rest breaks will be fifteen (15) minutes in duration approximately midway through start
of shift and lunch period and approximately midway between end of lunch period and
end of work. Rest breaks will be twenty (20) minutes for work days longer than eight (8)
hours. Additionally, a fifteen (15) minute rest period is appropriate within each four (4)
hour period of overtime worked. Employees shall be allowed to take the rest break away
from the immediate work area. Rest breaks are paid time and may not be used to lengthen
the lunch period, shorten the work day, or in conjunction with leave. An Employee is
encouraged to take their break periods away from the work station.
Employees working a First Forty work schedule will be given rest breaks equivalent to
ten (10) minutes for each two (2) hours worked.
SECTION 14.8 - MEAL PERIODS
1. Meal periods must be at least one-half hour and no more than one hour
approximately half way through the Employee’s shift. However, to meet
workload requirements, Supervisors may negotiate meal periods outside the norm
for individuals or groups of Employees. All Employees on a flexible work
schedule may extend the lunch period with the Supervisor's prior approval
provided work requirements are met, and the required number of hours are
accounted for in the Employee's work schedule. Employees on other work
schedule(s) may with Supervisor approval take an extended lunch period on a
case-by-case basis.
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2. Employee's working six (6) hours or less may have the lunch period waived.
3. Normally time established for an Employee's lunch break will not be
compensable. If the Employee is required to perform official duties during
his/her scheduled meal period and a meal period is not taken, the Employee would
qualify for compensation for that meal period. In this instance the time and
attendance report will be annotated in the remarks section.
SECTION 14.9 - CHANGES IN WORK SCHEDULES
Except for uncommon tour of duty as provided for in this Article and consistent with
Section 14.1 of this article, under normal circumstances the Employer will give the
Employee at least seven (7) days written notice prior to changing an Employee's work
schedule, including the reason(s) for the change.
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ARTICLE 15
FLEXIBLE WORKPLACE
(FLEXIPLACE)
SECTION 15.1 - GENERAL
The Parties recognize that a Flexible workplace (“Flexiplace”) arrangement can be
beneficial to the organization and the Employee. The objective of a Flexiplace
arrangement is to allow Employees to work at alternative worksites on a regularly
scheduled basis when it is to the benefit of the Agency and Employee. Participation in a
Flexiplace arrangement is not an Employee right; however, the Employee may request
Management’s consideration in the establishment of a Flexiplace arrangement. The
Employer may propose a Flexiplace for Employees, however, participation in a
Flexiplace arrangement at the Employee’s home is voluntary. The Employer will make
the final determination as to the location where work will be accomplished. Unscheduled
or occasional performance of work by Employees at an alternative work site is not
Flexiplace but may be arranged between the Employee and Supervisor to accommodate
short term needs. Flexiplace arrangements must be developed and implemented in
accordance with OPM and DOI/Bureau guidelines.
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ARTICLE 16
LEAVE
SECTION 16.1 - ANNUAL LEAVE GENERAL
The use of annual leave is a right of the Employee in that the Employee is either given an
opportunity to use the annual leave, or to the extent permitted by law is paid for it at the
time of separation. Supervisors will consider the Employee’s desire and personal
convenience as well as workload considerations when granting leave. Supervisors will
not make arbitrary decisions to deny leave or use leave policy to address budget
shortfalls. The final determination as to the scheduling and the amount of annual leave
granted at any specific time is made by the Supervisor authorized to grant leave.
SECTION 16.2 – SCHEDULING/CANCELING/DENIAL OF ANNUAL LEAVE
1. An Employee shall submit a request for annual leave to the immediate Supervisor
as far in advance of its proposed start as practical. A Supervisor may require
submission of a Standard Form (SF) 71 for leave requests in excess of five (5)
consecutive days.
2. A Supervisor may require Employees under his/her direction to indicate annually
or at other useful intervals, such as semi-annually or quarterly, their plans or
tentative plans for vacation or other annual leave use of one week or more.
a. When a yearly leave schedule is requested from the Employee the
requested leave schedule will be considered by the appropriate Supervisor
or Manager and responded to within fifteen (15) calendar days after
submission of the request. For semi-annual or quarterly requests for leave
schedules by the Supervisor/Manager and unsolicited requests for leave
from the Employee, the Supervisor or Manager will respond within three
(3) calendar days. If no written approval has been granted within these
time frames, the Employee may request consideration of the matter by the
second level Supervisor, which would be decided within two (2) calendar
days.
b. Employees should be permitted to exercise his/her entitlement for all leave
requested or approved in advance. The Employer may deny a leave
request or cancel approved leave. Leave must not be denied or cancelled
for arbitrary or capricious reasons. Denial or cancellation of leave is not
disciplinary and must not be used as a punitive measure.
c. Denial of a leave request by the Employer needs to be based on the
necessity for the Employee’s services. Valid operational reasons should be
the basis for the denial of leave. Examples of valid operational reasons
include the following factors: lack of personnel to perform work;
47
anticipated work assignments; and similar contingencies which are known
to Management when leave was requested.
i. The following criteria will be used when making the decision to
cancel previously approved leave:
(1) unanticipated changes to workload;
(2) mission critical nature of the workload;
(3) whether the workload can be cancelled or be rescheduled
until the Employee returns to duty; and
(4) whether the workload can be reassigned to another
Employee within or outside of the office for the period of
time necessary to accomplish the workload.
ii. The Employee’s desire and personal convenience must be
considered by the Supervisor when making the decision to deny
the Employee request for annual leave or cancel previously
approved annual leave.
d. When an annual leave request is denied or approved leave cancelled, the
reasons for this action will be communicated to the Employee in writing at
the time the action is communicated to the Employee.
e. Any denial of a leave request or cancellation of approved leave will be
grievable. (see Article 37)
SECTION 16.3 - CONFLICTS OVER SCHEDULING ANNUAL LEAVE
Procedures for resolving conflicts over leave scheduling will be negotiated with the
appropriate Union Local for specific organizational units such as the State Office
Divisions, District Office or Field Office. In the absence of a negotiated procedure for a
specific organization the following procedures will be used:
1. When Employees with similar work requirements submit leave requests within
the same administrative work week and the Employer is unable to accommodate
each Employee and the conflict cannot be resolved by mutual agreement, a lottery
will be held between Employees with the conflicting dates.
2. An Employee with an approved leave schedule will not be impacted by another
Employee’s subsequent leave request.
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SECTION 16.4 - CHANGES TO ANNUAL LEAVE SCHEDULES
Once an Employee has made their leave selection, they shall not be permitted to change
this selection when such change will disturb the choice of another Employee. An
Employee will be permitted to change their selection when it does not disturb the choice
of another Employee and workload permitting.
SECTION 16.5 - CALL-IN PROCEDURE FOR REQUESTING UNSCHEDULED
ANNUAL LEAVE
Employees should request emergency/unscheduled annual leave by contacting their
immediate Supervisor, or other persons designated by Management to receive such
requests.
1. Normally a request for unscheduled annual leave will be by telephone at the
beginning of or as soon as possible after the start of the Employee’s regular shift
and provide reasons for the request. Under normal circumstances this call will be
no later than one hour after the start of his/her regular shift or by the start of the
established core time when working a work schedule such as Maxi-flex which
requires the Employee’s presence during core times.
2. If the Employee is unable to reach his/her Supervisor or their designee because of
his/her absence from the work area the Employee will leave a message on the
Supervisor’s voice mail or with the person answering the phone. This message
will identify the duration of the Employee’s intended absence and a phone
number where the Employee can be contacted.
3. In cases where an Employee is unable to obtain Supervisory approval for leave
prior to taking it, and the Employee has left a message on the Supervisor’s voice
mail or with the Employee answering the phone, the Supervisor will contact the
Employee within one hour of the Employee leaving the message if the leave
cannot be granted. If the Supervisor does not call the Employee within one hour
of the Employee leaving the message, the Employee can assume that the
requested leave has been granted for that day.
An Employee’s unscheduled absence and failure to follow the above procedures may
result in the Employee not being granted the requested annual leave.
Approval or denial of an Employee’s unscheduled annual leave request will be based on
consideration of workload, the Employee’s desire and personal convenience. Leave
denial can be grieved.
SECTION 16.6 - ACCRUAL/AVAILABILITY OF ANNUAL LEAVE
Annual leave to be accrued during the leave year becomes available to the Employee on
the first leave day of the year.
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SECTION 16.7 - LEAVE FOR DEATH OF IMMEDIATE OR NON-FAMILY
MEMBER
In case of death in the immediate family, the death of a relative or a non-family member,
annual leave or leave without pay will be granted in accordance with applicable law and
regulation.
SECTION 16.8 - LEAVE FOR RELIGIOUS HOLIDAY
Leave will normally be approved for any work day which occurs on a religious holiday
associated with the religious faith of the Employee, unless the granting of such leave
would adversely affect accomplishment of mission requirements. Once leave for a
religious holiday has been approved, the validity of a religious holiday will not be
questioned.
SECTION 16.9 - LEAVE FOR INTERNAL UNION FUNCTIONS
An Employee who is a Steward or Union Official will be granted annual leave to attend
internal Union functions, which are not covered by Official Time. Notice will be
required as far in advance as practicable and such leave will be approved subject to
workload considerations.
SECTION 16.10 - SICK LEAVE
1. Employees shall earn and be granted sick leave in accordance with applicable
law, regulation and the provisions of the following sections of this Article. Sick
leave will become available for use at the beginning of the pay period during
which it is earned. Sick leave requests shall be approved for Employees when
they are incapacitated for performance of their duties by sickness, injury,
pregnancy, confinement for medical reasons, medical, dental, or optical treatment
or examination, or when a member of the Employee’s immediate family is
afflicted with a contagious disease, which will jeopardize the health of others.
2. An Employee who is not able to report to work due to illness shall contact their
immediate Supervisor or designee as soon as possible, but not later than one hour
after the start of the Employee’s work shift or by the start of the established core
time when working a work schedule such as Maxi-flex which requires the
Employee’s presence during core times. The request shall advise the Supervisor
of the expected duration of the absence (up to three (3) days), and provide the
reason(s) for the request.
3. If the Supervisor, or their designee, are unavailable to receive the message from
the Employee, or if the Employee is unable to make the call, their designee will
leave a message on the Supervisor’s voice mail or with the person answering the
phone and inform them of the reason and duration of their absence. This contact
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by the Employee is sufficient for approval of sick leave for the day unless the
Supervisor reaches the employee within one hour of the employee’s contact.
4. If the Employee is absent for more than one day he/she will call in daily unless
prior arrangements are made by talking directly with the Supervisor or Acting
Supervisor.
5. The Supervisor will relieve the Employee of the requirement to call in and request
sick leave upon receipt of medical documentation from the treating physician or
physician’s assistant stating that the Employee is incapacitated for duty and may
not return to work until a specified date. Approval of sick leave for prearranged
medical appointments will be secured from the Supervisor in advance of the
absence, except in emergency situations.
6. Employees will not be required to discuss work assignments while on sick leave.
SECTION 16.11 - DOCUMENTATION FOR SICK LEAVE OF MORE THAN 3
DAYS
1. Medical documentation as defined in 5 CFR 630.201(5) may be required for
periods of sick leave in excess of three (3) consecutive work days. When an
Employee is out for more than three (3) consecutive work days and:
a. attended by a physician or other practitioner, a medical certificate from the
treating physician or practitioner will be required; or
b. not attended by a physician or other practitioner, the Employee’s personal
written statement as to the nature of the illness and that the Employee was
incapacitated for duty will be accepted, except as set forth in procedures
for correction of sick leave abuse.
SECTION 16.12 - IDENTIFICATION AND CORRECTION OF SICK LEAVE
ABUSE
1. An Employee will not be required to furnish a medical certificate to substantiate a
request for three (3) consecutive work days or less of sick leave unless there is a
documented reason to believe the Employee is misusing sick leave or a trend of
abusing sick leave develops. Trends of sick leave abuse include but are not
limited to the examples below:
a. absence after paydays;
b. sick leave before or after holidays;
c. Monday-Friday sick leave, consecutive work days;
d. absences during heavy workloads or undesirable duties;
e. intermittent sick leave use of short duration with vague excuses; and
f. sick leave being used as soon as it is accrued.
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2. Employees will not be placed on sick leave abuse procedures solely on the basis
of a mechanized leave usage report that indicates the Employee’s use of sick
leave is abnormal. A low sick leave balance alone may not be reason for
considering an Employee a leave abuser. The Supervisor must consider if the low
balance was caused by extended or lingering illness and/or recovery from surgery
or accident.
a. Where the Supervisor suspects that an Employee may be abusing sick
leave, the Supervisor is encouraged to discuss with the Employee that
he/she has a questionable sick leave record and the reasons therefore. The
Supervisor is encouraged to allow the Employee a reasonable time to
provide acceptable reasons, which may include acceptable medical
documentation, to justify the Employee’s suspected abuse.
b. If it is determined by the Supervisor the Employee is abusing sick leave
rights, the Supervisor may provide a written letter of counseling to the
Employee with respect to the use of sick leave. If a letter of counseling is
provided under this Section it will normally be in effect for no more than
ninety (90) calendar days. If a second letter of counseling concerning sick
leave abuse is issued to the Employee within one year of the date of
issuance of the initial counseling letter for abuse, the second letter may be
in effect for up to one year.
c. If the Employee is placed on sick leave restriction, the Employee will be
given written notification requiring the Employee to provide medical
certificates for all absences for which sick leave is requested. This notice
must contain justification as to why the Employee was given the
additional requirement, such as stating the number of hours of sick leave
used in a specific period, the Employee’s sick leave pattern and balance,
etc. This notice will state that sick leave must be requested on the first day
of the absence and every additional day of absence, unless the Supervisor
expressly relieves the Employee of this requirement. The Supervisor will
relieve the Employee of this requirement only upon receipt of medical
documentation from the treating physician or other practitioner stating the
Employee is incapacitated for duty and may not return to work until a
specified date. The requirement to furnish medical certificates, once
imposed, will be reviewed at least every six months to determine if it
should be continued or canceled. The Supervisor should take care to be
firm, fair, and consistent not only in resolving sick leave abuse but in all
aspects of sick leave administration.
d. The above counseling and/or imposition of sick leave restriction is
grievable.
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SECTION 16.13 - ADVANCE SICK LEAVE FOR SERIOUS DISABILITY OR
ILLNESS
In accordance with applicable law and regulations in cases of serious disability or illness
Employees may be advanced sick leave. A request for advance sick leave will be made
by the Employee in writing, and it will include a certificate from a competent medical
authority describing why the Employee should be granted the absence and the doctor’s
professional opinion as to the Employee’s expected ability to return to duty following the
absence. These requests will be approved or disapproved in writing. If disapproved, the
Employee will be given a copy of the reasons in writing. An advance of sick leave is not
granted if it is considered likely that the Employee will not return to duty for a sufficient
period to time to earn the leave. If denied, the Employee may appeal the decision to the
State Director or their designee.
SECTION 16.14 - MATERNITY AND PATERNITY ABSENCE
When pregnancy, childbirth, and recuperation cause her absence, the Employee’s absence
will be treated as any other temporary medical condition. Sick leave, annual leave, and
leave without pay, within restrictions appropriate to each, may be used for her “Maternity
Leave”. Leave use connected with the use of sick leave, annual leave, and leave without
pay by the father for the birth of the child will be in accordance with the Family and
Medical Leave Act and the Family Friendly Leave Act, as amended (See Section 16.15).
Therefore, a male or female Employee may be authorized appropriate leave for the birth
of a son or daughter or the care of a son or daughter.
SECTION 16.15 - FAMILY AND MEDICAL LEAVE ACT and FAMILY
FRIENDLY LEAVE ACT
The Parties agree that it is important to balance the demands of the workplace with the
needs of the family. Therefore, in accordance with both the Family and Medical Leave
Act (1993) and the Family Friendly Leave Act (1994), as amended, leave will be
provided.
1. The Family Friendly Leave Act, provides for an Employee’s use of sick leave to
care for family members who are in the following categories:
a. spouse, or parents thereof;
b. children, including adopted children and spouses thereof;
c. parents;
d. brothers and sisters, and spouses thereof; and
e. any individual related by blood or affinity whose close association with
the Employee is the equivalent of a family relationship.
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2. The Family and Medical Leave Act provides for an Employee’s use of up to a
total of twelve (12) administrative work weeks of unpaid leave during any 12-
month period for one or more of the following reasons:
a. the birth of a son or daughter of the Employee and the care of such son or
daughter;
b. the placement of a child with the Employee for adoption or foster care;
c. the care of a spouse, son, daughter, or parent of the Employee, if such
spouse, son, daughter, or parent has a serious health condition; or
d. a serious health condition of the Employee that makes the Employee
unable to perform the essential functions of his or her position.
3. An Employee may elect to substitute annual leave for any or all of the period of
time leave is granted under (a) and (b) above.
4. In accordance with the Family Medical Leave Act, Employees may schedule and
should be granted the use of up to twenty-four (24) hours Leave Without Pay
during any 12-month period for: 1) a parent or guardian to visit and analyze a day
care facility; 2) participate in school activities directly related to the educational
advancement of a child; and 3) allow Employees to accompany an elderly relative
to routine medical or dental appointments or other professional services related to
the care of the elderly relative such as, making arrangements for housing, meals,
phones, banking services, and other similar services.
5. It is understood by the Parties to this Agreement that this Article does not
diminish any Employee’s leave entitlements provided by law, provide entitlement
to paid time off in an amount greater than authorized by law or provide sick leave
in any situation in which sick leave would not normally be allowed by law or
regulation.
SECTION 16.16 - ADMINISTRATIVE LEAVE FOR EXCUSED ABSENCE
An administratively excused absence is an absence from duty authorized by the Employer
without loss of pay and without charge to leave. The Employer’s administrative authority
to excuse Employees normally will not be used for extensive duration or for periods of
interrupted or suspended operations ordinarily covered by scheduling annual leave,
furlough, or assignment of other work.
1. In accordance with law, rule and regulation the Employer may administratively
excuse an Employee’s absence from work for a variety of reasons, such as,
voting, donating blood, jury or military duty and to participate in public activities
and tardiness.
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2. This Article does not limit the Employer’s authority to excuse Employees on
administrative leave for emergency shutdown due to weather, power outages or
other reasons described in law or regulation or deny an excused absence to an
Employee.
SECTION 16.17 - LEAVE WITHOUT PAY (LWOP)
1. Granting of LWOP will be at the Employer’s discretion and is not the Employee’s
entitlement. Exceptions to this are disabled Veterans who have provided
acceptable medical documentation showing a need for medical treatment relating
to the disability, Reservists or National Guardsmen reporting for certain types of
active duty and Employee entitlements under the Family and Medical Leave Act.
Absent the exceptions identified above, the granting of LWOP at the Employee’s
request will only be considered by the Employer if the Employee’s absence from
work will not seriously interfere with efficient accomplishment of the work of the
Bureau and the Employee definitely plans on returning to work.
2. Employees who do not have leave to their credit and wish to take leave for
emergencies or other necessities may be granted LWOP upon request. Procedures
found in Section 16.2 of this Article will be followed when requesting, denying or
granting LWOP.
3. Employees may also be granted LWOP on request if they have leave to their
credit, but for valid reasons choose not to take it. LWOP may also be granted on
an extended basis for educational purposes and while awaiting action on a
retirement or an OWCP claim.
SECTION 16.18 - COURT LEAVE
1. Court Leave is an Employee’s authorized absence from work status, without
charge to leave or loss of pay. Court Leave may be authorized when summoned
as a juror or as a witness or to present records at judicial proceedings. An
Employee’s entitlement to Court Leave will be determined in accordance with
law, rule and regulation.
2. As soon as an Employee receives written notice that he/she must attend a judicial
proceeding, the Employee must submit a copy of the notice to his/her Supervisor.
3. Intermittent Employees and Employees on LWOP may receive and retain jury
fees since they are not entitled to Court Leave or reimbursement of travel
expenses. Employees who would otherwise be in leave or duty status must refund
court fees received in accordance with applicable regulation. This is understood
to mean an Employee may be authorized to retain that portion of the fee identified
by the Court as expenses such as fees for mileage reimbursement for use of a
privately owned vehicle, lodging and meals.
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SECTION 16.19 - LEAVE SHARING
An Employee affected by a medical emergency may make written application to his/her
immediate Supervisor or leave approving official to become a leave recipient. If the
Employee is not capable of making an application, due to physical or mental impairment,
a representative may in writing make application. Upon receipt of an application to
receive transferred annual leave, the Employee’s immediate Supervisor will verify and
validate the employment information contained in the application. The application must
be returned to the applicant normally no later than the following work day if correction or
additional information is required. If no further information is necessary the application
will be processed immediately. A medical emergency means a medical condition of an
Employee or a family member of such Employee that is likely to require an Employee’s
absence from duty for a prolonged period of time and to result in a substantial loss of
income to the Employee because of the unavailability of paid leave. An Employee may
appeal the denial or lack of action concerning the application to the District Manager or
State Director as appropriate to the Bargaining Unit.
SECTION 16.20 - OTHER LEAVE CATEGORIES
Other categories of leave may be granted in accordance with appropriate statutes and
regulations, such as Military Leave. Request for these types of leave may be made in
writing through submission of a SF-71 as far in advance as possible to the immediate
Supervisor. Reasons for disapproval or adjustments necessary to meet the needs of the
Employer will be discussed with the Employee and, if requested, documented in writing.
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ARTICLE 17
PAY AND TRAVEL
SECTION 17.1 - REPORTS, HOT LINE, PAYCHECKS AND BACK PAY
1. The Employer agrees to provide accurate and timely reports of time and
attendance for pay purposes to the National Business Center (NBC).
2. Employees may contact the NBC Payroll Hotline for problems or questions.
3. Upon request, the Employer will assist any Employee who does not receive a
paycheck by Friday afternoon following the scheduled payday.
4. Back pay will be paid in accordance with 5 CFR 550 Subchapter H. (see
Appendix I)
5. The Employer in accordance with applicable law, regulation or policy will work
with an Employee concerning pay garnishment for such issues as, but not limited
to, child support and alimony.
SECTION 17.2 - PROCEDURES AND POLICY
1. Management agrees to follow all current laws, regulations and policies covering
travel and Official Time to include 5 CFR 610.123:
2. “Insofar as practicable travel during non-duty hours shall not be required of an
Employee. When it is essential that this be required and the Employee may not be
paid overtime under 5 CFR 550.112(e) of this chapter the official concerned shall
record his reasons for ordering travel at those hours and shall, upon request,
furnish a copy of his statement to the Employee concerned.”
3. When on official travel, Employees will not be required to secure non-funded
lodging at the private residence of a friend, relative or co-worker. Additionally,
Employees will not be required to share a room (government provided lodging),
unless it is beyond Management’s control (e.g., two rooms and 3 Employees).
4. Use of privately owned vehicles (POV) may be authorized for government travel
in accordance with Article 28 of this Agreement.
5. Overnight domicile of a government vehicle may be permitted in accordance with
Article 28 Section 28.6 of this Agreement when requested in advance and
authorized by the Employee’s Supervisor or appropriate Management official.
6. In accordance with Section 17.2(a) above, in so far as practicable the Employer
will attempt to minimize the number of Employees required to travel during non
duty hours.
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In accordance with applicable law and regulation an Employee will be
appropriately compensated if the Employee is directed or authorized by their
Supervisor to travel during non-duty hours.
SECTION 17.3 - COMPENSATION FOR TRAVEL EXPENSES
1. Employee(s) will be compensated for required travel outside of their normal
working hours pursuant to Title 5 Code of Federal Regulations.
2. Employee(s) will be properly compensated for travel expenses such as lodging,
food, telephone calls, vehicle rentals, etc., by the Employer if travel was properly
authorized and the Employee incurred expenses are authorized by appropriate
law, regulation or policy.
3. An Employee may be authorized per diem allowance of ¾ of the maximum
allowable per diem rate for the locality for one day assignment(s) and may submit
a travel reimbursement voucher when all three of the following criteria have been
met:
a. travel was outside a fifty (50) mile radius from their assigned duty station;
b. duration of the trip was for more than twelve (12) hours; and
c. the travel was authorized by their Supervisor or appropriate Management
Official.
In accordance with applicable law, regulation or Bureau policy an exception to
the fifty (50) mile radius from the Employee’s assigned duty station may be made.
SECTION 17.4 - TRAVEL CHARGE CARD USE BY THE EMPLOYEE
1. Employees will be authorized to use their Government Travel Charge Card to pay
expenses incurred while traveling only when the Employee’s Supervisor or
appropriate Management Official has properly authorized the Employee’s travel
and the expenses incurred were in accordance with current law, regulation or
policy. The Employer agrees to follow all law, regulation, and Agency policy
concerning travel reimbursement to include 5 CFR 581 and 582.
2. Employees are not authorized use of a government charge card for travel without
prior approval of their Supervisor or appropriate Management Official for the
travel.
3. The Employer will make available to each Bargaining Unit Employee the current
procedures for the use of the Government Travel Charge Card. The Employer
will notify the Union and meet its obligation to bargain under 5 USC Chapter 71
if changes to the current Government Travel Charge Card procedures are made.
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4. The Employer will provide the necessary support for Employees to receive timely
reimbursement for authorized travel costs incurred in the performance of their
duties. The Employee will not be held responsible for late charges or penalties
incurred if an error in necessary payment to the Government Travel Charge Card
provider resulted from untimely processing of a travel voucher by the Agency.
5. Travel authorizations, verbal or written, will be issued in time for the Employee to
make appropriate travel arrangements.
6. When the Employee is required by the Employer to make payments to the
Government Travel Charge Card provider for Employer authorized expenses
incurred in connection with travel in the performance of their assigned duties, the
Employer will make available to the Employee, the use of government mail. A
properly sized government envelope addressed by the Employee is required.
7. The Employer will provide an opportunity to Employees who have their salary
electronically paid to have their travel reimbursement electronically paid to
another bank account. It is understood by the Parties to this Agreement that this
policy may be changed by the National Business Center. If this occurs the
Employer will notify the Union and meet its obligation to bargain under 5 USC
Chapter 71.
SECTION 17.5 - TRAVEL CHARGE CARD USE BY THE UNION
1. Both parties are responsible for maintaining the reasonable expenditure of
government travel and per diem funds for Union travel associated with
representation of the bargaining unit. To meet this responsibility the Employer
shall pay Union travel and per diem for representational purposes up to $8000.00
per fiscal year for the duration of this contract; unused portions of this yearly
allowance not to be carried forward into the next fiscal year. This $8,000.00
funding will cover reasonable travel and per diem costs in connection with
proceedings of the negotiated Grievance Procedure and travel costs associated
with: disciplinary replies; mid-term negotiations instigated by the Union and such
preparation for and participation in this bargaining; and, costs for use of
government vehicles or privately owned vehicles. However, when a grievance
meeting or /mid-term negotiation cannot be completed in one day due to
scheduling by management, the Employer will pay for the extra per diem costs as
a result of this scheduling without debit to the $8000.00 fiscal year allowance
provided to the Union for representation purposes.
2. For its share, the Union shall be responsible to pay for: 1) Union representational
cost after the expenditure of the $8,000.00 allowance provided the Union by the
Employer; and, 2) all the Union costs for travel associated with Union sponsored
training, lobbying activities, and any union decision to voluntarily take on a
representational role in third party proceedings other than those before the FSIP
and the FLRA.
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3. Whenever possible and economical, travel within California shall be by
Employer-provided GSA vehicle, if available. If a GSA vehicle is not available,
the Employer shall pay personally owned vehicle mileage expenses for
representational travel in accordance with appropriate regulation. It also is
understood by the parties that the employer will make payment of travel and per
diem expenses to a union representative only upon determining that the Union
representative is authorized official time in accordance with this agreement.
4. For Union travel and per diem associated with mid-term bargaining instigated by
the Employer, see Article 43, Section 43.3(f). For Union travel and per diem
associated with Employer instigated meetings requiring a Union presence such as
a “Formal Meeting” or a meeting resulting from an employee invoking their
Weingarten Right, the Employer will be responsible for all appropriate Travel and
per diem costs as a result of this type meeting between an Employer
representative and a bargaining unit employee.
5. When appropriately designated by the Union President or their designee to
represent an employee or the Union, an employee acting in the capacity of a
Union representative will be subject to all BLM employee limitations on the use
of a government charge card. The availability of compensation for travel expenses
for an employee acting in the capacity of a representative of the Union will be in
accordance with a, b, c & d above.
6. The Employer will develop a record-keeping system that captures the amount of
travel and per diem expenses used along with the reasons why. The Union will be
provided a copy of this information on a quarterly basis. Should the Union
request to meet with the Employer to discuss the information, such meeting will
occur within ten (10) working days of the request.
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ARTICLE 18
AWARDS PROGRAM
SECTION 18.1 - GENERAL
1. The Parties agree that the Incentive Awards Program should be equitable and
utilized to the maximum extent to recognize Employees for their outstanding
contributions toward improvements in efficiency and cost reduction under the
Suggestion Program, for exemplary performance of duties, or for special acts and
services that go beyond the Employee's expected duties and responsibilities. It is
encouraged by the Parties that when Managers and Supervisors recommend
Employees for specific awards they match the recommended award to the
achievement and the award is timely.
2. The Parties recognize that the utilization of Incentive and Performance Awards
must be in accordance with 5 CFR 430, 5 CFR 451 and DOI and BLM policy.
SECTION 18.2 - SUGGESTION PROGRAMS
The Parties agree to review and appropriately negotiate a BLM-California Suggestion
Program through the use of the State-Wide Labor Management Council. This program
will be in accordance with law, rule and regulation.
SECTION 18.3 - PRESENTATION
The Employer will strive to make award presentations to an Employee or group of
Employees in such a manner as to reflect the importance of the awards program as a
whole and the exemplary performance of duties or special acts and services for which the
award is given. When presenting an award to a Supervisor/Manager the Employer will
consider presenting the award in the presence of their Employees. Further, when
presenting multiple Employees with awards, the Employer is encouraged to provide
refreshments.
SECTION 18.4 - PROGRAM REVIEW
1. It is the Employer's responsibility to administer an equitable award programs.
When mutually agreed to by the Parties the State-Wide Labor Management
Council may choose to review the overall award programs for equitable
application through such methods as statistical analysis and Employee feed back.
2. The Employer agrees to annually provide to the Union a list of awards given to
Employees. This list will include the type of award, organizational code, position,
effective date, grade of the Employee and the monetary or hourly amount of the
award.
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SECTION 18.5 - PROGRAM GUIDELINE PROCEDURES
1. While monetary awards are important to Employees the Parties agree that non-
monetary awards are important in recognizing Employee performance and
achievements. When a non-monetary award is determined appropriate for
recognition of an Employee’s achievements, the Employer should provide an
award that shows the Bureau of Land Management’s sincere appreciation. The
following will be considered by the Supervisor when making the final
determination as to the non-monetary award to be given to an Employee:
a. does the award match the Employee’s overall performance;
b. does the award match the Employee’s achievement(s); and
c. does the award properly describe the Employee’s
performance/achievement.
2. In accordance with law, rule and regulation the Employer(s) will assess their
Managers’ and Supervisors’ commitment to, and consistent use of the Rewards
and Recognition program.
3. The Employer agrees not to use the Rewards and Recognition System as a
substitute or in lieu of proper classification and pay (e.g., temporary promotions
for higher graded work). This section is not intended to discourage recognition of
an Employee’s work by appropriate use of the Rewards and Recognition System.
SECTION 18.6 - AWARDS AND RECOGNITION PRESENTATION
1. Managers and Supervisors are encouraged to present awards in a public forum in
a timely manner.
2. Employees are encouraged to recognize each other, formally or informally,
through Peer awards.
3. Managers and Supervisors are encouraged to give team awards for group projects,
both locally and statewide.
4. Managers and Supervisors are encouraged to recognize Employees who provide
consistent, high quality performance, commitment, and effort.
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ARTICLE 19
PROFESSIONAL RECOGNITION
SECTION 19.1 - PUBLICATIONS AND AUTHOR CREDITS
The Parties to this Agreement recognize the importance of the Professional Employee’s
contribution to the administration of Public Lands and will, whenever determined
applicable by the Employer, credit the Professional Employee’s contribution to a
published scientific or technical work. To be provided credit the Professional
Employee’s contribution will meet the highest appropriate standards of scientific and
technical reporting. Such credit may be provided in BLM scientific or technical
publications, in scientific or technical reports, in journals, or in proceedings of
professional meetings. Review and approval of providing credit for a Professional
Employee’s contribution to a scientific or technical work will be by the Employer.
Written documents such as technical reports, project documents, proposals, or
specifications may bear the names of the principal author(s) and/or contributors if
determined appropriate by the Employer. When written recognition is given to the
Professional Employee, the Employer will strive to insure accurate credit is given
relevant to the Employee’s contribution. A Professional Employee may request from
their immediate Supervisor that their name not be considered for written recognition.
The Employee’s Supervisor will consider this request when determining appropriate
written recognition.
SECTION 19.2 - PHOTOGRAPHIC AND GRAPHIC CREDIT
Photo and graphics credit may be given if determined appropriate by the Employer.
When written credit is given the Employer will attempt to insure accurate credit is given
relevant to the Employee’s photographic or graphic contribution.
SECTION 19.3 - AUTHORSHIP
Professional Employee(s) assigned by Management to produce a scientific or technical
paper may be available for credit as Author or Co-Author. Credit for substantial
assistance by other Employees may be given by the Employer through an
acknowledgment. Management will be responsible for determining the principal author
for any work.
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SECTION 19.4 - EDITING
The Employer retains the right to determine the final edited version of any document to
be published. If the Employer alters a paper or report, before crediting a Professional
Employee(s) as cited above, the Employer should notify the Employee(s) of the change
relevant to their acknowledged contribution.
SECTION 19.5 - PRESENTATION OF TECHNICAL AND SCIENTIFIC PAPERS
The Parties recognize that presentation of personal research is part of a Professional
Employee’s career development. It is agreed that when material is approved by the
Employer for presentation to a scientific or technical audience, the Employer will
consider the career development of the involved Professional Employee(s) and the
capability of the Employee to be selected to present the main technical content of the
publication when determining the appropriate presenter. The Employer or their designee
will make the final determination on who will be assigned as presenter.
SECTION 19.6 - PROFESSIONAL AND TECHNICAL SOCIETIES
Professional Employees are encouraged to join and participate in technical societies.
Subject to the Employer’s approval, Employees may be authorized to attend or chair
meetings of technical societies on Official Time.
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ARTICLE 20
MERIT PROMOTION, FILLING OF VACANCIES AND
DETAILS TO BARGAINING UNIT POSITIONS
SECTION 20.1 - GENERAL
1. The Employer retains the right to select or not select an Employee(s) for
competitive merit promotion or non-competitive promotion under the procedures
set forth in this Agreement, and in accordance with applicable law and regulation.
It is understood by the parties to this agreement the procedures agreed to in this
article apply only to the filling of a bargaining unit position.
2. The Employer agrees to use the skills and abilities of Employees to the
maximum extent possible consistent with mission requirements, merit principles,
and applicable laws and regulations. The Parties agree that providing career
advancement and promotion opportunities to Bargaining Unit Employees is
beneficial to both the Agency and the Employee. (See also Article 10, Employee
Training & Development).
3. All actions under this Article shall be made without regard to political or religious
affiliation, marital status, race, color, sex, national origin, age, non-disqualifying
handicap, or sexual orientation as required by applicable law. Merit promotion
procedures will be in compliance with 5 CFR 335, the DOI Merit Promotion and
Placement Policy, and all other applicable law, regulation and policy.
SECTION 20.2 - VACANCY ANNOUNCEMENTS AND DETAIL INTEREST
SOLICITATIONS
1. Bargaining Unit Employees will be notified of position vacancies, to include
details of one hundred twenty (120) days or more, within BLM-California that
will be filled through competitive procedures. This notification will be through a
format to be determined by the Employer that provides adequate and timely
notification to the Bargaining Unit Employee(s). If the Employer is notified that
BLM vacancies outside of BLM-California are to be filled by competitive
procedures this notification will be passed on to the Bargaining Unit.
2. When requested in advance by an Employee, the Employer will make a
reasonable attempt to inform an absent Employee of any vacancy or detail in
which the Employee has expressed an interest.
SECTION 20.3 - CAREER OPPORTUNITIES
When deemed appropriate by the Employer, the Employer agrees to advertise positions at
grades below their full-performance grade level to enhance career opportunities.
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SECTION 20.4 - INFORMATION
Applicants, or their designated representative, are entitled to information as to whether
they met the basic qualification(s) requirement(s) for the position (including time-in-
grade requirements), whether their name was referred to the selecting official as one of
the best qualified candidates, and the name of the person selected. Candidates who were
referred to the selecting official but were not selected may request information from the
selecting official as to what they can do to improve their chances in future competition.
This is not intended to limit the nature of information requests under 5 USC 7114(b)(4)
and other information regarding promotions, details, and temporary assignments.
SECTION 20.5 - MERIT PROCEDURES
1. Vacancies shall be appropriately publicized in accordance with Section 20.2(a) of
this Article to ensure that the broadest scope of Employees has an opportunity to
participate in the Merit Promotion Program. Within regulatory constraints, the
Employer will make an effort to fill vacancies with highly qualified candidates
from within the Bargaining Units.
2. For filling of vacancies under internal merit procedures all lists of qualified
candidates will be referred to the selecting official with Bargaining Unit
Employees listed first in alphabetical order followed by all other candidates in
alphabetical order. For filling of vacancies through external procedures 5 CFR
332 will apply.
3. Merit Promotion/Ranking panels may be used by the Employer to select for or
determine the best qualified for promotion. Promotion/Ranking is based on the
Employees meeting established qualification for merit promotion. The Union
may request in accordance with 5 USC 7114(b)(4) information concerning the
Employer’s use of Merit Promotion/Ranking panels.
4. Selections will be made in accordance with applicable rule, regulation and
appropriate Articles of this Agreement.
5. The Employer will ensure that Bargaining Unit Employees within the area of
consideration who are absent for legitimate reasons receive appropriate
consideration for promotion in accordance with 5 CFR 335.103.
6. Employees who have not been reduced in grade or pay for personal cause or at the
Employee’s request may apply for re-promotion consideration for positions
outside the local commuting area at the grade level from which demoted or to
intervening grades. Offers of positions outside the local commuting area to
Employees whose positions have been downgraded, and who are entitled to saved
grade/saved pay protections may be declined by the Employee and shall not affect
the entitlement to saved grade or saved pay.
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7. Request for information concerning the Employer’s promotion program and
specific selection for vacancies will be provided to the Union in accordance with
5 USC 7114 (b)(4).
SECTION 20.6 - NON-COMPETITIVE PROMOTION
1. In accordance with applicable law, regulation and policy, Employees who have
competed and were selected for a career ladder position will be timely promoted
when such issues as their performance, experience, training or time in grade meet
the requirements for the promotion.
2. If a Supervisor's review leads to the conclusion that the Employee's performance
does not warrant a promotion to the next higher grade of a career ladder position
the Supervisor will provide timely written notice to the Employee. In accordance
with applicable Articles of this Agreement the Employee will be given an
opportunity to improve his/her performance to a level warranting promotion. It is
understood by the Parties to this Agreement that within practical limits,
notification of unacceptable performance should be prior to the promotion
eligibility date. This Section does not apply to an Employee during their
probationary period.
3. An accretion of duties promotion is a non-competitive promotion that occurs due
to the addition of substantive new and higher graded duties and responsibilities to
an existing position.
4. In accordance with BLM Manual 1400-335.6 (Promotion and Internal Placement)
dated January 17, 2001, the criteria for Accretion of Duty Promotions will be met
in absolute terms whenever an accretion of duties promotion is proposed:
a. The new position retains the major duties of the old position and the old
position is abolished.
b. The new position is in the same work unit of the organization and retains
the same Supervisor or leader as the old position being abolished.
c. The new position does not involve the addition of project leader, group
leader, team leader, or Supervisory duties to a formerly non-Supervisory
or non-leader type of position.
5. There is no other Employee in the work unit in a similar position and to which
those added duties could have been assigned and satisfactorily performed within a
reasonable timeframe.
6. It will be expected that Merit Systems Principles will be followed if the
promotion does not meet exception rules for non-competitive promotion
procedures.
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7. If an Employee’s position is reclassified at a higher grade due to additional duties
and tasks associated with the position, the Employer as provided in accordance
with BLM Manual 1400 – 335, law, rule and appropriate regulation and Section
of this Agreement can:
a. promote the Employee to the higher grade under noncompetitive
procedures;
b. eliminate or redistribute the higher grade-controlling duties to other
position(s); or
c. promote to the higher grade under competitive procedures.
8. In the event the Employer fails to eliminate or redistribute the grade-controlling
duties or promote the Employee in accordance with BLM Manual 1400-335,
Section 20.7(c) of this Agreement “Temporary Promotion” will apply.
9. If an Employee feels that because of an accretion of duties they are performing
higher graded duties than those identified in their current position description and
a Management classification review of their assigned position is not being
accomplished in a reasonable amount of time, the Employee may seek
administrative remedy in accordance with Article 8 of this Agreement.
SECTION 20.7 - DETAILS AND TEMPORARY ASSIGNMENTS
1. In the interest of effective Employee utilization, details to positions or work
assignments will be consistent with applicable regulations and the merit system.
Details and temporary assignments may be used to meet emergencies, situations
occasioned by abnormal workloads, changes in mission or organization, cross-
training to expand Employee capability and improve skill mix, and absences of
personnel or vacancies prior to permanent placement action.
2. When an Employee is detailed from his/her position of record to another position
without promotion, and the detail lasts more than thirty (30) calendar days, the
detail will be documented in the Employee’s OPF by SF-50, a copy of which will
be given to the Employee. Experience gained in details will be credited in
qualification considerations when the Employee applies for positions if the
Employee documents the detail on their application.
3. When an Employee is detailed to a higher graded position for fourteen (14)
consecutive calendar days and the Employee is qualified to fill the position on a
permanent basis, the Employee shall be temporarily promoted into and receive the
rate of pay of that position commencing on the fifteenth (15th
) day.
4. The Employer will deal fairly and equitably when assigning details to Employees
with requisite skills and qualifications. Employees will be afforded the
opportunity to be made aware of the requirements for a particular detail, for
example, the requisite skills and qualifications needed before being assigned. It is
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understood that qualifications and requisite skills are determined by the Employer
and under no circumstances will details be used for the purposes of reprisal.
5. When it is determined necessary by the Supervisor to assign an Employee to
duties at a higher grade than the Employee currently holds for a period of fourteen
(14) calendar days or more and the Employee does not qualify to permanently fill
the position, at the beginning of the assignment the Supervisor will inform the
Employee that he/she will not be considered for a temporary promotion in
accordance with this Section. If requested by the Employee, the Supervisor will
provide the reasons the Employee does not qualify to fill the position on a
permanent basis. The Employer’s determination as to the Employee’s ability to
fill a position at a higher grade will be made in accordance with appropriate law,
rule and regulation on such issues that include but are not limited to education and
previous experience.
6. A detail exists when an Employee continues in his/her current status and pay and
is temporarily assigned to:
a. An established position or the grade-controlling duties of such a position;
or an identical position with a higher or lower basic pay rate; or a position
requiring different qualifications from those now required in the
Employee’s official position assignment.
b. An unestablished position whose duties and responsibilities have not been
rated under a classification system and the necessary approvals for its
establishment have not been obtained. This type of detail would be in a
different occupational line of work, or one that required different
qualifications from those required in the official position assignment.
7. The Employer agrees that when assigning Employees to a set of duties which
have not been rated under the classification system to meet a temporary or limited
situation the duration of the assignment will normally be for less than thirty (30)
days. For a situation that requires the Employee being assigned, as described
above, in excess of thirty (30) calendar days the detail will be limited to the
shortest practicable time. The Employer will inform the Employee of the
anticipated duration and duties that are different from their normally assigned
duties.
8. The Employer further agrees that an Employee will not be detailed to a vacant
position which has been previously classified and by the addition of new duties
declare the position unclassified.
9. When it has been determined to temporarily fill a vacant position using either a
non-competitive temporary promotion of less than one hundred twenty (120) days
or a detail, the Employer will first notify Employees within the local office.
Employees must notify the selecting official of their interest and obtain the
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support of his/her current Supervisor. They may provide reasons why they
believe they should be considered. In making the selection, the Employer should
consider the necessary skills of the position and possible career enhancement as a
result of the assignment to the selected Employee. Local office qualified
candidates will be given first consideration for detail assignments. In the event a
selection is not made from local candidates, the Employer may consider
candidates from any source.
10. Employees may make requests for detail assignments. If the Employer is unable
to honor an Employee’s request for a detail assignment, the Employer will make
every effort to consider the Employee for future opportunities. Upon request by
the Employee, the Employer will furnish an explanation of why the detail was
denied.
SECTION 20.8 - VOLUNTARY REASSIGNMENT
In the event an Employee desires to be reassigned, he/she may contact the CASO, Human
Resource Services Office to determine vacant positions. It is the Employee's
responsibility to contact the Supervisor of a vacant position to indicate their interest to
volunteer for reassignment to the vacant position.
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ARTICLE 21
OCCUPATIONAL SAFETY AND HEALTH
SECTION 21.1 - GENERAL
1. The Employer is responsible for providing safe working conditions and
equipment, and establishing safe working procedure. Employees are responsible
for following safe practices and encouraging co-workers to do likewise. The
safety of each Employee is a primary concern of the Parties. Employees are
encouraged to offer suggestions for safer and healthier working conditions and for
the protection of property and equipment. Once yearly employees will be
informed of BLM-California’s Safety Policy.
2. The Employer and the Union agree to cooperate in a continuing effort to avoid,
reduce the possibility of, and/or eliminate accidents, injuries and health hazards in
all areas under the Employer’s control. The Employer agrees to conform with
applicable law, rule and regulation such as found in 29 CFR 1910 and 1960, BLM
Manual Handbook H1112-1, and Safety and Health for Field Operations
Handbook H-1112-2 when establishing and maintaining the Occupational Safety
and Health program for BLM California.
3. Whenever and Employee is required to perform duties which involve real or
potential hazards, the Employer will, in accordance with law, rule and regulation
such as BLM Handbook H-1112-1 Safety and Health Management and BLM
Handbook H-1112-2 Safety for Field Operations, evaluate, identify and document
as necessary these job related hazards.
4. In accordance with applicable law, rule and regulation, the Employer agrees to
provide to Employees any required tools, safety or protective equipment,
reasonably fitted safety clothing, specialized footwear and any other devices
necessary to provide protection of Employees from hazardous conditions
encountered during the performance of official duties. The Union agrees to assist
the Employer in publicizing the benefits of the use of protective devices and
equipment by Employees, and their adhering to good safety practices, policies and
procedures.
SECTION 21.2 - ADVISORY SAFETY AND HEALTH COMMITTEES (ASH)
1. The Employer will, within 90 days, after the execution date of this agreement,
develop and maintain an Advisory Safety and Health Committee. This committee
will be chaired by the Employer or his/her designee. The committee will have
two Employer appointed members including the Chairman and two appointed
Union representatives appointed by the Union President. Union appointed
members will be appointed for one year terms and will be treated equally to other
members. Meetings will be scheduled at least quarterly on dates scheduled by the
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chairman and will be held face to face on at least two occasions and by telephone
conferencing on two occasions. Face to Face meetings should be by mutual
agreement, failing mutual agreement the committee meeting dates will be at the
Employer’s discretion. The Union will be permitted the presence of an Employee
from within their Bargaining Unit on an as-needed basis; who has information
relevant to a matter on the agenda before the committee, provided the request is
made at the same time as the agenda items are submitted in accordance with
Section 21.2(c) and the Employee’s absence from their assigned duties does not
significantly impact their workload requirements.
2. The purpose of such committees shall be to consider occupational safety and
health matters brought to its attention, make recommendations thereon to the
appropriate Employer, and perform such additional tasks as the Employer or the
committee chairman may direct.
3. An agenda for each committee meeting shall be prepared in advance; any
committee member may propose subjects for discussion by submitting such to the
committee chairman at least fifteen (15) work days prior to the scheduled meeting
date of the committee. Additional agenda items may be submitted on health and
safety issues that arise subsequent to the fifteen (15) day requirement. Minutes of
all meetings will be taken and will be distributed to all attendees. Minutes will be
signed by the committee chairman and will include appropriate committee
recommendation, the appropriate priority of each recommendation as determined
by the chairman, and the action office assigned to implement adopted
recommendations. Each committee member shall have the right, if desired, to file
a dissenting report to each committee’s full report or any part thereof, and that
dissent shall become a part of the official record of the report on the subject.
4. Union representatives serving on these committees will serve without loss of pay
or charge to leave in performing committee functions authorized by the
committee chairman if otherwise in a duty status. Official Time requirements to
allow Union participation on these committees will be authorized in accordance
with Article 40 of this Agreement. When work conditions are such that the Union
designated member of these committees can be released for participation during
committee activities, a reasonable amount of Official Time will be granted. The
Union retains its right to designate its representatives for these committees
without interference. Further, the Union retains its right to appropriately
negotiate changes in conditions of work that result from the recommendations
made by the Advisory Safety and Health Committee.
5. The signed committee meeting minutes will be posted to the BLM-California
Intranet Site. Each Employer will strive to post these minutes within thirty (30)
calendar days of the completion of the meeting.
6. The Parties agree to publicize on a recurring basis: 1) awareness of the
establishment of the Advisory Safety and Health Committee(s) under Section
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21.2(a) and the names of the committee members; 2) Employees may provide
input to their respective committee members concerning unsafe working
conditions within their work area; and 3) an Employee’s first responsibility upon
becoming aware of an unsafe working condition is to notify their immediate
Supervisor of the unsafe working condition.
7. At the discretion of a Field Office Manager the establishment of a local Safety
Committee may be negotiated with the Union Local President. These committees
will be limited in scope to addressing safety issues under the authority of the Field
Office Manager and will not override or modify recommendations from the
Advisory Safety and Health Committee.
SECTION 21.3 - TRAINING
1. While assigning Employees Occupational Safety and Health program
responsibilities, i.e., collateral duty Safety and Health Personnel, the Employer
will provide training pertinent to their assigned responsibilities as required by
BLM Manual H-1112-2, Chapter 10.1E. It is understood by the Parties to this
Agreement that it is the Employer’s responsibility to facilitate Employees training
for and completion of these assigned duties to maintain a comprehensive
Occupational Safety and Health program.
2. All other safety training for employees will be provided in accordance with the
applicable BLM Handbook-Manual.
3. In accordance with applicable law, regulation and BLM policy the Employer will
provide necessary equipment operation training to include drivers training. (Ref.
H-1112-1 & H-1112-2)
4. Job-related aviation safety training will be provided in accordance with applicable
law, rule and regulation.
5. When the Employee’s assigned duties require the operation of a vehicle off-road
or the use of a horse, the Employer will provide adequate training for Employee
to safely operate the vehicle off-road or use a horse to accomplish their assigned
duties. (For horses see BLM Manual Handbook H-1112-2 Section 3.12)
SECTION 21.4 - SCOPE
The ASH Committee will give consideration to such matters as, occupational safety and
health, hazard detection and accident prevention, safety and health training, health
services for Employees, visitor safety on public lands.
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SECTION 21.5 - MEETINGS
Union appointed members of the ASH Committees will be granted Official Time to meet
within normal duty hours. The ASH Committee will meet at least quarterly, but may
meet more often if determined necessary by the Employer. In the event additional
meetings are required the ASH Committee chair, if necessary, will coordinate with the
supervisor of the union appointed representative prior to setting the meeting.
SECTION 21.6 - BUILDING SECURITY
1. The Parties agree there is a mutual interest in having a secure work place and
work environment. To that end, the Parties will work in concert towards meeting
that common goal.
2. Employer initiated changes in current security policy/plans or conditions of
employment will be appropriately negotiated with the Union.
SECTION 21.7 - CONSTRUCTION
1. In accordance with 5 USC Chapter 71, the Employer will appropriately negotiate
with the Union when, as a result of complying with the Americans with
Disabilities Act, Employee conditions of work are changed.
2. The Parties may request the advise of affected disabled person(s) when: 1) the
Employer is determining the need to change the configuration of a building or
facility; or 2) the Union is negotiating changes of work affecting disabled persons.
SECTION 21.8 - INTERPRETERS
If necessary, an interpreter(s) for the hearing-impaired will be made available at
Employer sponsored meetings.
SECTION 21.9 - SAFETY AND HEALTH INSPECTIONS
The Employer will conduct annual safety and health inspections in accordance with law,
rule and regulation. The Union will be notified and provided an opportunity to
participate. To facilitate the Union’s participation the Employer will give reasonable
notice to the Union President or their designee of an impending inspection of a particular
work area. Inspections will not be delayed due to unavailability of a Union
representative.
SECTION 21.10 - UNSAFE CONDITIONS
1. In accordance with applicable law, rule and regulation the Employer agrees to
provide Employees with adequate safety equipment and training to perform duties
involving physical hazards. If the Employee believes that a dangerous or
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potentially dangerous condition exists at an assigned work site or their assigned
duties endanger their health or well-being, the Employee shall immediately notify
their immediate Supervisor of this hazardous condition. The Supervisor shall
promptly investigate and ascertain the validity of the hazard. The Supervisor will
take corrective action when necessary.
2. The head of each agency shall establish procedures to assure that no employee is
subject to restraint, interference, coercion, discrimination or reprisal for filing a
report of an unsafe or unhealthful working condition, or other participation in
agency occupational safety and health program activities, or because the exercise
by such employee on behalf of himself or herself or others of any right afforded
by section 19 of the Act, Executive Order 12196, or 29 CFR 1960. These rights,
include, among others, the right of an employee to decline to perform his or her
assigned task because of a reasonable belief that, under the circumstances the task
poses an imminent risk of death or serious bodily harm coupled with a reasonable
belief there is insufficient time to seek effective redress through normal hazard
reporting and abatement procedures established in accordance with 29 CFR 1960.
In these instances, the Employee shall cease the activity and immediately contact
the nearest available Supervisor. The Supervisor shall then make an evaluation of
the situation in accordance with applicable law, rule and regulation.
3. Employee complaints relating to unsafe conditions may be grieved under the
provisions of this Agreement.
4. In order to fulfill the Bureau’s mission requirements, it is recognized by the
Parties to this Agreement that it is sometimes required that Employees travel and
work in remote and hazardous areas. Therefore, the employer will in accordance
with BLM Manual H-1112-2 Sec. 3.2 insure adequate safety practices are
followed when employees are required to work in such locations.
5. Further, it is recognized that to lessen or eliminate potential violent personal
encounters in areas of identified or unknown radio dead zones the field
Employees need to be aware of the potential for personal violence directed against
them while they are in the field and be alerted to the warning signs during
personnel encounters with individuals. The Parties agree the Employer will
comply with law, rule and regulation such as BLM Manual H-1112-2 Sec. 3.13
when addressing the above identified working conditions.
6. In accordance with appropriate law, rule and regulation, environmental
differential pay (hazard pay) will be paid, as appropriate. (5 USC 5545; 5 CFR
550.901-904)
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SECTION 21.11 - ON THE JOB INJURY OR ILLNESS
Employees will immediately report to their immediate Supervisor all injuries or illnesses
that occur on the job. The Employer will insure that required OSHA postings will be
accomplished in accordance with 29 CFR 1960 or Bureau directive.
SECTION 21.12 - PROTECTIVE EQUIPMENT
Protective equipment required by the Employer, shall be furnished by the Employer and
used by the Employee as prescribed by existing regulations. All first aid kits in buildings
and vehicles will, at a minimum, have protective gloves and a CFR clear mouth barrier.
For Employees with "first responder" duties first aid kits will, at a minimum, contain
protective gloves, eye protection, CFR clear mouth barrier, and a contaminated material
container.
SECTION 21.13 - TRANSPORT OF DISABLED EMPLOYEE
The Employer will arrange for medical transportation for individuals who are injured or
become ill while on the job when such individuals are not physically able to proceed
without assistance to an appropriate medical facility. If an Employee becomes ill at work
and they (the Employee) determine that they are unable to transport themself to their
place of residence, the Employer agrees to allow a fellow Employee to transport the ill
Employee home. It is understood that this will occur only: 1) by agreement of the
Employee transporting the ill Employee; 2) the transporting Employee be in a non-duty
status during their absence from the work area; and 3) the absence of the transporting
Employee not have an adverse effect on the accomplishment of their assigned duties.
SECTION 21.14 - VEHICLE RADIOS
When the Employer determines the need to issue a radio for safety purposes, the radio
issued will be in good working order and capable of addressing the hazard or potential
hazard for which it was issued.
SECTION 21.15 - RISK ASSESSMENTS
1. Hazard analyst concerning job/duty assignments of bargaining unit employees
will be completed by using the Risk Assessment and Management process and
documented on the Risk Management Work Sheet, BLM Form 112- 5 Analysis.
Supervisors will strive for consistency in the risk management decision making
process concerning like type jobs/tasks.
2. Copies of Generic by Function or Task RA will be provided to the Union upon
request.
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ARTICLE 22
STAFFING FOR SPECIAL EVENTS
SECTION 22.1 - SPECIAL EVENTS
The Parties agree that Special Events are activities which may result in a higher stress
level or require higher safety considerations than activities an Employee’s normal duties
require.
SECTION 22.2 - PLANNING AND STAFFING
The Employer agrees that the health and safety of BLM Employees is of the foremost
importance when planning for Special Events at which BLM Employees will be required
to attend in the performance of their assigned duties. With this consideration the
Employer will determine and provide appropriate staffing for these events.
SECTION 22.3 - SPECIAL EVENT INFORMATION
The Employer will upon request provide to the Union President, or their designee, in the
course of representing the Bargaining Unit, copies of demographic statistics, incident
reports and information pertaining to Special Events which are: 1) normally maintained
by the Employer in the regular course of business; 2) reasonably available and necessary
for full and proper discussion, understanding, and negotiations of subjects within the
scope of collective bargaining; 3) does not constitute guidance, advice, counsel, or
training provided for Management officials or Supervisors, relating to collective
bargaining; and 4) not part of an on going investigation by a law enforcement body.
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ARTICLE 23
QUALITY OF WORK LIFE COMMITTEE
SECTION 23.1 - GENERAL
Within sixty (60) days of the effective date of this Agreement the Employers will
establish a State-Wide Advisory Quality of Work Life Committee for BLM-California.
The committee will be chaired by the State Director of California or their designee. This
committee will have up to four Employer appointed members including the chairperson
and up to four appointed Union representatives jointly appointed by both NFFE Local
Presidents. All committee members will be accorded equal consideration by other
members of the committee. Meetings will be held at least quarterly on dates scheduled
by the chairperson in coordination with the committee members. Additional meetings
will be held at the discretion of the committee chairperson in coordination with the
committee members.
SECTION 23.2 - SCOPE
The purpose of the Quality of Work Life Committee shall be to provide
recommendations to the State Director on such State-wide programs as Employee
Assistance, Transit Transportation, Wellness and Childcare and those issues which are
related to the BLM-California Employee’s quality of work life.
SECTION 23.3 - MEETING AGENDA & MINUTES
An agenda for each committee meeting shall be prepared in advance; any committee
member may propose subjects for discussion by submitting such to the committee
chairperson at least fifteen (15) work days prior to the scheduled meeting date of the
committee. Minutes of all meetings will be taken and will be distributed to all attendees.
Minutes will be signed by the committee chairperson and will include committee
recommendations and the appropriate priority of each recommendation as determined by
the chairperson. Each committee member shall have the right to file a differing
recommendation to the State Director if consensus cannot be reached by the committee
on the recommendation to be made.
SECTION 23.4 - OFFICIAL TIME
Union representatives appointed to serve on the committee will serve without loss of pay
or charge to leave in performing committee functions authorized by the committee
chairperson if otherwise in a duty status. Official Time requirements to allow Union
participation on these committees will be authorized in accordance with Article 40 of this
Agreement. When work conditions are such that the Union designated members of this
committee can be released for participation during committee activities, a reasonable
amount of Official Time will be granted.
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SECTION 23.5 - NEGOTIATIONS AUTHORITY
The Union retains its right to designate its representatives for this committee without
interference. Further, the Union retains its right to appropriately negotiate changes in
conditions of work that result from the implementation of recommendations made by the
State-wide Quality of Work Life Committee.
SECTION 23.6 - ANNOUNCEMENT OF QUALITY OF WORK LIFE
COMMITTEE
The Parties agree to publicize on a recurring basis the establishment of the State-Wide
Quality of Work Life Committee, the names of the committee members and that
Employees may provide input to their respective committee members concerning the
quality of work life within their work area.
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ARTICLE 24
POSITIVE WORK ENVIRONMENT
SECTION 24.1 - GENERAL
The Parties agree that a positive work environment is one free from intimidation,
harassment and threatening behavior and promotes productivity, creativity and harmony.
SECTION 24.2 - EMPLOYER - UNION COMMITMENT
The Employer and the Union agree to strive to make BLM a model work environment
through co-operation. To this end the Parties agree to:
1. promote a work environment free from intimidation, harassment and threatening
behavior;
2. strive to achieve and maintain the highest quality Union and Management support
for the Employee; and
3. expect full involvement by the Employer, Union and Employees to work together
to promote a work environment that is conducive to higher productivity,
creativity, and harmony.
SECTION 24.3 - EMPLOYER RESPONSIBILITY
It is the responsibility of the Employer to maintain a work environment free from
intimidation, harassment and threatening behavior. Further, when seeking a remedy for
problems related to the work environment, Employees will not be discouraged from using
the processes provided in this Agreement by any Employer or Union representative.
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ARTICLE 25
EMPLOYEE SPACE AND QUARTERS
SECTION 25.1 - WORK SPACE
1. Employees specific duties should be taken into account when allocating space.
2. Employees are responsible for maintaining their work space in a safe and orderly
manner.
SECTION 25.2 - CONFERENCE SPACE
It is the responsibility of the Employer to provide Employees with the necessary support
for an Employee to meet the performance requirements for their assigned duties.
Therefore, when Employees are assigned tasks that require space larger than their
assigned work areas they may request alternative work arrangements such as scheduling
the use of conference rooms. The Supervisor will consider the adverse impact to the
Employee’s work assignment and BLM mission requirements if the request is denied.
The Employee’s Supervisor will make the final determination as to the Employee’s use
of a conference room or alternative arrangement to address the Employee’s work
assignment(s).
SECTION 25.3 - NEW FACILITIES AND LEASES
1. The Employer agrees to promptly notify the Union President or his/her designee
in writing of any decision that will result in a change or modification of work
space or office working conditions of Bargaining Unit Employee(s). The Union
will be provided an opportunity to negotiate to the extent required by law. In
accordance with the Federal Service Labor-Management Relations Statute the
Employer will negotiate with the Union any changes in policy, changes to an
Employee’s work area, or changes to facilities which will result in a changed
condition of employment or working conditions for the Employee(s).
2. Construction of new facilities, or modification of existing ones will be in
compliance with Articles of this Agreement relating to Occupational Health and
Safety.
SECTION 25.4 - RENTAL QUARTERS
As an incidental service in support of BLM-California programs Government Furnished
Quarters (Rental Quarters) may be provided by the Employer for Employee use at the
Employee’s cost at such locations as but not limited to Fire Stations. The decision to
make Rental Quarters available for Employees will be the Employer’s exclusively. Prior
to the Employer terminating Rental Quarters for Employees at a location the Union will
be notified. In accordance with Article 43 of this Agreement the Union may request to
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negotiate this Employer decision in accordance with the Federal Service Labor-
Management Relations Statute.
1. The Parties agree that laws, rules and regulations pertaining to Government
Furnished Quarters (GFQ) such as but not limited to, the Office of Management
and Budget (OMB) Circular No. A-45 Rental and Construction of Government
Quarters and the DOI Departmental Quarters Handbook will be followed by
BLM-California Management when providing Employees GFQ. The Union will
be provided upon request, with copies of any or all documentation pertaining to
the management of the Government Furnished Quarters in accordance with the
aforementioned laws, rules and regulations. Under this information request
procedure the Employer is excused from providing information previously
provided to the Union or that is burdensome or unwieldy. It is understood by the
Parties that a burdensome or unwieldy information request will be a request that
exceeds three hundred (300) pages or for information which is reasonably
available to the Union through the use of the Internet as provided by the
Employer. Information provided to the Union under this procedure does not
preclude the Union from requesting information concerning Employee
representation in accordance with 5 USC Chapter 71.
2. For Rental Quarters that are co-located at Fire Stations within BLM-California
and will be occupied by Bargaining Unit Employees, the Union will be given the
opportunity to jointly inspect with the Employer representative the Rental
Quarters to be occupied. This opportunity to jointly inspect the Rental Quarters
will be provided prior to Employee occupancy at the beginning of the scheduled
Fire Season.
3. Agreements for Rental Quarters affecting Bargaining Unit Employees will
establish a customary Landlord-Tenant relationship. It is understood by the
Parties that the Employer will provide Employees rental agreements that meet all
laws, rules and regulations governing the rental of Quarters to Employees.
a. Prior to signing an agreement for rental of Government Quarters an
Employee will be provided a rental agreement identifying restrictions on
the use of the Government Rental Quarters and any adjoining office space
or other government property. As appropriate, a copy of barracks rules
will also be provided.
b. If determined applicable by the Employer, living quarters will be separate
from Office Facilities (administrative space). Although it may be
preferable to have separate administrative and living space, when
administrative space is combined with living quarters, the appropriate
rental adjustments will be made in accordance with governing law, rule
and regulation.
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4. Once the Employer and the Employee enter into a Landlord-Tenant agreement,
the Employer agrees that the living quarters provided under that Agreement will
not be used for any purpose by another Employee that does not have a lease
agreement for that specific facility. Therefore, it is understood by the Parties to
this Agreement that the Employer agrees not to allow the use of living quarters as
provided to Bargaining Unit Employees under the Landlord-Tenant Agreement by
transient Employees, Employees on TDY, or volunteers.
a. If there are significant and frequent disturbing noises or offensive odors at
the Government Furnished Rental site, an appropriate rental rate
adjustment will be made in accordance with applicable law, rule and
regulation.
5. When provided by the Employer, furniture provided for the Employee’s use in
Rental Quarters will be in accordance with governing law, rule, regulation and
Departmental/Bureau guidance. The Employer will consider the Employee’s
comfort when making furniture selections.
6. Unisex facilities such as showers and toilets currently provided at Rental Quarters
sites will provide adequate privacy necessary for occupancy by either sex.
7. In accordance with Section 7.2.A of the Departmental Quarters Handbook
(400DM), the Bureau of Land Management has the responsibility as landlord to
ensure that Government Furnished Quarters (GFQ) are in good condition and are
safe, sanitary, decent and energy efficient prior to occupancy and when vacated.
This responsibility includes each GFQ shall be inspected by facility/maintenance
personnel.
8. In Management’s responsibility to ensure safe, sanitary, decent and energy
efficient GFQ, Management will consider but will not be limited to the following
options: a) professional cleaning service; or b) Bargaining Unit Employees. If
Bargaining Unit Employees are used to maintain or clean GFQ they will be
properly trained and equipped to accomplish these assigned duties in accordance
with the language of Article 21.
9. To better ensure the security of the tenant’s personal items within the GFQ,
Management will provide sufficient information to understand the nature of the
room they will encumber. The Parties agree that a standard size footlocker will
be provided to each tenant. The Parties further agree the tenant is responsible for
providing their own standard lock.
10. The use of government phone by GFQ tenant. The Parties agree that when a non-
dedicated business facility line is available, the GFQ tenant will be allowed
during non-business hours, one incoming and one outgoing phone call daily, in a
reasonably private environment, each call is not to exceed five (5) minutes. The
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Parties agree that these phone calls will not incur an additional cost to the
government.
11. The Parties agree that the Employer will consider the exercise needs of the
Employee to meet the physical qualification of their position. If an Employee
wishes to request additional exercise time, the Employee will make that request to
his/her Supervisor. The Supervisor will consider the request when determining
the Employee’s needs for exercise to meet the physical qualifications of their
position.
a. Management will consult with the Union President, or their designee,
regarding upgrade weight/workout equipment for the fire facilities. To
facilitate this consultation, one Union official and one Employer
representative will conduct an on-site review of fire facilities
weight/workout equipment.
12. Upon completion of the on-site review, an assessment/recommendation will be
provided to the Employer. The on-site review and assessment/recommendation
will be conducted and provided to the Employer no later than one hundred eighty
(180) days of the signing of this Agreement. The Employer’s final decision on
upgrading weight/workout equipment will be provided to the Union to include the
reasons for the decision. All such upgrades of weight/workout equipment will be
completed within one year of the signing of the Agreement.
13. Employees have a reasonable expectation of privacy in their personal belongings
when occupying GFQ. Searches and inspections of GFQ will be as follows:
a. It is understood by the Parties that Employees who are housed in GFQ will
be notified of an inspection by the Employer or their representative prior
to the inspection.
b. The Employer will provide twenty-four (24) hours notice of an inspection
to be conducted at the Employees GFQ except for safety or other
unforeseen circumstances. Upon notification, the Employee may request
to be present at the inspection. The Supervisor will consider the request
and make a determination as to the Employee’s presence.
c. Employer determination to search GFQ pursuant to an investigation of
work-related misconduct will be based on reasonable suspicion of the
misconduct. The Union President, or their designee, will be notified of the
search of an Employee’s GFQ no later than twenty-four (24) hours after
the search.
d. If an Employee is questioned by the Employer in connection with the
search of a GFQ, such questioning will be conducted in accordance with
Article 4.
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ARTICLE 26
DESIGNATED SMOKING AREAS
SECTION 26.1 - SMOKING AREA
The Parties agree that smoking in the work place will be in accordance with current
regulations. Due to the variety of weather conditions and geography found at BLM-
California office locations, offices which currently provide protected smoking areas
and/or seating will not change the configuration/location of the authorized smoking area
without prior Union notification. Changes in designated smoking areas will be negotiated
and implemented in accordance with Article 43 of this Agreement.
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ARTICLE 27
HARDSHIP REASSIGNMENTS
SECTION 27.1 - HARDSHIP REQUEST
It is recognized by the Parties that personal hardship situations may arise during an
Employee’s career. In this circumstance, the Employee may request a temporary or
permanent reassignment of their duty location. This request may be to their Supervisor
or the State Director or a designee identified by the State Director for this purpose, and
must be in writing. This request and the information provided will remain confidential, if
requested by the Employee.
The Employer may be required by law, rule or regulation to evaluate the requesting
Employee’s ability to meet qualifications for their current or future positions based on
any medical documentation provided by the Employee concerning a hardship request for
reassignment. Therefore, information provided by the Employee could affect their
Employer’s determination of Employee’s ability to perform assigned duties. Employees
should be aware of the functional requirements/environmental factors for their position
before providing medical documentation. (see below **)
SECTION 27.2 - RESPONSE
If assistance is to be provided to the Employee, the Employee will be notified of what
expectations and/or limitations that may result from the Employee’s request. If the
Supervisor, State Director or their designee is unable to assist the Employee or elects not
to assist the Employee, the Employee will be notified in writing as quickly as possible.
Prior to a Supervisor or the State Director, or their designee, implementing an
Employee’s request for reassignment which will affect the Bargaining Unit the Union
President, or their designee, will be notified.
SECTION 27.3 - GRIEVANCE
This Article is neither grievable or arbitrable.
** Information concerning the Functional Requirements/Environmental Factors for
your assigned position may be obtained from your Servicing Personnel Office. (See SF
78-110)
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ARTICLE 28
MOTOR VEHICLES
SECTION 28.1 - GENERAL
If during the term of this Agreement the referenced rules, regulations or policies
concerning motor vehicle use in effect upon the date of execution of this Agreement are
updated and or deleted, this change will be evaluated by the Parties and affected Sections
of this Article may be appropriately renegotiated if necessary.
SECTION 28.2 - OPERATOR QUALIFICATIONS
1. The Employee is required to have a valid State driver’s license for the appropriate
class of vehicle to be driven in their possession before:
a. operating a Government Fleet, leased or rental vehicle; or
b. using a Privately Owned Vehicle (POV) on Government business.
2. The Employer will determine an Employee’s qualifications to operate a
government fleet, leased or rental vehicle.
3. The Employer will refrain from assigning Employees to operate any class of
government vehicle they are not physically qualified to operate or for which they
do not have a proper State operator’s license if required. When an Employee is
assigned a vehicle to operate and the Employee believes that the operation of this
specific type of vehicle is beyond their skill, or the driving conditions are too
arduous or hazardous, or the continued operation of a this specific vehicle will
result in damage to the vehicle, prior to the operation of the vehicle the Employee
shall immediately notify a Supervisor of this situation in accordance with Article
21.10(b) of this Agreement. The Supervisor shall investigate and ascertain the
validity of the Employee’s notification.
4. If the Supervisor determines the Employee does not need further training as
agreed to in Article 21.3(d) & (f) of this Agreement, or the driving conditions are
not too arduous or hazardous to accomplish the assigned duty, or that the vehicle
does not need repair/maintenance this determination will be provided to the
Employee in writing.
SECTION 28.3 - VEHICLE USE
1. It is understood by the Parties, that it is the responsibility of the Employer to
provide the proper tools and equipment for an Employee to accomplish his/her
assigned duties. Therefore, if the Employer determines that a vehicle is required
for an Employee to complete an assigned task, the Employer will in accordance
with law, rule and regulation:
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a. provide a Government Owned Vehicle (GOV); or,
b. provide a rental vehicle; or,
c. request the Employee to use their POV.
2. Reimbursement of costs to Employees who use their POV will be in accordance
with the Federal Travel Regulations (FTR) and other appropriate law, rule and
regulation.
3. Government Owned Vehicles are to be used for official purposes only.
4. The operator and all passengers are required to wear seat belts whenever the
vehicle is moving.
SECTION 28.4 - DRIVING TIME
Employees should not exceed eight (8) hours driving time (behind the wheel) during a
sixteen (16) hour duty period. This includes all Employees (specialists, law enforcement,
fire, etc.). It is the responsibility of the Employee to determine if they are alert enough to
drive prior to operating a motor vehicle. If a duty day has exceeded the normal work day
for an Employee while in a travel status and the Employee determines that he/she is too
tired to operate a motor vehicle the Employee may contact their Supervisor and request to
extend their travel status. (See BLM Manual Handbook H-1112-2, Topic 4.2A 1, 2, 3,
and 4)
SECTION 28.5 - VEHICLE INSPECTIONS
1. Each Employee before driving a vehicle shall perform a pre-trip inspection to
ensure the vehicle has not been damaged by a previous driver and that the vehicle
is in good operational condition and includes a notification of Government self
insurance. Prior to using the vehicle the Employee-driver will sign the vehicle
utilization record indicating the date used. Upon completion of the use of the
vehicle by the Employee the miles driven will be annotated. The Employer
agrees to: 1) notify Employees at least annually of their responsibilities as a
government driver and all new Employees prior to their using a government
vehicle or rental vehicle; and 2) make available all necessary forms and
documents an Employee is responsible to have in their possession when operating
a government vehicle.
2. Vehicle inspection procedures will be negotiated with the appropriate Union
Local in accordance with Article 43, Section 43.10 of this Agreement and 5 USC
Chapter 71.
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SECTION 28.6 - VEHICLE EQUIPMENT
In accordance with law, rule, regulation, Article 21 of the Agreement, and BLM
Handbook H-1112-2, the Employer will provide appropriate safety and emergency
equipment for a vehicles intended use, and the Employee’s assigned duties.
In accordance with Article 21 of this Agreement, Advisory Safety and Health
Committees may make recommendations to the Employer for appropriate safety and
emergency equipment required to be maintained in vehicles to meet regional
environmental conditions and special use. (See Handbook H-1112-2)
SECTION 28.7 - DOMICILING VEHICLES
The following is instruction and guidance found in Departmental Motor Vehicle
Handbook 412 DM concerning the domiciling of Government Vehicles. Managers
delegated authority to authorize the domiciling of a government vehicle at the request of
an Employee will grant such authorization in accordance with Departmental and Bureau
guidance.
1. When an Employee is requesting, in advance, to domicile a Government Vehicle
the Employee will use Form 1520-27 (Request for Overnight Storage of
Government Vehicle at Employee's Residence). The request will be made as
early as reasonably known by the Employee that overnight domicile is necessary.
2. In accordance with DM 412, Departmental Motor Vehicle Handbook, Chapter
5.1B(4), a government vehicle may be used by an officer or Employee while in
official travel status to drive to his/her residence when it is in the interest of the
Government that the official travel start from their home rather than from the
place of employment. The vehicle may also be stored at the residence at the
conclusion of the trip when such storage is in the interest of the Government.
3. Overnight domicile of a Government Vehicle may be permitted during the course
of field duty, DM 412, Departmental Motor Vehicle Handbook, Chapter
5.1B(3)(b) states: “Employees engaged in field work the character of whose
duties makes such transportation necessary and essential to the protection of life
and property. This use must be authorized, in writing, in advance by using BLM
Form 1520-27, by the heads of bureau or designees”.
SECTION 28.8 - VEHICLE ACCIDENTS
1. Under normal conditions Employees will be required to immediately report any
vehicle accident involving a GOV, fleet lease vehicle or rental vehicle to their
immediate Supervisor.
2. If a private citizen and/or property is involved in an accident with a GOV, fleet
lease or rental vehicles the Employee (vehicle driver) can expect that a Tort Claim
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may be filed. It is responsibility of the Employee to fill out a SF 91, Operators
Report of Motor Vehicle Accident, and make a reasonable effort to obtain such
information as the names and addresses of persons involved, driver’s and vehicle
license numbers, insurance policy references, the names and the addresses of any
witnesses, and pictures (when possible) of the accident scene from all directions
as soon as possible after the accident.
3. Vehicle accident investigation accomplished by the Employer will be in
accordance with governing law, rule and regulation. The Union President will be
notified of a vehicle accident involving a Bargaining Unit Employee.
4. In accordance with the Departmental Motor Vehicle Handbook (412 DM) the
Employer shall provide each government vehicle with an operators packet (412
DM, Chapter 9.6) which contains: 1) the name and telephone number for the Fleet
Manager; 2) notification of Government Self Insurance; and 3) all forms,
documents and information as identified in 412 DM Chapter 9.6.
5. For Employees who rent a vehicle for official government business, the Employer
will provide a letter of Government Self Insurance and all required forms and
documents for reporting an accident in a rental vehicle.
SECTION 28.9 - VEHICLE SPOTTERS
Employees who are tasked with driving vehicles in field conditions should be instructed
in the task of spotting for a vehicle operator when backing a vehicle, or maneuvering a
vehicle in close or confined locations.
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ARTICLE 29
UNIFORMS
SECTION 29.1 - GENERAL
The Parties agree to the following concerning the wearing of uniforms by the Employees
covered under this Agreement:
1. Employer may require an Employee to wear a uniform in accordance with BLM
Manual 1103 – Uniforms, dated November 13, 2001. This manual sets forth
policies and procedures for wearing and procuring the official uniform, uniform
classifications, components and payment of uniform allowances. If during the
term of this Agreement BLM-Manual 1103, dated November 13, 2001, is updated
and or deleted, this change will be evaluated by the Parties and affected Sections
of this Article may be appropriately renegotiated if necessary.
2. In accordance with BLM Manual 1103, Supervisors are responsible to meet the
uniform policy objectives of BLM.
3. When the Employer requires an Employee to wear a uniform, either routinely or
for special occasions, it will be in compliance with the above Policy and this
Agreement.
4. The Employer will annually notify the Union President or their designee of the
Bargaining Unit positions for which mandatory uniform wear is required.
5. The Supervisor shall notify an Employee of the uniform requirement, as far in
advance as possible, for special occasions, and at least fourteen (14) calendar days
in advance for a change in the uniform required for routine use.
6. For a routine change in uniform wear, i.e., contemporary to traditional or a
component change, the Employer’s notification of such a change will be in
writing.
7. For Employees who are represented under this Agreement and are required to
wear a uniform when accomplishing their assigned duties the Parties agree that it
is appropriate for Employees to wear the uniform in the course of their personal
business while commuting to and from their work location. However, Employees
should be cognizant of the image portrayed while wearing the uniform during
non-duty hours as they may be perceived as representing the BLM.
8. In accordance with 5 CFR 591.104 the Employer may establish a higher initial
maximum uniform allowance rate (uniform funding) than that stipulated in this
Article.
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9. Temporary Employees are those Employees whose employment will not exceed
one year. Permanent and Term (this includes Student Career Experience Program
(SCEP) Employees) are those Employees whose employment will exceed one
year.
SECTION 29.2 - EXCEPTIONS TO UNIFORM WEAR ALL EMPLOYEES
In accordance with BLM Manual 1103.06 D7, Managers/Supervisors may grant uniform
wear exemptions to address an individual’s medical condition, safety or significant
personal issue(s). Therefore, an Employee who wishes to request an exemption to a
requirement to wear a uniform may request in writing from his/her Supervisor an
exception for the requirement to wear a uniform or uniform component. The Employee’s
Supervisor will consider this request when determining if an Employee will be required
to wear a uniform or specific uniform component when accomplishing his/her assigned
duties.
SECTION 29.3 - NON-LAW ENFORCEMENT PERMANENT/TERM
EMPLOYEES
1. Employees whose employment will exceed one year and are required to wear a
uniform when accomplishing their assigned duties, will be authorized to select the
daily wear uniform and the Employer will provide funding to meet this
requirement, in accordance with the following:
a. Employees will be authorized to determine, within the discretion provided
to BLM-California for uniform selection by BLM-Manual 1103, what
uniform class or appropriate optional component(s) of a uniform class,
will be worn when performing their assigned duties except where a
conflict arises with a uniform standard established by the Employer for
scheduled special events, established safety requirements determined by a
job hazard analysis, or protective equipment requirements established by
law or Departmental/Bureau policy. It will be the Employee’s
responsibility to report for duty meeting the safety and/or special events
uniform requirements for that day’s work assignments.
b. To meet scheduled/unscheduled special events the Employee’s Supervisor
may require that the Employee obtain one complete Traditional uniform
type for supporting and/or representing the BLM at special occasions.
c. Employees required to wear an official uniform shall receive funding for
purchasing the uniform components commensurate with the
Employer/Supervisor’s uniform wear requirements. For frequent (one to
two days a week or more) and daily uniform wear requirements the
Employee will receive six hundred dollars ($600) per uniform funding
year. For Employees who are infrequently (less than one to two days a
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week) required to wear a uniform the Employee will be funded three
hundred dollars ($300) per uniform funding year.
d. At the discretion of the Employee’s Supervisor, an Employee receiving
the lesser uniform funding may receive a higher uniform funding not to
exceed six hundred dollars ($600) for the uniform year. Employees who
are required to wear a uniform infrequently and are receiving less than the
six hundred dollars ($600) maximum uniform funding may request to
receive a higher funding. This request must be in writing to their
Supervisor and specifically state the reason for the request. The
Supervisor’s decision to grant or deny the request is final. This decision
will be provided to the Employee in writing.
2. Employees will not be required to report for assigned duty wearing a specific
uniform type or component if the Employee has not been:
a. provided previous Manager/Supervisor authorization to buy this uniform
type or component;
b. provided funding for this uniform type or component; and
c. provided sufficient time for acquiring the uniform type or component.
3. Union representatives who are required to wear a uniform will, at their discretion,
be allowed to wear civilian attire or their uniform when on Official Time granted
in accordance with this Agreement for meetings with an Employee or
Management on such issues as grievance resolution, arbitration, negotiations or a
meeting called by Management.
SECTION 29.4 - NON-LAW ENFORCEMENT TEMPORARY EMPLOYEES
1. Employees whose employment will not exceed one year and are required to wear
a uniform when accomplishing their assigned duties, will be authorized to select
the daily wear uniform and the Employer will provide funding to meet this
requirement in accordance with the following:
a. Employees will be authorized to determine, within the discretion provided
to BLM-California for uniform selection by BLM-Manual 1103, what
uniform class or appropriate optional component(s) of a uniform class will
be worn when performing their assigned duties except where a conflict
arises with a uniform standard established by the Employer for scheduled
special events, established safety requirements determined by a job hazard
analysis, or protective equipment requirements established by law or
Departmental/Bureau policy. It will be the Employee’s responsibility to
report for duty meeting the safety and/or special events uniform
requirements for that day’s work assignments.
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b. To meet scheduled/unscheduled special events the Employee’s Supervisor
may require that the Employee obtain one complete Traditional uniform
type for supporting and or representing the BLM at special occasions.
c. Employees required to wear an official uniform shall receive funding for
purchasing the uniform components commensurate with the
Employer/Supervisor’s uniform wear requirements. For frequent (one to
two days a week or more) and daily uniform wear requirements the
Employee will receive six hundred dollars ($600) per uniform funding
year. For Employees who are infrequently (less than one to two days a
week) required to wear a uniform the Employee will be funded at least
three hundred dollars ($300) per uniform funding year. At the discretion
of the Employee’s Supervisor, an Employee receiving a lesser uniform
funding may receive a higher uniform funding not to exceed six hundred
dollars ($600) for the uniform year.
d. At the discretion of the Employee’s Supervisor, an Employee receiving
the lesser uniform funding may receive a higher uniform funding not to
exceed six hundred dollars ($600) for the uniform year. Employees who
are required to wear a uniform infrequently and are receiving less than the
six hundred dollars ($600) maximum uniform funding may request to
receive the higher funding. This request must be in writing to their
Supervisor and specifically state the reason for the request. The
Supervisor’s decision to grant or deny the request is final. This decision
will be provided to the Employee in writing.
2. For this category of Employee, uniform components will be considered
government property and returned to the issuing office upon termination of the
Employee. If the Employer reissues turned in uniform components in a uniform
recycle/exchange program it will be the Employer’s responsibility to issue these
components in good, clean condition. Terminating Employees will not be
required to meet this condition.
3. Temporary Employees who are represented under this Agreement will not be
required to report for assigned duty wearing a specific uniform type or component
if the Employee has not been: 1) provided previous Manager/Supervisor
authorization to buy this uniform type or component; 2) provided funding for this
uniform type or component; and 3) provided sufficient time for acquiring the
uniform type or component.
4. Union representatives that are temporary Employees and required to wear a
uniform will, at their discretion, be allowed to wear civilian attire or their uniform
when on Official Time granted by the Employer for meetings with an Employee
or Management on such issues as grievance resolution, arbitration, negotiations or
a meeting called by Management.
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SECTION 29.5 - UNIFORM WEAR LAW ENFORCEMENT EMPLOYEES
1. BLM Law Enforcement personnel covered by this Agreement will be issued and
wear Uniforms in accordance with Departmental Manual 446, Chapter 12, BLM
Manual 1103, Uniforms, and BLM Manual 9260 - Law Enforcement General
Orders. It is understood by the Parties to this Agreement that appropriate daily
uniform wear will be determined by the Employer in accordance with the above
aforementioned citations.
2. In accordance with BLM Manual 9260, BLM Law Enforcement personnel
required to wear a uniform will receive six hundred dollars ($600) per uniform
funding year.
3. Law Enforcement Employees who are represented under this Agreement will not
be required to report for assigned duty wearing a specific uniform type or
component if the Employee has not been: 1) provided previous
Manager/Supervisor authorization to buy this uniform type or component; 2)
provided funding for this uniform type or component; and 3) provided sufficient
time for acquiring the uniform type or component.
4. Union representatives who have law enforcement duties and are required to wear
a uniform will, at their discretion, be allowed to wear civilian attire or their
uniform when on Official Time granted by the Employer for meetings with an
Employee or Management on such issues as grievance resolution, arbitration,
negotiations or a meeting called by Management.
SECTION 29.6 - UNIFORM WEAR STANDARDS
1. Employees will be instructed as to the proper standard of wearing the uniform at
the time that they are notified of the requirement/authorization to wear a uniform
when accomplishing their assigned duties.
2. Traditional personal items, such as wallets, glasses, pens, cell phones, keys, etc.,
may be carried or worn provided they do not create unreasonable bulges in pants
or unreasonably detract from the appearance of the uniform.
3. If a Supervisor implements a regular dress down day or a dress down day for a
special occasion, at the Supervisor’s discretion, it may be made available for
Employees required to wear a uniform.
4. Employees required to wear a uniform will be allowed to wear NFFE/IAMAW
Union pins up to one and three quarter (1 3/4") inches in diameter at any time
with their uniforms. They will be placed in such a manner as to not cover name
plates or logos, or create a safety hazard. While performing representational
duties, the Stewards may wear a Stewards badge in lieu of changing clothes.
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5. Except for required safety footwear identified in a Job Hazard Analysis, the
Parties to this Agreement understand that acceptable footwear for wearing with a
prescribed uniform will be dark brown, cordovan (burgundy brown) or black
shoes/boots of a style selected by the Employee. Further, the Employee’s
Supervisor may authorize the wearing of other footwear (e.g., athletic shoes),
based on field conditions and the Employee’s assigned duties (such as, hiking or
river activities).
6. Upon implementation of this Agreement for Employees currently required to wear
a uniform and for Employees newly required to wear a uniform, the Employer
agrees to allow a ninety (90) day period for the Employee to purchase appropriate
colored foot wear (e.g., brown, black, or cordovan shoes/boots) before enforcing
footwear requirements. Exceptions granted under Section .06D7 of the BLM-
Manual 1103, will be honored.
7. On a case-by-case basis, the Employee may request of their Supervisor
permission to change in or out of the Uniform while on duty.
8. Employees should be neat and clean in attire and personal grooming while in
uniform. The Parties understand that an Employee may not remain neat and clean
at all times while performing assigned duties due to the nature of those assigned
duties. In this circumstance, if an Employee is sent home by his/her Supervisor
before the end of the Employee’s work day for the purpose of changing uniforms
which have become soiled during the appropriate performance of their assigned
duties, this time spent during their normally assigned duty hours will be
considered hours of duty for the Employee. The Employee’s scheduled lunch
period may not be disrupted by this procedure.
9. Employees may conform to contemporary grooming styles that are consistent to
the office setting, provided that: 1) the styles do not create a health or safety
hazard; or 2) interfere with accomplishment of the mission of the Employer(s) by
reducing the Employee’s ability to deal effectively with either the public, fellow
Employees, other governmental agencies or organizational entities.
SECTION 29.7 - EMPLOYEE ATTIRE (NON-UNIFORM)
1. Employees may conform to contemporary apparel and contemporary grooming
styles that are consistent to the office setting, provided that: 1) the styles do not
create a health or safety hazard; or 2) interfere with accomplishment of the
mission of the Employer(s) by reducing the Employee’s ability to deal effectively
with either the public, fellow Employees, other governmental agencies or
organizational entities.
2. Employees should be neat and clean in attire and personal grooming while on
duty. The Parties understand that an Employee may not remain neat and clean at
all times while performing assigned duties due to the nature of those assigned
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duties. In this circumstance, if an Employee is sent home by his/her Supervisor
before the end of the Employee’s work day for the purpose of changing clothes
which have become soiled during the appropriate performance of their assigned
duties, this time spent during their normally assigned duty hours will be
considered hours of duty for the Employee. The Employee’s scheduled lunch
period may not be disrupted by this procedure.
SECTION 29.8 - CLOTHING LOCKER AND DRESSING AREAS
1. Clothing lockers will be provided for those Employees who are
required/authorized to wear a uniform. Clothing lockers will be provided as
follows. For facilities with existing lockers which meet the needs of Employees
required/authorized to wear a uniform the existing lockers will stay status quo.
For existing facilities which require no modification and the inclusion of new
lockers does not unacceptably affect the ability of the Bureau to accomplish its
mission, the Employee will be provided a securable storage area with interior
measurements of at least 8" wide x 36" high x 24" deep. Full compliance with
this stipulation to be accomplished by the end of the First (1st) year of this
Agreement.
2. Lockers and Dressing areas for all new buildings will be negotiated between the
Employer and affected exclusive representative as part of required negotiations
for new office space to the fullest extent allowed by the Statute. The above 8"
wide x 36" high x 24” deep locker size will not necessarily be a controlling basis
for these negotiations unless mutually agreed to by the Parties.
3. Dressing areas to accommodate those Employees who are required to wear a
uniform and who choose not to travel to work in the uniform or to change from
their uniform to civilian attire prior to leaving work will be provided as follows: a
reasonably private locking area such as an office, or shower room with attached
sign indicating single occupancy when in use as a changing room.
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ARTICLE 30
CONTRACTING OUT OF WORK
SECTION 30.1 - GENERAL
The Employer retains the right to determine how work will be accomplished to meet the
BLM mission. The Employer will abide by all applicable laws, rules, regulations
concerning contracting out. The Employer agrees to make reasonable efforts to minimize
adverse actions to affected Employees caused by a contracting out decision. Under this
Article, the Union does not waive any rights granted by law, rule, regulation, or OMB
Circular A-76 and Supplement.
SECTION 30.2 - PRIOR NOTIFICATION TO UNION
When the Employer anticipates the contracting out of work presently being performed by
Bargaining Unit Employees, regardless of how the contract is to be implemented (i.e.,
competitive, minority, etc.), the President of the Union will be notified upon the
Employer’s decision to prepare a Performance Work Statement. The notice will include
information concerning the Employees who may be affected.
SECTION 30.3 - UNION REQUESTED DISCUSSIONS
Following such notice, upon request from the Union, the Employer will meet with the
Union to discuss the decision as soon as reasonably possible.
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ARTICLE 31
BOARD OF SURVEY/PROPERTY MANAGEMENT
SECTION 31.1 - BOARD OF SURVEY
The Agency may conduct Board of Surveys in accordance with the procedures provided
within Department Manual (DM) 410 subpart 114-60, dated June 12, 1995. The 410 DM
114-60 establishes the basic requirements for the appointment of Boards of Survey or
Survey authorities to investigate circumstances surrounding lost, stolen, damaged, or
destroyed and unserviceable property. It establishes requirements for investigation,
reporting findings, and for making determinations for the relief of accountability. It also
prescribes personal financial liability for lost, stolen, damaged, or destroyed Government
property, and review of Survey actions.
It is understood by the Parties to this Agreement that:
1. if during the term of this Agreement Departmental Manual (DM) 410 subpart
114-60 dated June 12, 1995 is updated, deleted and or supplemented by authority
of the Department of the Interior, this change will be evaluated by the Parties and
if mutually agreed affected Sections of this Article may be renegotiated;
2. the Employer will ensure that Employees assigned to survey board duties will
have a reasonable understanding of relevant property Management regulations
and board of survey procedures;
3. DM 410 subpart 114-60 will be equitably applied to all Employees; and
4. if the Employee elects to orally address a survey board in accordance with DM
410, 114-6.810-2 and the Employee invokes his/her Wiengarten Rights, the
Chairman of the Board of Survey will inform the Employee if the information
being provided by the Employee may be used for disciplinary action.
It is also understood by the Parties that the following will be accomplished in accordance
with the above-cited DM.
1. The Employer will:
a. investigate the circumstances surrounding lost, stolen, damaged, or
destroyed government property;
b. notify the Employee of the procedures for responding to this type of
investigation;
c. report a finding of personal financial liability for lost, stolen, damaged or
destroyed government property to an Employee; and
d. notify the Employee of the procedures for requesting a review/appeal of
the Employer’s finding that an Employee is personally financially liable
for lost, stolen, damaged, or destroyed government property.
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e. Financial liability will be determined in accordance with 410 DM 114-
60.810-1.
2. In accordance with DM 114-60.810-3:
a. any deliberation concerning an Employee’s financial liability must be
completely separate and apart from, and without prejudice to or from, any
personnel action that may be under consideration (e.g., admonishment,
reprimand, suspension, reassignment, demotion, etc.);
b. the assessment of financial liability will not be used in lieu of, or as a form
of, disciplinary action; and
c. Survey Boards/Officers may not recommend personnel actions, and will
confine their recommendations to recovering Government losses and
correcting the cause of the incidents.
3. When a Board of Survey/Survey Officer finds that an Employee covered under
this Agreement should be held liable for property loss, the Board of
Survey/Survey Officer will determine the exact dollar amount, and, specify in
writing the Employee’s exact financial liability (see 410 DM 114-60.810-4).
4. Immediately upon review and approval of a survey action by an appropriate level
of authority the affected Employee will be provided a copy of the complete
signed, reviewed and approved Report of Survey file, including findings and
recommendations.
5. The Employer may elect not to collect an amount of less than one hundred dollars
($100) for a finding of simple negligence (see 410 DM 114-60.810-9).
SECTION 31.2 - PROPERTY ACCOUNTABILITY
In accordance with BLM Manual 1520, all Employees have a personal obligation for the
proper use, care, security, and return of personal (Government) property entrusted to
them, or under their control or direct supervision. The Employer(s) agree to ensure that
Employees who are issued or assigned the use of Government property are informed of
their responsibilities for use, care, and safeguarding of Government property in
accordance with the above BLM Manual. (See 152.04D and .06A)
SECTION 31.3 - RIGHT TO APPEAL/GRIEVE FINDING OF FINANCIAL
LIABILITY
The Parties to this Agreement agree to the following concerning the Employee’s right to
appeal/grieve an approved Board of Survey/Survey Officer’s findings of financial
liability.
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1. Employees who have been found financial liable through an approved Board of
Survey/Survey Officer’s findings may, at the discretion of the aggrieved
Employee, file and appeal in accordance with 410 DM 114-60.810-6 (see 43 CFR
4.700 - 4.704) or file a grievance at Step Three (3) of the Negotiated Grievance
Procedure (see Article 37), but not both. An Employee shall be deemed to have
exercised his/her option to raise a matter either under the applicable appellate
procedure or under the Negotiated Grievance Procedure at such time as the
Employee timely files a notice of appeal under the applicable appellate
procedures or timely files a grievance in writing in accordance with the provisions
of the Parties’ Negotiated Grievance Procedure.
2. Collections of the Employee’s debt will be delayed until disposition of the
grievance and/or appeal has been had.
3. In advance of any money demand of an Employee by the Employer, the
Employee must be informed in writing and the demand must include the reason in
accordance with 5 CFR 550.1104.
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ARTICLE 32
INVESTIGATIONS
SECTION 32.1 - GENERAL
In accordance with applicable law, regulation, and Agency policy the Employer will
determine the appropriate method of internal investigation that will be conducted. In
addition, criminal investigations will be conducted in accordance with the BLM's Law
Enforcement General Orders, and directives of the Office of the Inspector General (OIG)
and the Department of Justice. Investigations that are not criminal in nature and are
conducted by the Employer through administrative procedures will be performed by
Management Officials. The Employer will make a reasonable effort not to assign
Bargaining Unit Employees any duties related to investigating an alleged violation by
another Employee. The privacy of an individual being investigated will be protected to
prevent any undue embarrassment. The Employer will consider assigning an official
(investigator) from outside an office/duty station if the inquiry to be made may result in
dissension within the office/duty stations.
SECTION 32.2 - REPRESENTATION
1. An Employee's right to Union representation under section 7114(1)(2)(B) of the
Statute, applies to all inquiries and investigations, including criminal
investigations, conducted by the Employer. (see Article 3 and inside cover for
Weingarten Right)
2. When a special agent or any Employer representative empowered to conduct an
investigation issues a Warning and Assurance to provide information to an
Employee they will include the Employee’s “Weingarten Right” in this
notification. (see Appendices G & K)
3. The Union will in accordance with Section 7114(a)(2)(A), of the statute, be
afforded 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 of
their representatives concerning any grievance, or any personnel practice, or other
conditions of employment.
SECTION 32.3 - TIMELINESS
When the Employer receives an allegation of misconduct and the Employer determines it
necessary to interview a Bargaining Unit Employee as a result, the Employer will do so
as soon as practical.
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ARTICLE 33
DRUG TESTING
SECTION 33.1 - GENERAL
1. The Employer agrees to provide a written notice to an Employee within fourteen
(14) calendar days of either designating a position as sensitive, subject to random
drug testing or entry on duty to such a position. This notice will include
information on the Drug Program policies, procedures, and appeal rights. Under
no circumstances shall the urinalysis test be used as a punitive measure.
2. Upon request, the Union will be provided lists of positions which are classified as
sensitive and are included in the random drug testing program.
SECTION 33.2 - TEST PROCEDURES
1. If the urine sample is to be provided off-site, the Employer will provide
transportation to the site unless the Employee requests other arrangements.
Employees will be authorized a reasonable amount of Official Time for travel to
and from the site where the sample is to be provided. Required travel will be in
accordance with applicable law, rule and regulation.
2. The Employer agrees to follow Health and Human Services (HHS) guidelines for
performing all test procedures.
SECTION 33.3 - TEST RESULTS
1. Employees shall not be required to disclose the legitimate use of a specific drug.
Employees will have an opportunity to provide medical documentation supporting
legitimate usage upon a positive test result. To be found a valid explanation of a
positive drug test result, medical documentation provided by an Employee must
be administratively acceptable in accordance with 5 CFR 339.104.
2. When an Employee is notified of a confirmed positive test result the Employee
shall be notified of his/her right to Union representation at any meeting(s)
concerning the test result. This right shall extend to meetings with any medical
personnel.
3. For Employees who have a confirmed positive drug test, the Employer will, if
applicable, provide information about access to drug treatment and rehabilitation
programs as described under DOI, HHS, and Employee Assistance Program
guidelines. The Employer will in accordance with applicable law, regulation and
policy determine if it is appropriate for the Employee to continue Federal
employment.
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4. Upon request, the Union shall be provided copies of all laboratory proficiency test
results reasonably available to the Employer. Data concerning the Employer’s
drug testing program may also be appropriately requested by the Union under 5
USC Chapter 71.
5. It is understood by the Parties to this Agreement that should the current drug
testing procedures used by the Employer be changed, these changes will be
appropriately negotiated in accordance with 5 USC Chapter 71.
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ARTICLE 34
REORGANIZATIONS
REASSIGNMENTS AND DEMOTIONS
SECTION 34.1 - REORGANIZATIONS
1. The Employer will determine the administrative and functional structure of the
organization. The Employer agrees to inform the Union when reorganizations are
being considered. The Parties recognize that it may be beneficial to the Agency
to involve the Union in meetings concerning organizational structure prior to
making the final decision concerning a reorganization. At the earliest possible
date the Parties will meet and discuss in detail the possible reorganization. If the
meetings do not result in an agreement between the Parties the Employer will
present the Union a formal notification of the Agency’s decision to reorganize.
The Employer will, in accordance with Article 43 of this Agreement, negotiate
organizational changes which impact the working conditions of the Bargaining
Unit.
2. At the earliest possible date, and prior to notification to affected Employees, the
Employer agrees to provide the following information to the Union:
a. the reason for the reorganization;
b. the numbers, types and grades of Employees involved, including charts
indicating pre-reorganization structures and the organization when
implemented;
c. the anticipated effective date of the action; and
d. in accordance with applicable law and regulation additional information
may be requested by the Union when available.
3. The Employer agrees to explore other possible Employer actions to avoid
demotions or reassignments outside the commuting area, which may arise from a
reorganization.
SECTION 34.2 - INVOLUNTARY REASSIGNMENTS
1. At the Employer’s discretion, the Employer may reassign Employees to positions
located in the same, or a different, commuting area. The Employer will strive to
use reassignments to existing vacancies in continuing positions to reduce the
possibility of Reduction In Force as a result of a reorganization provided the
Employee is qualified and can properly perform the duties.
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2. The effective date for involuntary reassignments will not be less than sixty (60)
calendar days from the notification date unless agreed to by the Employee or the
new position is in the same commuting area.
3. In accordance with law and regulation the Employer will pay appropriate
permanent change of station costs and provide a reasonable excused absence of up
to forty (40) hours from the losing Supervisor and forty (40) hours from the
gaining Supervisor (if in BLM-California) to arrange for the move for Employees
who are given directed reassignment outside the commuting area.
4. For Employees who were reassigned to a position with substantially different
duties from those performed in their previous position the Employer will provide
appropriate job related training as determined by the Employer. The Employer
will allow the Employee reasonable time to reach acceptable performance in the
newly assigned duties.
SECTION 34.3 - DEMOTIONS GENERAL
Demotion is a reduction in grade.
1. Demotion at an Employee’s request that is for his or her benefit, convenience, or
personal advantage is considered to be voluntary.
2. Pay and grade retention or re-promotion consideration shall not apply to an
Employee who is reduced in grade or pay for personal cause (see CFR 536.101-
105) or at the Employees request, unless otherwise provided by law and
regulation.
3. Pay and grade retention in accordance with 5 CFR 536 will apply to Employees
demoted as a result of Reduction In Force procedures or a reclassification process.
4. Employees who are downgraded as a result of Reduction In Force procedures will
be entitled to appropriate consideration for re-promotion in accordance with 5
CFR 351 and Article 35.
SECTION 34.4 - BARGAINING
In accordance with applicable law, rule and regulation the Union will be provided the
opportunity to negotiate reorganizations, reassignments and demotions.
SECTION 34.5 - REFERENCE
Actions taken under this Article are governed in accordance with 5 CFR 351 and Article
35 of this Agreement, or Adverse Actions in accordance with 5 CFR 752 and Article 36
of this Agreement.
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ARTICLE 35
REDUCTION IN FORCE/FURLOUGH
SECTION 35.1 - GENERAL
1. The Parties to this Agreement recognize that a Reduction In Force (RIF) and
Furlough can have a traumatic and demoralizing impact on current and future
BLM-California Employees. It is also recognized that there are few solutions to
many of the resulting problems. Therefore, the Employer will strive to take
reasonable steps to avoid or prevent a furlough or RIF. It is important that
Employees and their Union representatives should be involved in the aspects of
the Employer implementing a RIF or Furlough,
2. The Parties also understand that the Employer has the right to decide whether a
RIF or Furlough is necessary, when it will take place, and what positions are
abolished. The procedures for implementing a RIF are governed by the
requirements of law (5 CFR 351). RIF regulations will be applied when an
Employee is faced with separation or downgrading for such reasons as:
a. reorganization;
b. lack of work;
c. shortage of funds;
d. insufficient personnel ceiling;
e. the exercise of certain reemployment or restoration right;
f. (6) furlough for more than 30 consecutive days, or more that 22
discontinuous work days; or
g. transfer of Function.
3. It is also understood by the Parties that in addition to the above, the Employer is
to satisfy the requirements of 5 USC Ch. 71 to negotiate or consult, as
appropriate, with the Union of the affected Employees when bargaining and/or
implementing a RIF. The Employer will be mindful of existing applicable
Agreement language when implementing a RIF.
4. With the above understanding the following Section will apply.
SECTION 35.2 - REDUCTION IN FORCE
1. NOTIFICATION REQUIREMENTS
a. At the earliest possible date, and prior to notification of affected
Employees, the Employer will notify the Union Local President, or their
designee, of the proposed implementation date of a RIF and/or transfer of
function in accordance with the following:
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b. The Employer will notify the Union President or designee representing the
Bargaining Unit when Employees are being reassigned in lieu of RIF,
reduced in grade or separated by RIF procedures.
c. At the earliest possible date and prior to notification of affected
Employees, the Employer agrees to provide the following information to
the Union:
i. the reason for the RIF or transfer of function;
ii. the numbers, types and grades of Employees involved;
iii. the anticipated effective date of the action; and
iv. in accordance with applicable law and regulation, additional
information requested by the Union will be released by the
Employer when available.
d. The Employer agrees to provide the affected Employees and the Union
President or designee information concerning the progress and impacts of
any furlough or RIF action by making available accurate information
throughout the process as soon as it reasonably becomes available. The
Employer will endeavor to make Employees aware of the various
employment placement programs.
2. GOVERNING REGULATION COMPLIANCE
a. All RIF will be carried out in accordance with applicable law and
regulation.
3. REDU CING IMPACT OF RIF
a. In the event of a RIF, existing vacancies will be utilized to the maximum
extent possible to place Employees in continuing positions in order to
minimize adverse actions and reduce separations.
b. The Employer shall request, when appropriate, that the OPM determine
that the Employer is undergoing a RIF for the purpose of authorizing
voluntary retirements under 5 USC 8336(d)(2).
c. At such time as a RIF has been announced, the Employer or designated
representative of the Employer shall meet individually with affected
Employees eligible for optional or involuntary retirement and who request
it to explain its benefits.
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d. For Employees reassigned by RIF procedures, thirty (30) days prior to the
effective date of the reassignment, the Employer will provide an accurate
classified position description and performance plan for the position to be
reassigned to. After the effective date of the reassignment the Employee
may, with the Supervisor, develop an Individual Development Plan.
e. For Employees who were placed in a position with different duties from
those previously performed in their previous position, the Employer will
provide appropriate job related training as determined by the Employer.
The Employer will allow the Employee reasonable time to reach
acceptable performance of the newly assigned duties.
4. ACCESS TO INFORMATION
a. Retention registers shall be established and Employees listed in order of
their retention standing, tenure group, and sub-group.
b. An Employee affected by RIF or their designated representative has the
right to inspect Reduction In Force records pertaining to the Employees
individual action.
5. RIF NOTICES
a. In the event of RIF, the Employer shall provide a written notice to each
Employee affected by a change to lower grade, separation or reassignment
in lieu of RIF at least sixty (60) calendar days prior to the effective date.
The notice shall state what action is being taken, the effective date of the
action, the Employee's service computation date and sub-group. It shall
describe the Employee's competitive area and competitive level. Rights of
appeal and time limits on such appeals will also be in the notice.
6. SALARY / GRADE RETENTION
a. Salary and Grade retention for Employees affected by RIF will be
provided for in accordance with appropriate law and regulation.
7. UNEMPLOYMENT/RE-EMPLOYMENT
a. In the event of a RIF affecting release of Employees, the Employer will
determine from the appropriate State employment service whether any of
the affected Employees may be eligible for training at government
expense, and if so, will inform the Employees how to apply for such
training.
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b. The Employer will advise Employees who are separated by RIF of other
federal agencies within the competitive area who may be a possible source
of employment.
c. Any career or career conditional Employee who is separated because of
RIF will be placed on a re-employment priority list in accordance will
applicable rule and regulation, and such Employees will be given
preference for permanent positions for which they are qualified.
8. DETAILS DURING RIF
a. Details necessary during RIF or transfer of function will be in accordance
with Article 20 of this Agreement.
b. Employee’s on detail will not be released from the position of detail but
rather the Employees permanent position.
9. REPROMOTION OF DOWNGRADED EMPLOYEES
a. Employees who are downgraded as a result of RIF will be entitled to
appropriate promotional consideration for repromotion in accordance with
the following:
i. Employees who have been downgraded without personal cause and
not at their own request while serving under a career or
career-conditional appointment (or one of equivalent tenure) shall
be entitled to priority referral for noncompetitive consideration for
permanent promotion prior to a vacancy being filled by
competitive promotion under Article 20. Such Employees shall be
entitled to priority referral and consideration only to vacancies for
which the downgraded Employee is highly qualified up to the
grade level or the equivalent level of the position from which
downgraded.
ii. A listing of the ten most senior highly qualified downgraded
Employees will be referred to the selecting Management official
before a competitive promotion certificate is issued and before
referral of other candidates not entitled to preferred placement by
applicable regulations (e.g., reassignment eligibles). If there are
less than ten highly qualified repromotion eligibles, all highly
qualified eligibles will be referred.
iii. Priority consideration does not require mandatory selection. A
repromotion eligible Employee who declines consideration or
selection which is a proper offer of a position will be removed
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from consideration at that grade or lower and removed from the
repromotion list and their grade/pay retention will be terminated.
10. COMPETITIVE AREA
a. In accordance with 5 USC Chapter 71, the Union President or designee
will be offered the opportunity to negotiate, as appropriate, the
competitive area for the RIF.
SECTION 35.3 - FURLOUGHS
A Furlough is the placement of an Employee in a temporary nonpay and nonduty status
(or absence from duty) because of lack of work or funds, or for other nondisciplinary
reasons.
1. NOTIFICATION REQUIREMENTS
a. Prior to notification of affected Employees, the Employer agrees to notify
the Union of the proposed implementation of a Furlough in accordance
with Section 35.2 (see RIF notification).
2. IDENTIFICATION OF FURLOUGHED EMPLOYEES
a. Furloughs of Thirty (30) Days or Less
i. When the Employer determines to Furlough some, but not all of
the Employees in a competitive level for thirty (30) days or less,
the Employer agrees to first solicit volunteers from among the
Employees in the affected competitive levels.
ii. A Notice of proposal to Furlough an Employee will state the basis
for selecting the Employee, as well as, the reason(s) for the
Furlough.
b. Furloughs of More Than Thirty (30) Days or More than Twenty-Two (22)
Work Days
i. Employees selected for Furloughs exceeding thirty (30) days will
be identified in accordance with 5 CFR 351.501.
ii. An Agency may Furlough a competing Employee only when it
intends within one year to recall the Employee to duty in the
position from which furloughed.
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2. UNEMPLOYMENT BENEFITS
The Employer will inform Employees they may be eligible for unemployment
benefits. The Employer will provide a fact sheet containing unemployment
benefits information.
3. BENEFITS
The Employer will provide information to Employees regarding the effects of
Furlough on all employment benefits such as, but not limited to, health and
life insurance, retirement and TSP.
4. LETTER TO CREDITORS
The Employer will provide a letter for each Employee to send to his/her
creditor(s) explaining the Furlough.
5. PROCEDURE FOR RECALLING EMPLOYEES
The Employer will provide a telephone number for contacting the Employer
during the Furlough. Additional procedures may be negotiated by the Union,
as appropriate.
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ARTICLE 36
DISCIPLINARY AND ADVERSE ACTIONS
SECTION 36.1 - GENERAL
1. For the purposes of this Agreement, an “adverse action” is defined as a
suspension for more than fourteen (14) days, a non-voluntary reduction in
grade/pay, a removal, or Furlough of thirty (30) days or less (5 USC 7512).
Adverse actions are appealable to the Merit System Protection Board (MSPB) or
through the Negotiated Grievance Procedure (NGP), but not both. They are also
appealable through the EEO process if discrimination is alleged.
a. Also, for purposes of this Agreement, “disciplinary actions” are actions
taken for misconduct which include letters of warning, reprimand and
suspension for fourteen (14) days or less. Although not directly
appealable to MSPB, disciplinary actions are appealable through the
Negotiated Grievance Procedure or the EEO process if discrimination is
alleged, but not both.
2. The Parties agree that the objective of discipline is to prevent the recurrence of
misconduct and to correct Employee behavior. Therefore, it is important that the
Supervisor/Employee relationship encourage early recognition and resolution of
potential performance or conduct situations which could lead to disciplinary
action by the Employer. When a Supervisor discusses possible discipline with an
Employee, Article 3, Section 3.2(b) of this Agreement applies.
3. The Parties agree that the objectives of the disciplinary process are prompt
recognition of misconduct, and just corrective action.
4. In determining the appropriate corrective action for misconduct, the Employer
should consider, not only the nature and gravity of the offence, but other factors
such as the Douglas Factors found in Appendix F of this Agreement.
5. Discussions between Supervisors and Employees regarding the correction of
unacceptable performance or conduct shall be conducted in private to avoid
embarrassment and to maintain confidentiality.
6. In accordance with 5 CFR 752 discipline shall be based on such cause as to
promote the efficiency of the Service, and in accordance with appropriate DOI
guidance, the penalty selected by the Employer should take into account all the
specific circumstances of the case including any mitigating factors. The Deciding
Official should ensure, to the extent possible, that Employees who commit similar
offenses are treated consistently.
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7. Counseling sessions may be used instead of disciplinary actions, whenever
determined appropriate by the Employer. Counseling sessions conducted by a
Supervisor are not considered discipline. Counseling sessions conducted by the
Supervisor to correct an Employee’s conduct or performance will be annotated on
the “Record of Counseling Instruction” form (Appendix E). A copy of this form
will be provided to the Employee.
SECTION 36.2 - TIMEFRAMES FOR INITIATING DISCIPLINE
1. Discipline is the responsibility and the right of the Employer. When the
Employer becomes aware of an offense or completes an investigation of the
matter the Employer agrees to initiate disciplinary actions in an efficient and
timely manner. In this respect, when an Employee is subject to discipline, the
Employer will strive to effect disciplinary action within sixty (60) days of the
completion of an investigation of the matter.
2. If for reasons of significantly changed circumstances, further delay in initiating a
disciplinary action is anticipated, a notice from the Employer to the Employee
advising that a disciplinary action is being considered, the general basis for the
action, and that the Employee will be informed when a decision has been made,
satisfies the requirements of this Section. If it is determined by the Employer that
no discipline is to be taken the Employee will be notified of this determination in
writing.
SECTION 36.3 - PROCEDURES
1. Before proposing and/or effecting disciplinary action against an Employee of the
Bargaining Unit, Management Officials shall attempt to ascertain all pertinent
facts both for and against the Employee.
2. Interviews and inquiries shall be conducted privately and in such a manner as to
minimize any personal embarrassment to the affected Employee. Further, if the
Supervisor has reason to counsel or discipline an Employee, such shall be
accomplished privately in a manner that will not embarrass the Employee.
3. When all facts have been gathered and disciplinary action appears to be in order,
discipline or a proposed notice thereof, as applicable, will be given to the
Employee in accordance with the procedures set forth in this Article. Subsequent
to issuance, the Employee will not be questioned further about the incident if
he/she has requested a Union representative until the representative is present.
4. Letter of Warning or Reprimand:
a. A letter of warning is a disciplinary action that is given to correct less
serious misconduct. It is maintained by the Supervisor for one year, but is
not placed in the Employee's OPF.
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b. A letter of reprimand is issued for more serious incident(s) of misconduct.
It is placed in the Employee's OPF for two (2) years.
c. A letter of warning or reprimand will be issued directly to an Employee
and will be sufficiently specific to indicate why the letter is being issued
and what the Employee can do to improve or take corrective action.
i. The Employee may file a grievance in accordance with the
negotiated grievance procedure (Article 37 of the Agreement).
ii. Midway through the time periods during which the letters are
retained, the Supervisor and the Employee will meet to determine
if the Employee has been successful in improving or correcting
his/her conduct.
iii. At the Employer's discretion, letters of warning or reprimand may
be removed earlier than the time specified.
5. Suspensions of Fourteen (14) Days or Less:
a. The Employer shall provide the Employee with at least thirty (30)
calendar days advance written notice stating the specific reasons for the
proposed action.
b. Upon receipt of the proposed suspension, the Employee will be allowed
seven (7) calendar days to respond to the charges orally and/or in writing,
and submit affidavits or other documentary evidence.
c. Normally the Employer shall issue a written decision within forty-five
(45) calendar days of the Employee’s response, or expiration of the time
limits in the preceding paragraph, whichever comes last.
6. Suspensions of More Than Fourteen (14) Days and Removals:
a. The Employer shall provide the Employee with at least thirty (30)
calendar days advance written notice stating the specific reasons for the
proposed action, unless there is reasonable cause to believe the Employee
has committed a crime for which a sentence of imprisonment may be
imposed (5 USC Section 7513(b)).
b. The Employee will be allowed fourteen (14) calendar days to respond to
the charges orally and/or in writing, and submit affidavits or other
documentary evidence.
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c. Normally the Employer shall issue a written decision within forty-five
(45) calendar days of the Employee’s response, or expiration of the time
limits in the preceding paragraph, whichever comes last.
SECTION 36.4 - LESSER PENALTIES
1. Where the Employer issues a proposed notice of disciplinary action under the
regulatory provisions of this Agreement, it is recognized that the Employer may,
after considering an Employee's response, subsequently decide or agree to impose
a lesser penalty covered by the provisions of this Article. When this occurs, it is
agreed that a final decision will be issued without the necessity of issuing an
additional proposed notice.
2. If the Employer decides that discipline is not appropriate, the Employee will be so
informed in writing.
SECTION 36.5 - FINAL DECISION
The notice of final decision, including the effective date of the action, will be issued to
the Employee. The Union will be invited by the Employer to the formal discussion
where the final decision is presented to the Employee. If there is a designated Union
representative, the Employer will provide an additional copy to him/her.
SECTION 36.6 - RIGHT TO GRIEVE OR APPEAL
1. Non-disciplinary counseling sessions are grievable at Step 1 of the NGP.
2. The Employee may file a grievance at Step 2 of the NGP regarding the issuance
of a letter of warning or reprimand, or suspension of fourteen (14) days or less.
3. Suspensions for more than fourteen (14) days or removals may be grieved using
the NGP at Step 2, or appealed to Merit System Protection Board (MSPB), but not
both.
4. Removals may be grieved at Step 2 of the NGP or appealed to the MSPB, but not
both.
5. Notification of a proposed suspension or removal action is not grievable.
SECTION 36.7 - ADVERSE ACTIONS
1. For adverse actions other than those described above, e.g., reduction in grade,
reduction in pay, Furloughs of thirty (30) days or less, nondisciplinary removals,
the advanced notice will be in accordance with 5 CFR 752.404 and will include
representational rights.
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2. Adverse actions may only be taken for such cause as to promote the efficiency of
the service.
SECTION 36.8 - HARMFUL ERROR
In accordance with 5 CFR 1201.56(c)(3), an otherwise valid disciplinary action may only
be overturned for procedural error if the Employee shows that the error caused substantial
harm or prejudice to his or her rights such that, if the error had not been made, the
Employer might have reached a different conclusion on the appropriate discipline to
impose.
SECTION 36.9 - TERMINATION OF PROBATIONARY EMPLOYEES
1. The probationary period for an Employee is an extension of the examining
process.
2. Termination of a probationary Employee for conduct or performance reasons will
take place only when appropriate.
3. A Supervisor of a probationary Employee should counsel the Employee as soon
as performance shortcomings are identified.
4. A notice of removal, containing the reasons for the action and the effective date,
will be given to the Employee. This action is not grievable, however, the
Employee will be advised in writing of his/her right to appeal to the MSPB.
SECTION 36.10 - AVAILABILITY OF INFORMATION
1. Copies of all documentation used by the Employer in support of the disciplinary
action will be provided to the Employee, or his/her designated representative.
This does not preclude the Employee’s designated Union representative from
requesting other relevant information pursuant to 5 USC 7114 (b)(4).
2. Once annually, the Employer will provide the Union President a list of all
discipline and adverse decisions concerning the Bargaining Unit for that year.
The list will indicate the type of disciplinary or adverse action taken by location
and if for reasons of significantly changed circumstances further time than the
sixty (60) days as indicated in Section 36.2(a) above was necessary for the
proposal or decision.
SECTION 36.11 - EXTENSION OF TIME LIMITS TO REPLY/GRIEVE
DISCIPLINE
1. Extensions for replying to a notice of proposed action will be granted for valid
reasons, such as workload, illness, accidents, death in the family and jury duty
and the employee or designated representative requests the extension in writing
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by the final date for the response. To request an extension to grieve a notice of
final decision the employee or Union designated representative must follow those
procedures found in MLA Article 37 Grievance Procedures.
2. If an employee is represented by the Union at the response stage of the
disciplinary process and the Union’s designated representative is denied Official
Time to meet with the employee, in accordance with Article 40, Section 40.7(a) of
this Agreement “if a delay in releasing a representative effects the Union’s ability
to meet a contractual time limit, the time limit will be extended equal to the
delay”.
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ARTICLE 37
GRIEVANCE PROCEDURES
SECTION 37.1 - PURPOSE AND SCOPE
1. This Article shall constitute the sole and exclusive procedure available to the
Employer, the Union, and Employees of the Bargaining Unit for the resolution of
grievances subject to the control of the Employer applicable to any matter
involving the interpretation, application, or violation of this Agreement or local
Supplements thereto, any matter involving working conditions, or any matter
involving the interpretation and application of policies, regulations, and practices
of the BLM. The Parties agree that every effort will be made by the Employer
and the aggrieved to settle grievances at the lowest possible level.
2. Pursuant to the Union’s responsibility to represent all Employees, it will be the
responsibility of the Union to counsel Employees seeking Union assistance in a
fair and objective manner.
SECTION 37.2 - PROTECTION FROM REPRISAL
The Parties agree that zero tolerance for reprisal, or intimidation, toward Employees for
filing grievances will be the standard of conduct. Inasmuch as dissatisfaction and
disagreements arise occasionally among people in any work situation, the filing of a
grievance shall not be construed as reflecting unfavorably on an Employee's good
standing, performance, loyalty, or desirability to the organization. No adverse actions
will be taken against the Employee for filing a grievance or requesting mediation to
resolve a complaint.
SECTION 37.3 - MATTERS EXCLUDED FROM THE NEGOTIATED
GRIEVANCE PROCEDURE (NGP)
1. This grievance procedure does not apply to those policies, practices and matters
concerning:
a. prohibited political practices;
b. retirement, life insurance or health insurance;
c. suspension or removal for national security reasons;
d. any examination, certification or appointment;
e. the classification of any position which does not result in the reduction in
grade or pay of an Employee;
f. non-selection for a position from among a group of properly ranked and
certified candidates;
g. letters of proposed disciplinary action; or
h. issues excluded or reserved to Management by law.
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SECTION 37.4 - GENERAL PROCEDURES
1. A grievance may be filed by the Union, an Employee, a group of Employees, or
the Employer. The Union has the right to have a representative present at all
formal discussions between the Employer and the Employee(s) held in the course
of proceedings conducted to resolve grievances. The Employer will notify the
Union President, or his/her designee, of any formal discussions as far in advance
as possible. The Union designated representative shall be permitted to present it's
views during the discussion(s).
2. The Union may counsel an Employee as to the appropriateness of using the NGP,
the validity of their grievance, whether the grievance is warranted or whether the
remedy sought is believed by the Union to be legal and feasible. For the purpose
of counseling an Employee on an issue the Employee perceives as a potential
complaint against the Agency, the Employer agrees to grant Official Time to the
Employee and the Local Union President or his/her designee, who are otherwise
in a duty status of up to thirty (30) minutes each. In coordination with the
designated Union representative, the Employee’s Supervisor will grant Official
Time in a timely manner subject to workload consideration. Official travel is not
authorized for this counseling. However, the Employer authorizes the use of
government telephone, fax or E-Mail for this purpose.
3. Employees presenting their own grievances under this Article must meet all
requirements (i.e., observance of time limits of filing, etc.) which apply to this
Article. The Employer will notify the Union President of receipt of a grievance
by providing a copy of all correspondence and other relevant information which
might be requested pursuant to Title 5 USC 7114(b)(4).
4. Employees who are otherwise in a duty status will be granted a reasonable
amount of Official Time for initiating, preparing, reviewing, and presenting a
grievance. An Employee or his/her representative must request and be released
from their assigned duties by their immediate Supervisor to use Official Time
granted by this Article. Employees will be released at the earliest opportunity
consistent with workload requirements.
SECTION 37.5 - GRIEVANCE MEDIATION
The Union and Employer acknowledge that mediation increases the Parties’ opportunities
to resolve workplace disputes and that mediation of workplace disputes is preferable to
the formal submission of grievances. Therefore:
1. It is agreed that when Union and Management are in dispute over an issue of this
Agreement and mutually agree to use mediation in an effort to resolve this dispute
and mutually request mediation in writing prior to the expiration of time allowed
to initiate a grievance as stipulated in Section 37.7(c) of this Article, all grievance
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time limits as stipulated in this Article are suspended until completion of the
mediation process or withdrawal from the mediation process by either Party.
2. It is further agreed that if Management and a Grieving Party who has timely
submitted a grievance, mutually agree to mediation at any step of the NGP, all
further submission of the grievance at the next step of the NGP for
Management/Union consideration will be held in abeyance. However, upon
completion of or withdrawal from the mediation process by either Party, and the
Grieving Party wishes to continue in the grievance process, it will be expected
that all further relevant time frames for consideration of the grievance by
Management/Union will be met starting on the date mediation was completed or
withdrawn from.
3. Mediation may be requested by the Employer, Employee, Union or by the Union
for the Employee at any time in the NGP process.
4. The Agency agrees to make reasonable effort to schedule mediation sessions
within fifteen (15) calendar days from the time of the mutual Agreement and
request for mediation. Any extension of this time frame must be mutually agreed
to by the Parties.
5. If mediation leads to a remedy for the filed grievance acceptable to both Parties,
the accepted remedy will be memorialized by the deciding official in the
appropriate remedy section of the Standard Grievance Record (Appendix A).
This will be considered Management’s decision for this step of the NGP.
6. If mediation leads to the resolution of issues not raised in the Employee’s
grievance, the resolution agreement will be developed and provided in writing to
all Parties prior to the conclusion of the mediation session. See Sections 37.5 (e),
(h) and (i) of this Article for issues raised in the Employee’s grievance.
7. If no resolution is reached in mediation the Parties will be provided a copy of the
Confidentiality Agreement.
8. Upon conclusion of mediation that did not result in the resolution of the grievance
or a withdrawal from mediation it is the Grievant’s, his/her representative’s or
Management’s responsibility, as appropriate, to proceed to the next step in the
NGP or complete the current step of the grievance as if no interruption had taken
place to pursue grievance mediation.
9. If mediation concludes without resolution of the grievance or a party withdraws
from the process, by mutual agreement of the parties the mediation session(s) may
serve as the Step 1 or 2 meetings referred to in Section 37.7(c) of the NGP. It is
understood by the Parties that any Confidentiality Agreement signed by the
parties during mediation will be null and void at this time.
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SECTION 37.6 - INFORMAL PROCESS
1. The Parties strongly endorse the concept that individual disputes should be
resolved informally between the Employee and the Employer. If an Employee
has an issue or problem, the Employee should take steps to bring it to the
Supervisor’s attention as soon as possible and attempt to reach resolution. If
resolution is not possible, an attempt should be made to resolve the matter at the
earliest possible step in the NGP.
2. A Bargaining Unit Employee, who is considering the filing of a grievance in
response to a Management action or occurrence, may request to meet and discuss
the issue with his/her immediate Supervisor. At the Employee’s request and with
the Supervisor’s approval, a Union representative will be allowed to be present at
this meeting on Official Time.
3. The Parties agree, that to resolve work place disputes set forth in this Agreement,
additional Alternate Dispute Resolution procedures may be negotiated and
developed.
SECTION 37.7 - NEGOTIATED GRIEVANCE PROCEDURE FOR EMPLOYEES
When an Employee determines it is necessary to file a grievance and the Employee
wishes Union representation during grievance resolution process:
1. The Employee will contact the Union President, or his/her designee, to request
Union representation.
2. The Union may informally submit Part I of the Standard Grievance Record (SGR)
to the Employee’s immediate Supervisor showing only a limited statement as to
the nature of the grievance and that Union representation was requested. (See
Appendix A)
3. Determining timely submission of a grievance and time limits concerning
grievance preparation will be the date of submission of the grievance by the
Union to the employee’s immediate supervisor.
4. To accomplish 1 and 2 above, whenever possible and appropriate, E-mail, phone
or fax will be used by the Employee when contacting the Union and for the
Union’s submission of the grievance to the Employee’s immediate Supervisor.
5. Management in coordination with the designated Union representative will be
responsible for the scheduling of grievance preparation, meetings and other
associated activities.
6. Subject to workload considerations, Management will ensure that the Employee
and Union representative are released on Official Time, in a timely manner for all
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activities associated with the grievance procedures. The Union representative will
be on Official Time when he/she would otherwise be in a duty status.
7. For grievance preparation and meetings, Management will provide private space,
such as, the Union office when located at the Grievant’s geographic work site,
interview room, conference room, or vacant office, as close to the Grievant’s
geographic work site as possible unless mutually agreed to otherwise.
8. The Union will be provided ten (10) work days in which to meet with the
employee before meeting with the employee’s immediate supervisor. If the
Union submits a request for data concerning the employee’s grievance during this
period the tolling of this 10 day period will stop on the date the data request is
received by the Employer and resume on the date the Union receives the
employer’s appropriate response.
When an Employee files a grievance and does not wish to be represented by the Union
during the grievance resolution process:
1. The Employee will submit Part I of the Standard Grievance Record (SGR) to the
Employee’s immediate Supervisor showing the nature of the grievance and that
the Employee has elected to represent themselves. (See Appendix A)
2. To accomplish item 1 above when personal delivery is not possible the Employee
will use government E-mail, phone or fax when submitting the SGR to their
immediate Supervisor.
3. Management, in coordination with the Union President, or their designee, will be
responsible for making appropriate arrangements for Union presence at all
meetings between the Grievant and any Management Official concerning
resolution of the grievance.
4. For grievance preparation Management will provide private space such as a
conference room, or vacant office, as close to the Employee geographic work site
as possible.
5. The following steps will be followed for the timely filing and response to a
Bargaining Unit Employee’s grievance.
Step 1
1. Complete the Grievance Form
a. The negotiated grievance form is to be used for the filing of grievances
under this Article. The grievance form is to be signed and dated by the
grievant with a copy containing the grievant’s original signature being
provided to the Supervisor for indication of representation and employee
privacy act resolution. The grievance form is a critical component to the
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grievant process. It is intended to put the Employer on notice of the
general nature of the grievance. This is understood by the parties to this
agreement to mean all the issues and the specific allegations of the
grievance will be identified on this form at step 1 meeting so that it may
resolve the dispute at the lowest possible level. Accordingly, the grievant
shall identify the underlying facts, issues, contract articles, and statutes or
regulations alleged to have been violated on the Step 1 portion of the
grievance form.
b. The Step 2 grievance appeal shall also be presented in writing on the Step
2 portion of the grievance form. The Step 2 portion of the grievance form
shall contain any additional information as necessary about the grievance,
including a precise explanation as to why the grievant believes each
article, section, and subsection, statute or regulation has been violated.
Issues and allegations that are not raised by the grievant/Union in the Step
2 process may not subsequently be considered by an arbitrator, should the
grievance be invoked to arbitration.
2. File/Submit the Grievance Form
a. A grievance form must be filed within fourteen (14) calendar days of
when an employee knew or should have known of the alleged violation.
This is applicable to all grievances under this Article unless a different
timeframe is specified below. The date a grievance is filed will be
determined by when it is personally delivered to or electronically received
by the appropriate management official.
b. All grievances filed at Step 1 shall ordinarily be filed with the immediate
supervisor, unless it is mutually determined that it should be filed
elsewhere. This mutual determination is to be made between a designee of
the CASO-Br. Human Resource Services Office and the President of
Local 2152 or their designee.
c. When filing a grievance at Step 1, the grievant shall fully complete the
grievance form as described above. The Supervisor will provide a
receipted copy of the Grievance form to the Grievant, or their
representative when Union representation is requested. This receipted
copy will be provided as soon as possible but normally not later than one
day after receiving the grievance. E-mail or fax may be used for this
purpose.
3. The supervisor shall have seven (7) workdays from the timely filing of the
grievance to schedule a meeting and discuss the grievance with the grievant/union
representative. If the grievant is represented by the Union, the meeting shall be
arranged with the Union steward. The supervisor will communicate the decision
on the grievance in writing within ten (10) workdays from the date of the meeting.
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4. Representation at Step 1 shall be provided by a steward in the same Field Office
as the grievant, unless a steward from another work location is appointed by the
Union President.
5. If the due date to:
a. initiate a Step 1 grievance; or,
b. provide a written decision falls on the grievant’ or deciding management
officials non work day, or Holiday, it is due on the next regularly
scheduled work day for this employee.
6. If no decision is rendered in a timely fashion by management, the grievant or
Union may appeal to Step 2.
Step 2
1. A grievance must be appealed to Step 2 of this procedure within ten (10)
workdays of receipt of a decision unsatisfactory to the aggrieved employee(s) or,
if no timely decision is issued at Step 1, within ten (10) workdays after the
grievance reply was due at Step 1. An appeal shall be filed by completing the Step
2 portion of the grievance form as described above.
2. The Step 2 appeal shall be filed with the Office of the State Director or a
Management Official designated by the State Director for this purpose. The Step
2 appeal shall be considered filed when it is personally delivered to or
electronically received by the appropriate management official. If the appeal is
filed with the wrong Agency official, Management shall forward it to the correct
official and so notify the grievant and Union representative. Timely receipt of the
appeal shall be determined based on the date of the receipt of the appeal by the
Office of the State Director or their designee. The State Director or their designee
will provide a receipted copy of the Grievance form to the Grievant, or the
Union’s designated representative when the grievant is represented.
3. The designated management official for the Step 2 grievance shall have ten (10)
workdays from the timely filing of the Step 2 appeal to schedule a meeting to
discuss the grievance. The meeting will be by phone or if mutually agreed to by
the parties face to face at management cost and shall be arranged with the Union
representative if the employee is represented by the Union. The State Director or
their designated representative shall render a written decision to the grievant: or,
the Union representative if the grievant is represented by the Union, within ten
(10) workdays of the Step 2 meeting. If no decision is rendered in a timely
fashion, the Union may proceed to invoke the grievance to arbitration.
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SECTION 37.8 - UNION REPRESENTATION AT GRIEVANCES WHERE
EMPLOYEES REPRESENT THEMSELVES
If a Bargaining Unit Employee presents a grievance directly to Management, without
Union representation, the appropriate President, or his/her designee, shall be given an
opportunity to have a Union representative present at any discussion of the grievance on
Official Time if the Union representative would otherwise be in a duty status. A copy of
all grievances and Agency responses will be provided to the Union President, or
designee.
SECTION 37.9 - GROUP GRIEVANCE PROCEDURE
If similar grievances are presented at approximately the same time, they may be treated
as a group grievances. A decision on such grievance applies to all Employees in the
group and each will be given a copy of the decision. An Employee may withdraw from a
group grievance, in writing, any time before a formal decision is issued.
SECTION 37.10 - UNION GRIEVANCE PROCEDURE
If the Union is aggrieved, the grievance must be submitted in writing by the Union
President, or their designee, to the State Director, or their designee, within twenty-one
(21) calendar days of the date of the act, or awareness of the act, causing said grievance.
Representatives of the Parties shall meet as soon as possible, but not later than twenty-
one (21) calendar days from the date of the submission of the grievance, to discuss the
matter. Within seven (7) calendar days after the meeting, the Union’s representative will
be given a written decision from the State Director, or designee. If such decision fails to
resolve the matter, the Union President, or their designee, may invoke the procedures for
arbitration in accordance with Article 38.
SECTION 37.11 - EMPLOYER GRIEVANCE PROCEDURE
If the Employer is aggrieved, the grievance must be submitted in writing by the State
Director, or their designee, to the Union President, or their designee, within twenty-one
(21) calendar days of the date of the act, or awareness of the act, causing said grievance.
Representatives of the Parties shall meet as soon as possible but not later than twenty-one
(21) calendar days from the date of the submission of the grievance to discuss the matter.
Within seven (7) calendar days of the meeting, the Union President, or their designee,
shall give his/her written decision to the State Director or designee. If such decision fails
to resolve the matter, the State Director, or designee, may invoke the procedures for
arbitration in accordance with Article 38.
SECTION 37.12 - FEDERAL MEDIATION
1. If mutually agreed to by all Parties to the grievance, an attempt at resolution of the
grievance through the mediation services provided by the Federal Mediation and
Conciliation Service (FMCS) may be scheduled prior to possible arbitration. This
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request will be made by either party completing Part VIII of the SGR and
submitting it to the designated Management or Union representative. After
requesting mediation, the Grievant may cancel the proceedings at any time.
2. If mediation is mutually acceptable to the Parties to the grievance, a Management
representative will contact the FMCS to secure a mediator and make necessary
arrangements.
3. Representatives for the Parties attending mediation sessions must have the
authority to reach final resolution. If resolution is reached, a written agreement
will be signed by the Parties.
SECTION 37.13 - ADVANCEMENT, CANCELLATION, CLOSURE AND
GRIEVABILITY
1. Failure to comply with stated time limits authorizes the other Party to cancel the
grievance by written notification (See Section 37.14(d)) or advance the grievance
to the next step, whichever is applicable.
2. A grievance may be terminated by written notification from the initiator to the
other Party.
3. If an Employee is separated from the Bargaining Unit before a decision is reached
on an Employee grievance the Employer and the Union may close the case
without decision by mutual agreement.
4. If either the Employer or the Union considers a grievance non-grievable or non-
arbitrable, it should communicate such determination to the other party in writing
and this will become part of the record. While such notice should be provided as
early as possible, either party reserves the right to assert non-
grievability/arbitrability at any time.
SECTION 37.14 - MODIFICATION OF GRIEVANCE PROCEDURE TIME
LIMITS
1. If the due date of a grievance or decision falls on a non work day, or Holiday, it is
due on the next regularly scheduled work day.
2. Time limits in this Article may be extended by mutual Agreement of the
Employer and the Union. Mutual agreement must be in writing and signed by the
Union President, or a designated representative, and the State Director or a
designated representative. Copies of the signed extension must be appended to
the SGR. All time limits herein will be extended by completing the Grievance
Extension Request Form (Appendix B).
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3. Absent such mutual consent as provided for in Section 37.14(b) above, the failure
to timely file an initial grievance, timely appeal the grievance to Step 2, or timely
invoke the grievance to arbitration shall result in a dismissal of the grievance.
4. When a data request from the Union, which is relevant to resolution of a
grievance and which has been submitted under the Negotiated Grievance
Procedure is submitted to the Employer, the grievance time limit clock will stop
on the date submitted. Upon receipt of the requested information being provided
by the Employer, or written notification from the Employer that the information
requested cannot be provided, the time limit clock will re-engage. The grievance
must be submitted to the next step of the Negotiated Grievance Procedure or to
arbitration no later than the total number of days allowed by the Negotiated
Grievance Procedure.
SECTION 37.15 - FAILURE TO MEET REQUIREMENTS
1. Failure to sign or date a grievance form will have the effect of nullifying the
grievance. An electronic grievance will be considered filed and signed by the
sender on the date received.
2. Failure on the part of an aggrieved employee to prosecute his/her grievance within
the stated time periods at any Step of this procedure will have the effect of
nullifying the grievance.
3. Failure on the part of NFFE Local 2152 or the Employer to prosecute its
grievance, filed in its own behalf within the stated time periods at any Step of this
procedure will have the effect of nullifying the grievance.
4. Failure on the part of the Employer to meet any of the time requirements of this
procedure will permit the aggrieved employee or NFFE Local 2152 to move to
the next Step.
SECTION 37.16 - OPTIONAL USE OF STATUTORY APPEAL PROCEDURES
1. An aggrieved Employee affected by a prohibited personnel practice under Section
2302(b)(1) of Civil Service Reform Act of 1978 (CSRA) which also falls under
the coverage of the NGP may raise the matter under a statutory procedure or the
negotiated procedure, but not both. Selection of the negotiated procedure in no
manner prejudices the right of an aggrieved Employee to request the Merit
Systems Protection Board to review the final decision pursuant to Section 7702 of
CSRA 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 Equal
Employment Opportunity Commission.
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2. Matters covered under Sections 4303 and 7512 of the CSRA which also fall
within the coverage of the Negotiated Grievance Procedure may, at the discretion
of the aggrieved Employee, be raised either under the appellate procedures of
Section 7701 of the CSRA or under the Negotiated Grievance Procedure, but not
both. An Employee shall be deemed to have exercised his/her option to raise a
matter either under the applicable appellate procedure or under the Negotiated
Grievance Procedure at such time as the Employee timely files a notice of appeal
under the applicable appellate procedures or timely files a grievance in writing in
accordance with the provisions of the Parties’ Negotiated Grievance Procedure,
whichever event occurs first.
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ARTICLE 38
ARBITRATION
SECTION 38.1 - GENERAL
1. If a grievance is not resolved through the Negotiated Grievance Procedure or
mutually agreed to mediation, the grievance may be submitted to arbitration. The
Parties may mutually agree to resolve individual grievances by using either the
formal arbitration procedure or the expedited procedure. If an agreement cannot
be reached as to the arbitration procedure to be used, a formal arbitration hearing
will be held.
2. Only the Union or the Employer or their designees may invoke arbitration.
SECTION 38.2 - INVOKING ARBITRATION
1. To invoke arbitration the aggrieved party must within thirty (30) calendar days:
a. of the final decision; or
b. in the absence of a final decision the day the decision was due, mail to the
Federal Mediation and Conciliation Service (FMCS) or the American
Arbitration Association (AAA) with a copy to the other party, the
appropriate form/letter requesting a panel of seven (7) arbitrators.
2. If the Parties mutually agree, prior to invoking arbitration the services of a FMCS
mediator may be used to attempt to mediate a mutually acceptable resolution to
the Employer’s or Union’s final grievance decision. If mediation is attempted by
the Parties, the thirty (30) calendar days for invoking arbitration as provided for in
Section 38.2(a) will: (1) begin on the date either party notifies the other of their
withdrawal from the mediation process or (2) the Parties mutually withdraw from
mediation.
3. For grievances for which arbitration is being invoked:
a. Where the Union Local is the moving Party for arbitration, the Union
President or their designee, will within the time frame allowed in Section
38.2(a) mail a copy of the appropriate form letter requesting a panel of
seven (7) arbitrators to the State Director, or his/her designee.
b. Where the Employer is the moving Party for arbitration, the Employer or
their designee, will within the time frame allowed in Section 38.2(a) mail
a copy of the appropriate form letter requesting a panel of seven (7)
arbitrators to the Union President or their designee.
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4. The Party invoking arbitration will at the time of requesting a list of arbitrators
provide a copy of the form letter to the other Party to this contract.
5. A brief statement of the nature of the issue(s) in dispute will accompany the
request to enable FMCS/AAA to submit arbitrators qualified for the issues
involved. As appropriate, the Parties may request only arbitrators with certain
specialized experience or expertise.
SECTION 38.3 - SELECTING THE ARBITRATOR
Within fourteen (14) working days after receipt of the list from FMCS/AAA,
representatives of the Parties shall select an arbitrator.
1. If the Parties cannot mutually agree on an arbitrator from the list, each Party shall
alternately strike one name from the FMCS or AAA list until only one name
remains. Initial striking will be determined by the flip of a coin. The remaining
name shall be the duly selected arbitrator.
2. If the Parties find the entire list of arbitrators to be unacceptable, the Parties will
request a new list.
3. Either the Union or the Employer may proceed to arbitration ex parte should the
other side refuse to cooperate in the above procedures for selection of an
arbitrator. Either Parties refusal to participate in the arbitration process will be
addressed in accordance with 5 USC Chapter 71.
SECTION 38.4 - DATE AND SITE OF ARBITRATION
1. The invoking Party shall make arrangements for the hearing on a mutually
acceptable date. The Parties shall make every effort to schedule arbitration
hearings within forty-five (45) calendar days of notification by the selected
arbitrator of his/her availability.
2. The arbitration hearing will be held, if possible, at the location where the
Employee works, unless otherwise mutually agreed. Hearings will be held during
normal working hours.
SECTION 38.5 - FEES AND EXPENSES
1. The fees and expenses of the arbitrator shall be borne by the losing Party. In the
event the arbitrator determines that both Parties are equally liable, the arbitrator
can specify the cost to be borne equally.
2. When a transcript (court reporter) is mutually agreed upon by the Parties the cost
shall be shared equally. Either Party may unilaterally request that a transcript be
prepared, but will bear all costs. However, if the other Party subsequently
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requests and receives a copy of the transcript, they must pay 50% of costs. When
a transcript is requested by the arbitrator the cost will be borne by the losing Party
in accordance with Section 38.5(a) above.
3. If a cancellation is incurred in either regular or expedited arbitration, the Party
withdrawing from arbitration shall be responsible for the full cost of such
cancellation fee unless the withdraw is by virtue of a written agreement or a
settlement stipulating otherwise.
4. An equal number of Union representatives will be entitled to Official Time,
travel, and per diem expenses as there are Employer representatives at the
hearing.
SECTION 38.6 - GRIEVABILITY/ARBITRABILITY DETERMINATIONS
The Arbitrator shall have the authority to make all grievability and/or arbitrability
determinations. Threshold questions of arbitrability shall be heard by the Arbitrator on
the same hearing date as the hearing on the merits of the case, unless otherwise mutually
agreed by the Parties.
SECTION 38.7 - ARBITRATOR'S AUTHORITY
1. The Arbitrator's authority is limited to the adjudication of the issues raised in the
grievance procedure. The Arbitrator shall not have authority to add to, subtract
from or modify any of the terms of this Agreement, or any supplement thereto. If
the Parties fail to agree on a joint stipulation of the issue for arbitration, each
Party shall submit a separate statement and the Arbitrator shall determine the
issue(s) to be heard.
2. The Arbitrator is empowered to fashion an appropriate remedy consistent with the
terms of this contract and in accordance with applicable law, rule or regulation.
Either Party reserves the right to argue to the Arbitrator what an appropriate
remedy should be.
3. In considering grievances concerning actions based on unacceptable performance
and adverse actions appealable to the MSPB the Arbitrator shall be governed by 5
USC 7701(c)(1) & (2) and, to the extent applicable by the precedent decisions of
the MSPB.
SECTION 38.8 - PROCEEDINGS AND DECISION
1. After the type of arbitration hearing is established, the order of the proceedings
will be determined by the Arbitrator.
2. The Arbitrator will be requested to render a decision as quickly as possible, but
not later than thirty (30) calendar days from the close of the hearing.
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3. The Arbitrator’s decision and remedy shall be binding on the Parties and
implemented upon receipt, unless appealed and stayed. Either Party may file
exceptions to the Arbitrator’s decision and remedy in accordance with Federal
Labor Relations Authority (FLRA) regulations.
4. Any dispute over the application or interpretation of the Arbitrator's decision shall
be returned to the Arbitrator for settlement.
5. Reasonable attorney fees for arbitration will be paid in accordance with law.
SECTION 38.9 - WITNESSES
1. The Parties agree to the following for the scheduling and selection of witnesses.
a. A reasonable number of relevant witnesses, who are Employees of the
Employer and who are otherwise in a duty status, shall be excused from
duty to provide testimony in arbitration hearings arising under this Article
and such Employees shall not suffer loss of pay or charge to leave.
b. Disagreement between the Union and Employer concerning the relevance
of a witness or the reasonable number of relevant witnesses necessary for
a hearing will be resolved by the Arbitrator prior to the hearing.
c. For Employees who are determined by the Arbitrator to be a relevant
witness and are scheduled to appear at an arbitration and who would
normally not be in a duty status on the scheduled date of an arbitration,
within mission requirements the Employer will reschedule the Employees
tour of duty so that the Employee will be in a pay status on the scheduled
date of appearance.
d. To facilitate the Grievant and any Employee scheduled to participate as a
witness in the arbitration hearing the Employer will: (A) excuse the
Employee from normal duty on Official Time to the extent necessary; and
(B) provide as necessary appropriate pay and travel expenses as authorized
in the Federal Travel Regulations and in accordance with this Agreement.
2. Unless agreed to otherwise, the Parties must exchange written witness lists no
later than fourteen (14) calendar days prior to the scheduled date of the hearing.
Upon request by the Union or the Employer the other Party will provide the
relevance of the witness to be scheduled.
SECTION 38.10 - EXPEDITED ARBITRATION
1. When requesting expedited arbitration the grieving Party will request from other
Party to use one of the following procedures. This request must specify which
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expedited method is preferred. If one of the following methods cannot be agreed
upon, a formal arbitration hearing will be held, in accordance with Section 38.1 of
this Article.
a. Mini-Hearing: Either Party may use up to five (5) witnesses unless it is
determined by mutual agreement that more are necessary. There will be
no formal rules of evidence, no transcripts taken, and no pre- or post-
hearing briefs. The Arbitrator must complete and mail a decision,
postmarked not later than three (3) work days after the conclusion of the
hearing.
b. Stipulation of Facts: The procedure used when both Parties agree to the
facts at issue and a hearing would serve no purpose. Data, documentation,
etc., are jointly submitted to the Arbitrator with a request for a decision
based upon the facts presented.
c. Arbitrator Inquiry: The Arbitrator will make such inquiries as he/she
deems necessary, prepare a brief summary of the facts, and provide an on-
the-spot decision with a written summary opinion.
2. The arbitrator's decision in expedited arbitration will not be used as precedent.
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ARTICLE 39
EQUAL EMPLOYMENT OPPORTUNITY (EEO)
SECTION 39.1 - EQUAL EMPLOYMENT OPPORTUNITY (EEO)
1. It is the policy of the Employer to provide all Employees a workplace free from
unlawful discrimination and to value the differences each Employee brings from
his or her culture. It is the responsibility of all Managers and Supervisors to
ensure that all personnel actions, policies, practices, and the work environment are
free from discrimination and harassment on the basis of race, color, religion,
national origin, sex, age, disability or sexual orientation.
2. The Employer will brief the Union annually on the Affirmative Employment
Program plan for BLM-California and provide a list of current BLM-California
EEO Counselors.
3. In accordance with 29 CFR 1614.301, an Employee wishing to file a complaint or
a grievance on a matter of alleged employment discrimination must elect to raise
the matter under either part 1614 or the Negotiated Grievance Procedure, but not
both. For Grievance Procedure, see Article 37 of this Agreement
4. A reasonable amount of Official Time will be authorized to Employees and/or to
representatives, who otherwise would be in a duty status to participate in the
statutory complaint process. For Employees who elect to file a grievance
concerning an issue of discrimination, Official Time will be authorized in
accordance with this Agreement.
5. In accordance with 29 CFR 1614.605(a) an Employee shall have the right to be
accompanied, represented, and advised by a representative of their choice whom
may be a Union Official/representative. A representative may be disqualified by
the Equal Employment Opportunity Commission (EEOC) or the Agency in
accordance with 29 CFR 1614.605(c).
6. The Employer shall make available to Employees written information describing
the EEO complaint procedure to include the website address for the EEOC.
SECTION 39.2 - AFFIRMATIVE EMPLOYMENT PLAN
Prior to submitting an Affirmative Employment Program Plan for approval, the Employer
will provide a copy of the plan to the Union and, upon request, will fulfill its duty to
bargain under the Statute and this Agreement.
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SECTION 39.3 - RELATIONSHIP OF THE UNION TO THE EEO PROCESS
1. If as a result of an EEO settlement agreement the Employer exercises a
management reserved or elective right which results in a change of working
conditions that impacts the Bargaining Unit and meets bargaining obligations as
established by the Federal Labor Relations Statute, the Employer will give notice
of the change to the effected Union Local President, or their designee, and upon
request, fulfill its obligation to negotiate in accordance with this Agreement and
the Statute.
2. In accordance with the Affirmative Employment Program Plan, mission
requirements, budget and personnel ceiling, opportunity for upward mobility will
be provided to Employees to enhance their skills so they may perform at their
highest potential and advance in accordance with their abilities.
3. The Employer(s) will provide EEO training annually to the Union President, or
their designee. This training not to exceed four (4) hours in duration and will be
provided by BLM-California State Office, EEO office personnel. At the time of
this training four (4) hours will also be scheduled for the Union to discuss with
the EEO Office’s representative the Union Locals’ interests concerning the
current EEO program for BLM-California. The Union Local representatives
designated for this training and discussion will be provided a combined total of
sixteen (16) hours Official Time to meet the above training/discussion schedule.
Travel and per diem will be provided in accordance with Federal Travel
Regulations.
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ARTICLE 40
USE OF OFFICIAL TIME/UNION REPRESENTATION
SECTION 40.1 - RECOGNITION OF UNION REPRESENTATION
The Employer will recognize and therefore provide reasonable Official Time for
representation of Bargaining Unit Employees to the Local Officers or Stewards of NFFE
2152 who are: 1) otherwise in a duty status; 2) properly designated by the President of the
NFFE 2152; and 3) assigned to the appropriate unit they will represent.
SECTION 40.2 - DESIGNATION OF UNION REPRESENTATIVES
1. The Union retains its right to designate its representatives without interference.
Officers or Stewards may perform representational functions, contract
administration or other functions authorized elsewhere in this Agreement, without
interference, restraint, reprisal or coercion. The effective use of Stewards and a
reasonable distribution of their Union workload enhances a sound Union-
Management relationship and contributes to the efficiency of BLM operations.
2. The Union President of each Local will furnish the Employer with a listing of the
authorized/designated Officers and Stewards indicating their name, telephone
number, division/duty location. The Union Local President will designate
primary contacts and alternate contacts for areas of responsibilities. If no
Steward is designated by the Union Local President to represent a specific field
location, the Local President will be the designee until he/she appoints a designee.
Each Local President will consider geographical circumstances when assigning a
representative.
SECTION 40.3 - STEWARD MENTORSHIP
The Parties agree that for the benefit of the Agency and all Parties involved it is best to
have a highly skilled, trained and efficient Stewards. Within the first year of
appointment, all newly appointed stewards will be granted up to twenty-four (24) hours
of official time for basic training not counted against the annual 500 Official Time hours
block grant provided by Section 40.4(a). For current Stewards (i.e. appointed stewards at
the time of signing this agreement) who have not been provided Official Time for
training will have one year from the signing of this agreement to use the 24 hours Official
Time for training provided by this Section.
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SECTION 40.4 - USE OF OFFICIAL TIME
The Employer agrees to allow Official Time as provided below to Employees who are
Officials/Stewards of the Union who have been designated in writing and who are
otherwise in a duty status to accomplish the specified functions as set forth herein. Only
one such Union representative will be permitted to attend authorized function(s) on
Official Time except in extraordinary circumstances or unless more than one
representative is authorized by specific provisions of this Agreement. The Employer may
deny the Union’s use of Official Time if the above criteria is not satisfied. In the event
the Employer denies the Union’s use of Official Time, the Employer will provide in
writing and to the appropriate Union Local President, or their designee, the rationale for
this action.
SECTION 40.5 - FUNCTIONS FOR WHICH A REASONABLE AMOUNT OF
OFFICIAL TIME IS AUTHORIZED
Unless authorized by other specific provisions of this Agreement, when work conditions
are such that the Steward/Official may be excused from work, a reasonable amount of
Official Time will be granted based on the complexity and nature of the representation.
Representatives will provide the Supervisors sufficient information to allow the
Supervisors to understand the complexity and nature of the issues for which Official
Time is requested. It is the Parties’ intent that any Official Time authorized by Section
7131(d) of the Federal Service Labor Management Relations Statute will be granted and
are generally encompassed within the following activities including but not limited to:
1. present grievances at any step of the Negotiated Grievance Procedure or
associated Alternate Dispute Resolution Procedure;
2. represent an Employee or the Union at an arbitration hearing;
3. appear as a witness at any step of a grievance;
4. appear as a witness at an arbitration hearing;
5. attend meetings scheduled by Management;
6. meet and confer or consult with Management;
7. represent an Employee in appeal hearings covered by statutory procedures;
8. represent the Union on approved committees authorized by this Agreement;
9. represent the Union on approved labor-management fact-finding studies;
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10. be present as an observer in an adverse action proceeding or grievance adjustment
where the Union is not the Employee’s representative (subject to approval of the
hearing officer in charge of the proceeding);
11. represent the Union in formal discussions involving personnel policies, practices,
working conditions, or grievances between Bargaining Unit Employees and
Management;
12. represent the Union in investigatory interviews between Supervisors and
Employees in accordance with Article 32 of this Agreement;
13. participate in partnership council activities as authorized by mutual agreement of
Union and Management;
14. participate in informal Unfair Labor Practice resolution proceedings with
Management Officials;
15. prepare Employee grievances and appeals;
16. prepare for meetings scheduled with Management;
17. assist an Employee when designated as their representative in preparing a
response to a proposed disciplinary action;
18. prepare responses to Management initiated correspondence;
19. prepare Union grievance(s);
20. prepare for arbitration;
21. allow travel time between the State or District Office and Field Offices to
accomplish any of the above when travel has been authorized by the Employer or
this Agreement. Recognizing the geographically dispersed locations of the Field
Offices to which the Bargaining Unit is assigned, after notifying the Union of a
formal discussion, the Employer will provide a Union representative with a
reasonable amount of time for travel to the meeting site so the Union may
participate; or
22. as authorized by Statute, prepare reports required by Department of Labor.
SECTION 40.6 - OFFICIAL TIME FOR EMPLOYEES
1. Employees who are otherwise in a duty status will be granted Official Time to
prepare and present grievances under the Negotiated Grievance Procedure.
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2. Employees will be granted a reasonable amount of Official Time for initiating,
preparing, reviewing and presenting a grievance or appeal. The Union when
representing an Employee will safeguard the Official Time used to ensure that it
is not abused by Grievants and appellants. The Union, or Employee not
represented by the Union, will notify the Employee’s Supervisor in advance and
provide justification for the time requested. Employees will be released at the
earliest opportunity consistent with workload requirements.
a. If the Supervisor denies the Union’s request for an Employee’s Official
Time or an Employee’s request for Official Time in any part, the
Supervisor will provide written justification for this denial on the above
criteria. This denial may be grieved in accordance with the Negotiated
Grievance Procedures.
SECTION 40.7 - OFFICIAL TIME RELEASE PROCEDURE
This is the procedure for release for Official Time where the individual Union
representative and his/her Supervisor do not agree to alternative arrangements on a
continuing basis. Any Supervisor/Steward alternative agreements to the following
procedures will be in writing and will only affect the signing Parties.
1. When a Union representative is to conduct authorized representational duties
using Official Time, he/she will notify his/her immediate Supervisor. The time
charged will be tracked through coding on the Electronic BLM Quick Time T&A
Form. Notification, when practicable, will be in advance of the use of Official
Time. In requesting the use of Official Time, the Union representative will
inform the Supervisor of the reason/project code, destination and estimated
duration. In the event the Supervisor’s absence from the work area restricts the
representative from reasonably obtaining authorization for use of Official Time
prior to leaving the work area, written notification providing the information
required above will be placed in the Supervisor’s in-box for this purpose or E-
mail. Supervisors will make reasonable efforts to accommodate such requests.
Ordinary workload will not preclude release of the representative. If a delay in
releasing a representative effects the Union’s ability to meet a contractual time
limit, the time limit will be extended equal to the delay. If the Employer denies
any portion of the time request, the Union will be provided a written justified
statement for the reduction. This reduction or denial may be grieved under
Article 37, "Grievance Procedures".
2. When a Union representative is authorized to meet with Employee(s) in another
work area or Field Office, the representative or Employee to be represented shall
make arrangements by telephone or electronic mail with the Supervisor of the
Employee(s) involved. The release of Employee(s) is subject to workload
conditions. If the meeting would interfere with work requirements, the
Supervisor shall establish another time at which the Union representative can
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meet with Employee(s). Any delays will be handled in accordance with Section
40.7(a) above.
3. For meetings called or approved by Management Officials which require the
presence of a Steward, the Management Official arranging such meeting shall
arrange for the Steward’s release through contact with the Steward’s Supervisor.
The Management Official arranging such meetings shall provide to that
Supervisor the information necessary for release. All other provisions of this
Agreement shall apply.
SECTION 40.8 - ADDITIONAL OFFICIAL TIME
In cases where a Union representative underestimates the Official Time required for a
specific case/issue, he/she may request additional Official Time in accordance with the
procedures outlined in this Article.
SECTION 40.9 - LABOR RELATIONS TRAINING
1. The Employer agrees to provide up to a total of five hundred (500) hours of
Official Time annually (without travel or expenses) to NFFE Local 2152 for use
by Union Officials and Stewards who are otherwise in a duty status to attend
Labor Relations Training.
2. This Official Time will be the total authorized to meet provisions for Labor
Relations Training of Union Officials and Stewards, which demonstrates a mutual
benefit to the Parties, and the representatives absence does not conflict with the
Employer’s mission. Distribution of these hours will be at the Union’s discretion
with the understanding that no Union Official or Steward will use more than 40
hours granted by 40.9(a) annually. The Union may select two representatives
annually who may use up to eighty (80) hours.
3. For labor relations training that is mutually beneficial the Union will submit
requests for Official Time to the designated State Labor Relations Officer at least
fourteen (14) days prior to proposed release for mutually beneficial training.
Such requests must include information concerning the content and schedule of
such training. Such requests must also include names and duty stations of
Employees whose attendance is desired.
4. Official Time will be approved except in cases where the absence of an Employee
or Employees would significantly interfere with the Employer’s mission or the
proposed training does not show a demonstrated mutual benefit to the Parties.
When disapproval occurs for one or both of these reasons, the reasons will be
furnished to the Union President, or their designee, in writing, at the time of the
disapproval.
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5. Within seven (7) calendar days of completion of labor relations training the Union
will provide to the State Director’s designated representative written notification
of the names of the Employees and hours used under Section 40.9(a).
6. Training provided by the Employer pursuant to mutual agreement of the Parties
through State-Wide Labor-Management Council agreement will not be counted
against these agreed to entitlements found in Section 40.9(a).
7. Official Time authorized under this Section will become available upon the
approval date of this Agreement and each anniversary thereafter. Official Time
authorization by this Section will not be carried over into the next anniversary
period, except for those hours that were denied because of conflict with the
Employer’s mission.
8. The Employer will provide three (3) days travel and per diem with appropriate
Official Time, once annually for the Union Local President or their designee who
is a Union Official or Steward, to attend a labor relations training jointly with a
Management representative. This training to be determined by mutual agreement
of the Parties and must be conducted within the State of California unless
mutually agreed to otherwise.
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ARTICLE 41
EMPLOYER PROVIDED UNION FACILITIES/EQUIPMENT/SERVICES
SECTION 41.1 - GENERAL
The Parties understand that the BLM mission takes priority but agrees that the use of
government space and equipment by the Union for representational purposes, that is not
related to internal Union business or detrimental to Federal Employees can facilitate
effective labor-management relations. With the above understanding by the Parties,
Bureau facilities and services will be provided for the Union’s use in accordance with the
following.
SECTION 41.2 - UNION MEETING FACILITIES
The Employer(s) agrees that where there are conference room facilities, they shall be
made available for local meetings before or after duty hours or during lunch periods if
such space is not already committed. The Union agrees to give sufficient advance notice
to ensure no disruption to the normal mode of business. The scheduling Union Local will
be responsible for the proper use and care of conference room facilities as made
available. Use of Government facilities during off-duty hours may be denied when the
Employer has made a determination that additional abnormal expenses will be incurred
from such use, e.g., heating or air-conditioning costs.
The Employer(s) will make reasonable efforts to provide private space, as available, for
confidential discussions between a Bargaining Unit member(s) and a designated Union
representative(s), when held in accordance with the terms of this Agreement. If a delay
in scheduling private space will effect the Union’s ability to meet a contractual time limit,
the time limit will be extended equal to the delay.
SECTION 41.3 - UNION USE OF EMPLOYER’S ELECTRONIC
COMMUNICATION SYSTEM
1. The Employer will make accessible the use of a single phone and voice mail for
use by Union Steward(s) assigned to a Field Office or remote location for
activities for which Official Time has been granted. The phone or voice mail
number may be used by Employees for contacting a Union representative holding
exclusive representation for their Bargaining Unit concerning issues of
representation. For Field Office or remote locations phone services provided will
be in a reasonably private environment.
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2. Use of the Employer’s electronic mail or phone system by a Union Local
representative will be permitted for communicating with the Employer, or their
designee, and for representational duties. Use of the Employer’s electronic mail
or phones is not authorized for internal Union business.
SECTION 41.4 - OFFICE SPACE AND FURNISHINGS
1. The Agency will provide the Union an exclusive enclosed office space with
locking door of no less than 120 square feet of work space. The office space will
be located at the President’s Field/District Office. At its discretion, the Agency
will provide either a mobile office or provide space within the BLM Field Office.
Either facility provided will be maintained by the Employer in good repair,
appropriate for office use by BLM employees and to reflect favorably on the
Union as a representative of BLM .
a. In either facility provided the Employer will provide for the Union’s
exclusive use a 4 drawer file cabinet, government telephone, Fax machine,
computer and printer. The Employer will also provide internet access
appropriate to the Office provided.
b. In addition to the above, the Union will continue to be provided the use of
an office in the CASO. This office will be located in W1819. Current
Union Office furnishings will be provided with a government telephone,
Fax machine, computer, printer and internet access exclusive to the
Union’s use at this location. No other Union Office space will be
provided in BLM-California.
2. The parties will collaborate as to the specific location of the Union’s Office at the
Field/District Office but the Agency will make the final decision as to the exact
location inside the Field/District Office or a Mobile Office on the premises. The
Union Offices will be appropriately furnished, with such furniture such as desks,
tables, filing cabinets, and chairs.
3. Union Officials will be provided reasonable official duty time (not to exceed 120
hours total) with travel and per diem (not to exceed 14 day total subsistence
expense and 7 nights Lodging) to move the contents of the current Union Offices
to the new locations identified in 41.4(a) above. The Agency will make a
shredder available for the union’s use during this move.
a. Union stewards or bargaining unit employees identified by the Union as a
representative on labor/management committees who are not located at
one of the sites having a Union Office, if requested, will be provided
sufficient and appropriate lockable storage space for union documents.
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SECTION 41.5 - EMPLOYER PROVIDED EQUIPMENT
1. Each Employer will provide the Union the following equipment for use by the
Union in each Union Office space provided in Section 41.3 above.
a. One telephone with available long distance calling capability.
b. One computer to include a standard office automation package as provided
by the Employer for Employee use, a user account for Internet/E-mail use
and if necessary future operating system upgrades necessary for continued
Internet/E-mail service provided by the Employer.
c. One fax machine.
d. One printer compatible with computer.
2. It is understood by the Parties to this Agreement that the above government
equipment provided to the Union Locals will:
a. be reasonably maintained by the Employer equal with the Employer used
equipment; and
b. not be used for internal Union business.
3. It is understood by the Parties to this Agreement that the use of government
equipment or services provided by the Employer for the Union’s use does not
restrict the Employer’s internal security practices concerning the use of this
equipment or services. However, it is understood that the confidentiality of
information maintained by the Union by use of:
a. office space provided by the Employer for the Union’s use; or
b. communications services provided by the Employer for the Union’s use,
will be equal with such Employer support services as the EEO office or
Human Resource Services office.
SECTION 41.6 - UNION USE OF EMPLOYER MAIL SERVICES
1. The Employer’s internal mail system (blue envelope) may be used by the Union
for communicating with Management Officials and when conducting
representational duties such as representing Employees on grievances,
disciplinary actions and Unfair Labor Practices.
2. Consistent with postal regulations, the Union shall have use of the Employer’s
franked envelopes limited to labor relations representational matters not including
matters relating to internal Union business.
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3. The Employer’s internal mail system (blue envelope) may be used by the Union
Local for bulk mailings of a newsletter to the Bargaining Unit. This distribution
will be limited to four (4) times a year on a quarterly basis. All such material
shall be properly identified as official Union issuances and submitted to the mail
room addressed and ready for delivery.
4. At the California State Office and each Field Office location having a Union
Officer or Steward assigned, a Union mail box will be provided.
SECTION 41.7 - BULLETIN BOARD SPACE
At each office location, bulletin board space in a central location, a minimum of three (3)
feet by four (4) feet, will be made available for use by the Union. This bulletin board
space shall be the exclusive area for posting Union material. The Employer will refrain
from posting Employer notices to the Employees in the area provided.
SECTION 41.8 - OTHER GOVERNMENT EQUIPMENT
When Official Time is authorized by this Agreement for representation, in support,
copy/facsimile machines will be made available for use by Union representatives.
SECTION 41.9 - EMPLOYER PROVIDED TRAVEL AND PER DIEM
1. The Parties agree that prior to a Union Official using a government credit card or
vehicle for any purpose resulting from Union representation of the Bargaining
Unit, they will notify their immediate Supervisor of this intended use.
2. If travel is necessary and the use of a telephone, mail or E-mail is not practicable,
the Employer will authorize appropriate travel and per diem costs for Union
Officials or Stewards authorized the use of Official Time in accordance with
Article 40 of this Agreement.
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ARTICLE 42
VOLUNTARY ALLOTMENTS
SECTION 42.1 - GENERAL
1. Employees who are in the Bargaining Unit covered by this Agreement, may
authorize payroll deductions of dues by voluntarily executing SF-1187, "Request
for Payroll Deductions for Labor Organization Dues", and submitting it to the
designated NFFE representative.
2. It will be the responsibility of the Union to notify the servicing payroll office and
the CASO Human Resource Services Office, in writing, of any changes in the
amount of the dues withholding.
SECTION 42.2 - CANCELLATION OF ALLOTMENT
Employees who have voluntarily authorized Union dues withholding may cancel payroll
deductions by completing SF-1188, "Cancellation of Payroll Deductions for Labor
Organization Dues", or by submitting a memorandum to the appropriate Union Local
Office or the CASO Human Resource Services Office, provided the Employee has been a
member for at least one year and the SF-1188 has been submitted within thirty (30) days
prior to the Employee's anniversary date of joining the Union.
SECTION 42.3 - CRITERIA FOR NON-ELIGIBILITY
A member of the Union who is in the Bargaining Unit will cease to be eligible for dues
withholding under this Article if any of the following situations arise:
1. loss by the Union of recognition as exclusive representative;
2. reassignment, promotion, or any other personnel action that permanently removes
the Employee from the Bargaining Unit; or
3. separation of the Employee from active Federal employment for any reason.
SECTION 42.4 - EFFECTIVE DATES FOR DUES WITHHOLDING ACTIONS
1. Starting dues withholding
a. Beginning of first pay period after date of receipt of properly executed SF-
1187 by the CASO Human Resource Services Office.
2. Revocation of dues by Employee
a. Provided the SF-1187 is received by the CASO Human Resource Services
Office in accordance with Section 48.2 above, beginning the first full pay
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period following the particular anniversary date (the anniversary date is
the starting date of the first pay period for which dues were deducted from
the Employee’s pay).
3. Termination due to loss of membership in good standing
a. Beginning of first pay period after date of receipt by the CASO Human
Resource Services Office of notification from the Union President.
4. Termination due to loss of exclusive recognition on which allotment is based, or
termination by an appropriate authority outside the Bureau of Land Management
a. Beginning of first pay period following loss of recognition.
5. Termination due to separation or movement outside unit of recognition
a. If action is effective the first day of a pay period, termination of allotment
will be at the end of the preceding pay period.
b. If action is effective on any day other than the first day of a pay period,
termination of allotment will automatically be at the end of the pay period.
6. Termination due to Employee’s non-eligibility for dues withholding
a. Beginning of first pay period after date of receipt of notification in the
CASO Human Resource Service Office.
SECTION 42.5 - INSUFFICIENT FUNDS
Union dues will not be withheld when an Employee's net salary for any pay period is
insufficient to cover the dues, after other legal and required deductions have been made.
SECTION 42.6 - TEMPORARY EMPLOYEES
Payroll deductions will be authorized for all temporary Employees who are members of
the Bargaining Unit for the tour of duty period assigned.
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ARTICLE 43
NEGOTIATIONS
SECTION 43.1 - GENERAL
The Parties to this Agreement have the responsibility to conduct negotiations and bargain
in good faith to reach agreement consistent with Federal law, or any government-wide
rule or regulation. The Parties further agree that unless mutually agreed to, it is not their
intent to use mid-term bargaining to append the Articles of or Supplements to this
Agreement and:
1. nothing in this Article shall be construed as either Party waiving any of its
statutory bargaining rights;
2. mid-term negotiations will take place as necessary when the Employer establishes
or changes personnel policies, practices, working conditions or in the event of a
change in law;
3. work days for the purpose of this Article will be Monday through Friday
excluding Federal Holidays and days the Employer’s emergency closure of
operations affects the Employer’s or Union’s designated representative.
SECTION 43.2 - SCOPE OF NEGOTIATIONS
1. The Employer and the Union agree that this Agreement shall constitute the
Agreement between the Parties and shall be applicable to all Bargaining Unit
Employees as defined in Article 1, Recognition and Unit Designation. In
accordance with Article 44.2(a), the Articles of this Labor Agreement may be
supplemented only to the extent the Supplemental Agreement(s) are not
inconsistent with or do not conflict with this Agreement.
2. In accordance with all applicable law, rule or regulation, the Employer agrees to
engage in supplemental negotiations authorized under Section 43.2 (a) of this
Section, unless the matter is expressly contained in this Agreement. The Parties
do not intend to renegotiate the Articles and provisions which, have already been
negotiated in this Agreement.
3. When mutually agreed to the Parties recognize the benefit of utilizing an interest-
based problem-solving approach to reach agreement during these negotiations.
This does not preclude any other form of negotiation available to the Parties.
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SECTION 43.3 - PROCEDURES FOR MID-TERM BARGAINING
1. The Employer will provide the Union advance notification of changes in
conditions of employment to be implemented, except in emergencies or other
uncontrollable conditions. The notification will include a written proposal of the
change, the proposed implementation date, and/or other pertinent aspects of the
proposal. A declaration of an emergency or uncontrollable condition will not
preclude the Employer from notifying and negotiating with the Union in
accordance with the Federal Labor Statute.
2. After receipt of the Employer’s advance notification of changes in conditions of
employment the Union Local has up to ten (10) working days to request mid-term
negotiations on the matter by submitting a written request to negotiate.
a. When the Union timely requests to negotiate, the Employer shall delay the
implementation of the proposed change until such time as the Parties reach
agreement on all negotiable issues connected with the change, unless an
emergency or overriding exigency exists requiring the Employer to
implement change prior to agreement.
b. If the Union’s request to negotiate is not received within ten (10) working
days, the Employer will assume the Union’s concurrence with the notified
change in working conditions and will implement the change without
further notification to the Union.
3. After submission of a request to negotiate by the Union, the Union may request to
meet and clarify the Employer’s notification of intended change(s) in working
conditions. Scheduling of this meeting may not unreasonably delay the
implementation of the intended change(s) in working conditions.
4. If a clarification meeting is held the Union must submit proposals to the Employer
within ten (10) working days of either the clarification meeting with the
Employer, or if the Union has submitted a data request, within ten (10) working
days after the Employer appropriately responds to the data request, whichever
comes later.
5. Upon receipt of proposals from the Union the Employer will strive to respond or
counter the proposals within ten (10) working days.
6. Names of the members on the negotiating team will be exchanged formally in
writing by both Parties before negotiations start.
7. During formal negotiations on issues affecting Employees of the Bargaining Unit,
the Union’s negotiation team will consist of no more than two (2) members unless
otherwise mutually agreed upon. The Union will be authorized equal numbers to
the Employer’s negotiating team.
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8. The Employer will pay appropriate travel and per diem expenses associated with
these negotiations. If the Parties cannot mutually agree to the location the
negotiations will take place, the Employer will determine the location.
9. Within ten (10) working days of reaching agreement on all proposals a
Memorandum of Agreement will be prepared by the Employer, and signed by the
authorized Employer and Union representative. The Employer will provide
copies of the Memorandum to proper Management Officials, Union
representatives, and when appropriate, affected Employees.
10. When t he Union submits an appropriate data request in accordance with the
Federal Labor Relations Statute, the time limit clock will stop until the
information request is appropriately responded to by the Employer.
11. The Union may submit Union-initiated proposals to an appropriate Management
Official on issues not covered by the Master Labor Agreement (MLA) or a
Supplement to the Master Labor Agreement. The Employer will appropriately
respond to the Union initiated proposal(s) within ten (10) working days. In the
absence of an Employer’s response to a Union initiated proposal there shall be no
implied consent or constructive implementation of any Union proposal.
SECTION 43.4 - NEGOTIATION IMPASSE
When the Parties cannot agree on a negotiable matter and an impasse has been reached,
the item shall be set aside. After all negotiable items on which agreement can be reached
have been completed, the set aside items will be reviewed jointly by the Parties. If
agreement is not reached after a final attempt at negotiations, the Parties may seek the
services of the Federal Mediation and Conciliation Services (FMCS). When mediation
does not resolve the impasse, either Party may seek the services of the Federal Service
Impasse Panel (FSIP).
SECTION 43.5 - NEGOTIABILITY QUESTION
When the Employer believes that a matter is non-negotiable, it will so advise the Union
with a written rationale for considering an item non-negotiable. The Union has the right
to appeal to the Federal Labor Relations Authority (FLRA), and have the question
resolved in accordance with 5 USC Chapter 71.
SECTION 43.6 - VOLUNTARY SURVEYS
When the Employer determines it necessary to survey Employees concerning conditions
of work or becomes aware that their Employees will be surveyed concerning conditions
of work, the Employer will notify the Union that a survey will take place. The Employer
will in accordance with 5 USC Chapter 71 and this Agreement appropriately negotiate
the survey with the Union.
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SECTION 43.7 - PAST PRACTICE
The Employer and Union agree that those past practices that are conditions of
employment and which are contrary to or within the terms and scope of the Articles of
this Agreement are superceded by this Agreement. The Employer recognizes the
obligation to notify the Union and provide the Union with an opportunity to negotiate
with respect to changes in current conditions of employment that are outside the terms
and scope of this Agreement.
SECTION 43.8 - PROCEDURES FOR CONTRACT NEGOTIATIONS AT
TERMINATION OF MLA
1. The ground rules for contract negotiations will be negotiated at least thirty (30)
days before actual negotiations begin. Negotiations for ground rules will be on
Official Time.
2. During ground rule negotiations the Union’s negotiating team will consist of at
least two (2) members. The Union will be authorized equal numbers to the
Employer’s team.
3. Names of the members on the negotiating teams will be exchanged formally in
writing by the Parties as soon as known before negotiations start.
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ARTICLE 44
DURATION OF AGREEMENT
SECTION 44.1 - EFFECTIVE DATE AND DURATION
1. The effective date of this Agreement or Amendment to this Agreement shall be
the date of approval by the Office of the Secretary, Department of Interior (DOI).
An Agreement or Amendment which has not been approved or disapproved
within thirty (30) calendar days of the date of its execution shall go into effect on
the thirty-first (31st) calendar day without the required approval of the DOI and
shall be binding on the Parties subject to the provisions law.
2. This Agreement shall remain in effect for three (3) years from the date of
execution by the Parties.
SECTION 44.2 - AMENDMENTS AND SUPPLEMENTS
1. This Agreement may be amended after the enactment of new law or policy, which
directly affects the provisions of this Agreement, or by mutual consent.
2. A request by either Party to negotiate Amendments to this Agreement shall be in
writing and shall indicate the Article(s) to be amended. When a proposal is
accepted, representatives of the Parties shall meet to negotiate the requested
Amendment(s) as soon as agreeable. Discussion shall be limited to the item(s) in
question. Any agreement reached as a result of such negotiations shall be signed
by the Parties in the same manner as this Agreement, and is subject to the
approval of the Office of the Secretary, DOI.
3. Any MOA will become effective on the date signed. In accordance with Section
44.1(a), Amendments to this Agreement shall become effective on the date they
are approved by DOI. They shall remain effective concurrent with this
Agreement.
SECTION 44.3 - RENEWAL
This Agreement shall be automatically renewed for equivalent three-year periods, subject
to applicable law and regulation, unless either party gives written notice to the other party
of its intention to change this Agreement. Such notice must be given and received not
more than 120 nor less than 90 calendar days prior to the expiration date of this
Agreement (i.e. 3 years from the execution date of this Agreement).
SECTION 44.4 - GROUND RULES FOR NEW AGREEMENT
The parties shall exchange ground rule proposals no later than 30 calendar days after
receipt or submission of a request(s) to bargain provided for in 44.3 above.
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ARTICLE 45
EMPLOYEE DISABILITY COMPENSATION
SECTION 45.1 - GENERAL
The Employer will render prompt first aid and assistance to any Employee who suffers
injury while in the performance of duties and see that the Employee receives prompt care
and compensation in accordance with rights under the Federal Employee’s Compensation
Act (FECA). Any Employee injured while in the performance of duties may file for
compensation benefits in accordance with the FECA. Notice of injury, claims and certain
specified reports shall be made on forms prescribed by Office of Workers’ Compensation
Program (OWCP). The Employer shall not modify these forms or use substitute forms.
The Employer will maintain an adequate supply of the basic forms needed for the proper
recording and reporting of injuries. (See CFR Title 20 Chapter 1 Part 10 and Appendix
“H” OWCP Chart)
SECTION 45.2 - COUNSELING OF EMPLOYEES
When a Supervisor becomes aware that an Employee under his/her supervision has
suffered a disabling industrial illness or injury in the performance of duties, the
Supervisor in coordination with the CASO State Human Resource Services Office will
immediately ensure that the affected Employee is properly advised as to his/her current
right to file for compensation benefits; the types of benefits available; the procedure for
filing claims; and the option to use compensation benefits in lieu of sick or annual leave.
SECTION 45.3 - EMPLOYEE CLAIMING BENEFITS REQUESTING
CONTINUED COMPENSATION
It is understood by the Parties to this Agreement that for the Employee to claim benefits
under FECA, it is necessary for them to initiate a claim by filing a notice of injury (Form
CA-1 for traumatic injury, CA-2 for occupational disease) or file a request for continued
compensation (CA-7) with their Supervisor. Another person, including the Employer,
may also file for the Employee. The Employer will ensure that, upon receipt of either
notification, the Employer portion of the form will be completed in accordance with
applicable law, rule and regulation. (See CFR Title 20, Section 10.110 and CFR Title 20,
Section 10.112)
SECTION 45.4 - EMPLOYEE HEALTH BENEFITS UNDER FECA
Employees receiving benefits under the FECA will be advised as to their rights to
continued coverage under their Health Benefits selection.
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SECTION 45.5 - EXCUSED ABSENCE AND CONTINUATION OF PAY (COP)
FOR TRAUMATIC INJURIES
1. In accordance with governing law, rule and regulation, time lost to seek medical
attention on the day of the traumatic injury will be paid at the regular pay.
2. An Employee who sustains a disabling, job-related traumatic injury as defined in
applicable law, rule or regulation will be advised of their rights under the FECA
to elect continuation of pay, annual leave or sick leave to address their absence
from work due to the injury. The first COP day is the first day disability begins
following the date of injury, providing it is within the forty-five (45) days
following the date of the injury, except where the injury occurs before the
beginning of the work day or shift, in which case the date of injury is charged to
COP. (See 20 CFR Part 10, Section 10.215)
SECTION 45.6 - SERVICE CREDIT AND RETIREMENT
For those Employees who have been informed by OWCP that they are not totally
disabled to perform a part of their usual duties or who are able to perform work of a
different nature, the Employer will advise them as to the advantages and disadvantages of
retirement versus reassignment to another position. The time an Employee is receiving
injury compensation under the FECA is fully creditable for length of Federal Service.
SECTION 45.7 - DEPENDENT RIGHTS
For an Employee who has been incapacitated or killed in the performance of their duties,
the dependents of the Employee will be provided an opportunity by the Employer to be
briefed on the benefits provided, the Employee by FECA.
SECTION 45.8 - DENIAL OF CLAIMS AND APPEAL RIGHTS
The Parties recognize that the Office of Workers’ Compensation Program approves or
disapproves compensation claims and the amount to be paid. OWCP will notify the
Employee in writing of their appeal rights and responsibilities when the compensation
order is issued.
SECTION 45.9 - EMPLOYEE NOTIFICATION OF FECA
In accordance with applicable law and regulation the Employer will notify Employees of
their rights and responsibilities under the Federal Employee’s Compensation Act.
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SECTION 45.10 - REASSIGNMENTS DUE TO ON-THE-JOB INJURY
When an Employee is injured on the job and/or becomes medically disqualified from
his/her current position as a result of an on-the-job injury or illness, the Employer shall
make positive efforts, in accordance with applicable law and regulation, to assign such
Employee limited duties on a temporary basis where it has been determined that the
Employee can satisfactorily perform such duties. At the request of the Employee,
Flexiplace (work at home) will be considered by the Employee’s Supervisor during the
recovery period. (See Article 15)
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ARTICLE 46
UNION-EMPLOYER CONTACT/COMMUNICATIONS
SECTION 46.1 - GENERAL
Upon request from either Party, Stewards and Supervisors may informally discuss items
of concern in the application of this Agreement to avoid misunderstanding and to deter
complaints. In keeping with the Union-Management objectives of this Agreement,
except for specific time frames otherwise stated within Articles of this Agreement, the
Employer and the Union will use best efforts to respond to respective correspondence
within ten (10) calendar days of receipt.
SECTION 46.2 - CONTACTING THE UNION LOCAL
1. When the Employer desires to contact the Union, they may do so by contacting
the Union President, or their designee, during duty hours. This contact may be by
E-mail, written correspondence or telephone/voice mail. If the Union has been
provided office space the Employer will mail correspondence to or make
telephone or fax contact with the Union during Union office hours at the Union
office. If contact must be made when the Union office is not open, contact should
be directed to the Local Union President, or their designee, at their duty location.
2. Employees should contact the Union President, or his/her appropriately designee,
via telephone or E-mail for an appointment.
3. Supervisors and Managers may, and are encouraged to, contact Stewards directly
when scheduling meetings for response to Employee grievances.
SECTION 46.3 - CONTACTING THE EMPLOYER
1. The State Director, or their designee, will be the point of contact for all mid-term
bargaining, Grievance Procedure or any other correspondence impacting the
Bargaining Unit. Any designee selected by the State Director for this purpose
will have the authority to facilitate prompt response to negotiations or resolution
of a grievance undertaken Statewide or designate a representative with this
authority. The State Director will provide the Union the identity of their designee
in writing.
2. Stewards and Union Officials may, and are encouraged to, contact supervisors
directly when scheduling meetings for response to Employee Grievances.
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SECTION 46.4 - CONTACTING THE UNION
The Union will be provided a single E-mail account (address) for the specific purpose of
being notified of a bargaining obligation being generated by a directive issued by
Management.
The above E-mail address will be accessible by the Union President, or their designees.
If it is necessary for Management to provide hard copy documentation in conjunction
with a notification of a bargaining obligation under this Section, the Union President shall
have this documentation delivered to the Union office if said office is at the Union
President’s duty location. If the Union’s office is separate from the Union President’s
duty location this documentation will be sent to the Union President’s duty location.
If the above E-mail address is unavailable for notification of a Union bargaining
obligation initiated by State Office directive which affects the Bargaining Unit, the
Management designated representative for this issue will provide notification through
intra Agency mail or direct hand receipt to the Union President, or Union representative
designated for the issue.
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ARTICLE 47
LAW ENFORCEMENT
SECTION 47.1 - GENERAL This Article applies to only those bargaining unit employees of NFFE Local 2152 that are sworn uniformed law enforcement officers with fully delegated law enforcement authority and responsibility and categorized as a Law Enforcement Officer (LEO) for retirement purposes. LEOs who are bargaining unit members may not waive any rights provided by the Articles of this Agreement for consideration in work assignment, promotion or employment opportunity. SECTION 47.2 - TOUR OF DUTY
1. For all LEOs who are in the bargaining unit, Article 14 applies with the following
understanding.
2. Parties to this agreement recognize that an LEO’s regular assigned tour of duty
may be changed without prior Union/employee notification in response to the
Bureau’s need to provide law enforcement support for an emergency or when
necessary for a special event the LEO was not previously scheduled to attend.
However, upon completion of the LEO’s assignment to provide support to the
emergency or unscheduled support to the special event the Employee will be
allowed to resume their regularly assigned tour of duty.
SECTION 47.3 - LOANS OF BARGAINING UNIT – LAW ENFORCEMENT
OFFICERS (LEO)
1. DEFINITION
a. A loan is the assignment of an LEO of the bargaining unit to another
supervisor or organization to meet temporary or limited emergency other
work situations such as scheduled special event where the position (work
assignment) is at the same grade, series, and the basic LEO duties as
his/her regular work assignment.
2. DISTRIBUTION OF LOANS OUTSIDE THE LEO’s NORMAL DUTY
LOCATION
a. Availability of an LEO for a loan (work assignment) to a Special Event(s)
outside the LEO’s normal duty station will be determined by the Employer
(normally the LEO’s immediate supervisor). When time allows, the
Employer will notify LEOs of the opportunity to volunteer for an
assignment to a special event outside their normal duty station.
Notification will be by advertising that qualified LEOs are being afforded
the opportunity to participate in a special event (i.e. specific work
assignment). For example, LEOs will normally be informed of where the
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special event will take place and the requisite skills/qualifications and the
time they need to be available for the LEO to be considered for selection
as a volunteer. In situations that require immediate response by the
Employer, exceptions to the above and the following consideration may be
made.
b. Each fiscal year at generally the same annually recurring date, the
Employer will solicit volunteers from available LEOs for assignment to
known Special events for which it may be necessary to temporarily
reassign LEOs away from their normal duty station to meet anticipated
Law Enforcement manning needs for the special event.
c. When special qualifications are known for a specific special event,
solicitation notices for LEO volunteers who are normally assigned outside
the duty station (i.e. the volunteer LEO’s normal work location is not
where the special event will be held) will identify any special
qualifications that are required. If time allows LEO volunteers will be
given 30 days to respond to the solicitation for volunteers.
d. Although the Employer will make the final determination of LEO work
assignments based on the needs of the Bureau, the Employer agrees to
consider the following when the Employer selects from a list of qualified
volunteers in support of a special event outside the normal work location
for the selected LEO:
i. number of days of special event assignments previously assigned
to during the year (LEOs with less than 14 days of assigned
emergency/special event duty outside their normal duty station will
be considered first);
ii. seniority (For LE Rangers with less than 14 days of assigned
emergency/special event duty outside their normal duty station) the
LEO with the earliest service comp date will be considered in
descending order (earliest first to newest shortest last);
iii. least distance of travel from duty station to special event site (after
consideration of a & b above, LE Rangers with the least travel
distance will be considered first);
e. The number of days an LEO is on loan to another organization away from
their duty location will be kept on the appropriate roster. Normally, the
maximum number of loan days away from their duty location by
volunteering or directed assignment will be limited to 14 days per year;
however, no time limitations concerning loans are in effect if it is
determined by the Employer that an LEO’s skills and qualifications are
necessary to meet the Bureau’s law enforcement requirements for an
organizational element in or out of the State. Exceptions to this roster may
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be made for employees who are handicapped or who have been assigned
to light duty for medical reasons.
f. At the time of response to the Agency’s solicitation of volunteers the LE
Rangers will be permitted to identify special events or dates when the
Ranger will not be available for assignment to a special event due to
circumstances such as, conflicting event at the Ranger’s duty station,
approved leave, personal hardship, etc
3. LOANS OUTSIDE THE BARGAINING UNIT
a. When a LEO is to be temporarily assigned to a position outside the
bargaining unit, the Employer will inform the employee of working
conditions which are different at the receiving location.
4. DURATION OF LOANS OUTSIDE THE LEO’S ASSIGNED DUTY
STATION
a. Loans shall be affected in accordance with applicable rules and regulations
in effect at the time of the Loan assignment. Loans will be limited to the
shortest practicable time and, upon request, the Employer will inform the
employee of the anticipated duration and working conditions which are
different at the receiving location.
SECTION 47.4 - UNION REPRESENTATION WHEN ON LOAN When an LEO is loaned outside the bargaining unit or to another duty location within the State, the LEO is not removed from his/her position within the Bargaining Unit, nor does
it abrogate the Employee's right to Union representation. To ensure that the LEO is
aware of whom their representative(s) is, a notice containing this information will be
included in their orientation package. All Employees should make themselves aware of their Union representative's name and phone number prior to departing for a special event
or other assignment. If a Union Representative is authorized to represent a bargaining
unit LEO at a special event, the representative will be provided official time, travel and
per diem in accordance with the following Articles of this Agreement: Article 37 - Grievances; Article 40 - Use of Official Time; Article 3 Employee Rights; Article 4 -
Union Rights; and, Article 17 Pay and Travel.
For LEOs who are assigned duties in support of a special event and will be in a travel
status in conjunction with this support, the Employee will be provided the following contact information in writing:
1. Union Local telephone number;
2. Employee's Supervisor's work phone number;
3. Servicing Human Resource Services Office; and
4. EEO contact telephone number;
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SECTION 47.5 - LEO FILING GRIEVANCE DURING TEMPORARY
ASSIGNMENT TO SPECIAL EVENT/EMERGENCY
Article 37 of this Agreement will be used by an LEO Employee, in which a grievable
issue develops, while on temporary assignment, to an emergency or special event. The
Employee will be allowed to either request a Union Representative in accordance with
Article 37 or may request an abeyance of the time limits to file a grievance from his/her
Supervisor until such time the Employee returns to their normal duty station.
If the Employee has requested an abeyance for the deadline to file a grievance over a
grievable issue, which occurred during the assignment to an emergency incident or
special event, upon return to his/her normal duty station the Employee has twenty-one (21) calendar days to file a grievance on this incident. In the event that the aggrieved
Employee is reassigned to another incident away from their normal duty station within
twenty-one (21) calendar days of returning from the previous incident, the requested
abeyance will be continued until the Employee returns to their duty station. SECTION 47.6 - RENTAL QUARTERS
Rental Quarters for remotely located Law Enforcement personnel will be governed by
applicable law, rule, regulation and Article 25 of this Agreement. SECTION 47.7 - ADMINISTRATIVELY UNCONTROLLABLE OVERTIME (AUO)
1. The Employer agrees to timely consider written requests from LEOs who wish to
be placed on AUO. If the request is denied the reasons will be provided in
writing.
2. If the Employer places an LEO on AUO it will be done in accordance with law,
rule, regulation, and applicable sections of this Master Labor Agreement.
3. Denial of an employee’s request, or placement of an employee on AUO, will not
be used as a punitive measure.
4. If it is determined appropriate by the Employer to pay “premium pay” in
accordance with 5 CFR 550.151 to a bargaining unit LEO, the Union will be
notified of this decision prior to implementation.
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GLOSSARY
ACCRETION OF DUTIES: An accretion of duties is the addition of substantive new
and higher graded duties and responsibilities to an existing position. (See Article 20,
Section 20.6)
ADVERSE ACTION: For the purposes of this Agreement, an “adverse action” is
defined as a suspension for more than fourteen (14) days, a non-voluntary reduction in
grade/pay, a removal, or furlough of thirty (30) days or less (5 U.S.C. 7512). (See Article
36, Section 36.1)
AGREEMENT: Labor/Management contract negotiated between the Parties. The
collective-bargaining Agreement entered into as a result of bargaining in accordance with
the Federal Service Labor-Management Relations Statute.
ALLOTMENT: Authorization by the Employee for the Employer to withhold Union
membership dues from the Employee’s wages and transmit those funds directly to the
appropriate Union Local. (See Article 42, Section 42.1)
ALTERNATIVE DISPUTE RESOLUTION (ADR): Mediation used in lieu of
grievance/arbitration to resolve issues. (See Article 37, Section 37.5)
AMENDMENT: An agreement between NFFE Local 2152, the California State
Director, to append, modify, or change the Master Labor Agreement between the Parties
because of the enactment of new law or change in policy which directly affects the
provisions of the Master Labor Agreement or its supplements. (See Article 44, Section
44.2)
ASSIGNMENT OF WORK: Relates to the assignment of work to Employees or
positions by a Supervisor/Manager. The Supervisor/Manager determines the particular
qualifications and skills needed to perform work, who is to perform the work, the kind
and amount of work to be performed, the manner in which it is to be performed, as well
as when it is to be performed. (See Article 8, Section 8.3)
ATTRITION: The elimination of a position by the Employer after an incumbent
Employee vacates the position. As in the occurrence of an Employee retiring or
resigning and the Employer deleting the vacant position from the organizational structure
upon becoming vacant.
BARGAINING UNIT: A grouping of Employees that the Federal Labor Relations
Authority (FLRA), under the criteria of 5 U.S.C. 7112, has found appropriate for
representation by an exclusive representative (Union). (See Article 4)
BINDING ARBITRATION: The final step in the Negotiated Grievance Procedure. A
method of settling employment disputes through recourse to an impartial third party
whose decision is usually final and binding. (See Article 38, Section 38.1)
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CAREER SEASONAL EMPLOYEE: A career employee hired for a specific season.
COLLABORATIVE: Working together towards a common end.
COLLECTIVE BARGAINING: The performance of the mutual obligation of the
representative of an agency and the exclusive representative of the Employees in an
appropriate unit in the Agency to meet at reasonable times and to consult and bargain in a
good-faith effort to reach agreement with respect to the conditions of employment
affecting such Employees and to execute, if requested by either party, a written
agreement reached, but the obligation referred to in this paragraph does not compel either
Party to agree to a proposal or to make a concession. (See 5 U.S.C. 7103(a)(12))
CONDITIONS OF EMPLOYMENT: Personnel policies, practices, and matters,
whether established by rule, regulation, or otherwise, affecting working conditions,
except that such term does not include policies, practices and matters: relating to political
activities prohibited under Subchapter III of Chapter 73 of 5 U.S.C.; relating to the
classification of any position; or, to the extent such matters are specifically provided for
by Federal Statute. (See 5 U.S.C. 7103(a)(14))
DAYS: All references to days are in calendar days and all time limits are counted in
calendar days, unless otherwise stated. When calculating time limits, the day of an action
or receipt of a document is not counted. The last day of the time limit is counted unless it
is a Saturday, a Sunday, a legal holiday, or a day on which the employee is not regularly
scheduled to work at the permanent duty station. In those cases, the last day of the time
limit will be moved to the next regularly scheduled work day.
DESIGNATED EMPLOYER REPRESENTATIVE: Individual designated by
appropriate authority of the Employer for the Bargaining Unit, and authorized by Statute
to represent Management. (See Article 5)
DESIGNATED UNION REPRESENTATIVE: Individual designated by appropriate
authority of the exclusive representative (Union) for the Bargaining Unit, and authorized
by Statute, to represent Bargaining Unit Employees. (See Articles 4 and 40)
EMPLOYEE(S): The term “Employee” references an Employee of BLM-California
who is a Bargaining Unit member as identified in Article 1 of this Agreement.
EMPLOYEE WORKSITE: For the purposes of Articles 37and 40, of this Agreement,
the Employee’s worksite is the Employee’s normally assigned work area such as a Field
Office, Fire Station or other adjacent or contiguous area used by the Employee when
performing official duties.
EMPLOYER: For the purposes of this Agreement the United States Department of
Interior, Bureau of Land Management (BLM), California State Office (BLM-State
Director) is the Employer for Employees in the Bargaining Unit represented by NFFE
Local 2152. (See Preamble and Article 1)
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EXCLUSIVE REPRESENTATIVE(S): The National Federation of Federal
Employees, Local 2152 is the certified exclusive representatives of the Bargaining Unit
identified in Article 1 of this Agreement. Because of this certification the Employer in
certain circumstances is restricted from dealing directly with unit Employees regarding
conditions of employment of Bargaining Unit Employees. (See Title 5 U.S.C. Chapter
71, Articles 4 and 40)
EXEMPT EMPLOYEE(S): Refers to Employees not covered by the Fair Labor
Standards Act. (See Articles 14 and 17)
FAIR LABOR STANDARDS ACT (FLSA): The Fair Labor Standards Act of 1938, as
amended (referred to as the Act), is published in law in Sections 201-219 of Title 29,
United States Code. The Act provides for minimum standards for both wages and
overtime entitlement, and spells out administrative procedures by which covered
worktime must be compensated. Included in the Act are provisions related to child labor,
equal pay, and portal-to-portal activities. In addition, the Act exempts specified
Employees or groups of Employees from the application of certain of its provisions. (See
Articles 14 and 17)
FAMILY: Pertains to family members as defined in 5 CFR 630.201. (See Article 16)
FEDERAL LABOR RELATIONS AUTHORITY (FLRA): The independent Agency
responsible for interpreting The Federal Service Labor-Management Relations Statue,
Title 5 U.S.C. Chapter 71, making decisions on unit determinations, unfair labor practice
charges, negotiability disputes and exceptions to an arbitrator’s award. (See Appendix
“J”)
FEDERAL MEDIATION AND CONCILIATION SERVICE (FMCS): An
independent Agency which provides mediators to assist parties involved in negotiations
or in a labor dispute to reach settlement; provides lists of suitable arbitrators on request;
and engages in various types of preventive mediation. (See Articles 37, 38 and 43)
FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE
(STATUTE): 5 U.S.C. Ch. 71, The Federal Service Labor-Management Relations Statute. (See
Appendix “J”)
FEDERAL SERVICE IMPASSES PANEL (FSIP): Entity within the FLRA, that
resolves bargaining impasses in the Federal service. The Panel may recommend
procedures, including arbitration, for the settling of impasses or it may direct settlement
of the impasse itself. (See Article 43)
FIRE SEASON: That period of the year where the potential of multiple or large
wildfires can occur. Based on historical fire occurrence, the BLM-California has defined
the fire season to be from Mid - April to Mid-October. (See Article 12)
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FLEXIPLACE: An alternative worksite, rather than the traditional office. This may be
such alternative work locations as an Employee’s home or telecommuting center. (See
Articles 15, 16 and 45)
FORMAL DISCUSSION: In accordance with 5 U.S.C. 7114(a)(2)(A), the exclusive
representative (appropriate Union Local) must be given an 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 practice or other general condition of employment”. (See Article 4)
GRIEVANCE: A grievance means any complaint: 1) by any Employee concerning any
matter relating to the employment of the Employee; 2) by any labor organization
concerning any matter related to the employment of any Employee; or 3) by any
Employee, labor organization or Agency concerning: a) the effect or interpretation, or
claim of breach, of a collective bargaining agreement; or b) any claimed violation,
misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of
employment. (See 5 U.S.C. 7103(a)(9) and Article 37)
IMPACT AND IMPLEMENTATION (I&I): The bargained procedures Management
Officials observe in exercising their authority and appropriate arrangements for
Employees adversely affected by the exercise of such authority.
INTEREST BASED BARGAINING (IBB): A bargaining process in which the parties:
(1) identify the specific issue to be addressed; (2) state their interests relative to the issue;
(3) identify options/solutions to address the issue; (4) evaluate the options based on
agreed upon standards; and (5) come to agreement by consensus. The process requires
communication rather than exchanging proposals as is done in traditional bargaining
(also called Win-Win or Consensual Bargaining). (See Article 43)
LEAVE SHARING: Agency program conducted in accordance with 5 CFR 630,
Subpart I, that allows an Employee to donate annual leave to another “in need”
Employee. (See Article 16, Section 16.19)
MANAGEMENT: The Agency head and all Management Officials, Supervisors, and
other representatives of Management having authority to act for the Agency on any
matter relating to the implementation of the Agency labor-management program. (See 5
U.S.C. Chapter 71)
MANAGEMENT OFFICIAL: An individual employed by the Agency (DOI, BLM) in
a position the duties and responsibilities of which require or authorize the individual to
formulate, determine, or influence the Labor-Management policies of the Agency. (See 5
U.S.C. 7103(a)(11) and Article 5)
MASTER LABOR AGREEMENT (MLA): This Agreement. (See Articles 1-47
Appendices “A-K”)
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MEDIATION: A procedure by which an impartial third party is used to facilitate
resolution of a dispute or conflict by promoting voluntary and consensual agreement by
the parties to the dispute. (See FMCS definition above, Article 37, Section 37.5, and
Articles 43 Section 43.4)
MEDIATOR: A third party from the Federal Mediation and Conciliation Services
(FMCS) or from another source which assists in mediation.
MIDTERM NEGOTIATIONS: All bargaining that takes place during the life of this
Agreement that is initiated by representatives of the Employer or Union on issues not
covered by this Agreement. (See Article 43, Section 43.3)
NEGOTIATED GRIEVANCE PROCEDURE (NGP): See Article 37.
NEGOTIATIONS: See Collective Bargaining and Midterm Negotiations definitions
above, and Article 43.
NON-EXEMPT: Refers to Employees covered by The Fair Labor Standards Act. (See
Articles 14 and 17)
OFFICIAL TIME: Duty time that is granted to perform designated functions without
loss of pay or charge to an Employees leave account. (See Article 40)
OFFICIAL PERSONNEL FILE (OPF): An Employee’s official personnel records,
maintained by the CASO Human Resource Services Office. (See Article 13)
OMB CIRCULAR A-76: Publication of the Office of Management and Budget which
outlines the rules and procedures for contracting-out of work. (See Article 30)
OTHERWISE IN A DUTY STATUS: For the purposes of this Agreement “otherwise
in a duty status” is a phrase that indicates that an Employee who is in a duty status by
direction of the Employer may be granted Official Time with pay for the purpose of labor
relations issues such as representing Employees as the designated representative of the
Union. (See Articles 37, 38 and 40)
PARTIES: The Employer and the Union. (See Preamble to this Agreement)
PERFORMANCE IMPROVEMENT PLAN (PIP): A written plan providing
guidance and assistance for Employees who fail to meet performance
responsibilities/objectives. (See Article 9)
REDUCTION IN FORCE (RIF): A uniform systematic, objective method to
determine which Employees will retain their positions during work force reduction(s).
(See 5 CFR 351 and Article 35)
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STEWARD: Bargaining Unit representatives appointed by the Union to act on its
behalf. (see Article 40)
SUPERVISOR: An individual employed by an Agency having authority in the interest
of the Agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall,
suspend, discipline, or remove Employees, to adjust their grievances, or to effectively
recommend such action, if the exercise of the authority is not merely routine or clerical in
nature but requires the consistent exercise of independent judgment, except that, with
respect to any unit which includes firefighters or nurses, the term "Supervisor" includes
only those individuals who devote a preponderance of their employment time to
exercising such authority. (See 5 U.S.C. 7103(a)(10) and Management definition above)
TEMPORARY DUTY ASSIGNMENT (TDY): Travel to one or more places away
from a permanent duty station to perform duties for a temporary period of time and upon
completion of assignment return or proceed to permanent duty station. (See Articles 17
& 20)
TEMPORARY/TERM EMPLOYEE: Employees serving under a time limited
appointment. (See Article 11)
UNFAIR LABOR PRACTICE (ULP): Actions on the part of the Employer or the
Union which violate rights granted under the Federal Service Labor Management Statute,
Section 7116. (See Appendix “J”)
UNION: National Federation of Federal Employees, Local 2152. (See Preamble and
Article 4)
UNION OFFICIAL: Specific Union representatives who are duly elected or appointed
to conduct the administrative operations of the Union. (See Articles 4 and 40)
UNION REPRESENTATIVE: Any accredited National Representative of the Union,
and the duly elected or appointed Officials of the Union Local, including Stewards. (See
Articles 4 and 40)
WEINGARTEN RIGHT: The right of an Employee to have Union representation,
upon request, in connection with an investigation, when that Employee reasonably
believes that the investigation may result in disciplinary action. (See Article 3, Article
32, inside the front cover of this Agreement and Appendix “K”)
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APPENDIX
“A”
Bureau of Land Management - NFFE Local 2152
Standard Grievance Record Type of Grievance: Employee ; Union ; Employer ;
Group
PART I (To be completed by Employee to file at Step 1. Fill in the blocks below and must be present it
to your supervisor within 14 days of the date of the alleged violation) Union Steward: I elect to be represented
by the Union.
Yes
No
Employee’s Name:
Employee’s Signature: Office Location:
Identification of general nature of grievance:
Date:
My signature to the right certifies my election to request the release of data, information, and documents covered by the Privacy Act that are pertinent to
this grievance and may be requested by my designated Union Representative.
Employee’s Signature for release of Privacy Act Data
(blue ink only)
THIS IS TO CERTIFY THE STEP 1 GRIEVANCE WAS RECEIVED Signature of Supervisor:
Date Received by Supervisor:
PART II RECORD OF STEP 1 GRIEVANCE This part is to be completed by the Union Representative and/or employee before or at the Step 1 meeting. Briefly describe the incident causing the grievance (include date, time, and place, Articles or Sections of Labor Agreement/local Supplement/Regulation or Law alleged to have been violated). The Management Official must sign and date below to acknowledge receipt.
Subject of Grievance and Requested Remedy (if more space is needed, use separate sheet of paper):
THIS IS TO CERTIFY THE STEP 1 GRIEVANCE PART II WAS RECEIVED Signature of Supervisor:
Date Completed Part II Received:
PART III RESPONSE TO STEP 1 GRIEVANCE To be completed by the Step 1 supervisor. This is the written response to the Step 1 grievance. If Resolution is reached at Step 1 meeting Parts II & III should be completed prior to the end of the meeting. (If more space is needed use separate sheet of paper.)
Signature of Supervisor:
Date:
Response Mailed to Grievant: Certify by signature
Date:
Response Mailed to Union Representative: Certify by signature
Date:
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PART IV RECORD OF STEP 2 GRIEVANCE This must be completed to elevate the grievance to Step 2. Briefly describe the incident causing the grievance (include date, time, and place, Articles or Sections of Labor Agreement/local Supplement/Regulation or Law alleged to have been violated). Upon receipt of the grievance the Management Official must sign and date below to acknowledge receipt. Include all Part II and Part III materials.
Name of Grievant:
Duty Location/Organization: Phone:
Union Representative:
Duty Location/Organization: Phone:
Rebuttal to Step 1 response and/or additional/documentation (if more space is needed, use separate sheet of paper):
Remedy sought:
Signature of Grievant:
Date:
Signature of Representative:
Date:
THIS IS TO CERTIFY THE STEP 2 GRIEVANCE WAS RECEIVED Signature of Management Official or Designee:
Date:
PART V RESPONSE TO STEP 2 GRIEVANCE To be completed by the Step 2 Management Official. This is the written response to the Step 2 grievance. If
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resolution is reached at a Step 2 Meeting this section should be completed prior to the end of the meeting.
.
Signature of Management Official:
Date:
Response Mailed to Grievant: Certify by Signature
Date:
Response Mailed to Union Representative: Certify by signature
Date:
Part VI REQUEST FOR MEDIATION
Signature of Grievant:
Date:
Union Representative:
Date:
Employer Designee
Date
Was Mediation Undertaken? Yes No Was Resolution reached? Yes No
Date
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APPENDIX
“B”
STANDARD GRIEVANCE EXTENSION REQUEST FORM
Memorandum
To:
From:
Subject: Grievance Extension Request
For Grievance Category check one:
Employee ______
Union ______
Employer ______
Group ______
Issue/Subject Of Grievance _________________________________________
Grievant’s Name _________________________________________________
Current Step of the Grievance:
1____
2____
Grievant Office Locaton__________________________________________________________
An extension of _____ calendar days is requested for responding to the grievance for the following reason:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Requesting Union/Management Official: _____________________
Approved__________ Disapproved_________
The adjusted due date is ___________________________.
Signature__________________________________________.
Granting/Disapproving Union/Management Official
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APPENDIX
“C”
OFFICIAL TIME REQUEST/NOTIFICATION RECORD
This form may be used to request/approve/disapprove the use of Official Time.
Date: _______________________________
(Date Official Time Request Submitted)
Name: ___________________________________
(Employee Requesting Use Of Official Time)
Reason:
(Requested Official Time is for this purpose)
Estimated Duration:
(The Official Time requested is for this date and time)
Destination:
(The Official Time requested will be used at this location)
The above Official Time request is: ________ __________
Approved Disapproved
By: __________________________
Supervisor/Management Official
Date Request Approved/Disapproved: _____________
Reason For Disapproval is:
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APPENDIX “D”
EMPLOYEE REQUEST FOR POSITION DESCRIPTION REVIEW Employee’s Name:
Office Phone: Assigned Unit/Office Location:
Position Title:
Grade & Series Employee’s Assigned Supervisor:
I believe my Position Description (PD) does not accurately describe my assigned duties for the following reasons: (If more space is needed, use separate sheet of paper)
I am requesting the following action be taken to address the above:
Supervisor review of my current Position Description for Accuracy: □
Modification of my current Position Description: □
Date Request Received by Supervisor:
Supervisor’s Signature:
□ I have reviewed your request to modify your current Position Description and based on the information
you have provided I have determined your current Position Description is accurate and therefore no modification is necessary.
□ In response to your request for modification/review of your current Position Description I am forwarding
Position Description revisions to correct the inaccuracy of your PD.
Date Revisions Submitted for Administrative Process: Supervisor’s Signature:
Date Returned to Employee: Copy sent to the Union Local: Yes No
Date Sent: □ □
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APPENDIX “E”
Bureau of Land Management - California
Record of Counseling / Instruction
EMPLOYEE NAME
SUPERVISOR NAME
TITLE
TITLE
PHONE
PHONE
DUTY
LOCATION
DUTY
LOCATION
SUBJECT
REASON FOR COUNSELING
WHAT IS EXPECTED OF EMPLOYEE
SIGNATURE DATE SIGNATURE DATE
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APPENDIX
“F”
DOUGLAS FACTORS
Douglas Factors are the factors that the courts have determined should be considered by
supervisors when determining the appropriate penalty for an offense or misconduct.
These are:
1) The nature and seriousness of the offense(s), and it’s relationship to the
Employee’s position and responsibilities, including whether the offense was
intentional or inadvertent or technical, or was committed maliciously and/or gain,
or was frequently repeated.
2) The Employee’s job level and type of employment, including supervisory or
fiduciary role, contacts with the public and prominence of the position.
3) The Employee’s past disciplinary action.
4) The Employee’s past work record, including length of service, performance
on the job, ability to get along with Federal workers, and
dependability/reliability.
5) The effect of the offense upon the Employee’s ability to perform at a
satisfactory level and the effect upon the Supervisor’s confidence in the
Employee’s ability to perform assigned duties.
6) The consistency of the penalty with those imposed upon other Employees for
the same or similar offenses in like or similar circumstances.
7) Consistency of the penalty with any applicable agency table of penalties.
8) The notoriety of the offense or its impact on the agency’s reputation.
9) The clarity with which the Employee was put on notice of any rules or
regulations which were violated in committing the offense, or had been warned
about concerning the conduct in question.
10) The Employee’s potential for rehabilitation.
11) Any mitigating circumstances surrounding the offense such as unusual job
tensions, personal problems, mental impairments, harassment, or bad faith,
malice or provocation on the part of others included in the matter.
12) The adequacy and effectiveness of alternative sanctions and their
effectiveness to deter such conduct in the future, by the Employee or others.
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APPENDIX
“G”
WARNING AND ASSURANCE TO EMPLOYEE TO PROVIDE INFORMATION
This is an official administrative inquiry regarding misconduct or improper performance
of official duties. In accordance with the Privacy Act of 1974, you are advised that the
authority to conduct this interview is contained in Title 43 United States Code, Section
1466.
This inquiry pertains to
______________________________________________________________
___________________________________________________.
The purpose of this interview is to obtain information which will assist in the
determination of whether administrative action is warranted.
You are going to be asked a number of specific questions; Agency disciplinary action,
including dismissal, may be undertaken if you refuse to answer or fail to reply fully and
truthfully. If you are part of the Bargaining Unit, you may invoke your Weingarten right
and have a Union representative present at this inquiry if you reasonably believe that this
examination may result in disciplinary action being taken against you.
Neither your answers nor any information or evidence gained by reason of your answers
can be used against you in any criminal proceedings, except if you knowingly and
willfully provide false statements for information in your answers, you may be criminally
prosecuted for that action. The answers you furnish and any information or evidence
resulting therefore may be used in the course of Agency disciplinary proceedings which
could result in disciplinary action, including dismissal.
ACKNOWLEDGEMENT
I have read and understand my rights and obligations as set forth above.
______________________________ ______________________________
Investigator Employee
_________________________ _______________________
Witness Date:
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APPENDIX
“H”
OFFICE OF WORKERS’ COMPENSATION
FORM NO. & TITLE
Notice of injury, claims and certain specified reports shall be made on forms prescribed
by Office of Workers’ Compensation Program (OWCP). Employers shall not modify
these forms or use substitute forms. Employers are expected to maintain an adequate
supply of the basic forms needed for the proper recording and reporting of injuries.
These forms may also be obtained from a district office of the OWCP, Employment
Standards Administration, U.S. Department of Labor and the internet.
http://www.dol.gov/esa/owcp_org.htm
Form No. Title
(1) CA-1 Federal Employee’s Notice of Traumatic Injury and Claim for
Continuation of Pay/Compensation
(2) CA-2 Notice of Occupational Disease and Claim for Compensation
(3) CA-2a Notice of Employee’s Recurrence of Disability and Claim for
Pay/Compensation
(4) CA-5 Claim for Compensation by Widow, Widower and/or Children
(5) CA-5b Claim for Compensation by Parents, Brothers, Sisters, Grandparents, or
Grandchildren
(6) CA-6 Official Superior’s Report of Employee’s Death
(7) CA-7 Claim for Compensation Due to Traumatic Injury of Occupational
Disease
(8) CA-7a Time Analysis Form
(9) CA-7b Leave Buy Back (LBB) Worksheet/Certification and Election
(10) CA-16 Authorization of Examination and/or Treatment
(11) CA-17 Duty Status Report
(12) CA-20 Attending Physician’s Report
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APPENDIX
“I”
TITLE 5 OF THE UNITED STATES CODE
GOVERNMENT ORGANIZATION AND EMPLOYEES
PART 111-EMPLOYEES
SUBPART D-PAY AND ALLOWANCES
CHAPTER 55
PAY ADMINISTRATION
SUBCHAPTER IX-SEVERANCE PAY AND BACKPAY
5596. Back pay due to unjustified personnel action
(a) For the purpose of this section, "agency" means--
(1) an Executive agency;
(2) the Administrative Office of the United States Courts, the Federal
Judicial Center, and the courts named by section 610 of title 28;
(3) the Library of Congress;
(4) the Government Printing Office;
(5) the government of the District of Columbia;
(6) the Architect of the Capitol, including employees of the United States
Senate Restaurants; and
(7) the United States Botanic Garden.<<
(b) (1) An employee of an agency who, on the basis of a timely appeal or an
administrative determination (including a decision relating to an
unfair labor practice or a grievance) is found by appropriate authority
under applicable law, rule, regulation, or collective bargaining
agreement, to have been affected by an unjustified or unwarranted
personnel action which has resulted in the withdrawal or reduction of
all or part of the pay, allowances, or differentials of the employee--
(A) is entitled, on correction of the personnel action, to receive
for the period for which the personnel action was in effect--
(i) an amount equal to all or any part of the pay,
allowances, or differentials, as applicable which the
employee normally would have earned or received
during the period if the personnel action had not
occurred, less any amounts earned by the employee
through other employment during that period; and
(ii) reasonable attorney fees related to the personnel
action which, with respect to any decision relating to
an unfair labor practice or a grievance processed
under a procedure negotiated in accordance with
chapter 71 of this title, or under chapter 11 of title I
of the Foreign Service Act of 1980, shall be awarded
in accordance with standards established under
section 7701(g) of this title; and
(B) for all purposes, is deemed to have per formed service for the
agency during that period, except that--
(i) annual leave restored under this paragraph which is in
excess of the maximum leave accumulation
permitted by law shall be credited to a separate leave
account for the employee and shall be available for
188
use by the employee within the time limits
prescribed by regulations of the Office of Personnel
Management, and
(ii) annual leave credited under clause (i) of this
subparagraph but unused and still available to the
employee under regulations prescribed by the Office
shall be included in the lump-sum payment under
section 5551 or 5552(1) of this title but may not be
retained to the credit of the employee under section
5552(2) of this title.
(2) (A) An amount payable under paragraph (1)(A)(i) of this
subsection shall be payable with interest.
(B) Such interest--
(i) shall be computed for the period beginning on the
effective date of the withdrawal or reduction
involved and ending on a date not more than 30 days
before the date on which payment is made;
(ii) shall be computed at the rate or rates in effect under
section 6621(a)(1) of the Internal Revenue Code of
1986 during the period described in clause (i); and
(iii) shall be compounded daily.
(C) Interest under this paragraph shall be paid out of amounts
available for payments under paragraph (1) of this
subsection.
(3) This subsection does not apply to any reclassification action nor
authorize the setting aside of an otherwise proper promotion by a
selecting official from a group of properly ranked and certified
candidates.
(4) The pay, allowances, or differentials granted under this section for
the period for which an unjustified or unwarranted personnel action
was in effect shall not exceed that authorized by the applicable law,
rule, regulations, or collective bargaining agreement under which the
unjustified or unwarranted personnel action is found, except that in
no case may pay, allowances, or differentials be granted under this
section for a period beginning more than 6 years before the date of
the filing of a timely appeal or, absent such filing, the date of the
administrative determination.
(5) For the purpose of this subsection, "grievance" and "collective
bargaining agreement" have the meanings set forth in section 7103 of
this title and (with respect to members of the Foreign Service) in
sections 1101 and 1002 of the Foreign Service Act of 1980, "unfair
labor practice" means an unfair labor practice described in section
7116 of this title and (with respect to members of the Foreign
Service) in section 1015 of the Foreign Service Act of 1980, and
"personnel action" includes the omission or failure to take an action
or confer a benefit.
(c) The Office of Personnel Management shall prescribe regulations to carry out
this section. However, the regulations are not applicable to the Tennessee
Valley Authority and its employees, or to the agencies specified in
subsection (a)(2) of this section.
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APPENDIX
“J”
TITLE 5 OF THE UNITED STATES CODE
GOVERNMENT ORGANIZATION AND
EMPLOYEES
PART 111-EMPLOYEES
SUBPART F-LABOR-MANAGEMENT AND
EMPLOYEE RELATIONS
CHAPTER 71
LABOR-MANAGEMENT RELATIONS
(Abridged)
SUBCHAPTER I-GENERAL PROVISIONS Sec.
7101. Findings and purpose.
7102. Employees' rights.
7104. Federal Labor Relations Authority.
7105. Powers and duties of the Authority.
7106. Management rights.
SUBCHAPTER II-RIGHTS AND DUTIES OF AGENCIES AND LABOR
ORGANIZATIONS
7111. Exclusive recognition of labor organizations.
7114. Representation rights and duties.
7116. Unfair labor practices.
7117. Duty to bargain in good faith; compelling need; duty to consult.
SUBCHAPTER III-GRIEVANCES, APPEALS, AND REVIEW
7118. Prevention of unfair labor practices
7121. Grievances, Appeals and Review
7131. Official time
SUBCHAPTER 1-GENERAL PROVISIONS
7101. Findings and purpose (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
190
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.
7102. Employees' rights Each employee shall have the right to form, join, or assist any labor organization, or to refrain
from any such activity, freely and without fear of penalty or reprisal, and each employee shall be
protected in the exercise of such right. Except as otherwise provided under this chapter, such right
includes the right--
(1) 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
(2) to engage in collective bargaining with respect to conditions of employment
through representatives chosen by employees under this chapter.
7104. Federal Labor Relations Authority (a) The Federal Labor Relations Authority is composed of three members, not more than
2 of whom may be adherents of the same political party. No member shall engage in
any other business or employment or hold another office or position in the
Government of the United States except as otherwise provided by law.
(b) Members of the Authority shall be appointed by the President by and with the advice
and consent of the Senate, and may be removed by the President only upon notice
and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The
President shall designate one member to serve as Chairman of the Authority. The
Chairman is the chief executive and administrative officer of the Authority.
(c) A member of the Authority shall be appointed for a term of 5 years. An individual
chosen to fill a vacancy shall be appointed for the unexpired term of the member
replaced. The term of any member shall not expire before the earlier of--
(1) the date on which the member's successor takes office, or
(2) the last day of the Congress beginning after the date on which the member's
term of office would (but for this paragraph) expire.
(d) A vacancy in the Authority shall not impair the right of the remaining members to
exercise all of the powers of the Authority.
(e) The Authority shall make an annual report to the President for transmittal to the
Congress which shall include information as to the cases it has heard and decisions it
has rendered.
(f) (l) The General Counsel of the Authority shall be appointed by the President, by
and with the advice and consent of the Senate, for a term of 5 years. The
General Counsel may be removed at any time by the President. The General
Counsel shall hold no other office or position in the Government of the
United States except as provided by law.
(2) The General Counsel may-
(A) investigate alleged unfair labor practices under this chapter,
(B) file and prosecute complaints under this chapter, and
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(C) exercise such other powers of the Authority as the Authority may
prescribe.
(3) The General Counsel shall have direct authority over, and responsibility for,
all employees in the office of General Counsel, including employees of the
General Counsel in the regional offices of the Authority.
7105. Powers and duties of the Authority (a) (l) The Authority shall provide leadership in establishing policies and guidance
relating to matters under this chapter, and, except as otherwise provided, shall
be responsible for carrying out the purpose of this chapter.
(2) The Authority shall, to the extent provided in this chapter and in accordance
with regulations prescribed by the Authority-
(A) determine the appropriateness of units for labor organization
representation under section 7112 of this title;
(B) supervise or conduct elections to determine whether a labor
organization has been selected as an exclusive representative by a
majority of the employees in an appropriate unit and otherwise
administer the provisions of section 7111 of this title relating to the
according of exclusive recognition to labor organizations;
(C) prescribe criteria and resolve issues relating to the granting of
national consultation rights under section 7113 of this title;
(D) prescribe criteria and resolve issues relating to determining
compelling need for agency rules or regulations under section
7117(b) of this title;
(E) resolves issues relating to the duty to bargain in good faith under
section 7117(c) of this title;
(F) prescribe criteria relating to the granting of consultation rights with
respect to conditions of employment under section 7117(d) of this
title;
(G) conduct hearings and resolve complaints of unfair labor practices
under section 7118 of this title;
(H) resolve exceptions to arbitrator's awards under section 7122 of this
title; and
(I) take such other actions as are necessary and appropriate to effectively
administer the provisions of this chapter.
(b) The Authority shall adopt an official seal which shall be judicially noticed.
(c) The principal office of the Authority shall be in or about the District of Columbia, but
the Authority may meet and exercise any or all of its powers at any time or place.
Except as otherwise expressly provided by law, the Authority may, by one or more of
its members or by such agents as it may designate, make any appropriate inquiry
necessary to carry out its duties wherever persons subject to this chapter are located.
Any member who participates in the inquiry shall not be disqualified from later
participating in a decision of the Authority in any case relating to the inquiry.
(d) The Authority shall appoint an Executive Director and such regional directors,
administrative law judges under section 3105 of this title, and other individuals as it
may from time to time find necessary for the proper performance of its functions. The
Authority may delegate to officers and employees appointed under this subsection
authority to perform such duties and make such expenditures as may be necessary.
(e) (l) The Authority may delegate to any regional director its authority under this
chapter--
(A) to determine whether a group of employees is an appropriate unit;
192
(B) to conduct investigations and to provide for hearings;
(C) to determine whether a question of representation exists and to direct
an election; and
(D) to supervise or conduct secret ballot elections and certify the results
thereof.
(2) The Authority may delegate to any administrative law judge appointed under
subsection (d) of this section its authority under section 7118 of this title to
determine whether any person has engaged in or is engaging in an unfair labor
practice.
(f) If the Authority delegates any regional director or administrative law judge to take any
action pursuant to subsection (e) of this section, the Authority may, upon application
by any interested person filed within 60 days after the date of the action, review such
action, but the review shall not, unless specifically ordered by the Authority, operate
as a stay of action. The Authority may affirm, modify, or reverse any action
reviewed under this subsection. If the Authority does not undertake to grant review of
the action under this subsection within 60 days after the later of-
(1) the date of the action; or
(2) the date of the filing of any application under this subsection for review of the
action;
(3) the action shall become the action of the Authority at the end of such 6O-day
period.
(g) In order to carry out its functions under this chapter, the Authority may-
(1) hold hearings;
(2) administer oaths, take the testimony or deposition of any person under oath,
and issue subpoenas as provided in section 7132 of this title; and
(3) may require an agency or a labor organization to cease and desist from
violations of this chapter and require it to take any remedial action it
considers appropriate to carry out the policies of this chapter.
(h) Except as provided in section 518 of title 28, relating to litigation before the Supreme
Court, attorneys designated by the Authority may appear for the Authority and
represent the Authority in any civil action brought in connection with any function
carried out by the Authority pursuant to this title or as otherwise authorized by law.
(i) In the exercise of the functions of the Authority under this title, the Authority may
request from the Director of the Office of Personnel Management an advisory
opinion concerning the proper interpretation of rules, regulations, or policy directives
issued by the Office of Personnel Management in connection with any matter before
the Authority.
7106. Management rights (a) Subject to subsection (b) of this section, nothing in this chapter shall affect the
authority of any management official of any 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;
193
(C) with respect to filling positions, to make selections for
appointments from-
(i) among properly ranked and certified candidates for
promotion; or
(ii) any other appropriate source; and
(D) to take whatever actions may be necessary to carry out the
agency mission during emergencies.
(b) Nothing in this section shall preclude any agency and any labor organization from
negotiating--
(1) at the election of the agency, on the numbers, types, 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.
SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
ORGANIZATIONS
7111. Exclusive recognition of labor organizations (a) An agency shall accord exclusive recognition to a labor organization if the
organization has been selected as the representative, in a secret ballot election, by a
majority of the employees in an appropriate unit who cast valid ballots in the
election.
(b) If a petition is filed with the Authority-
(1) by any person alleging-
(A) in the case of an appropriate unit for which there is no exclusive
representative, that 30 percent of the employees in the appropriate
unit wish to be represented for the purpose of collective bargaining
by an exclusive representative, or
(B) in the case of an appropriate unit for which there is an exclusive
representative, that 30 percent of the employees in the unit allege
that the exclusive representative is no longer the representative of the
majority of the employees in the unit; or
(2) by any person seeking clarification of, or an amendment to, a certification
then in effect or a matter relating to representation; the Authority shall
investigate the petition, and if it has reasonable cause to believe that a
question of representation exists, it shall provide an opportunity for a hearing
(for which a transcript shall be kept) after a reasonable notice. If the
Authority finds on the record of the hearing that a question of representation
exists, the Authority shall supervise or conduct an election on the question by
secret ballot and shall certify the results thereof. An election under this
subsection shall not be conducted in any appropriate unit or in any
subdivision thereof within which, in the preceding 12 calendar months, a
valid election under this subsection has been held.
(c) A labor organization which-
(1) has been designated by at least 10 percent of the employees in the unit
specified in any petition filed pursuant to subsection (b) of this section;
(2) has submitted a valid copy of a current or recently expired collective
bargaining agreement for the unit; or
194
(3) has submitted other evidence that it is the exclusive representative of the
employees involved may intervene with respect to a petition filed pursuant to
subsection (b) of this section and shall be placed on the ballot of any election
under such subsection (b) with respect to the petition.
(d) The Authority shall determine who is eligible to vote in any election under this
section and shall establish rules governing any such election, which shall include
rules allowing employees eligible to vote the opportunity to choose-
(1) from labor organizations on the ballot, that labor organization which the
employees wish to have represent them; or
(2) not to be represented by a labor organization. In any election in which no
choice on the ballot receives a majority of the votes cast, a runoff election
shall be conducted between the two choices receiving the highest number of
votes. A labor organization which receives the majority of the votes cast in
an election shall be certified by the Authority as the exclusive representative.
(e) A labor organization seeking exclusive recognition shall submit to the Authority and
the agency involved a roster of its officers and representatives, a copy of its
constitution and bylaws, and a statement of its objectives.
(f) Exclusive recognition shall not be accorded to a labor organization-
(1) if the Authority determines that the labor organization is subject to corrupt
influences or influences opposed to democratic principles;
(2) in the case of a petition filed pursuant to subsection (b)(l)(A) of this section,
if there is not credible evidence that at least 30 percent of the employees in
the unit specified in the petition wish to be represented for the purpose of
collective bargaining by the labor organization seeking exclusive
recognition;
(3) if there is then in effect a lawful written collective bargaining agreement
between the agency involved and an exclusive representative (other than
the labor organization seeking exclusive recognition) covering any
employees included in the unit specified in the petition, unless-
(A) the collective bargaining agreement has been in effect for more than
3 years, or
(B) the petition for exclusive recognition is filed not more than 105
days and not less than 60 days before the expiration date of the
collective bargaining agreement; or
(4) if the Authority has, within the previous 12 calendar months, conducted a
secret ballot election for the unit described in any petition under, this section
and in such election a majority of the employees voting chose a labor
organization for certification as the unit's exclusive representative.
7114. Representation rights and duties (a) (l) A labor organization which has been accorded exclusive recognition is the
exclusive representative of the employees in the unit it represents and is
entitled to act for, and negotiate collective bargaining agreements covering,
all employees in the unit. An exclusive representative is responsible for
representing the interests of all employees in the unit it represents without
discrimination and without regard to labor organization membership.
(2) An exclusive representative of an appropriate unit in an agency shall be
given the opportunity to be represented at-
(A) any formal discussion between one or more representatives of the
agency and one or more employees in the unit or their
195
representatives concerning any grievance or any personnel policy or
practices or other general condition of employment; or
(B) any examination of an employee in the unit by a representative of the
agency in connection with an investigation if-
(i) the employee reasonably believes that the examination may
result in disciplinary action against the employee; and
(ii) the employee requests representation.
(3) Each agency shall annually inform its employees of their rights under
paragraph (2) (B) of this subsection.
(4) Any agency and any exclusive representative in any appropriate unit in the
agency, through appropriate representatives, shall meet and negotiate in good
faith for the purposes of arriving at a collective bargaining agreement. In
addition, the agency and the exclusive representative may determine
appropriate techniques, consistent with the provisions of section 7119 of this
title, to assist in any negotiation.
(5) The rights of an exclusive representative under the provisions of this
subsection shall not be construed to preclude an employee from-
(A) being represented by an attorney or other representative, other than
the exclusive representative, of the employee's own choosing in any
grievance or appeal action; or
(B) exercising grievance or appellate rights established by law, rule, or
regulation; except in the case of grievance or appeal procedures
negotiated under this chapter.
(b) The duty of an agency and an exclusive representative to negotiate in good faith under
subsection (a) of this section shall include the obligation-
(1) to approach the negotiations with a sincere resolve to reach a collective
bargaining agreement;
(2) to be represented at the negotiations by duly authorized representatives
prepared to discuss and negotiate on any condition of employment;
(3) to meet at reasonable times and convenient places as frequently as may be
necessary, and to avoid unnecessary delays;
(4) in the case of an agency, to furnish to the exclusive representative involved,
or its authorized representative, upon request and, to the extent not prohibited
by law, data-
(A) which is normally maintained by the agency in the regular course of
business;
(B) which is reasonably available and necessary for full and proper
discussion, understanding, and negotiation of subjects within the
scope of collective bargaining; and
(C) which does not constitute guidance, advice, counsel, or training
provided for management officials or supervisors, relating to
collective bargaining; and
(5) if agreement is reached, to execute on the request of any party to the
negotiation a written document embodying the agreed terms, and to take such
steps as are necessary to implement such agreement.
(c) (l) An agreement between any agency and an exclusive representative shall be
subject to approval by the head of the agency.
(2) The head of the agency shall approve the agreement within 30 days from the
date the agreement is executed if the agreement is in accordance with the
provisions of this chapter and any other applicable law, rule, or regulation
(unless the agency has granted an exception to the provision).
196
(3) If the head of the agency does not approve or disapprove the agreement
within the 30-day period, the agreement shall take effect and shall be binding
on the agency and the exclusive representative subject to the provisions of
this chapter and any other applicable law, rule, or regulation.
(4) A local agreement subject to a national or other controlling agreement at a
higher level shall be approved under the procedures of the controlling
agreement or, if none, under regulations prescribed by the agency.
7116. Unfair labor practices (a) For the purpose of this chapter, it shall be an unfair labor practice for an agency-
(1) to interfere with, restrain, or coerce any employee in the exercise by the
employee of any right under this chapter;
(2) to encourage or discourage membership in any labor organization by
discrimination in connection with hiring, tenure, promotion, or other
conditions of employment;
(3) to sponsor, control, or otherwise assist any labor organization, other than to
furnish, upon request, customary and routine services and facilities if the
services and facilities are also furnished on an impartial basis to other labor
organizations having equivalent status;
(4) to discipline or otherwise discriminate against an employee because the
employee has filed a complaint, affidavit, or petition, or has given any
information or testimony under this chapter;
(5) to refuse to consult or negotiate in good faith with a labor organization as
required by this chapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as
required by this chapter;
(7) to enforce any rule or regulation (other than a rule or regulation
implementing section 2302 of this title) which is in conflict with any
applicable collective bargaining agreement if the agreement was in effect
before the date the rule or regulation was prescribed; or
(8) to otherwise fail or refuse to comply with any provision of this chapter.
(b) For the purpose of this chapter, it shall be an unfair labor practice for a labor
organization-
(1) to interfere with, restrain, or coerce any employee in the exercise by the
employee of any right under this chapter;
(2) to cause or attempt to cause an agency to discriminate against any employee
in the exercise by the employee of any right under this chapter;
(3) to coerce, discipline, fine, or attempt to coerce a member of the labor
organization as punishment, reprisal, or for the purpose of hindering or
impeding the member's work performance or productivity as an employee or
the discharge of the member's duties as an employee;
(4) conditions of membership in the labor organization on the basis of race,
color, creed, national origin, sex, age, preferential or nonpreferential civil
service status, political affiliation, marital status, or handicapping condition;
(5) to refuse to consult or negotiate in good faith with an agency as required by
this chapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as
required by this chapter;
(7) (A) to call, or participate in, a strike, work stoppage, or slowdown, or
picketing of an agency in a labor-management dispute if such
picketing interferes with an agency's operations, or
197
(B) to condone any activity described in subparagraph (A) of this
paragraph by failing to take action to prevent or stop such activity; or
(8) to otherwise fail or refuse to comply with any provision of this chapter.
Nothing in paragraph (7) of this subsection shall result in any informational
picketing which does not interfere with an agency's operations being
considered as an unfair labor practice.
(c) For the purpose of this chapter it shall be an unfair labor practice for an exclusive
representative to deny membership to any employee in the appropriate unit
represented by such exclusive representative except for failure-
(1) to meet reasonable occupational standards uniformly required for admission,
or
(2) to tender dues uniformly required as a condition of acquiring and retaining
membership. This subsection does not preclude any labor organization from
enforcing discipline in accordance with procedures under its constitution or
bylaws to the extent consistent with the provisions of this chapter.
(d) Issues which can properly be raised under an appeals procedure may not be raised as
unfair labor practices prohibited under this section. Except for matters wherein, under
section 7121(e) and (f) of this title, an employee has an option of using the negotiated
grievance procedure or an appeals procedure, issues which can be raised under a
grievance procedure may, in the discretion of the aggrieved party, be raised under the
grievance procedure or as an unfair labor practice under this section, but not under
both procedures.
(e) The expression of any personal view, argument, opinion or the malting of any
statement which-
(1) publicizes the fact of a representational election and encourages employees
to exercise their right to vote in such election,
(2) corrects the record with respect to any false or misleading statement made by
any person, or
(3) informs employees of the Government's policy relating to labor-management
relations and representation, shall not, if the expression contains no threat or
reprisal or force or promise of benefit or was not made under coercive
conditions, (A) constitute an unfair labor practice under any provision of this
chapter, or (B) constitute grounds for the setting aside of any election
conducted under any provisions of this chapter.
7117. Duty to bargain in good faith; compelling need; duty to consult (a) (l) Subject to paragraph (2) of this subsection, the duty to bargain in good faith
shall, to the extent not inconsistent with any Federal law or any
government-wide rule or regulation, extend to matters which are the
subject of any rule or regulation only if the rule or regulation is not a
Government-wide rule or regulation.
(2) The duty to bargain in good faith shall, to the extent not inconsistent with
Federal law or any Government-wide rule or regulation, extend to matters
which are the subject of any agency rule or regulation referred to in
paragraph (3) of this subsection only if the Authority has determined under
subsection (b) of this section that no compelling need (as determined under
regulations prescribed by the Authority) exists for the rule or regulation.
(3) Paragraph (2) of the subsection applies to any rule or regulation issued by any
agency or issued by any primary national subdivision of such agency, unless
an exclusive representative represents an appropriate unit including not less
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than a majority of the employees in the issuing agency or primary national
subdivision, as the case may be, to whom the rule or regulation is applicable.
(b) (l) In any case of collective bargaining in which an exclusive representative
alleges that no compelling need exists for any rule or regulation referred to in
subsection (a) (3) of this section which is then in effect and which governs
any matter at issue in such collective bargaining, the Authority shall
determine under paragraph (2) of this subsection, in accordance with
regulations prescribed by the Authority, whether such a compelling need
exists.
(2) For the purpose of this section, a compelling need shall be determined not to
exist for any rule or regulation only if-
(A) the agency, or primary national subdivision, as the case may be,
which issued the rule or regulation informs the Authority in writing
that a compelling need for the rule or regulation does not exist; or
(B) the Authority determines that a compelling need for a rule or
regulation does not exist.
(3) A hearing may be held, in the discretion of the Authority, before a
determination is made under this subsection. If a hearing is held, it shall be
expedited to the extent practicable and shall not include the General Counsel
as a party.
(4) The agency, or primary national subdivision, as the case may be, which
issued the rule or regulation shall be a necessary party at any bearing under
this subsection.
(c) (1) Except in any case to which subsection (b) of this section applies, if an
agency involved in collective bargaining with an exclusive representative
alleges that the duty to bargain in good faith does not extend to any matter,
the exclusive representative may appeal the allegation to the Authority in
accordance with the provisions of this subsection.
(2) The exclusive representative may, on or before the 15th day after the date on
which the agency first makes the allegation referred to in paragraph (1) of
this subsection, institute an appeal under this subsection by-
(A) filing a petition with the Authority; and
(B) furnishing a copy of the petition to the head of the agency.
(3) On or before the 30th day after the date of the receipt by the head of the
agency of the copy of the petition under paragraph (2)(B) of this subsection,
the agency shall-
(A) file with the Authority a statement-
(i) withdrawing the allegation; or
(ii) setting forth in full its reasons supporting the allegation; and
(B) furnish a copy of such statement to the exclusive representative.
(4) On or before the 15th day after the date of the receipt by the exclusive
representative of a copy of a statement under paragraph (3)(B) of this
subsection, the exclusive representative shall file with the Authority its
response to the statement.
(5) A hearing may be held, in the discretion of the Authority, before a
determination is made under this subsection. If a hearing is held, it shall not
include the General Counsel as a party.
(6) The Authority shall expedite proceedings under this subsection to the extent
practicable and shall issue to the exclusive representative and to the agency a
written decision on the allegation and specific reasons therefore at the earliest
practicable date.
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(d) (l) A labor organization which is the exclusive representative of a substantial
number of employees, determined in accordance with criteria prescribed by
the Authority, shall be granted consultation rights by any agency with respect
to any Government-wide rule or regulation issued by the agency effecting
any substantive change in any condition of employment. Such consultation
rights shall terminate when the labor organization no longer meets the
criteria prescribed by the Authority. Any issue relating to a labor
organization's eligibility for, or continuation of, such consultation rights
shall be subject to determination by the Authority.
(2) A labor organization having consultation rights under paragraph (1) of this
subsection shall-
(A) be informed of any substantive change in conditions of employment
proposed by the agency, and
(B) shall be permitted reasonable time to present its views and
recommendations regarding the Changes.
(3) If any views or recommendations are presented under paragraph (2) of this
subsection to an agency by any labor organization-
(A) the agency shall consider the views or recommendations before
taking final action on any matter with respect to which the views or
recommendations are presented; and
(B) the agency shall provide the labor organization a written statement of
the reasons for taking the final action.
7118. Prevention of unfair labor practices (a) (1) If any agency or labor organization is charged by any person with having
engaged in or engaging in an unfair labor practice, the General Counsel shall
investigate the charge and may issue and cause to be served upon the agency
or labor organization a complaint. In any case in which the General Counsel
does not issue a complaint because the charge fails to state an unfair labor
practice, the General Counsel shall provide the person making the charge a
written statement of the reasons for not issuing a complaint.
(2) Any complaint under paragraph (1) of this subsection shall contain a notice--
(A) of the charge;
(B) that a hearing will be held before the Authority (or any member
thereof or before an individual employed by the authority and
designated for such purpose); and
(C) of the time and place fixed for the hearing.
(3) The labor organization or agency involved shall have the right to file an
answer to the original and any amended complaint and to appear in person or
otherwise and give testimony at the time and place fixed in the complaint for
the hearing.
(4) (A) Except as provided in subparagraph (B) of this paragraph, no
complaint shall be issued based on any alleged unfair labor practice
which occurred more than 6 months before the filing of the charge
with the Authority.
(B) If the General Counsel determines that the person filing any charge
was prevented from filing the charge during the 6-month period
referred to in subparagraph (A) of this paragraph by reason of--
(i) any failure of the agency or labor organization against which
the charge is made to perform a duty owed to the person, or
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(ii) any concealment which prevented discovery of the alleged
unfair labor practice during the 6-month period, the General
Counsel may issue a complaint based on the charge if the
charge was filed during the 6-month period beginning on the
day of the discovery by the person of the alleged unfair labor
practice.
(5) The General Counsel may prescribe regulations providing for informal
methods by which the alleged unfair labor practice may be resolved prior to
the issuance of a complaint.
(6) The Authority (or any member thereof or any individual employed by the
Authority and designated for such purpose) shall conduct a hearing on the
complaint not earlier than 5 days after the date on which the complaint is
served. In the discretion of the individual or individuals conducting the
hearing, any person involved may be allowed to intervene in the hearing and
to present testimony. Any such hearing shall, to the extent practicable, be
conducted in accordance with the provisions of subchapter II of chapter 5 of
this title, except that the parties shall not be bound by rules of evidence,
whether statutory, common law, or adopted by a court. A transcript shall be
kept of the hearing. After such a hearing the Authority, in its discretion, may
upon notice receive further evidence or hear argument.
(7) If the Authority (or any member thereof or any individual employed by the
Authority and designated for such purpose) determines after any hearing on a
complaint under paragraph (5) of this subsection that the preponderance of
the evidence received demonstrates that the agency or labor organization
named in the complaint has engaged in or is engaging in an unfair labor
practice, then the individual or individuals conducting the hearing shall state
in writing their findings of fact and shall issue and cause to be served on the
agency or labor organization an order--
(A) to cease and desist from any such unfair labor practice in which the
agency or labor organization is engaged;
(B) requiring the parties to renegotiate a collective bargaining agreement
in accordance with the order of the Authority and requiring that the
agreement, as amended, be given retroactive effect;
(C) requiring reinstatement of an employee with backpay in accordance
with section 5596 of this title; or
(D) Including any combination of the actions described in subparagraphs
(A) through (C) of this paragraph or such other action as will carry
out the purpose of this chapter. If any such order requires
reinstatement of an employee with backpay, backpay may be
required of the agency (as provided in section 5596 of this title) or of
the labor organization, as the case may be, which is found to have
engaged in the unfair labor practice involved.
(8) If the individual or individuals conducting the hearing determine that the
preponderance of the evidence received fails to demonstrate that the agency
or labor organization named in the complaint has engaged in or is engaging
in an unfair labor practice, the individual or individuals shall state in writing
their findings of fact and shall issue an order dismissing the complaint.
(b) In connection with any matter before the Authority in any proceeding under
this section, the Authority may request, in accordance with the provisions of
section 7105(i) of this title, from the Director of the Office of Personnel
Management an advisory opinion concerning the proper interpretation of
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rules, regulations, or other policy directives issued by the Office of Personnel
Management.
7121. Grievance procedures (a) (1) Except as provided in paragraph (2) of this subsection, any collective
bargaining agreement shall provide procedures for the settlement of
grievances, including questions of arbitrability. Except as provided in
subsections (d), (e), and (g) of this section the procedures shall be the
exclusive administrative procedures for resolving grievances which fall
within its coverage.
(2) Any collective bargaining agreement may exclude any matter from the
application of the grievance procedures which are provided for in the
agreement.
(b) (1) Any negotiated grievance procedure referred to in subsection (a) of this
section shall--
(A) be fair and simple,
(B) provide for expeditious processing, and
(C) include procedures that--
(i) assure an exclusive representative the right, in its own behalf
or on behalf of any employee in the unit represented by the
exclusive representative, to present and process grievances;
(ii) assure such an employee the right to present a grievance on
the employee's behalf, and assure the exclusive
representative the right to be present during the grievance
proceeding; and
(iii) provide that any grievance not satisfactorily settled under
the negotiated grievance procedure shall be subject to
binding arbitration which may be invoked by either the
exclusive representative or the agency.
(2) (A) The provisions of a negotiated grievance procedure providing for
binding arbitration in accordance with paragraph (1)(C)(iii) shall, if
or to the extent that an alleged prohibited personnel practice is
involved, allow the arbitrator to order--
(i) a stay of any personnel action in a manner similar to the
manner described in section 1221(c) with respect to the
Merit Systems Protection Board; and
(ii) the taking, by an agency, of any disciplinary action
identified under section 1215(a)(3) that is otherwise within
the authority of such agency to take.
(B) Any employee who is the subject of any disciplinary action ordered
under subparagraph (A)(ii) may appeal such action to the same
extent and in the same manner as if the agency had taken the
disciplinary action absent arbitration.
(c) The preceding subsections of this section shall not apply with respect to any
grievance concerning-
(1) any claimed violation of subchapter III of chapter 73 of this title (relating to
prohibited political activities);
(2) retirement, life insurance, or health insurance;
(3) a suspension or removal under section 7532 of this title;
(4) any examination, certification, or appointment; or
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(5) the classification of any position which does not result in the reduction in
grade or pay of an employee.
(d) An aggrieved employee affected by a prohibited personnel practice under section
2302(b)(1) of this title which also falls under the coverage of the negotiated
grievance procedure may raise the matter under a statutory procedure or the
negotiated procedure, but not both. An employee shall be deemed to have exercised
his option under this subsection to raise the matter under either a statutory procedure
or the negotiated procedure at such time as the employee timely initiates an action
under the applicable statutory procedure or timely files a grievance in writing, in
accordance with the provisions of the parties' negotiated procedure, whichever event
occurs first. Selection of the negotiated procedure in no manner prejudices the right
of an aggrieved employee to request the Merit Systems Protection Board to review
the final decision pursuant to section 7702 of this title 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 Equal Employment Opportunity Commission.
(e) (1) Matters covered under sections 4303 and 7512 of this title which also fall
within the coverage of the negotiated grievance procedure may, in the
discretion of the aggrieved employee, be raised either under the appellate
procedures of section 7701 of this title or under the negotiated grievance
procedure, but not both. Similar matters which arise under other personnel
systems applicable to employees covered by this chapter may, in the
discretion of the aggrieved employee, be raised either under the appellate
procedures, if any, applicable to those matters, or under the negotiated
grievance procedure, but not both. An employee shall be deemed to have
exercised his option under this subsection to raise a matter either under the
applicable appellate procedures or under the negotiated grievance procedure
at such time as the employee timely files a notice of appeal under the
applicable appellate procedures or timely files a grievance in writing in
accordance with the provisions of the parties' negotiated grievance
procedure, whichever event occurs first.
(2) In matters covered under sections 4303 and 7512 of this title which have
been raised under the negotiated grievance procedure in accordance with this
section, an arbitrator shall be governed by section 7701(c)(1) of this title, as
applicable.
(f) In matters covered under sections 4303 and 7512 of this title which have been raised
under the negotiated grievance procedure in accordance with this section, section
7703 of this title pertaining to judicial review shall apply to the award of an arbitrator
in the same manner and under the same conditions as if the matter had been decided
by the Board. In matters similar to those covered under sections 4303 and 7512 of
this title which arise under other personnel systems and which an aggrieved
employee has raised under the negotiated grievance procedure, judicial review of an
arbitrator's award may be obtained in the same manner and on the same basis as
could be obtained of a final decision in such matters raised under applicable appellate
procedures.
(g) (1) This subsection applies with respect to a prohibited personnel practice other
than a prohibited personnel practice to which subsection (d) applies.
(2) An aggrieved employee affected by a prohibited personnel practice described
in paragraph (1) may elect not more than one of the remedies described in
paragraph (3) with respect thereto. For purposes of the preceding sentence, a
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determination as to whether a particular remedy has been elected shall be
made as set forth under paragraph (4).
(3) The remedies described in this paragraph are as follows:
(A) An appeal to the Merit Systems Protection Board under section 7701.
(B) A negotiated grievance procedure under this section.
(C) Procedures for seeking corrective action under subchapters II and III
of chapter 12.
(4) For the purpose of this subsection, a person shall be considered to have
elected--
(A) the remedy described in paragraph(3)(A) if such person has timely
filed a notice of appeal under the applicable appellate procedures;
(B) the remedy described in paragraph(3)(B) if such person has timely
filed a grievance in writing, in accordance with the provisions of the
parties' negotiated procedure; or
(C) the remedy described in paragraph (3)(C) if such person has sought
corrective action from the Office of Special Counsel by making an
allegation under section 1214(a)(1).
(h) Settlements and awards under this chapter shall be subject to the limitations in
section 5596(b)(4) of this title.
7131. Official time (a) Any employee representing an exclusive representative in the negotiation of a
collective bargaining agreement under this chapter shall be authorized official tune
for such purposes, including attendance at impasse proceeding, during the time the
employee otherwise would be in a duty status, The number of employees for whom
official time is authorized under this subsection shall not exceed the number of
individuals designated as representing the agency for such purposes.
(b) Any activities performed by any employee relating to the internal business of a labor
organization (including the solicitation of membership, elections of labor
organization officials, and collection of dues) shall be performed during the time the
employee is in a non-duty status.
(c) Except as provided in subsection (a) of this section, the Authority shall determine
whether any employee participating for, or on behalf of, a labor organization in any
phase of proceedings before the Authority shall be authorized official time for such
purpose during the time the employee otherwise would be in a duty status.
(d) Except as provided in the preceding subsections of this section--
(1) any employee representing an exclusive representative, or
(2) in connection with any other matter covered by this chapter, any employee in
an appropriate unit represented by an exclusive representative, shall be
granted official time in any amount the agency and the exclusive
representative involved agree to be reasonable, necessary, and in the public
interest.
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APPENDIX “K”
THE WEINGARTEN RIGHT
5 USC 7114(2)(B)
(2) An exclusive representative of an appropriate unit in an agency shall be
given the opportunity to be represented at –
(B) any examination of an employee in the unit by a representative of the
agency in connection with an investigation if –
(i) the employee reasonably believes that the examination may
result in disciplinary action against the employee ; and
(ii) the employee requests representation.
