COLLECTIVE BARGAINING AGREEMENT

Article Page

PREAMBLE 1

I DEFINITIONS 3

II RECOGNITION AND UNIT DESIGNATION 5

III MANAGEMENT RIGHTS AND RESPONSIBILITIES 6

IV EMPLOYEE RIGHTS AND RESPONSIBILITIES 7

V UNION RIGHTS AND REPRESENTATION RESPONSIBILITIES 9

VI DUTY TO BARGAIN AND SCOPE 14

VII REGULATION CHANGES 16

VIII DISCIPLINARY AND ADVERSE ACTIONS 17

IX ALTERNATIVE DISPUTE RESOLUTION 18

X GRIEVANCE PROCEDURE 19

XI ARBITRATION 24

XII EQUAL EMPLOYMENT OPPORTUNITY 26

XIII PRODUCTIVITY 27

XIV POSITION DESCRIPTIONS 28

XV STAFF DUTY OFFICIER AND ON CALL DUTY OFFICER 29

XVI HEALTH AND SAFETY 31

XVII INCENTIVE AWARDS 32

XVIII TRAINING 33

XIX LEAVE 34

XX EXTENSION OF OVERSEAS EMPLOYMENT 36

XXI MOBILIZATION AND EMERGENCIES 37

XXII OFFICIAL FACILITIES AND SERVICES 38

XXIII ORIENTATION OF NEW EMPLOYEES 39

XXIV PUBLIC RELATIONS 40

XXV UNION DUES, VOLUNTARY ALLOTMENT OF 41

XXVI PAYMENT OF FUNDS 43

XXVII PREVIOUS AGREEMENTS 44

XXVIII DURATION OF AGREEMENT 45

APENDIX A PARTNERSHIP AGREEMENT 47

PREAMBLE: Section 1. A. Pursuant to the policy set forth by Title 5 United States Code Chapter 71 regarding Federal Service Labor-Management Relations and EO 12391, the following Articles of this basic AGREEMENT, together with any and all supplemental agreements and/or amendments which may be agreed to at later dates, constitute the total AGREEMENT by and between United States Forces Korea/Eighth United States Army (USFK/EUSA), and the Joint US Military Affairs Group-Korea, (hereafter referred to collectively as the employer) and the National Federation of Federal Employees, Local 1363 (hereafter referred to as the union), for the employees in the Units described below (hereafter referred to as the employees).

b. This AGREEMENT is entered into pursuant to the Certificate of Representation, dated may 1980 for bargaining Units identified in Article II of this AGREEMENT.

c. Collectively, hereafter the employer and the union are called the PARTIES.

Section 2. WHEREAS, Congress holds that 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 –

(1) Safeguards the public interest;

(2) Contributes to the effective conduct of public business;

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

Section 3. WHEREAS, the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the government; and

Section 4. WHEREAS, Congress therefore holds that labor organizations and collective bargaining in the civil service are in the public interest.

Section 5. AND WHEREAS, in the administration of all matters covered by this AGREEMENT, the PARTIES are governed by:

a. Existing or future laws;

b. Published agency, primary national subdivision and government-wide policies and regulations in existence at the time the AGREEMENT was approved; and

c. Subsequently published agency; primary national subdivision or government-wide policies and regulations which are required by law.

Section 6. THEREFORE, the PARTIES, intending to be bound hereby, agree as follows.

ARTICLE I

DEFINITIONS: The following definitions of terms used in this AGREEMENT shall apply.

1. ACTIVITY. Employer.

2. ACTIVITY HEAD. The Commander-in-Chief, UNC/CFC/USFK/EUSA.

3. AGENCY. Department of Defense.

4. AMENDMENTS. Modifications of the basic AGREEMENT to add, delete, or change portions, sections, or articles of the AGREEMENT.

5. DECIDING OFFICIAL. Depending upon the nature of the grievance, either –

a. The first person in the management chain with the authority to resolve the employee’s grievance; or

b. The second-line supervisor of the employee.

6. Employee. An employee of the employer in a bargaining unit represented on by Local 1363 National Federation of Federal Employee (NFFE).

7. EMPLOYER. USFK or any of its immediate subordinate units or tenant activities with employees.

8. FINAL DECIDING OFFICIAL. The supervisor of the Deciding Official, provided, however, that the Final Deciding Official must be assigned to the Activity.

9. HE, HIS, or HIM. Refers to both male and female persons. The use of the male pronoun is simply a convenience of grammar.

10. PRIMARY NATIONAL SUBDIVISION. Department of the Army, Department of the Navy, or Department of the Air Force.

11. STATUTE. The Federal Service Labor-Management Relations Statute (Title VII of the Civil Service Reform Act of 1978).

12. SUPERVISOR. An individual employed by the Activity having authority in the interest of the Activity 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. Individuals who exercise this authority only over military and foreign nationals are excluded.

13. SUPERVISORY POSITION. A position which requires the incumbent to perform as a Supervisor.

14. SUPPLEMENT. Additional articles, negotiated during the term of the basic AGREEMENT, to cover matters not adequately covered by the basic AGREEMENT.

15. UNION OFFICIAL AND/OR UNION REPRESENTATIVE. The duly elected or appointed officials of Local 1363 NFFE, including Stewards.

16. UNIT. Any bargaining Unit represented by Local 1363 NFFE, as specified in Article II of this AGREEMENT.

17. US-ROK SOFA or SOFA. The United States-Republic of Korea Status of Forces Agreement (SOFA) under Articles IV of the US-ROK Mutual Defense Treaty of 1 October 1953.

ARTICLE II

RECOGNITION AND UNIT DESIGNATION: Section 1. Recognition. The employer recognizes that the union is the Exclusive Representative of all employees in the Units described in Section 2 below.

Section 2. Units.

a. Army Nonprofessional Employees.

(1) INCLUDED: Career and career-conditional nonprofessional employees of the Department of the Army in the Republic of Korea.

(2) EXCLUDED: Professional employees, supervisors, management officials, employees engaged in personnel work in other than a purely clerical capacity, confidential employees, employees of JUSMAG-K, the Nonappropriated Funds (NAF), the U.S. Army Audit Agency, the U.S. Army Logistics Assistance Office-Korea, the Criminal Investigation Division, and 501^st Military Intelligence Group.

b. Army Professional Employees.

(1) INCLUDED: Career and career-conditional professional employees of the Department of the Army in the Republic of Korea.

(2) EXCLUDED: NonProfessional employees, supervisors, management officials, employees engaged in personnel work in other than a purely clerical capacity, confidential employees, employees of Joint United States Military Affairs Group, Korea (JUSMG-K), the Nonappropriated Funds (NAF), the U.S. Army Audit Agency, the U.S. Army Logistics Assistance Office-Korea, the Criminal Investigation Division, and 501^st Military Intelligence Group.

c. JUSMAG-K Nonprofessional employees.

(1) INCLUDED: Career and Career-conditional, nonprofessional employees of JUSMAG-K in the Republic of Korea.

(2) EXCLUDED: Professional employees, supervisors, management officials, employees engaged in personnel work in other than a purely clerical capacity, and confidential employees.

ARTICLE III

MANAGEMENT RIGHTS AND RESPONSIBILITIES: Section 1. The employer retains the right –

a. To determine the mission, budget, organization, number of employees, and internal security practices of the employer;

b. In accordance with applicable laws: --

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

(2) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which the employer’s operations shall be conducted;

(3) with respect to filling positions, to make selections for appointments from among properly ranked and certified candidates for promotion or from any other appropriate source; and

(4) to take whatever actions may be necessary to carry out the employer’s mission in situations of emergency.

Section 2. The requirements of this Article shall apply to all supplemental, implementing, subsidiary, or informal agreements between the employer and union.

Section 3. The right to bargain over the impact of any decision involving a retained right shall not bar the employer’s exercise of that right when prompt action is required by the employer.

Section 4. It is understood that the employer’s decisions and actions in connection with filling supervisory and other non-unit positions is not a condition of employment within the meaning of 5 USC 7103(a)(12). It is also understood that the qualifications, level of expertise in exercising the responsibilities, and the treatment of the incumbents of such positions are not bargainable.

Section 5. The exercise of Management’s rights does not abrogate the union’s right to negotiate: (a) procedures that Management Officials of the Agency will observe in exercising any authority under this Article; b) appropriate arrangements for employees adversely affected by the exercise of any authority under section 7106 (b) or Chapter 71, Title 5 of the US Code by such Management Officials: nor does it affect grievance rights as established by Article X.

ARTICLE IV

Employee RIGHTS AND RESPONSIBILITIES: Section 1. Employees in the bargaining Unit shall be protected in the exercise of their right, freely and without fear of penalty or reprisal, to form, join, and assist an employee organization, or to refrain from joining or assisting such activity. This AGREEMENT does not prevent any employee from choosing his own representative in an MSPB appeal action. Regardless of membership in the union, employees in the bargaining Unit are entitled to representation by the union in matters covered by this AGREEMENT, if they request it.

Section 2. An employee has the right and is encouraged to bring matters of personal concern directly to the attention of the immediate supervisor or other appropriate officials of the employer. An employee also has the right to exercise grievance or appellate rights established by law or this AGREEMENT. An employee has the right to choose his own representative in an appellate action at the employee’s own expense.

Section 3. It is the obligation of the employer and the union to inform employees relative to their rights under this AGREEMENT. The employer shall independently take such action consistent with laws or regulations, as they may require, in order to inform employees of their rights and obligations, as prescribed in the Civil Service Reform Act of 1978 and this Article.

Section 4. An employee is accountable for the performance of assigned duties and compliance with appropriate military department standards of conduct for Federal employees.

Section 5. a. If an employee has a disagreement concerning direct orders, policies, regulations, or a work assignment, he will carry out such disputed work assignments before resorting to the negotiated grievance procedure.

b. When an employee wants to see his union representative during working hours, that employee shall notify his immediate supervisor that he wishes to see the union representative. The supervisor shall promptly notify the union representative’s supervisor and request that the union representative be made available. If circumstances prevent permission to depart the work site at that time, the employee will be informed when such permission shall be granted. Contacts between employees and union representatives will normally take place in the immediate vicinity of the employee’s assigned work area.

Section 6. No employee will be discriminated against by either the employer or the union because of race, color, creed, religion, sex, national origin, age, marital status, physical handicap, or lawful political affiliation.

Section 7. Employees shall not engage in any activity, as members, officers, or representatives of the union, which are in conflict with their official responsibilities as Federal employees.

Section 8. Employees will not engage in, or involve co-workers in, private business or profit-making endeavors while on official duty time.

Section 9. While on duty, employees will comply with work rules and conduct themselves in a courteous manner.

ARTICLE V

UNION RIGHTS AND REPRESENTATION RESPONSIBILITIES: Section 1. The union is the Exclusive Representative of the employees and is entitled to act for, and negotiate collective bargaining agreements covering all employees. The union is responsible for representing the interests of all employees it represents, without discrimination and without regard to labor organization membership.

Section 2. The employer will recognize the duly elected local officers and officials/representatives designated by the union, including Stewards. The union will supply the employer in writing, and will maintain on a current basis, a list of the union officers and officials, including the Stewards’ areas of representation. The union may post the list of Local 1363 officers, officials, and/or Stewards on official bulletin boards as provided for in Article XXII Section 6.

Section 3. The union will be officially notified and provided an opportunity to be represented at all formal discussions between the employer and employees in the Unit as provided by law.

a. The union shall be given an opportunity to be represented at formal discussions between the employer and employees concerning grievances, personnel policies and practices, or other matters affecting working conditions of employees in the Unit. The appropriate employer representative will, if possible, notify the counterpart union representative at least six working hours before such formal discussion is held. The employer agrees to provide official time to union Representatives for such representational activities with those restrictions outlined in sections 5 and 7 of this Article. If a union representative is not available immediately, the employer will reschedule the meeting at a mutually agreeable time normally not to exceed 7 calendar days from date of request.

b. A union’s right to be present does not extend to –

(1) informal discussions between an employee and a supervisor;

(2) discussions between the employer and employees regarding matters included in Article III, Management Rights; and

(3) appraisals/ratings, personal matters, or counseling by supervisor concerning employees’ work, conduct, etc., unless provided for in this AGREEMENT.

Section 4. Where possible, the union will designate Stewards in the various organizations and/or geographic areas (camp, post, etc) having employees in the Unit.

Section 5. a. The employer will grant a block of 520 hours of official time during the first year of this agreement and 752 hours during the second, third and subsequent years of the agreement. The partnership council may address the need for additional hours, either informally or as a reopener to this agreement, as necessary.

b. UBT must be used in accordance with the following provisions:

(1) UBT may be used at any time during the fiscal year.

(2) UBT may not be carried over into the subsequent year.

(3) All use of UBT must be in accordance with all other applicable provisions of this AGREEMENT.

(4) Overtime will not be authorized for union officials or representatives while utilizing official time.

(5) Management will pay transportation expenses only to designated union officials who are employees and who are performing representational functions as specified in the Agreement. Travel and per diem will be paid to designated union officials who are employees and who are performing training, negotiating, and/or partnership functions as specified in the Agreement provided that the duty status is greater than 12 hours. Management will pay transportation expenses to designated union officials who are employees and who are performing training, negotiations, or partnership functions as specified in the agreement when the duty is less than 12 hours.

(6) Union representatives and their managers are expected to communicate with each other regarding the use of official time including approximate number of hours needed. Normally this will not exceed 20 hours per week. Management will provide guidance to Managers of union Officials and union Stewards concerning official time.

(7) UBT will be limited to the activities listed in paragraph e. below.

(8) Only bargaining unit members may use UBT.

c. In the event no official time remains in the UBT account during the year, additional UBT may be requested by the union from the Assistant Chief of Staff (ACofS), G-1, Civilian Personnel Division (CPD).

d. When, in the performance of representative or Steward duties, it is necessary for the union representative to leave the work site during working hours, that union representative will advise his supervisor of the nature of the business, as discussed below, and request permission to depart the work site. The union representative will

report to the immediate supervisor of the employee he is to visit upon entering the

work site, and report back to his own supervisor at the conclusion of this business. Normally such permission will be granted, workload and manpower requirements permitting.

e. 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. The employer will grant official time to perform the following representational functions:

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

(2) Perform general representational and contract administration functions.

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

(4) Handle administrative complaints of unit employees such as before the FLRA, MSPB, EEOC, GAO, etc.

(5) Prepare for negotiations.

(6) Conduct negotiations.

(7) Prepare labor relations related reports required by statute, regulation or management directive.

(8) Contact other union officers regarding aforementioned functions.

(9) Participation in Partnership Council meetings and initiatives.

(10) Visit, phone, and write to elected representatives in support of or opposition to pending or desired legislation that would affect working conditions of bargaining unit employees in accordance with conditions set forth in law and regulation.

f. It is agreed that activities concerned with the internal management of the union, and activities not specifically authorized by the terms of this AGREEMENT, shall be performed only during the non-duty hours of the union representatives and employees concerned.

g. Reporting Procedures.

(1) Requests for use of official time will be made by way of submission of an official time request/report (OTR) to the union representative’s supervisor. The OTR must be approved by the individual’s supervisor prior to departing the worksite. Supervisors will normally permit departure unless doing so will unduly disrupt work.

(2) Such official time should be shown on the time and attendance report as “administrative leave” time. Such time may be taken, and may be reported, in increments of 30 minutes.

USFK/EUSA

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