A G R E E M E N T

AG R E E M E N T

between

National Federation of Federal Employees (NFFE)

Local 2097

and

Aviation System Standards

Flight Inspection Maintenance Division

(AVN-300)

located

Oklahoma City, Oklahoma

and

Atlantic City, New Jersey

TABLE OF CONTENTS

Article Title

Preamble

              1.    Recognition and Coverage
              2.    Rights of Employees
              3.    Management Rights
              4.    Communication and Labor - Management Cooperation
              5.    Grievance Procedure
              6.    Arbitration
              7.    Use of Official Facilities
              8.    Union Representation and Official Time
              9.    Dues Withholding
            10.    Bargaining During the Term of the Agreement
            11.    Hours of Work
            12.    Leave Without Pay (LWOP)
            13.    Excused Absence for Union Sponsored Training
            14.    Annual Leave
            15.    Sick Leave
            16.    Leave for Special Circumstances
            17.    Premium Pay
            18.    Position Descriptions
            19.    Requests for Reassignment
            20.    Promotions
            21.    Temporary Promotions, Details, Loans, and Reassignments
            22.    Performance Appraisals
            23.    Training and Development
            24.    Equal Employment Opportunity
            25.    Travel - TDY
            26.    Aircraft Support Trips
            27.    Commercial Activity
            28.    Occupational Safety and Health
            29.    Smoking
            30.    Employees Right to Privacy
            31.    Testing for Illegal Drugs and Alcohol - Employees Assistance
                       Program
            32.    Disciplinary and Adverse Actions
            33.    Reduction in Force (RIF)
            34.    Furloughs for Less Than Thirty (30) Days
            35.    Participation in Wage Surveys
            36.    Quality Initiative
            37.    Partnership Principles
            38.    Effective Date and Duration

_______________________________________________________

PREAMBLE

Pursuant to the finding of Congress in Chapter 71 of Title 5 of the U.S. Code that labor organizations and collective bargaining in the Civil Service are in the public interest, the following Articles constitute an agreement between the Aviation System Standards, Flight Inspection Maintenance Division (AVN-300), located in Oklahoma City, Oklahoma, and Atlantic City, New Jersey, hereinafter referred to as the Employer, and the National Federation of Federal Employees (NFFE), Local 2097, hereinafter referred to as the Union. The Employer and the Union will be collectively referred to as the Parties.

ARTICLE 1
RECOGNITION AND COVERAGE

SECTION 1. The Employer hereby recognizes the Union as the exclusive bargaining representative in the unit consisting of all nonprofessional employees of the AVN Flight Inspection Maintenance Division (AVN-300), located at the Mike Monroney Aeronautical Center in Oklahoma City, Oklahoma, and the Federal Aviation Administration (FAA) Line Station Maintenance Branch located in Atlantic City, New Jersey. Other employees of the AVN Flight Inspection Maintenance Division (AVN-300), for whom the Union may be certified as the exclusive representative shall be covered by this Agreement.

SECTION 2. Excluded from the unit defined in Section 1 of this Article are professional employees, confidential employees, management officials, supervisors, and employees engaged in Federal personnel work in other than a purely clerical capacity described in Title 5, U.S. Code (USC) 7112(b)(2)(3)(4)(6) and (7).

ARTICLE 2
RIGHTS OF EMPLOYEES

SECTION 1. It is agreed that 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 Article, such right includes the right:

a. To act for a labor organization in the capacity of a representative and the right in that capacity, to present the view of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities; and,

b. To engage in collective bargaining with respect to conditions of employment through representatives chosen by employees.

SECTION 2. The Parties recognize the rights of employees described in Chapter 71, Title 5 USC, and this Article, and agree that no interference, restraint, coercion, or discrimination will be practiced to encourage or discourage membership in a labor organization. This Article does not authorize participation in the management of a labor organization or acting as a representative of a labor organization by a management official, a supervisor, or a confidential employee, except as specifically provided in Chapter 7 1, Title 5 USC, or by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee.

ARTICLE 3
MANAGEMENT RIGHTS

SECTION 1. (a) Subject to Sub Section (b) of this Article, nothing in this agreement shall affect the authority of any management official of the FAA-

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

(2) In accordance with applicable laws-

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

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

(C) With respect to filling positions, to make selections for appointments from --

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

(ii) Any other appropriate source; and

(D) To take whatever actions may be necessary to carry out the agency's mission during emergencies.

(b) Nothing in this Article 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.

SECTION 2. The Employer agrees to conform to the spirit and intent of merit system principles, avoiding any preferential or derogatory treatment of individual employees based on personal relationships and will not exercise management rights in an arbitrary and capricious manner.

ARTICLE 4
COMMUNICATION AND
LABOR-MANAGEMENT COOPERATION

SECTION 1. Upon request of either party, the Union President and First Vice-President or designee(s) shall meet with the Manager and Assistant Manager of AVN-300, or designee(s), by arrangement and mutual agreement between the Parties. The President of Local 2097 will normally be the point of contact for communication. Either party will designate in writing to the other, within ten (10) working days, when there is a change in the name of the person who will serve as its point of contact for the scheduling of meetings to discuss matters of mutual interest.

a. It shall be the responsibility of the party requesting the meeting to identify, at the time of request, major items it wishes to discuss. Such contact may be made in writing or by telephone whichever method is agreeable and scheduled at convenient times and places agreed to by the parties.

b. Meetings between the Parties will be conducted during the basic tour of duty of AVN-300 management and Union representatives. The number of Union representatives who will be granted official time to participate in such meetings, if otherwise in a duty status, shall be equal to the number of AVN Supervisors or Managers participating; in no event shall such number be less than two.

c. It shall be the responsibility of the management official contacted to inform the Union of the identity and number of persons in addition to the management persons mentioned in Section 1 of this Article who will attend and their purpose for attendance.

d. The Union will be allowed to name additional representatives to attend the meeting if more than two management officials from AVN-300 are to attend.

SECTION 2. Meetings between Union representatives and management officials below Division level will be scheduled on an informal basis at agreed to times and places.

SECTION 3. The Employer will, upon request of the President of Local 2097 or a designee, furnish the Union with a current list of the names, position titles, grades, and organizations, of employees in AVN-300. These requests may be made on a quarterly basis but no more than five times a year.

SECTION 4. The Employer and the Union recognize that local and national health, welfare, and emergency relief organizations depend upon voluntary contributions for successfully achieving their objectives. The Parties agree that employees should be encouraged to participate in authorized charity drives. However, in no case, shall the Employer or the Union coerce any employee to contribute unwillingly to any charity.

SECTION 5. The Employer will inform each unit employee that NFFE Local 2097 is the exclusive representative. The Union representative will be provided up to twenty (20) minutes during orientations for new unit employees to explain the role and responsibilities of the Union. This time may be extended upon mutual agreement and necessity. The Management representative will leave during the Union orientation phase. The Union representative shall be allowed official time for this presentation and will be notified in advance of orientation times and places. The President of Local 2097 or a designee will be the person notified who will name the Union representative to attend the orientation meeting.

SECTION 6. The Employer will provide to individual employees, upon request, a copy of the NFFE Health Benefit brochure during open season.

SECTION 7. The Employer shall print and distribute copies of the negotiated agreement in booklet form to insure every employee in the bargaining unit will have a copy. A sufficient number of copies shall be printed to include distribution to new employees as hired, and to supply the Union with no less than 65 copies. The cost of printing and distribution shall be borne by the employer.

SECTION 8. The Union will attempt to promote faithful and efficient work performance by employees within the bargaining unit. The Employer agrees to treat all employees in the bargaining unit in a fair and equitable manner, avoid discrimination and conduct their operations in a manner which will show proper regard for the dignity of these employees.

SECTION 9. The Parties agree that communication and cooperation are inherent to good Labor-Management Relations and to that end will strive to maintain this spirit. The Parties also recognize the importance of building a constructive bilateral relationship which will aid in the achievement of the mission of the FAA and are committed to a positive problem-solving approach and the use of the negotiation process to achieve the effective conduct of public business and the well-being of employees.

ARTICLE 5
GRIEVANCE PROCEDURE

SECTION 1. The purpose of this Article is to provide a procedure for the timely consideration and resolution of grievances.

SECTION 2. A grievance shall be defined as any complaint:

a. By a unit employee concerning any matter relating to the employment of the employee.

b. By the Union concerning any matter relating to the employment of a unit employee.

c. By a unit employee, the Union, or the Employer concerning;

(1) The effect or interpretation, or a claim of breach of this Agreement;

(2) Any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation.

SECTION 3. Scope and Exclusiveness of Grievance Procedure.

a. This Article shall constitute the sole and exclusive procedure available to 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 working conditions, or any matter involving the interpretation and application of policies, regulations, and practices of the Employer subject to the following exclusions under 5 USC 7121 (c):

(1) Any claimed violation of 5 USC 7321 relating to prohibited political activities.

(2) Retirement, life insurance, or health insurance.

(3) Suspension or removal in the interest of national security under 5 USC 7532.

(4) Any examination, certification, or appointment.

(5) The classification of any position which does not result in the reduction in grade or pay of an employee.

b. A grievance may be filed regarding the interpretation and application of policies, regulations, and practices of the Employer; any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment subject to the control of the Employer; or the effect or interpretation, or a claim of breach or violation of this Agreement.

SECTION 4. Policy of Settlement and Protection from Reprisal. The Employer and the Union agree that every effort will be made by management and the aggrieved to settle grievances at the lowest possible level. Inasmuch as dissatisfactions 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.

SECTION 5. Right to Information and Testimony of Witnesses:

a. An employee and/or his/her representative in a grievance action will have access to all material pertinent to the grievance. The Employer will upon request of the employee or his/her Union representative provide information from official records, including extracts or copies of such records which may pertain to the grievance. Should a representative request to view an employee's personnel record, the Employer may require written authorization from the employee. Written authorization is not required for 5 USC 7114 requests.

b. If the Employer interviews bargaining unit employee witnesses, the Union shall be afforded the opportunity to be represented at the interviews.

SECTION 6. Extension of Time Limits. 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 President of Local 2097 or a designated representative, and the Manager of AVN-300 or a designated representative. Failure to respond or meet will permit the grievance to be settled pursuant to the requirement of Section 14 of this Article if time limits are missed.

SECTION 7. Disputes of Grievability or Arbitrability. The Employer agrees to furnish the Union a final written decision concerning the non-grievability or non-arbitrability of a grievance, within the time limits provided for the written decision in Step 3 of this procedure. If the grievance is alleged to be subject to statutory appeal procedures the decision shall expressly state this claim. All disputes of grievability or arbitrability shall be referred to the arbitrator. The arbitrator shall have the authority to make all grievability, arbitrability, and all threshold issue determinations. If the arbitrator determines the issue is grievable or arbitrable, the arbitrator will hear the merits of the grievance. Upon mutual agreement of the parties, threshold issues may be submitted to the arbitrator by brief, and decided, prior to a hearing on the merits of the underlying grievance(s).

SECTION 8. Union Rights in a Nonunion Represented Grievance. If a unit employee presents a grievance directly to the Employer without Union representation, Local 2097 shall be given the opportunity to be represented at any discussion of the grievance. The Union representative shall be in duty status. The Employer shall provide a copy of the grievance to the Union.

SECTION 9. Limit to Individual Presentation. The right of individual presentation does not extend beyond Step 3 of this procedure and does not include the right to take the matter to arbitration.

SECTION 10. Impartiality and Objectivity of Decision. If the deciding official is the respondent in the grievance or has made a decision during a prior step, the deciding official should refer the grievance to a higher administrative level in AVN to preclude prejudice in his/her decision. The designated official to whom the grievance is referred for resolution must not be the official who took the action or who was involved in an attempt to previously resolve the complaint.

SECTION 11. Grievance Procedure. The following procedures shall be exclusively used for the submission of employee grievances to the Employer under this Article. Grievances which allege coercion, reprisal, or retaliation for filing a grievance may be filed at Step 3 of this grievance procedure.

Step 1. An aggrieved employee or Union desiring to file a grievance concerning any matter covered by this Article which occurs while the grievant is a member of the bargaining unit, shall seek resolution of the grievance from the lowest level supervisor/management official having authority to remedy the grievance within thirty (30) calendar days of the date of the action or reasonable awareness of such action or occurrence. A grievance concerning a continuing practice or condition may be presented at any time. Such employee may request the assistance of a designated Union representative in preparing and presenting the grievance. A grievant and the designated representative will be allowed reasonable and necessary official time, if otherwise in a duty status, in reasonable privacy and in a suitable place provided by the Employer, to discuss, investigate, and prepare the grievance. Grievances will normally be presented in writing. If the first level supervisor determines it is not within his authority to resolve the matter, the supervisor shall make arrangements with the appropriate management official, with requisite authority to accept the grievance. The supervisor will answer the grievance in writing within ten (10) calendar days of the date of the receipt of the grievance or within ten (10) calendar days of the date of the oral presentation, whichever comes later.

Step 2. If the employee or Union is not satisfied with the answer given in Step 1 the employee or his/her Union representative may submit the grievance to the Branch Manager or designee within ten (10) calendar days from receipt of the Step 1 answer. The Branch Manager's or designee's decision shall be in writing and shall be delivered to the employee or designated Union representative within ten (10) calendar days of receipt of the grievance by the Branch Manager or designee.

Step 3. If grievant or Union is not satisfied with the Branch Manager's decision in Step 2, the grievant or Union may submit the grievance in writing to the Division Manager or designee within ten (10) calendar days from receipt of the Step 2 answer. The Division Manager's or designee's decision shall be in writing and delivered not later than ten (10) calendar days of receipt of the grievance by the Division Manager or designee. The decision shall be served on the grievant and the designated Union representative at this time. The grievance response must state the finality of the decision, and any questions or decisions concerning the grievability or arbitrability of the matter in the written document.

SECTION 12. Union or Employer Grievances.

a. In the case of any grievance involving the interpretation or application of this Agreement or violation of law, rule, or regulation affecting conditions of employment which the Union may have against the Employer, or which the Employer may have against the Union, such grievance shall be submitted in writing to the Manager (AVN-300) or a designee, or to the President of Local 2097 or a designee, within thirty (30) calendar days of the event or series of events or reasonable knowledge of the event or events giving rise to the grievance.

b. If the aggrieved party is not satisfied with the decision and/or no settlement has been reached within thirty (30) days from the date of the submission of the grievance, the matter may be submitted to arbitration by either party pursuant to provisions for arbitration in Article 6.

SECTION 13. In the absence of unusual mitigating circumstances, failure of a grievant to proceed with a grievance within any of the time limits specified in this Article shall render the grievance settled on the basis of the last decision given unless an extension of time limits has been agreed upon. Failure of management to render a decision within any of the time limits specified in this Article shall entitle the grievant to progress the grievance to the next step without a decision. Reasonable filing extension requests will be granted.

ARTICLE 6
ARBITRATION

SECTION 1. Selection of Arbitrator.

a. If the Union is not satisfied with the decision at Step 3, the Union President may, within thirty (30) calendar days following receipt of the decision at Step 3 or the day the answer was due, advise the Division Manager in writing that the Union desires that the matter be submitted to an impartial arbitrator.

b. Within five (5) days after the request for arbitration is served, the Union and the Employer shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit a list of seven arbitrators.

c. Within twenty-one (21) calendar days after receipt of the list, representatives of the Union and the Employer shall meet to select an arbitrator from the list. The parties shall alternately strike names from the list until only one name remains. A toss of a coin shall determine which party strikes first.

d. If, for any reason, either party refuses to participate in the selection of an arbitrator, the other party will select an arbitrator from the list of FMCS arbitrators.

SECTION 2. Date and Site of Arbitration. Upon notification through FMCS to the arbitrator of his selection, representatives of the Employer, and the Union shall meet to make arrangements for the hearing on a mutually acceptable date. The parties will schedule the hearing within ten (10) calendar days from the receipt of the selected arbitrator's availability. The hearing will be held on FAA premises in a room appropriate for a hearing. The hearing will be held during normal working hours unless otherwise mutually agreed.

SECTION 3. Proceedings-Arbitrator’s Authority-Award.

a. The arbitrator will confine the hearing to the specific issues in dispute. The arbitrator's authority is limited to deciding only the issue or issues considered in the grievance. If the parties fail to agree on a joint stipulation of the issue for arbitration, then each shall submit a separate stipulation and the arbitrator shall determine the issue or issues to be heard. The arbitrator is empowered to devise an appropriate remedy consistent with the terms of the Agreement and in accordance with applicable law, rule, or regulation, including reasonable attorney fees. Either side reserves the right to argue to the arbitrator what the appropriate remedy should be.

b. The order of proceedings will be determined by the arbitrator.

c. The arbitrator will be requested to render a decision as quickly as possible, but not later than thirty (30) days after the conclusion of the hearing unless the parties mutually agree to extend this time limit. The arbitrator shall submit his decision to the Union and the Division Manager (AVN-300).

d. The arbitrator's award shall be binding on the parties and implemented upon receipt, unless appealed or stayed. Either party may file exception to an award to the FLRA pursuant to 5 USC 7122 of Public Law 95-454.

e. Any dispute over the application or interpretation of an arbitrator's award, including remanded awards, shall be returned to the arbitrator for settlement.

f. The fee and expense of the arbitrator shall be borne by the losing party determined by the decision and award of the arbitrator. If the decision does not substantially favor either party, the expense and fees shall be assessed on a prorated basis based on a percentage determined by the arbitrator.

g. The cost of the court reporter or transcript, where it is mutually agreed by the Parties or where required by the arbitrator, shall be shared equally by the Parties. Absent mutual agreement, either party may unilaterally request that a transcript be prepared but must bear all costs incurred in its preparation. Any party subsequently requesting and receiving a copy of a transcript of an arbitration hearing must pay 50 percent of all costs incurred in the preparation of such transcript.

h. If a cancellation fee is incurred, the party withdrawing from arbitration shall be responsible for the full cost of such cancellation fee unless the withdrawal is by virtue of a written settlement. In the case of a settlement and a cancellation fee is charged, both parties share the fee.

SECTION 4. Official Time for Grievant and Representative: Duty Time for Witnesses: Questioning of Witnesses.

a. The grievant and the Union representative if an employee of the FAA, shall be given official time to present the grievance if otherwise in a duty status.

b. The Employer agrees that witnesses shall be excused from duty to provide testimony in arbitration hearings. The Employer agrees to adjust the schedules of witnesses, to allow them to appear in a duty status. Witnesses shall not suffer loss of pay or charge to leave in order to testify.

c. The parties must exchange written witness lists no later than fourteen (14) calendar days prior to the scheduled date of the hearing. Upon notification either party may have new witnesses to provide new information.

SECTION 5. Expedited Arbitration. The process for expedited arbitration is identical to regular arbitration, except that no transcripts are taken and no post-hearing briefs allowed. The arbitrator will issue a bench decision or abbreviated written award no later than seven (7) calendar days from the date of the hearing. This procedure may be invoked by mutual agreement of the parties on a case by case basis.

ARTICLE 7
USE OF OFFICIAL FACILITIES

SECTION 1. The Employer shall provide suitable space within AVN-300 in Oklahoma City, Oklahoma, and Atlantic City, New Jersey, for periodic meetings during non-duty time upon request when available. The Union shall be responsible for insuring the space is left in the same condition in which it was found.

SECTION 2. The Employer shall furnish the Union suitable office space within AVN-300 in Oklahoma City, which can be locked for security purposes, and which will provide privacy for discussions with employees and the conducting of Union functions. The office space shall be sufficiently large enough to conduct Union business. The Employer shall provide the Union with the use of two locking file cabinets, chairs, a desk, the Federal Personnel Manual, Federal Aviation Regulations, and 4100.24 General Maintenance Manual and TI 4100.27 and appropriate revisions.

SECTION 3. The Employer agrees to request for the Union office a telephone equipped with internal capabilities, outside line, and FTS access for official use. Union representatives shall have reasonable access to other Government telephones for use when necessary in conducting labor-management affairs. The Union agrees to use telephone facilities judiciously and in the public interest. Bargaining unit employees in areas separated from Oklahoma City, such as those in Atlantic City and New Jersey, shall have access to FTS lines to contact Union representatives in Oklahoma City.

SECTION 4. It is agreed the telephone number of the Union Office in AVN-300, the President, First Vice-President, and Chief Steward of NFFE Local 2097, will be published in the next edition of the Mike Monroney Aeronautical Center (MMAC) Telephone Book and subsequent editions.

SECTION 5. The Employer shall provide at least one glass enclosed and lockable bulletin board of not less that 36" x 36" in these areas in Oklahoma City and Atlantic City.

In Oklahoma City, Oklahoma:

a. The first floor of Hangar 8, Hangar 9, and Hangar 10 (a non-enclosed board on the East side of the Hangar floor and an enclosed board in the South hallway Hangar 8 and Hangar 9 East).

b. The engine buildup shop.

c. The second floor break area, the Avionics Unit and Avionics Test Equipment Shop in Hangar 9 - East.

d. The Avionics Shop Unit on the third floor Hangar 9 - East.

e. The second floor Cafeteria Hangar 9 - West.

In Atlantic City, New Jersey, in Building 301:

a. The first floor Hangar area.

b. The first floor Aircraft Shops and the Avionics Shop.

c. FIAO maintenance shop.

for the posting of suitable Union material. It is agreed these bulletin board privileges are the exclusive right of the Union and their use shall not be extended to any other organization without permission of the exclusive representative.

SECTION 6. Union literature and other notices may be placed in designated places in Oklahoma City, Building 301 in Atlantic City, and in lunch rooms and break areas where bargaining unit employees work.

SECTION 7. The internal mail system may be used by the Union for communication with management officials within the agency and with Union officials at Atlantic City on matters concerning labor-management relations.

SECTION 8. The Employer agrees to allow use of and furnish access to available AVN-300 copying machines. Personal computers and associated hardware may be used by those individuals, who in their normal course of business use this equipment. Use of Government equipment must be on official time or nonduty time.

SECTION 9. Eating Facilities for Employees. The Employer agrees to continue to provide eating facilities for its employees. However, if it is determined that existing eating facilities are to be closed, reduced, or relocated, the Union will be notified in advance of implementation. As soon as possible, upon Union request, designated officials of the Employer and the Union shall meet and confer on implementation and procedures used in order to minimize the impact of such action on affected bargaining unit employees. The parties also agree to jointly consider ways to improve quality, service, and costs of food at eating facilities which are under the control of the Employer.

SECTION 10. The Employer will provide adequate unpaid parking for bargaining unit employees. Upon request of the Union, the Employer will review reserved parking on the East side of Duke Avenue which is used by AVN-300 employees. These reviews will not take place more frequently than once per quarter. Such reviews shall be submitted to the Union.

ARTICLE 8
UNION REPRESENTATION AND OFFICIAL TIME

SECTION 1. The Union President will provide the Employer with written designation of Union representatives. The representatives will be designated to serve at large to provide expertise in particular and specialized areas of labor-management functions and to provide representation to employees. The Union will designate representatives for specific negotiation issues, as required.

SECTION 2. The Union will be given the opportunity to be represented at formal discussions between management/supervisor(s) and employee(s) concerning employee grievances and personnel policies and practices, procedures, or other conditions of employment.

SECTION 3. Reasonable amounts of official time will be granted to Union representatives to perform the following functions:

a. Receive and investigate employee complaints.

b. Prepare and present grievances, statutory appeals, and arbitrations.

c. Prepare and present replies to proposed disciplinary/adverse actions.

d. Respond to grievances against the Union.

e. Attend formal discussions and/or examinations.

f. Review and respond to management initiated actions.

g. Prepare proposals for negotiations.

h. Accompany inspectors on safety and health inspections in accordance with Article 28, Occupational Safety and Health.

i. Preparation of reports required by Title 5 USC 7120(c).

j. Perform other appropriate representational duties.

SECTION 4. For official time purposes, the Union is entitled to at least an equal on-the-clock number of representatives as the agency at official discussions with the agency.

SECTION 5. Employees will be granted reasonable time to prepare and present complaints/grievances, including meetings with Union representatives. The representatives will make appropriate arrangements before engaging in representation on duty time.

SECTION 6. An officer or representative of the Union shall notify his/her immediate supervisor and obtain approval prior to leaving his/her work area or work assignment.

SECTION 7. An officer or representative of the Union in requesting permission to perform representational activities on official time shall provide his/her immediate supervisor in writing the following information:

a. Nature of business for which time is requested.

b. General area(s) to be visited.

c. Approximate amount of time required.

d. When the time is to be utilized.

The supervisor will indicate approval, disapproval, or modification on the document, and return it to the representative. Additional time may be approved when justified. If the time is disapproved or modified, the supervisor will state the specific reason for disapproval or modification on the document.

SECTION 8. The Employer shall grant, in the absence of compelling operational requirements, a reasonable amount of official time. In the event that compelling operational requirements preclude the usage of official time, an alternative time shall be provided later that day, the following workday, or as soon as practicable thereafter. The filing deadline for the grievance being processed, will automatically be extended to the number of days the usage of official time is postponed.

SECTION 9. Normally, official time authorized under this agreement shall be spent at the representative's duty location unless otherwise authorized. An officer or representative of the Union who leaves his/her work area in accordance with Sections 6 and 7 above, shall advise the appropriate official of his/her return to the work area whenever feasible.

SECTION 10. The Employer will provide an area for the Union's use to privately discuss an employee grievance, to prepare a reply to a notice of an adverse action, grievance, and/or any other matter relating to the conditions of employment involving representation.

SECTION 11. The Employer will exercise no restraint, interference, coercion, omissions of normally granted employee rights or privileges, or discrimination against a Union representative because of his/her Union duties.

SECTION 12. The Union President or his/her designee shall be provided a total of ten (10) hours of official time per week excluding meetings under Sections 1 and 2, Article 4, to perform appropriate labor-relations functions. Additional time may be negotiated and approved on a case-by-case basis.

SECTION 13. When a Union officer or representative is detailed or temporarily promoted to a supervisory position for one hundred and twenty (120) days or more the Union shall be notified. During this period the individual may not act as a Union representative. The Union may designate another to act during this period.

ARTICLE 9
DUES WITHHOLDING

SECTION 1. This Article constitutes a mutual understanding between the Parties of their respective responsibilities, procedures, requirements, and conditions concerning the withholding and remitting of dues of certain employees who are members of Local 2097 National Federation of Federal Employees, who authorize allotments from their pay for this purpose pursuant, to Title 5 USC 7115(a).

SECTION 2. Any employee who is a member of the unit of exclusive recognition may assign an allotment of pay for the payment of dues to NFFE 2097. Such assignment will be honored provided the employee receives sufficient pay to cover the full amount designated by the authorization.

SECTION 3. The procedural responsibilities of the Parties in processing the authorization shall be as follows:

a. The Union agrees to inform members in the unit of the voluntary nature of assigning an allotment of pay for dues and will instruct employees in the procedure for requesting authorization of the assignment.

b. The Union agrees to acquire and distribute to unit members Form SF-1187 and to receive completed forms from employees who request allotments. A Standard Form 1187 is the only form that may be used for this purpose.

c. The Union President will designate in writing to the Office of Financial Services (AMZ-1) the individuals who are authorized to complete Section A of the SF-1187, if used, and will determine that the forms are properly completed. Certified SF-1187's may be submitted by mail or directly to AMZ-1.

d. A properly completed and certified form will be effective at the beginning of the first full pay period following receipt of the form by the Accounting Division.

e. An assignment which has not been properly completed or properly certified may not be accepted and will be returned to NFFE Local 2097 at its current address by the Accounting Division within ten (10) workdays after receipt by the Accounting Division with notice of the reason why it has not been processed.

f. With the exception of Item 3, items marked with an "X" on the SF-1187 and Section A and B, will be completed with the required information. In the event an SF-1187 is returned to the Union, AMZ-1 will state the reason for its return.

SECTION 4. The frequency of withholding and changes in the amount of dues shall be as follows:

a. Allotted dues will be withheld from the biweekly payrolls. The amount to be withheld shall be the amount of the regular dues of the member as specified on the SF-1187 or equivalent form and governed by Section 4.b. (as follows).

b. If the amount of regular dues is changed by the Union, the President of Local 2097 will notify the Manager, Office of Financial Services, in writing, that the amount of regular dues has changed and will certify the new rate and the effective date of the change. The amended amount will be withheld effective the beginning of the first full pay period following receipt of the instructions from the Union to the Manager, Office of Financial Services (AMZ-1). New authorization forms are not required. Only two changes may be made in any period of twelve (12) consecutive months. However, one additional change may be made to reflect a change in the national assessment.

SECTION 5. An allotment may be terminated effective the first full pay period following the effective date:

a. When this agreement is terminated under conditions prescribed by Chapter 71, Title 5, USC by appropriate authority outside of the Department of Transportation.

b. When the Union gives notification that the employee is no longer a member of the Union.

c. When the Employer correctly determines that the employee is no longer a member of the bargaining unit, i.e., separated from the FAA, permanently promoted, transferred, or reassigned from the unit for which recognition was granted.

d. When an employee requests and submits a properly completed SF-1188 which is received no later than the anniversary date. If a timely request for revocation is not submitted, the authorization will recycle for additional one (1) year periods on each anniversary date. (The anniversary date is the starting date of the first full pay period for which dues were deducted from the employee's pay.) Upon receipt of an SF-1188, Office of Financial Services (AMZ-1) shall refer to the remittance listing and determine the anniversary date of the allotment. The beginning date of the first full pay period after the anniversary date occurs will be entered in Item 6 on the SF-1188. Copy 2 of the SF-1188 will promptly be provided to the Union for confirmation of the anniversary date entered by the Accounting Division. All such notifications, including Copy 2 of the SF-1188, will be forwarded to NFFE Local 2097 at its current address. In the event the anniversary date is in dispute, the Union will promptly notify the Manager, Office of Financial Services (AMZ-1) in writing of the error.

SECTION 6. Processing of Allotments.

a. A dues withholding allotment made pursuant to Title 5 USC 7115(a) shall be at no cost to the Union or the employee.

b. The remittance check will be payable to the allottee designated by the President of Local 2097 and mailed to the address designated.

c. At the time of each remittance, the allottee will be sent a statement giving the following information:

(1) Identification of the office or facility.

(2) Identification of the Union Local.

(3) The name of each unit employee, in alphabetical order, for whom a deduction was made during each pay period and the amount of each deduction.

(4) Identification of unit employee(s) whose allotments have been temporarily or permanently stopped and the reasons for non-deduction.

(5) Total number of members for whom dues were withheld.

(6) Total amount withheld on this payroll. The Employer will continue, upon request, to provide a copy of the microfiche pertinent to NFFE Local 2097.

d. The Union agrees to keep the Manager, Office of Financial Services (AMZ-1), currently informed of the name, title, and address of the allottee to whom the remittance will be sent and the address of the Treasurer of Local 2097.

e. In the event there is an underpayment to the Union in remittance checks, such error will be corrected in the next remittance check issued to the Union. If there is an alleged overpayment in the remittance, the Union will be notified and will refund the amount of overpayment when the allegation is verified and a waiver is not appropriate. The Employer's claim of overpayment will be made to the Union in writing in advance of any set-off against dues allotments of present unit members before attempting to recoup an alleged overpayment.

ARTICLE 10
BARGAINING DURING THE TERM
OF THE AGREEMENT

SECTION 1. The Employer agrees that personnel policies, practices, and matters affecting conditions of employment which are within the jurisdiction of the Employer which are not specifically covered by this Agreement will not be changed or implemented without prior notification to and negotiations when requested by the Union. The number of negotiators authorized for the Union on official time, if otherwise in a duty status, shall be at least equal to the number for management. In no event shall such number for the Union be less than two.

SECTION 2. Privileges of employees which by custom, tradition, and known past practice which have become an integral part of working conditions shall remain in effect unless in violation of law or Government-wide rule or regulation or modified pursuant to negotiations under this Article.

SECTION 3. The Employer agrees to formally notify the Union in writing, of any proposed new or changed personnel policy, program, practice, procedures, or other matters affecting conditions of employment of members of the bargaining unit. Notification will be made at least fourteen (14) calendar days in advance except in emergency situations or situations beyond the control of the Employer, and will include the proposed effective date, action to be taken, and any known changes in working conditions. Should the Union wish to negotiate, a request to bargain must be received by management at least seven (7) calendar days prior to any proposed effective date. When, prior to negotiations, information is requested pursuant to Title 5, USC 7114(b)(4) and meets the criteria of Title 5, USC 7114(b)(4), the Employer will respond as far in advance of the date of negotiations as feasible. In the event a written response is not received by the Union at least two (2) calendar days prior to the agreed date of negotiations, the Parties agree to reschedule the date of negotiations.

SECTION 4. Bargaining means the performance of the mutual obligation of the representative of the agency and exclusive representative of employees in an appropriate bargaining 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 document incorporating any collective bargaining agreement reached, but the obligation referred to in this Section does not compel either party to agree to a proposal or to make a concession.

SECTION 5. Should the Union desire to bargain with the Employer, it shall give at least fourteen (14) calendar days advance notice which shall include a statement of the matter to be discussed, and the proposed time and place of the discussion. Such notice and the issues to be discussed shall be presented in writing.

SECTION 6. In the event impasse is reached during these negotiations, if the Union notifies the Employer within seven (7) calendar days at the end of mediation efforts that it has submitted the issue to the Federal Services Impasses Panel, the Employer agrees not to unilaterally implement the changes except for emergencies or when the effective date is mandated by Federal law or any Government-wide rule or regulation.

SECTION 7. Disputes as to negotiability under this Article may be submitted to the Federal Labor Relations Authority for resolution as provided by Chapter 71 of Title 5, USC.

ARTICLE 11
HOURS OF WORK

SECTION 1. Hours of Work.

a. The administrative workweek shall be seven (7) consecutive days, Sunday through Saturday. The basic workweek normally shall be Monday through Friday, and the two (2) days outside the basic workweek shall be consecutive. The basic number of hours in the workweek shall be forty (40) hours per week. The occurrence of holidays shall not affect the designation of the basic work week. The basic non-overtime day shall not exceed eight (8) hours unless worked under a compressed work schedule.

b. Where employees are offered the right of choice or to volunteer under this Article, it is understood that such volunteers will be solicited from among qualified employees with the requisite skills and abilities as determined by management.

SECTION 2 . Breaks in working hours of more than one (1) hour shall not be scheduled in any basic workday unless mutually agreeable to Employer and Employee.

SECTION 3. Weekend Duty. Bargaining unit employees assigned to Saturday or Sunday duties shall be selected on a voluntary basis. If such duty is required for coverage of necessary work, requests for volunteers shall be made and selections made from the list of volunteers by service computation date (SCD). If there is an insufficient number of volunteers for necessary coverage, employees will be assigned on a rotating basis according to seniority determined by reverse computation date. Employees will be selected in ascending order from the lowest SCD to the highest until all affected employees have been equally rotated. Waiver of weekend assignment may be granted in valid instances where the employee will suffer undue hardship because of such assignment.

SECTION 4. a. Rotating Shifts and Tours of Duty

1. To the maximum extent possible, the employer agrees to permit bargaining unit employees the choice of a tour of duty on either the first or second shift. Solicitation of volunteers for tours of duty will be utilized before involuntary assignment to a night shift or duty days outside of the basic workweek are implemented.

2. Hours of Work.

(1) Established practice that when more volunteers are available than needed - the most senior person would be selected first.

(2) Established practice that when a person volunteers for an undesirable tour/shift and is selected and works said shift, that person cannot be bumped by a more senior new employee or current employee who subsequently changed their minds, and now volunteers for said tour/shift.

3. When the Employer determines to reduce the number of crews on undesirable shifts/tours - the least senior personnel shall be selected.

b. Assignments to shifts or tours of duty shall be scheduled in advance normally for periods of not less than four (4) weeks unless necessary and compelling mission requirement dictate otherwise. The employer will notify affected employees in writing at least two (2) weeks in advance. The Employer agrees that affected employees serving on jury duty will automatically revert to Monday through Friday tour of duty, day shift, with hours corresponding to the official hours of AVN-300. The Employer also agrees that bargaining unit employees attending out-of-agency or FAA Academy training will revert to a Monday through Friday tour of duty.

c. Involuntary assignment of individual unit employees from one shift to another will be distributed among qualified employees with requisite skills and abilities using reverse SCD. A roster or record of employees involved in changes of tour of duty or change in shift shall be maintained by the employer and furnished to the Union upon request.

d. Employee requests for transfer from shift to shift will be given serious consideration based on the merits of the request. It is agreed that management will not make or deny changes in shift assignments in order to reward or punish an employee. When equally qualified employees wish to trade shifts and operational requirements permit, the employer will approve the change.

e. When the Employer desires to establish additional shifts or tours of duty the following procedures will be followed:

1. The Union will be notified of the proposed shift or tour prior to informing bargaining unit employees and, upon their request, will receive a briefing on the shift and or tour of duty;

2. Volunteers for the new shift or tour will be solicited initially in writing from among qualified bargaining unit employees with requisite skills and abilities at the lowest organizational level to which the shift or tour applies. Normally, employees will be given five (5) work days to respond to the request for volunteers;

3. If there are fewer volunteers than necessary to staff the shift or tour, bargaining unit employees will be assigned to the shift or tour in ascending SCD order from among qualified bargaining unit employees with the requisite skills and abilities;

4. Bargaining unit employees volunteering for permanent assignment to a shift other than day shift or tours of duty other than Monday through Friday will not rotate. A previously non-rotating bargaining unit employee desiring to rotate will give a minimum of three (3) weeks written notice to their immediate supervisor prior to returning to regular rotation;

5. Normally, the length of assignment of a bargaining unit employee to a rotating shift and/or tour of duty will be at least four (4) weeks.

6. Bargaining unit employees enrolled in educational courses advantageous to the FAA at the time of the implementation of the additional shift or tour of duty with an enrollment of at least two (2) credit hours will be given the opportunity to complete the current semester without rotating shifts and/or tours of duty unless emergency operational requirements prevent the employee's attendance. When the current semester session is over, the employee will enter into the regular shift and/or tour of duty rotation.

7. The Employer agrees to provide an opportunity for those bargaining unit employees assigned to an uncommon tour or off shift to attend agency sponsored career enhancement lecture/programs at the Mike Monroney Aeronautical Center which other AVN-300 employees are eligible to attend. The Employer agrees, when operational requirements permit, to accommodate the employee by adjusting their work hours so that they may attend these lectures/programs; and,

8. The Employer agrees that when shift and/or tour of duty rotation is required due to an insufficient number of volunteers, non-volunteers will be rotated every four (4) weeks at the pay period in an order that maximizes the amount of time an employee will remain on a given shift. This may require a tour of duty rotation more frequent than a shift rotation if both are being rotated.

SECTION 5. Alternative Work Schedules.

a. The Parties agree that Alternative Work Schedules (AWS) which are flexible and compressed may be worked according to the guidelines and approved schedules below for the purpose of improved productivity and greater service to the public.

b. No intimidation, coercion, or threats may be placed on employees by management or other employees concerning work schedules.

c. The parties agree that, based on organizational needs and operational requirements, the following AWS options are available to bargaining unit members:

(1) Flexitour Schedule

(2) Gliding Schedule

(3) Variable Day Schedule

(4) Variable Week Schedule

(5) Maxiflex Schedule

(6) Four-day Workweek

(7) 5-4/9 Plan

(8) Credit Hours will be available for employees working flexible schedules.

1. It is further agreed by the parties that not all options will be available to all employees based on organizational needs and operational requirements.

2. It is agreed that management decisions as to the options available or the non-availability of options to an employee or group of employees will be neither arbitrary nor capricious. This decision will be provided to the Union promptly in writing.

3. It is understood that adequate coverage of operations will continue to be necessary.

4. If a dispute arises as to the appropriate AWS to be implemented for a group of employees the Union may request that negotiations take place concerning impact of the management decision. Upon becoming aware of such a dispute the Union will be given prompt written notification by the Employer.

5. Once a particular AWS schedule has been approved, that approval may be rescinded by the Division Manager or his/her designee when the participation in AWS by a group of employees has resulted in an adverse impact on the operation within AVN-300. The Union will be given a one (1) week written notice of the decision prior to implementation and given the opportunity to meet and discuss issues. The joint meeting will be held during the one (1) week notice period. Both Parties shall be able to discuss their views. Affected employees will be given a one (1) week notice of the change if practical. Upon request, the Employer will participate in post-implementation negotiations with the Union and will abide by any legal third party decision.

6. Employees who abuse AWS may have their participation terminated with the issuance of a written notice containing the reason(s) for the termination.

d. The descriptions of the various Alternative Work Schedules and the procedures associated with requesting approval to work an approved schedule are contained in FAA Aeronautical Center Handbook. All employees will be briefed on and provided with a Handbook describing the available schedules.

e. Four/Ten (4/10) Compresses Work Schedule

(1) Employees participating in the four/ten (4/10) compressed work schedule will be scheduled to work four (4) ten (10) hour days in each workweek of the pay period. The hours worked will be 0600-1630 day shift and 1600-0230 on the swing shift.

(2) The additional day off may be selected by the employee with the supervisor's approval. This regular day off may not in some cases be contiguous with the employee's consecutive regular days off and may be determined based on staffing requirements. Disputes among equally qualified employees as to selection of the additional day off will be settled by leave service computation date.

(3) Participation in the 4/10 compressed work schedule by employees in production functions will be by a majority vote of those eligible employees by shift at Unit level. This vote will be by secret ballot and will be conducted by the Union. A vote may be held only on a four (4) month interval upon an individual employee's request to his/her supervisor. At the beginning of the pay period following the results of the vote affected employees will begin working the schedule determined by the vote.

f. Employees participating in alternative work schedules may be required to temporarily return to fixed or regular schedules for operational reasons. The affected employees will be given as much advanced notice as practical in writing.

g. The following conditions may be cause for temporary return to normal working hours for all or some employees participating in alternative work schedules:

(1) Court Leave - Employees serving on jury duty will revert to normal working hours.

(2) Out-of-agency or FAA Academy Training - Employees attending training will revert to normal working hours. The hours required by the training facility will become the normal working hours for the employee(s). Employees participating in on-the-job training (OJT) may, depending on the individual circumstances, revert to normal working hours.

(3) Employees in travel status will, at the discretion of the immediate supervisor, either revert to normal hours or remain on an alternate work schedule (AWS).

(4) When administrative leave is given due to hazardous weather conditions or other conditions beyond the control of the Employer, employees on an alternative work schedule will revert to normal hours. These conditions include such natural disasters as flood, fire, tornado, etc.

h. The current policy which permits employees to request special shift assignments for educational or hardship reasons will continue in effect under Alternative Work Schedules.

SECTION 6. Break Practices. - Existing break practices will continue. In the event the employer has legitimate reason to change the current practice negotiations will be conducted under the provisions of Article 10. Employees shall have access to adequate break areas.

SECTION 7. Time for Cleanup and Change of Clothing.

a. Employees shall normally report to work dressed suitably for the work to be performed. In cases where a work assignment required other attire, the employer agrees to allow reasonable time for the employee to change clothes and also agrees to provide adequate facilities for such activities.

b. The Employer and the Union agree that employees should clean-up the work area, store and protect Government property, equipment, and tools prior to the end of the work-shift.

SECTION 8. To provide stability and allow reasonable access of Union officials to bargaining unit employees, Union officers and stewards will not be arbitrarily moved from one shift to another or one work area to another.

ARTICLE 12
LEAVE WITHOUT PAY (LWOP)

SECTION 1 Leave without pay (LWOP) may be granted to a member of the Union to serve with NFFE for up to one (1) year. Extensions will be granted by the Division Manager for subsequent one (1) year periods upon request unless legitimate operating requirements dictate otherwise. The total duration may not exceed the terms of the appointed or elected position in NFFE of the affected employee.

ARTICLE 13
EXCUSED ABSENCE FOR UNION SPONSORED TRAINING

SECTION 1. The Parties agree that training in labor-management relations is beneficial both to the Union and the Employer. When such training in contract administration, grievance handling, Federal labor laws, Federal personnel laws, regulations and procedures and conditions of employment is received by Local Union officials, said training reduces the number of labor-management actions and complaints initiated due to ignorance or incorrect understanding of law, rule, and regulation and promotes the public interest.

SECTION 2. The Employer agrees to grant official time to Union officers and stewards if otherwise in a duty status to attend Union sponsored training determined to be of mutual benefit to the Parties. A block of time up to five hundred and sixty (560) hours may be granted annually for such training not to exceed ten (10) workdays per officer/steward during the calendar year. Determination whether an individual can be spared from duty shall be made by the Employer based on operational requirements.

SECTION 3. The Union shall submit requests for official time to the Manager, Flight Inspection Maintenance Division (AVN-300) at least fourteen (14) calendar days prior to proposed release for such training. The request will include the agenda and schedule of the requested training and the names and duty locations of the employees whose attendance is desired.

ARTICLE 14
ANNUAL LEAVE

SECTION 1. The use of annual leave is the right of the employee subject to the approval of the supervisor. The supervisor's decision to approve or disapprove all annual leave will involve consideration of employee's expressed desires and personal convenience in regard to workload considerations. Annual leave schedules will be established no later than March 1 each year to ensure that all employees are given an opportunity to schedule and to use any leave available to them for the year.

SECTION 2. The Employer shall develop schedules of annual leave for vacation purposes each year. The period from June 1 to September 30 will be considered the prime vacation period. Request for annual leave for vacation purposes shall be submitted on appropriate forms to the supervisor before March 1 each year. Each employee will indicate a primary and secondary choice of time.

The Employer agrees that a sincere attempt shall be made to grant the employee's choice. In case of conflict in periods of leave desired by employees in the same work unit, the individuals desiring leave at overlapping times will be requested by the supervisor to attempt to resolve the conflict on a mutually agreeable basis. If the conflict is not resolved, the senior employee from the standpoint of service computation date will be entitled to the requested leave. Once selections have been finalized employees shall not be permitted to choose other times which disturb the choice of another employee. However, the supervisor may approve a change in selection provided another employee's choice is not disturbed, or such change is mutually agreed upon by both the affected employees and their supervisor(s) or the supervisor determines the workload requirements would allow both employees to be on leave simultaneously.

SECTION 3. After vacation schedules are approved changes will not be made by the Employer for arbitrary reasons. If workload necessitates changes, the supervisor will notify the employee at such time as situations develop and will discuss the reason for the change and why this particular employee is affected instead of another of equal or lower grade or status. Consideration will be given to seniority, and requisite skills required when changing employees choices for scheduled leave. By April 1 each year the approved leave schedule shall be made available for inspection by the Union by the immediate supervisor in each separate work area. Upon request, a copy of the leave schedule will be furnished to the Union by the immediate supervisor.

SECTION 4. It is agreed that employees will not be required to schedule all of their use or lose annual leave. However, use or lose annual leave not scheduled before the start of the third biweekly pay period prior to the end of the leave year will not be considered for restoration unless operational requirements have necessitated denial of leave by supervision due to abnormally heavy workload or emergency situations.

Restored leave must be scheduled and used no later than:

a. The end of the leave year two (2) years after restoration, in the case of administrative error,

b. The end of the leave year two (2) years after the termination date of the exigency of the public business.

c. The end of the leave year two (2) years after the date an employee returns to duty when the forfeiture was because of sickness.

SECTION 5. When operational requirements permit and the employee has sufficient annual leave, requests for leave of thirty (30) consecutive days or more will be approved.

SECTION 6. Employees on extended sick leave pending retirement will upon request have their lose or use leave restored. The employee will be responsible for the timely application for such restoration. Management will process the request in a timely manner.

SECTION 7. An employee may request unscheduled leave in advance by submitting an SF-71 stating the dates and hours desired. If a request for unscheduled leave is denied, the supervisor will state the reasons for the denial on said form and return it to the employee within one (1) workday after receipt by the supervisor.

SECTION 8. Annual leave for emergency reasons, except where circumstances prevent, will be requested by telephone normally within one (1) hour after the start of the shift to which assigned or by the beginning of core time if working under flexitime. Employees should request emergency annual leave by contacting their immediate supervisors, or other persons designated by management to receive such requests, as soon as possible after the start of their regular shift. If the supervisor and the designee are unavailable to accept the request, the employee must leave a message with the person accepting the call. If telephone facilities are not available due to circumstances beyond the employee's control, the employee may use the mail channels at the earliest reasonable time.

SECTION 9. An employee will be granted annual leave or leave-without-pay (LWOP) in case of death in the immediate family or, in the case of a relative, annual leave or leave without pay will be seriously considered.

SECTION 10. The Employer will make a good faith attempt consistent with operating requirements to satisfy the desires of employees with respect to approval of annual leave for special vacations, birthdays, religious holidays, funerals, and other specific requests.

SECTION 11. If, for any reason, the Employer schedules or effects a temporary shutdown of activities and administrative leave is not contemplated by management, a reasonable effort will be made to provide work for employees not having annual leave to their credit.

If work cannot be provided for such employees, annual leave may be advanced to the extent determined by the Employer. Employees will not be placed on LWOP without their consent unless the employee is without leave and the maximum allowable advance leave has been granted or refused.

The Employer will however, seriously consider granting advance leave if warranted by the circumstances in each individual case.

SECTION 12. The Employer will make every reasonable effort to grant annual leave or LWOP to Union representatives to conduct activities related to the internal business of the Union.

ARTICLE 15
SICK LEAVE

SECTION 1. Sick leave shall be approved for an employee who is unable to perform his/her duties because of: sickness, injury, pregnancy, confinement, medical, dental or optical treatment or examination, or when a member of the employee's immediate family is afflicted with a contagious disease requiring isolation, quarantine, or restriction of movement.

SECTION 2. An employee should request sick leave by contacting his/her immediate supervisor or designee, by telephone as soon as possible after the start of his/her regular shift. The employee will also give the anticipated date of return to duty. If the supervisor and the designee are unavailable to accept the phone call, the employee shall leave a message with the person accepting the call. Under normal circumstances, this request will be made by telephone within one (1) hour after the shift begins or before the beginning of core time, if the employee regularly works under flexitime. Approval of sick leave for prearranged medical appointments will normally be secured from the Employer in advance of the absence.

SECTION 3. A medical certificate will not be required to substantiate a request for approval of sick leave for three (3) days or less, unless the employee has been specifically informed in writing of the requirements in advance (about the use of sick leave). In such cases, the employer will investigate evidence of leave abuse and counsel the employee prior to placing any type of sick leave restriction upon the employee. Written notification of sick leave restriction will contain justification for the requirement and written documentation as evidence for the charge. The requirement, once imposed, will be reviewed at least every six (6) months to determine if it should be continued. At the time of the review, the employee will be advised in writing if the requirement is to be continued or canceled.

SECTION 4. Bargaining unit employees will not be required to provide a doctor’s certificate for sick leave solely on the basis of a mechanized or computerized leave usage report that indicates the employee's use of sick leave is abnormal. Leave restriction will also not be based on predetermined balances based on years of service or statistical formulas or leave trends which are circumstantial in nature.

SECTION 5. An employee placed on any type of sick leave restriction may grieve the restriction using the negotiated grievance procedure.

SECTION 6. An employee who is released from duty on advice of the Employee Health Activity shall not be required to furnish a medical certificate to substantiate sick leave for the day he/she was released from duty.

SECTION 7. The Employer may require a medical certificate for sick leave of more than three (3) consecutive work days. If a physician or practitioner was not consulted, a personal written statement from the employee describing the nature of the illness and that he/she was incapacitated for duty, will be accepted in lieu of a doctor's certificate or statement.

SECTION 8. Whenever an employee's request for sick leave is disapproved, the reason for disapproval will be given in writing.

SECTION 9. Advance sick leave up to thirty (30) days may be granted subject to the following conditions:

a. No documented evidence of abuse.

b. The employee can be reasonably expected to earn enough leave for repayment.

c. The medical status of the employee has been certified by a physician. Certification must show the diagnosis, prognosis, and when the employee can be expected to return to duty.

d. The advance is made with the understanding that it will be charged to sick leave subsequently earned.

SECTION 10. Records of employee sick leave balances will be restricted to those with a need to know. The employer shall not publicly post individual sick leave records.

SECTION 11. Sick leave balances will not be a factor for promotion, discipline, or other personnel action.

SECTION 12. Sick leave used to care for family members will be in accordance with those guidelines setforth in the Federal Employee Family Friendly Leave Act, effective December 2, 1994.

ARTICLE 16
LEAVE FOR SPECIAL CIRCUMSTANCES

SECTION 1. Leave for Bone Marrow or Organ Donors. Employees who wish to serve as a bone-marrow or organ donor are now entitled up to seven days paid leave each year. This leave is in addition to any other type of regular leave the employee may need to use (sick, annual, family-medical leave). The length of absence will depend upon the specific medical circumstances of each case.

SECTION 2. Excused Absence for Blood Donations.

a. Upon request, employees will be granted 4 hours of excused absence, without charge to annual or sick leave, in connection with each blood donation. Employees must request excused absence for this purpose and obtain approval from the appropriate management official with leave approving of such requests subject to the operational demands of the organization.

b. Excused absence for blood donations is for the sole purpose of traveling to and from the site where blood will be donated, clinical time for the extraction of the blood, and recuperation or recovery time required as a result of donating blood. Recuperation time shall be taken immediately following the blood donation.

c. Upon return to work, employees must furnish documentation, signed by an official of the institution receiving the donation, which reflects the date, time, and location of the donation. Excused absence for this purpose must be annotated on the Time and Attendance records with a code 08.

d. Excused absence for the purpose is only authorized for employees who donate blood. Employees who sell their blood are not authorized excused absence but must be charged annual leave or leave without pay.

e. Normally, employees who are unable to donate blood, will expeditionally return to their worksite or take appropriate leave. Prior approval for such leave is not required.

SECTION 3. Family and Medical Leave. The Parties agree that request for Family and Medical leave under the Family and Medical Leave Act of 1993 will be processed in accordance with the Act and governing rules and regulations.

ARTICLE 17
PREMIUM PAY

SECTION 1. The Parties agree that premium pay authorized by Federal Statute shall be administered according to law, rule, regulation, and this Article, and that bargaining unit employees shall receive just compensation for work which is entitled to premium pay.

SECTION 2. Overtime is premium pay and the opportunity to work overtime will be offered to employees with the requisite skills and abilities in a fair and equitable manner. The Employer agrees that, to the extent feasible, overtime work will be on a voluntary basis.

SECTION 3. Procedures.

a. Management will prepare a rotational roster in descending service computation date (SCD) order of qualified employees with the requisite skills and abilities at the lowest foreman or supervisory level.

b. When overtime is necessary management will offer the opportunity to work on a rotational basis in descending SCD order to available employees with the requisite skills and abilities. Declination or non-availability will count as though the opportunity was accepted. Employees in training or on detail may be considered for overtime in their organizations.

c. The rotational roster will be maintained on a continuing basis and will indicate the date of the overtime and whether the employee's accepted or declined the opportunity or if available.

d. If not enough employees volunteer for an overtime opportunity, management may direct in ascending SCD order.

e. These rosters will be kept for at least one (1) year after use. Such records may be reviewed by an employee upon request. When requested, these records will be made available to the Union.

f. Overtime work shall not be assigned as a reward or penalty.

g. When the Employer determines that it is operational necessary to continue utilizing an employee to complete a work assignment, Section 3 shall be waived.

SECTION 4. Employees called back to work overtime, not continuous with their normal tour of duty, will be compensated for a minimum of two (2) hours of overtime.

SECTION 5. The Employer agrees that, when it is known sufficiently in advance by the supervisor or foreman, employees will be notified of regularly scheduled overtime one (1) week in advance of overtime scheduled outside the basic workweek, and two (2) weeks in advance of overtime scheduled on holidays. In the case of unscheduled or irregular overtime t