g. Negotiability Question -- when the EMPLOYER'S Labor Relations Officer believes that a matter is nonnegotiable, the EMPLOYER'S Labor Relations Officer will immediately advise the UNION President in writing of the rationale for such belief. The UNION President has the right to proceed to the Federal Labor Relations Authority in accordance with Section 7105(a)(2)(E) of Title VII and the regulations of the Authority and Sections 7117(a), (b), and (c) of Title VII. To determine whether or not a compelling need exists (if that is the reason for the claim of nonnegotiability), the criteria set out in the Authority's regulations will be used. The parties will sign off on the rest of the agreement/contract pending a decision by the FLRA on negotiability issues. The agreement/contract will be noted in the intended location of the disputed wording as follows:

2.5 PAST PRACTICES:  Past practices which by custom, tradition, and known past practice have become an integral part of working conditions shall remain in effect unless modified pursuant to this Agreement or local supplemental agreement. 

3.1. In accordance with the Civil Service Reform Act, Public Law 95-454, nothing in this Agreement shall affect the authority of Management, subject to subsection e. of this Article:

         a. To determin the mission, budget, organization, number of employees, and internal security practices of the activity, and

         b. In accordance with applicable laws:

                  (1) 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;

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

         c. With respect to filling positions, to make selections for appointments f rom:

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

                  (2) Any other appropriate sources; and

         d. To take whatever actions may be necessary to carry out the activity mission during emergencies.

         e. Nothing in this article shall preclude the EMPLOYER and the NFFE 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 exercise of any authority under this section by such management officials.

3.2. The provisions of this article shall not nullify or abridge the rights of employees or the NFFE to grieve or appeal the exercise of the management rights set forth in this article through appropriate channels. 

4.1. NFFE MEMBERSHIP: Employees in the Unit shall be protected in the exercise, of their rights, freely and without fear of penalty or reprisal, to form, join, and assist the NFFE or to refrain from such activity. The EMPLOYER shall take such action, consistent with law or with directives from higher authority as may be required in order to assure that employees are apprised of the rights described in this section, and that no interference, restraint, coercion, or discrimination is practiced to encourage or discourage membership in the UNION by anyone acting in a supervisory or other capacity for the EMPLOYER.

Nothing in this Agreement shall abrogate any employee right or require an employee to become or remain a member of a labor organization except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deductions. The EMPLOYER shall not discipline or otherwise discriminate against any employee because he or she has filed a complaint or given testimony under the Federal Service Labor Management Relations Statute (FSLMR), the negotiated grievance procedure, or any other appropriate procedure for redressing wrongs to an employee.

4.2. INFORMING EMPLOYEES:

         a. It is the obligation of the EMPLOYER and the NFFE to mutually conduct informative sessions relative to the effective administration of this AGREEMENT.

         b. The EMPLOYER shall take such action consistent with the law or regulation, as may be required, in order to inform employees of their rights as prescribed in the Civil Service Reform Act of 1978 and this Article.

4.3. OUTSIDE ACTIVITIES: Employees shall have the right to engage in outside activities of their own choosing without being required to report to the EMPLOYER on such activities, except as required by law or Standards of Conduct for federal employees.

4.4. The EMPLOYER will not coerce or in any manner require employees to invest their money, donate to charity, or participate in activities, meetings, or undertakings not related to their performance of official duties.

4.5. NONDISCRIMINATION: The EMPLOYER will not discriminate against an employee because of race, color, creed, religion, sex, national origin, age, marital status, handicapping condition, or lawful political affiliation. All employees deserve to be treated with common courtesy and consideration. Supervisors and employees will not use abusive or vulgar language in the work place.

4.6.WEINGARTEN RIGHTS: The EMPLOYER shall provide to each NFFE bargaining unit employee, semi-annually, a distinctive notice of "Weingarten" rights. The notice shall be signed by the NFFE Local 273 President and Labor Relations Officer or their respective designees. The notice shall state:

         "You have the right to be represented by the NFFE (National Federation of Federal Employees) Local 273, at any examination by a representative of the agency in connection with an investigation if:

                  (b) You request representation.

4.7. Consistent with law and regulation, and upon request, the EMPLOYER agrees to provide information, guidance, and assistance to employees considering making a request for legal representation against whom suit is brought In civil court based upon activities alleged to be within the scope of their official duties and will assume financial liability for all monies awarded to claimants as a result of activities found to be within the scope of such official duties.

4.8. The EMPLOYER is obligated to keep employees informed of rules, regulations and policies under which they are obligated to operate, including their job duties.

4.9. Counseling and warning sessions involving unit employees will be conducted privately and in such a manner so as to avoid embarrassment of the employee.

4.10. Except for time spent in conducting internal union business, employees will be on official time, if in a duty status, whenever meeting with NFFE or management representatives or when discussing, preparing, or filing complaints.

4.11. Employees will not be precluded from presenting their views to officials, executive branch, the Congress, or other appropriate authority.

4.12. Employees have the right to working conditions that are safe and healthful.

4.13. Employees will be permitted to review their official personnel records as needed. Copies of individual documents may be provided on a case-by-case basis at no cost to the employee.

4.14. The EMPLOYER will not conduct a search of an employee's personal property unless the employee is present and, if requested, a NFFE representative.

4.15. Employees will be provided with a clean, suitable break/lunch area.

4.16. Employees may be permitted to review and copy any government regulation on official time and at no cost to the employee.

4.17. Employees are entitled to proper and timely compensation for their services. If a paycheck is more than two (2) working days late, the employee may request and receive a reissued check. Employees will designate that their paychecks and leave and earnings statements be sent directly to a financial institution chosen by the employee or to a mailing address. 

5.1. DAY CARE SERVICES: Bargaining unit employees will be given every possible consideration for use of day care facilities at Fort Sill, Oklahoma; and will pay an equitable rate for those services. 

6.1. (Smoking jnd tobacco use shall meet the following criteria;

a. Ensure people are protected from the effects of secondhand smoke.

b. Ensure persons who desire to smoke will not be inconvenienced unnecessarily.

c. Ensure an equitable balance between a. and b. above is struck.

6.2. NFFE and the EMPLOYER recognize tobacco use as a health hazard.

a. The EMPLOYER will inform all civilian personnel on the health hazards involved in the use of all tobacco products.

b. The EMPLOYER will provide appropriate programs, instruction, and treatment facilities to include smoking clinics to assist those desiring to break themselves of tobacco dependency.

c. The EMPLOYER will provide posters and other educational supplies and literature as appropriate.

d. NFFE will encourage employees to avail themselves to the above services provided by the EMPLOYER.

6.3. The EMPLOYER will make every attempt to designate appropriate smoking areas for smokers. Smoking areas will be negotiated with the NFFE on a case-by-case basis whenever the requirements of this article cannot be met.

In the event the EMPLOYER does not designate smoking areas, the EMPLOYER will consult with and negotiate with NFFE.

6.4. The following procedures will be used to establish tobacco use and smoking areas and facilities.

a. Smoking is authorized [only] in designated smoking areas in all DA controlled buildings.

b. Indoor smoking areas will have adequate ventilation so that secondhand smoke can be sufficiently isolated to protect nonsmokers from its effects.

c. Managers will consider the use of smoke eaters and other air purifications devices to improve the quality of air in designated smoking areas. The Comptroller General has ruled that such devices may be purchased through appropriated funds (Decision B216856).

d. Private offices. Occupants cannot designate their own offices as smoking areas. Commanders/managers/supervisors may designate a subordinate's office as a smoking area if the following conditions are met:

(1) In the event a manager's/supervisor's office is a designated smoking area, it shall not be the only designated smoking area in the immediate working area.

(2) Visitors (employees and non-DA persons) are infrequent. (3) Office is not used as a common meeting place.

(4) Ventilation is adequate, as evidenced by the absence of smoke hanging in the air.

(5) Room is sealed from adjoining areas (floor to ceiling walls) to isolate secondhand smoke.

e. Common Work/Office Areas. Common work/office areas normally will be nonsmoking. However, commanders/supervisors may designate a common area (or section) if the following conditions are met:

(1) Workers are all smokers who wish to smoke in the common area.

(2) Visitors (employees and non-DA persons) are infrequent.

(3) Ventilation is adequate, as evidenced by the absence of smoke hanging in the air.

(4) Area is sealed from adjoining areas (floor to ceiling walls) to isolate secondhand smoke.

(5) In large, open work facilities such as warehouses and shop areas, managers may designate a smoking area although partitions are not present. Such facilities also include administrative office housed in buildings with the general characteristics of a warehouse or shop area, i.e., spacious, highceilings, unpartitioned, and opening to outdoors. Designations will be made on the basis of good judgement, considering the need to provide adequate protection to nonsmokers from the effects of secondhand smoke.

f. Smoking areas will not be designated within auditoriums, conference rooms, classrooms, rest rooms, gymnasiums, fitness centers, and elevators.

g. Smoking areas will be established in eating facilities only if there is adequate space available for nonsmoking patrons and ventilation is adequate to provide for a healthy environment. Designated smoking areas will be posted.

h. Smoking is prohibited in child care and youth activities facilities, except that visiting adults and staff may smoke out of the presence or view of children in smoking areas designated in accordance with this policy.

i. Smoking is prohibited where it presents a safety hazard (e.g., firing ranges, ammunition storage areas, fuel dumps, motor pools, and equipment maintenance shops). Shops, garages, or motor pool parking areas may have a specific designated smoking area designated if the following conditions are met:

(1) Smoking is prohibited within 50 feet of vehicles loaded with flammable or combustible liquids with a flash point below 200 degrees Fahrenheit, flammable gases, or explosives.

(2) Smoking is prohibited in the presence of flammable vapors such as those present when fueling vehicles or examining or repairing engines or fuel systems. "No Smoking" signs will be posted conspicuously.

j. Smoking is not authorized in military vehicles and aircraft.

k. Cadre are prohibited from using tobacco products in the presence of trainees. "Cadre" refers to military and civilian personnel who command, supervise, instruct, or directly support trainees. Civilian and military personnel from organizations other than USAFATC, performing similar cadre duties or support functions with trainees, are included in these restrictions.

1. Health care providers will not smoke in the presence of patients.

7.1. Recognition: The EMPLOYER recognizes that the NFFE, as the exclusive representative of all employees in the Unit, is entitled to act for and negotiate agreements covering all employees in the unit, and to meet with the EMPLOYER with regard to all matters affecting the conditions of employment.

a. The EMPLOYER agrees to respect the rights of the NFFE and to meet jointly and negotiate with the NFFE, and further agrees to negotiate with the NFFE regarding implementation of any new policy or change in existing policy affecting employees or their conditions of employment. The EMPLOYER will consider involving the NFFE in the formulation stage of new policies or changes in existing policy.

b. The NFFE, in consonance with its right to represent, has a right to propose new policy, changes in policy, or resolutions to problems, and to be present at management.-initiated discussions or meeting pertaining to policy changes or any other matter affecting conditions of employment of employees in the unit. This right shall apply at all levels of management within the activity. Representation will normally occur at the lowest level at which a matter can be resolved, and the initial point of contact will normally be the lowest-level management official with authority to negotiate or resolve the issue. If either party, at the initial contact, feels resolution of a matter is outside their jurisdiction, the matter shall be referred immediately to the next higher level.

c. The EMPLOYER will recognize the officers and officials/representatives designated by the NFFE, including stewards and alternates. The NFFE will supply the EMPLOYER in writing, and will maintain, a list of the NFFE officers and officials, including stewards.

d. The EMPLOYER will recognize representatives of the NFFE National Office.

e. The EMPLOYER agrees that there will be no coercion or discrimination against officers and stewards because of the performance of their NFFE assigned or related duties.

7.2. NFFE/MANAGEMENT MEETING PROCEDURES: The following procedures shall apply to joint NFFE/management meetings.

a. The EMPLOYER will consider involving NFFE in the formulation of any new policies. Meetings shall occur as the need arises and before implementation of any policy or act affecting the employees or their conditions of employment. Such joint meetings are considered a part of the initial step used by either party to resolve a problem concerning the working environment; resolve employee dissatisfaction, including grievances, appeals and unfair labor practices; administer this agreement; or negotiate a change in policy. They shall be conducted in an atmosphere that will foster mutual respect. NFFE-management meetings shall in no way nullify or abrogate the right of the NFFE to negotiate new policy or a change to a policy.

b. Joint NFFE-management meetings shall be held upon request by either party. Specific item(s) for discussion should normally be provided in advance of the meetings by either party, although items not submitted may be discussed. New or changed policy proposals which cannot be readily agreed to may be subjected for negotiation in accordance with negotiation procedures established in this Agreement. Joint meetings will be conducted during regular duty hours, with NFFE officials and representatives authorized official time without loss of leave or pay. Emergency meetings will be arranged at the convenience of both parties involved as soon as possible after a request by either party is received, and such request shall indicate the subject matter for discussion.

c. The NFFE has the exclusive right to represent employees in presenting grievances under the negotiated grievance procedure in this Agreement.  An  employee or group of employees may present a grievance themselves without representation by the NFFE provided that the Local is a party to all discussions and the grievance processing. The adjustment must be consistent with the terms of this Agreement.

d. The NFFE has the right to have a representative present at all discussions between the EMPLOYER and an employee or employees held in the course of proceedings conducted to resolve grievances submitted by a member of the unit. The EMPLOYER will notify the Local President or his/her designee before such discussion is held and will provide the NFFE the opportunity to be represented. The representative shall be permitted to present the views of the Local during the discussions.

7.3 STEWARDSHIP: The NFFE may designate stewards in the various organizations having employees in the unit. The number of stewards shall not exceed one per 25 bargaining unit employees. The NFFE shall determine the number and location of stewards. Officers and stewards are authorized to represent individuals in any part of the bargaining unit. Assignment of officers and stewards for representational duties will be determined by NFFE. Upon request from either party, stewards and supervisors shall discuss informally items of concern in applications of personnel practices and policies, and other matters affecting working conditions of employees in their work area or designated area(s) and application of this Agreement to avoid misunderstanding and to deter complaints from either party.

7.4 NFFE representatives will be permitted to wear identifying name plates to include name and official Union capacity, and local insignia.

7.5. If the EMPLOYER has or establishes a committee, task force, or work group dealing with conditions of employment affecting bargaining unit employees, the NFFE will be advised accordingly. The EMPLOYER will consider giving the NFFE the opportunity to designate a representative(s).

7.6. INTERNAL UNION BUSINESS: Internal Union business, such as attending NFFE membership meetings, will be conducted during the nonduty hours of the employee involved. Upon request and subject to normal security limitations, the NFFE shall be granted authority to conduct up to two (2) membership drives of thirty (30) days-duration each per year, before and after duty hours, during breaks and lunch periods. Upon request, the EMPLOYER shall provide the NFFE with a table, bulletin boards, and easels for use in such drives. The NFFE will also be permitted to use copying machines. The NFFE will furnish their own paper.

7.7. RESTRAINT: There shall be no restraint, coercion or discrimination against any NFFE official because of the performance of duties on consonance with this Agreement and the Act, or against any employee for filing a complaint or acting as a witness under this Agreement, the Act, or applicable regulations.

7.8. The EMPLOYER will furnish to the NFFE, upon request, data that is necessary and relevant for the proper representation of employees in the bargaining unit when:

a. The data is normally maintained by the agency;

b. Reasonably available, and;

c. Does not constitute internal management guidance, counselling or training provided to management officials relating to collective bargaining. This information will be provided without charge and within the NFFE designated suspense requirements. Should the EMPLOYER be unable to meet the suspense date, the grievance, filing deadline and any pending action(s) will be delayed accordingly. 

8.1. AUTHORIZED OFFICIAL TIME: NFFE officers and officials, including stewards, shall be permitted reasonable time during working hours (without loss of leave or pay) to represent employees in accordance with this Agreement. Use of official time will not be limited to the confines of the activity but will allow the representative to travel in accordance with the needs of the individual case. Any travel and per diem incurred by a representative in such cases will be reimbursed by the EMPLOYER in accordance with the Joint Travel Regulations.

8.2. One Union representative, to be designated by the Union, shall receive 50 percent official time to perform representational duties. Three other Union representatives, to be designated by the Union, shall each receive 20 percent official time to perform representational duties. All other Union officers and stewards shall be allowed a reasonable amount of time away from their assigned duties, without loss of pay, for such duties.

A reasonable amount of time for other representatives will be determined on a case-by-case basis. Determination will be based on the number of cases, the complexity of the cases, the number of witnesses, and documents that must be reviewed and other factors relevant to case handling.

8.3. Reasonable time for a NFFE representative of a complaint, grievance, or appeal action, will include the time necessary to bring the proceedings to their conclusion.

8.4. Reasonable time for preparation of information reports required under 5 U.S.C. Section 7120(c), including financial reports and trusteeship reports, shall be accorded to NFFE officials. The amount of time granted will be that necessary to gather data and complete reports.

8.5. When a NFFE representative needs to leave his/her work site to engage in representational activities on official time, he/she will notify his/her supervisor prior to the NFFE representative's departure from the work area. A supervisor may deny official time only if unusual and compelling work requirements necessitate the representative's attention. In such cases, the supervisor must provide the representative with a specific time when the representative can be released on official time. Such release must occur within eight (8) working hours. A delay in release on official time will automatically stay the time frames of any grievance/appeal negotiations, or preparation for negotiation to which the representative is assigned. Management will provide a written explanation for any delay in official time approval in excess of eight (8) working hours to the NFFE President.

8.6. When a NFFE official has the need to meet with an employee while the employee is on duty, the NFFE representative will inform the employee's supervisor of the need to meet with the employee for discussion. When the employee cannot be immediately made available to meet with the NFFE representative because of unusual and compelling work requirements, the supervisor must provide the NFFE representative with a specific time when the employee can be released to meet with the NFFE representative.

8.7. When an employee wishes to leave his/her work area during duty hours to meet with a NFFE official, the employee will receive permission from his/her immediate supervisor. When the employee cannot be released because of work requirements, the supervisor will provide the employee with a specific time when the employee can be released.

8.8. In such cases as in Sections 8.6. and 8.7. above, release must occur within eight (8) working hours. A delay in release will automatically stay the filing deadlines, within the EMPLOYER'S authority, commensurate with the amount of the delay.

8.9. Management will provide a written explanation for any delay for the release of any employee in excess of eight (8) hours to the NFFE President.

8.10. It is the EMPLOYER'S obligation to furnish in writing to all duly authorized NFFE representatives the name and duty phone number of the supervisor/manager that is to be notified of official time usage. The EMPLOYER may designate an alternate that the representatives should contact in their absence. In the absence of the immediate supervisor or the designated alternate, the NFFE representative may leave the Fort Sill Form 738-A at his/her supervisor's desk indicating the time the representative left the work area on official time and his/her expected time of return.

8.11. In requesting permission to conduct representation duties procedurally described above, the NFFE representative involved will complete FS Form 738-A (Appendix A), Request for Official Time, in duplicate. The duplicate copy will be maintained by the supervisor, the original given to the NFFE representative.

8.12. When applying performance standards and critical elements to a NFFE representative, the EMPLOYER shall fairly consider the amount of work time available to the representative. The NFFE official will not be penalized on his/her performance rating because of duty time spent on official union business. 

9.1. SPACE: In order to facilitate and expedite the Labor-Management Relations Program, the EMPLOYER agrees to provide NFFE with the bottom floor of building 241 or another comparable building to be used as the NFFE office for appropriate union activities and meetings.

If possible, the building should meet the following requirements:

a. Have at least one (1) handicapped entrance.

b. Two (2) each rest rooms.

c. Two (2) each entrances.

d. Heating, air conditioning, and lighting must meet all energy efficient requirements to comply with Fort Sill's energy conservation program, safety, and health requirements.

e. Be able to be secured by the NFFE without access by any other party other than emergency services agencies.

9.2. The following items and services will be provided for operation of the NFFE office (to facilitate communications with bargaining unit employees and supervisors/managers):

a. Utilities services.

b. Telephone services and use of AUTOVON at no charge to NFFE for representational functions as necessary. Other long distance charges will be reimbursed by NFFE to the EMPLOYER.

9.3. As a minimum, the following equipment will be provided for operation of the NFFE office:

a. Six (6) desks with desk chairs. b. Six (6) work tables.

c. Twenty (20) straight back chairs d. Two (2) hat and coat racks.

e. Two (2) locking file cabinets. f. Two (2) electric typewriters. g. One (1) pencil sharpener.

h. Material to build one (1) 4' x 8' bulletin board limited to NFFE use shall be made available to use in NFFE's office.

i. Adequate parking spaces as near to the NFFE office as possible.

9.4. In addition, the EMPLOYER will make every possible effort to furnish the following equipment to the NFFE.

a. IBM compatible computer (hard disk 20/40MB and 5-1/4" floppy disk drive) with letter quality printer and color monitor.

b. Software: Most current DOS version compatible with SMART Data Base Manager, Display Write IV, Word Perfect 5.0, Lotus 1-2-3.

9.5. Upon written request of the NFFE, the EMPLOYER will establish a SSSC account for the NFFE in accordance with applicable rules and regulations.

9.6. At its discretion, the EMPLOYER will make copies of documents for the NFFE as requested.

9.7. BULLETIN BOARDS: Bulletin boards shall be available for use by the NFFE for the posting of notices and literature of the UNION. The EMPLOYER agrees to provide the UNION with bulletin board space not to exceed four square feet (2' x 2') on all existing or future bulletin boards at all facilities. The NFFE may designate its board or board space as "UNION" or similar reference. Any changes in the placement of such bulletin boards will be coordinated with the UNION. The EMPLOYER will make a reasonable effort to post a copy of this Agreement on each official bulletin board in those working areas where there are bargaining unit employees.

9.8. AGENCY REGULATIONS: The EMPLOYER agrees to furnish the NFFE office with a copy of each agency regulation, bulletin, manual or other such directive and amendments and changes thereto issued and made generally available to employees which affects employees in the bargaining unit.

9.9. COPIES OF THIS AGREEMENT:

a. The EMPLOYER will distribute a copy of this Agreement to each current bargaining unit employee and to each new employee during DCP in-processing.

b. A minimum of two hundred fifty (250) extra copies of the Agreement will be furnished the NFFE for its use. The cost of printing and distributing this Agreement shall be borne by the EMPLOYER.

9.10. COPIES OF ADDITIONAL AGREEMENTS: The EMPLOYER will make sufficient copies and distribute the copies of any other EMPLOYER/NFFE negotiated agreements between the parties during the life of this Agreement. 

11.1. The NFFE shall encourage and assist employees in becoming aware of the privileges and responsibilities associated with their employment at Fort Sill including: 1) their responsibility to become familiar with the guidance in such publications as the Handbook for Civilian Employees, USAFACFS Regulation 690-3, Conduct and Discipline, and pertinent security regulations; and 2) their right to review their own Official Personnel Folder (201) or designate in writing a representative to review their 201.

11.2. Employees will be given an opportunity to initial favorable or unfavorable comments entered in section 13 of SF-7B. The employee's initials indicate only that the employee is aware of such entries. His initials do not indicate concurrence/nonconcurrence with such entries. 

The EMPLOYER shall continue to deduct NFFE dues from the pay of employees in the unit subject to the following provisions:

13.1. The NFFE agrees to procure SF-1187x, Request and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues, and furnish them to eligible members desiring to authorize an allotment for withholding of dues from their pay.

13.2. The President or other authorized officer of the Local will certify on each SF-1187 that the employee is a member in good standing in the Local, insert the amount to be withheld, and submit completed SF-1187s to the Labor Relations Officer of the EMPLOYER.

13.3. The President or other authorized officer of the Local shall notify the payroll servicing office of the agency when the Local's dues structure changes. The change shall be effected at the beginning of the first full pay period after receipt of such notice. Such a change will not normally be effected more than twice in a twelve (12) month period.

13.4. Allotments will be effective at the beginning of the first full pay period after receipt of SF-1187s by the payroll servicing office.

13.5. The Local will promptly notify the payroll servicing office, in writing, when a member of the Local on dues withholding is expelled or suspended.

13.6. The EMPLOYER agrees to prepare a biweekly remittance check at the close of each pay period for which deductions are made and forward it to the National Secretary-Treasurer at the National office. Remittance will be in a single check and will be for the total amount of dues withheld for that pay period.

13.7. The President of the Local will immediately notify the EMPLOYER in writing of any changes in the name and/or address.

13.8. The EMPLOYER will submit an alphabetical listing of the members, amounts withheld, and the anniversary date of dues authorization for each member to the NFFE President as well as a copy to the national office with the remittance check. The list will also include the names of those employees for whom allotments have been permanently or temporarily stopped and the reason therefore (e.g., moved out of the unit, separation, LWOP, insufficient income during pay period), as well as identification of Local number, payroll period, and organizational assignment.

The EMPLOYER also agrees to deduct all back dues from employees for whom allotments had been temporarily stopped due to insufficient income during a pay period, except as prohibited by law.

13.9. A member may voluntarily revoke an allotment for the payment of dues by filling out an SF-1188, Revocation of Voluntary Authorization for Allotment of Compensation for Payment of Employee Organization Dues, and submitting it directly to the payroll servicing office. It is the employee's responsibility to see that his written revocation is received in the appropriate office on a timely basis. The EMPLOYER will furnish copies of the SF-1188 to the employee on request. Termination of allotment under this section shall be effective with the first full pay period following March 1, provided the revocation is received by the Civilian Pay Section by such date and provided the employee has been a member for one (1) full year.  If the employee has been on dues withholding for less than one year, the dues withholding will be terminated on the employee*s first anniversary date of his/her signing of the SF-1187, providing the SF-1188 is received by the Civilian Pay Section at least one full week prior to that anniversary date.  The payroll servicing office shall provide the NFFE Local 273 appropriate notification of the revocation.  A duplicate copy of the SF-1188 completed by the member will be used for this purpose.

13.10. Management agrees to provide this service without charge and to continue this service regardless of contract status as long as the NFFE holds exclusive recognition. Management has the sole responsibility for dropping persons who move out of the unit from dues withholding. 

14.1. The NFFE agrees to cooperate with the EMPLOYER in truly voluntary charity drives and to lend its support to these worthy causes. In conducting these drives, the parties will be guided by appropriate regulations which provide that no compulsion or reprisals will be tolerated; confidential gifts may be made by placing contributions in sealed envelopes; individual employees should not be contacted a second time after the initial contribution; and, no lists will be kept showing the names of the contributors and amounts of the contributions except those that are necessary to properly administer the program. 

15.1. Through careful planning and use of other administrative techniques, management officials at all organizational levels should seek to avoid the necessity of entering into a formal RIF action. Prior to the implementation of any management policy or decision concerning a RIF, the Union will receive a copy of such proposed action and be provided time to review management's proposal, to provide comments and suggest changes. The Union may request to negotiate, as appropriate, the impact of the decision, to run a reduction-in-force. The EMPLOYER agrees that, in the event of a RIF or a reorganization where separation will occur, an outplacement program will be implemented. The primary aim of this program will be to find a position in the Federal Service for each affected employee commensurate with that employee's skills, experience, and career goals. To the extent feasible, finding a non-Federal sector position meeting these requirements will be a secondary aim of the program.

15.2. The EMPLOYER shall:

a. Provide the NFFE a copy of the request to higher headquarters seeking authority to conduct a RIF and their reply the same day Congress is notified, if possible, but, in any event, no later than the next working day.

b. Notify the NFFE when it is determined that any unit positions will be affected by reduction-in-force (RIF). Upon request, the EMPLOYER will brief the union concerning expected impact on unit employees.

c. At least seven (7) days prior to the issuance of RIF notices, give the Union access to review the spread sheets, retention registers and other relevant records pertaining to the RIF.

d. On the day that RIF letters are issued, an updated annotated copy of the spread sheets and a copy of the retention register will be provided to the union. All changes to the spread sheets will be provided to the Union on a daily basis.

e. Provide the Union a copy of the Personnel Action SF 50 within five (5) days of the effective date.

15.3. The EMPLOYER will consider placing a freeze on all hiring at least 90 days prior to the effective date of the RIF and for the life of the RIF.

15.4. For reduction-in-force (RIF) purposes, TRADOC, MEDDAC, DENTAC, the Commissary, and ISC shall constitute a single competitive area which shall include all positions in those activities.

15.5. Management will ensure compliance with the provisions of this Agreement. It will also carry out the following action to provide effective placement of personnel in the RIF, and ensure promotion and reemployment rights consistent with laws and government-wide regulations.

a. Review all the following for the purpose of minimizing downgrade and loss of employment:

(1) Retirement of any employee.

(2) Resignations, transfers, or other loss of employees.

(3) Any other event which creates a vacant position at or below the current grade of an adversely affected employee for which he/she may qualify.

b. Fill trainee positions at the full performance level to provide positions for journeyman employees who may be adversely affected.

c. Where it can be determined that an employee being separated fails to fully qualify for a vacant position for which no one else is qualified but has the specialized skills and abilities to perform the duties of that position in a satisfactory manner within a ninety (90) day period, the employee may be considered for placement in the position.

d. A program will be developed to counsel and train employees to the extent practicable so that they may assume a vacant position for which they would otherwise not be qualified, and to explore with other federal agencies, state and municipal authorities available training programs for adversely affected employees.

15.6. Employees who have been downgraded due to RIF are eligible, to the extent permitted by regulation, for repromotion priority consideration as follows:

a. Employees will be automatically considered for repromotion back to the position and grade from which they were downgraded through RIF.

b. Employees will be eligible to indicate other positions (up to 5) for which they wish to receive repromotion priority. Application for repromotion priority may be accomplished in one of two ways:

(1) Submission of a Merit Advancement Profile (FS Form 925) and any additional requirements (KSAs, FS 1119, etc) for each occupational series for which they wish consideration; OR

(2) Submission of a Personal Qualification Statement (SF 171) detailing all experience, training and education, and an attached memorandum indicating the occupational series for which consideration is requested.

c. To be repromoted, employees must meet all qualification requirements for the higher-graded position, including any special requirements deemed essential for successful performance of the specific position.

d. Unless the employee indicates otherwise, he/she will receive repromotion priority in the selected occupational series for positions with a target grade equal to the grade from which demoted and at intervening grades up to the grade from which demoted. The employee is not entitled to priority consideration for positions with a target grade above the grade-from which demoted.

e. An employee who declines a position at a grade equal to or above the grade from which demoted will be removed from the repromotion priority list. An employee who declines an offer at an intervening grade will lose consideration for other positions at that grade and below.

f. Employees eligible for repromotion priority will be referred in the following order:

(1) Employees demoted from the same occupational series and grade (same competitive level).

(2) Employees demoted from the same grades.

(3) Employees demoted from higher grades.

g. Employees may apply for repromotion priority to positions other than those they indicate under paragraph b above. To receive consideration, the employee must apply as detailed in the announcement for that position, to include submitting all required documents. The application package must clearly be labeled "REPROMOTION PRIORITY" when submitted.

15.7. Management will replace temporary employees in continuing positions to the maximum extent possible. It is understood that acceptance of a temporary appointment will not alter the employee's right to be offered permanent employment.

15.8. The EMPLOYER agrees, consistent with law and regulation, to consider restructuring vacant authorized positions where there is a bona-fide work requirement so as to utilize the skills of qualified separated employees. It will consider offering appointments at a grade level appropriate to such position.

15.9. An employee meeting the criteria of Section 15.6. of this article who believes he/she has not been adequately considered for repromotion may file a grievance under the contract's negotiated grievance procedure.

15.10. Employees filing individual RIF appeals must use the MSPB procedures. 

16.1. REORGANIZATION OR RIF: The EMPLOYER agrees that in the event of a reorganization or a reduction-in-force (RIF), an active outplacement program may be implemented by the NFFE. The primary aim of this' program will be to find a position in the Federal Service for each affected employee commensurate with that employee's skills, experience, and career goals. Finding a non-Federal sector position meeting these requirements will be a secondary aim of the program.

16.2. PERSONNEL FILES: The NFFE and management will jointly encourage each employee to see that his/her personnel file is up-to-date at least annually and as soon as the RIF or reorganization is announced. At the employee's request, the EMPLOYER will add to the personnel file any changes or amendments as appropriate and permitted by Government-wide regulations. The personnel file will be used to match employees with vacancies. Employees possessing skills in more than one area may designate those area(s) in which they wish to be matched for consideration for vacancies.

16.3. OFFICIAL TIME: The EMPLOYER agrees to negotiate official time deemed necessary to execute this article on a case-by-case basis prior to implementation of a reorganization or RIF.

16.4. EMPLOYER PARTICIPATION: To the extent possible, the EMPLOYER will work with the NFFE outplacement program to find positions for the reorganization or RIF affected employees. 

17.1. The EMPLOYER agrees to meet and consult openly and fully with NFFE regarding any commercial activity review of a function within the bargaining unit. "A decision is pending with the Federal Labor Relations Authority concerning the remaining wording of this section. When a decision is received, the parties will meet to discuss the remaining appropriate language for this section."

17.2. The EMPLOYER will promptly provide to NFFE all training materials available to the EMPLOYER on conducting a commercial activity review. These materials will include written and video training materials on preparation of a commercial activity review including the Performance Work Statement, and Most Efficient Organization, the Cost Comparison, and the Administrative Appeal Procedure. NFFE shall be included in any local training sessions on preparation of a commercial activity review if such training had not been received by NFFE Local 273 officers.

17.3. Management agrees to meet and consult with the NFFE on a regular basis, no less than monthly, during the development and preparation of the Performance Work Statement and to consider the input from employees performing the tasks subject to the commercial activity review. The purpose of this consultation is to ensure that the Performance Work Statement is both complete and accurate.

17.4. The EMPLOYER agrees to meet and consult with the NFFE on a regular basis, no less than monthly, during the development and preparation of the Most Efficient Organization and to consider the input from employees performing the tasks subject to the commercial activity review. the purpose of this consultation is to ensure that the Most Efficient Organization is both cost effective and capable of performing the tasks set forth in the Performance Work Statement.

17.5. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.6. The EMPLOYER will invite a union representative in the "walk through" by prospective bidders of the function undergoing an A-76 cost study.

17.7. Prior to the implementation of any decision to contract out, the EMPLOYER shall negotiate with NFFE to the fullest extent allowed by law. These negotiations shall be conducted in accordance with the terms of Article 2, "Negotiations".

17.8. No contract award shall be made until grievance procedures, up to and including arbitration, are exhausted.

17.9. In the event an agency decision to contract out is based upon information provided by the contractor or any individual in violation of the False Claim Act, 31 U.S.C. Section 3729 (1986), the agency agrees to compensate an employee filing a court action according to the court's decree which could range from 15 to 25 percent of the amount saved.

17.10. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.11. The EMPLOYER will ensure that the most efficient organization and inhouse costs are based upon the same work load and performance standard projections that are in the solicitation contractors use for final bids. The EMPLOYER will update in-house costs up to the date before receipt of final firm bids.

17.12. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.13. "A decision is pending with the Federal Labor -Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.14. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.15. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.16. "A decision is pending with the Federal Labor Relations Authority concerning the wording of this section. When a decision is received, the parties will meet to discuss the appropriate language for this section."

17.17. Management recognizes the "right of first refusal" required by OMB Circular A-76, Part I, Chapter 3(c) at I-18 (1983 ed.) which provides that the contractor will grant those Federal employees displaced by conversion to contract with the right of first refusal of employment openings created by the contractor. Refusing the right of first refusal because of displacement due to contracting-out shall not deny a unit employee of any rights he or she might otherwise have under applicable RIF procedures. 

18.1. Each new employee shall be furnished a current copy of his job description. Each employee is entitled to a complete and accurate position description. All employees will be furnished copies of changes to their job descriptions as they are made by the EMPLOYER. Employees will receive replacement copies as needed, upon request.

18.2. The UNION will be provided a copy of each change in standardized job descriptions prior to implementation or the employees receiving them, and may negotiate as appropriate on any related changes in working conditions.

18.3. When an employee alleges inequities in his job description, grade allocation, or reallocation, if requested, he shall be furnished information on his right to submit a request for review as set forth in applicable regulations. He may be represented or assisted by UNION representatives in discussing the matter with his supervisor(s) or with representatives of the servicing personnel office in reviewing job descriptions that pertain to his position and in pursuing an appeal under the provisions of applicable regulations. Employees retain the right to submit requests for review. No employee will be discriminated against nor will reprisals be taken because of the exercise of such rights.

18.4. Employees shall be given the opportunity, at least once a year, to review their job description and discuss it with their. supervisor or other appropriate management official. If, after reviewing the job description, an employee believes that something should be added or deleted, a written request may be submitted by the employee to the immediate supervisor who shall confirm or deny disputed duties that are performed by the employee, or make other appropriate job-related comments, and forward it to the next higher supervisory level with authority to take appropriate action.

18.5. Should a dispute develop over the accuracy of the job description, management shall investigate and make a determination on the matter. Disputes as to whether or not a particular function is being performed may be submitted pursuant to the negotiated grievance procedure. If there is any disagreement over the grade, title, or occupational grouping, the employee may file a classification appeal in accordance with applicable regulations.

18.6. The requirement that the statement, "performs other duties as assigned" be included on all job descriptions is designed to make clear to employees and supervisors that assignment of duties to employees is not limited by the content of the job description, neither does it justify or permit the assignment of incidental duties to employees which are inappropriate to their positions and qualifications. For example, assignment of custodial duties to clerical, administrative (GS) and (WG) technical employees is normally inappropriately considered as "other duties as assigned."

18.7. The EMPLOYER agrees that employees in the same grade, job series, and work areas will be given fair and equitable treatment with regard to job assignments and details. 

19.1. The EMPLOYER and the UNION agree that the development of performance standards and identification of critical elements will be a joint effort. Employees and their supervisors shall meet at least once each year to discuss the performance standards and critical elements to be applicable.for the coming rating year. The standards and identified critical elements shall be put in writing, reviewed, and signed or initialed by the employee and supervisor. Further amendments may be made during the rating year, and these amendments should be noted with the parties" initials and date. The EMPLOYER will make the final decision on the elements and standards.

19.2. In the interest of providing for objectivity in a supervisory appraisal, an employee must have been working under the evaluating supervisor for at least one hundred twenty (120) days except when a rating official is not able to participate in the preparation of a performance rating (e.g., extended illness, death, reassignment, or resignation); it will be done by the new or next level supervisor(s) by the due date.

19.3. Application:

a. The supervisor will discuss the employee's job performance with the employee in private surroundings at least at midpoint of the rating period.

b. If the supervisor has identified shortcomings in the employee's performance, the employee shall be notified as soon as possible when the problem is perceived. The supervisor will suggest ways for the employee to improve in order to more satisfactorily perform duties at expected levels.

c. All performance evaluations. will be reviewed and approved by an approving official. A follow-up discussion may be held after the initial discussion.

d. Prior to the date an employee is eligible for a within grade increase, the EMPLOYER will review the work of the employee. When a supervisor's review leads to the conclusion that the employee's work is not at an acceptable level of competence, the supervisor will provide to the employee, in writing, at least 60 calendar days before the employee is eligible for the within grade increase, the following:

(1) An explanation of those aspects of performance in which the employee's service falls below an acceptable level.

(2) What the employee must do to bring his/her performance up to the acceptable level.

e. If the employee's performance improves to the fully successful level, the employee's within grade increase will be approved. If the employee's performance has not improved, the EMPLOYER will notify the employee, in writing, that the within grade increase is being withheld. The notice will include reasons for the action and will also inform the employee of his rights. 

20.1. An employee whose performance rating is less than fully successful is entitled to at least sixty (60) days advance written notice which informs the employee:

a. Of the specific instances of unacceptable performance by the employee on which the proposed action is based.

b. Of the critical elements of the employee's position involved in each instance of unacceptable performance.

c. That the employee has a minimum period of sixty (60) days to bring performance to a satisfactory level.

d. How the work supervisor will assist the employee in that effort.

e. What the employee must do to bring performance to a satisfactory level in the period.

f. That the employee's performance will be reevaluated at the end of the period.

20.2. An employee whose reduction in grade or removal is proposed is entitled to,

a. At least thirty'(30) days advance written notice of the proposed reduction in grade or removal.

b. Be represented by an NFFE representative(a) or other representative of their choice.

c. A reasonable time (at least fifteen (15) days) to answer orally and/or in writing.

d. A written decision which:

(1) In the case of a reduction in grade or removal, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based.

(2) Unless proposed by the Commander, has been concurred in by a supervisor who is in a higher position than the supervisor who proposed the action.

(3) Addresses the efforts the employee has made to improve his/her deficiencies, how these efforts have fallen short, and why further employee or activity efforts at rehabilitating the employee would be fruitless.

20.3. If an employee is the subject of an action based on unacceptable performance due to a disability and the employee files for disability retirement and it is approved, the employee, at his/her option, may use any available sick leave. 

21.1. When the NFFE determines that a local work situation warrants coverage under payable categories of Appendix J, FPM Supplement 532-1, Subchapter SS-7, or Appendix A and E, Book 550, FPM Supplement 990-2, it will notify the Civilian Personnel Officer of the title and location of the position(s) and nature of the exposure so as to show clearly that the hazard, physical hardship, or working condition which results from that exposure is of an unusual nature. Within fifteen (15) days of the receipt of the NFFE's position, the parties will meet for the purpose of consulting on the issue. If the EMPLOYER representative's decision on the matter is not acceptable to the NFFE, the NFFE may request that the EMPLOYER submit the case through channels to the Department of the Army for resolution. The EMPLOYER will comply with this request in all cases.

21.2. When the NFFE or the EMPLOYER determines that there is a need to establish additional categories to Appendix J of FPM Supplement 532-1, Subchapter S8-7, or Appendix A, Book 550, FPM Supplement 990-2, for which an environmental differential should be paid, it will notify the other party of the proposed changes and include information showing: 1) the nature of the exposure so as to show clearly that the hazard, physical hardship, or working condition which results from that exposure is of an unusual nature; 2) the degree to which the employee is exposed to the hazard, physical hardship or working condition; 3) the period of time during which the exposure will continue to exist; 4) the degree to which control may be exercised over the physical hardship, hazard, or working condition; and, 5) the rate of environmental differential recommended to be established. Within fifteen (15) days of the receipt of the proposal, the parties will meet for the purpose of developing a joint request to establish the new category. If the parties cannot agree upon a joint request, they may prepare individual proposals for transmittal by the EMPLOYER through channels to the Department of the Army for resolution.

21.3. The EMPLOYER shall notify the NFFE in advance and provide NFFE the opportunity to negotiate as appropriate when there is a proposal to decrease the pay of the employees and a determination that a job or jobs are no longer entitled to environmental differential pay. 

22.1. The EMPLOYER and the NFFE agree that the training and development of employees within the unit is a matter of primary importance to the parties.

22.2. The NFFE may submit suggestions and recommendations to the EMPLOYER concerning trainee programs and the technical content, thereof. The standards adhered to will be consistent with the training needs of the activity.

22.3. The EMPLOYER shall make every reasonable effort to provide assistance, recognition and opportunity for training of employees when the need for training is related to the individual's officially assigned duties or is related to job training opportunities provided for in pertinent regulations and directives relating to training opportunity and availability. Training required by the EMPLOYER will be accomplished at the EMPLOYER's expense.

22.4. Supervisors will, upon request of an interested employee, suggest or identify training that can aid in achieving defined objectives and goals of the employee and EMPLOYER. Available training programs will be discussed with the employee who would normally be eligible for such training. Training courses and materials furnished by the EMPLOYER will be distributed on a fair and equitable basis.

22.5. If an employee is required to train a new employee, the supervisor will give appropriate consideration to the work load requirements imposed on the employee.

22.6. The EMPLOYER agrees to record official training accomplishments of four (4) hours or more in the employee's official personnel folder.

22.7. Employees may avail themselves of training opportunities provided by the Employee Development Program, the College Trainee Program, the Management Development Trainee Program and any other offered training in accordance with applicable regulations.

22.8. If agency training is not available and funds are available, employees with the need to know will be sent to outside schools to provide adequate training. Those employees sent first normally will be those who have primary responsibility for the instruction or repair of the equipment, accessories, and/or systems or activities which is the subject of the training.

22.9. In determining candidates for training of employees of the same grade and position classification for limited openings, those with the earliest date of entrance should be the first considered. In all cases, journeymen or senior level employees should be considered first in selection for training.

22.10. The EMPLOYER, in accordance with existing regulations, may modify an employee's work schedule to assist him/her in undertaking an outside educational program.

22.11. The EMPLOYER agrees that travel to attend training away from the normally assigned work place will be administered in accordance with applicable regulations.

22.12. An employee participating in an EMPLOYER sponsored and approved directed study course may be given related assistance by management to include necessary and reasonable duty time for study when properly authorized and the mission will allow.

22.13. In the case of requirements for personnel to instruct or train other personnel, consideration will be given by management for loss of productivity due to the training efforts.

22.14. The EMPLOYER, in accordance with the intent of PL 95-454 which indicates it is the policy of the Government to retrain employees to avoid separation during reductions in force to prevent loss of knowledge and experience, agrees to make a sincere and reasonable effort to retrain a bargaining unit employee (who may possibly be removed due to reorganization, contracting out, or reduction in force) as a minimum to qualify for a position which is equal in pay to the position to be eliminated. 

23.1. STANDARD WORK WEEK: The standard work week shall consist of forty (40) hours spread over five (5) consecutive eight (8) hour days, Monday through Friday. The standard work week will be the period for which an employee is paid his/her straight-time pay rate. Any change in the hours of work, shifts, or tours of duty will be negotiated with the NFFE, upon request.

23.2. WORK SCHEDULE: If the EMPLOYER proposes to change the work week, the EMPLOYER and the NFFE will meet and negotiate on the new tours, upon request. The EMPLOYER shall give the employee at least ten (10) work days notice prior to the first administrative work week in which the change in tours occurs, except in emergencies and where the mission requires the change.

23.3. ALTERNATIVE WORK SCHEDULES:

a. Employees may request to work an alternative work schedule. Requests should be in writing and submitted to the employee's immediate supervisor who has authority to approve the request. Should an employee's request be denied, the employee will be provided compelling written reasons for the denial, upon request of the employee or his representative. Denials must be based on operational requirements.

b. Alternative work schedules available to unit employees include:

(1) Four-day work weeks.

(2) Three-day work weeks.

(3) The 5-4/9 plan.

(4) Scheduled flexitime.

23.4. SHIFT AND TOUR WORK: Assignment of employees to work such tours will be accomplished on a rotational basis from the employees of the organizational element which has established the irregular tour. Employees working such rotating tours will be given the opportunity, based upon seniority rights as described below, to elect or designate their beginning shift rotation. The selection of employees to be assigned to irregular (fixed) tours of duty will be based on individual employee preferences and qualifications whenever possible. If assignment is required contrary to employee prefe.rences, selection will be made on length of continuous civilian Federal service at the title and grade being staffed in the organizational element which has the responsibility for staffing the irregular tour. The least senior employee(s) in the organizational element with the title and grade of the position(s) established for the irregular tour will be assigned to the irregular tour when sufficient employees do not volunteer for the tour. Unnecessary rotation of employees from shift to shift or tour to tour shall not be practiced. The employee may leave the work area during lunch periods except for employees in a paid lunch period. These tours of work shall consist of a total of eighty (80) hours over a two (2) week period. The days off will be consecutive unless negotiated otherwise with the NFFE. Shift and/or tour schedules will be posted at least ten (10) work days in advance of the assignment, unless there is an emergency mission requirement, then notice will be given as soon as the need is known. An employee will normally have at least sixty-four (64) hours (normal two (2) day "weekend") off between shift and/or tour changes. 

24.1. Employees shall be granted reasonable time for: (1) securing and returning tools, equipment, and supplies; (2) changing clothes when the nature of the duties performed require contact with toxic or dangerous materials or dirty work; and (3) necessary cleaning of their work area. 

25.1. Employees shall be allowed two (2) fifteen (15) minute breaks during an eight (8) hour work day. Employees shall be allowed to take the rest break away from the immediate work site as long as they stay in communication with management.

25.2. Employees who work overtime shall be allowed a fifteen (15) minute break at the beginning of overtime and a twenty (20) minute break during the middle of each consecutive four (4) hour period of overtime work. 

26.1. Recognizing the vitally important contribution suggestions make toward a better, more efficient, and less costly operation, the NFFE shall fully support the Army Suggestion Program as it is implemented in the unit. The NFFE shall demonstrate this support by:

a. Designating a representative to participate, when requested by the chairman, in the deliberation of the Incentive Awards Committee with respect to program planning and evaluation.

b. Periodically and at least semiannually, publishing articles in the NFFE newsletter promoting or explaining the program. 

27.1. EMPLOYEE ASSIGNMENT: When overtime is required, employees normally assigned to the duties performed on such overtime will be allowed to perform the overtime work. Care will be taken to ensure that employees in the same work unit and job classification performing the work during the normal duty hours receive the first opportunity for such work on the basis of equal distribution. In no case will overtime work be assigned to any employee as a reward or punishment.

27.2. DISTRIBUTION: Records showing the overtime distribution shall be maintained according to Army regulations, and all employees shall have an equal opportunity to share in the overtime. When an employee indicates unwillingness to perform overtime, the EMPLOYER shall make every effort to accommodate the employee's request to be excused from overtime work provided that another qualified employee is available for the overtime.

a. Employees will not be required to work overtime when:

(1) An employee has started a scheduled vacation unless the employee volunteers or it is necessary for the employee to perform the duties required and there is no one else available to do the work.

(2) Notified that the employee cannot work overtime because of health

b. Sunday overtime work will be on a voluntary basis unless there is an urgent mission need.

27.3. COMPENSATION: An employee shall be neither compelled nor permitted to w