Engineers and Architects Contract -
Article
|
Title
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Article 1
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Parties to the Agreement
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Article 2
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Union Recognition and Representation
|
Article 3
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Rights of Union Officials
|
Article 4
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Employee Rights
|
Article 5
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Management Rights
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Article 6
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Representation Rights
|
Article 7
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Mid-Term Bargaining
|
Article 8
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Problem Solving
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Article 9
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Grievance Procedure
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Article 10
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Disciplinary/Adverse Actions
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Article 11
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Dues Withholding
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Article 12
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Additional Voluntary Allotment Deductions
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Article 13
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Union Publications and Information and Use of Agency’s Facilities
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Article 14
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Names of Employees and Communications
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Article 15
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Use of Official Government Telephones
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Article 16
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Agency Directives
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Article 17
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Job Category and Career Level Descriptors
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Article 18
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Professional Practices
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Article 19
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Absences Due to Hazardous/Geological/Emergency Situations
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Article 20
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Performance Standards and Appraisals
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Article 21
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Recognition and Awards Program
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Article 22
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Employee Records
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Article 23
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Leave Transfer
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Article 24
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Annual Leave
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Article 25
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Sick Leave
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Article 26
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Leave for Special Circumstances
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Article 27
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Jury Duty and Court Leave
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Article 28
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Holidays
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Article 29
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Excused Absences
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Article 30
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Prenatal/Infant Care
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Article 31
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Child Care
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Article 32
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Contracting Out
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Article 33
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Article 115 - Telework
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Article 34
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Working Hours
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Article 35
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Part-Time Employment
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Article 36
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Pay
|
Article 37
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Back Pay
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Article 38
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Overtime
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Article 39
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National Pay Procedures
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Article 40
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Severance Pay
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Article 41
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Retirement and Benefits Administration
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Article 42
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Competitive Bidding Procedures
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Article 43
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Temporary Promotions
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Article 44
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Temporary Assignments
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Article 45
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Probationary Employee
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Article 46
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Realignment of Work Force
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Article 47
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Reduction-in-Force (
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Article 48
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Technological/Procedural Changes
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Article 49
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Interchange Agreement
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Article 50
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Surveys and Questionnaires
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Article 51
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Personal Property Claims
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Article 52
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Security
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Article 53
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Occupational Safety and Health
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Article 54
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Foul Weather/Personal Protective Equipment
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Article 55
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Priority Consideration
|
Article 56
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Equal Employment
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Article 57
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Employee Assistance Program (EAP)
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Article 58
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Moving Expenses
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Article 59
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Government Travel Charge Card
|
Article 60
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Self-Referral
|
Article 61
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Veterans Rights
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Article 62
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Hardship Transfers
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Article 63
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Workgroups
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Article 64
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Center for Management and Executive Leadership (CMEL)
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Article 65
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Performance |
Article 66
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Travel
|
Article 67
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Training
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Article 68
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FAA Reform
|
Article 69
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Dress Code
|
Article 70
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Parking
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Article 71
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Employee Services
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Article 72
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Calendar Days
|
Article 73
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Substance Testing
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Article 74
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Critical Incident Stress Management (CISM)
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Article 75
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Injury Compensation
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Article 76
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Printing of the Agreement
|
Article 77
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Asbestos
|
Article 78
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Acquired Immuno-Deficiency Syndrome (AIDS)
|
Article 79
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Fare Subsidies for Employees
|
Article 80
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Effect of Agreement
|
Article 81
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Hazardous Duty Pay
|
Article 82
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Aeronautical Center
|
Article 83
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Seniority
|
Article 84
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Disabled Veterans Affirmative Action
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Article 85
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Reopener
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Article 86
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Career Transition Program
|
Article 87
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Flexible Spending Accounts
|
Article 88
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Employee Express
|
Article 89
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FAA Purchase Card
|
Article 90
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Ground Rules
|
Article 91
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Duration
|
Article 92
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Job Sharing
|
Article 93
|
|
Article 94
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Legislative Activities
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Article 95
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Work Assignments Outside of Geological Regions
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Article 96
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Outside Employment
|
Article 97
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Financial Disclosure and Divestiture
|
Article 98
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Internet and Computer Usage
|
Article 99
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Data Security
|
Article 100
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Waiver of Overpayments
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Appendix 1
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FLRA Certification dated
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Appendix 2
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FLRA Certification (Amended) dated
|
Appendix 3
|
Career Level Descriptors and Occupational Series Definition
|
Appendix 4
|
Promotion Criteria
|
Section 1. This
Agreement is made by and between the National Air Traffic Controllers
Association, AFL-CIO (hereinafter "the
Article 2
Union Recognition and Representation
Section 1. The
Agency hereby recognizes the
Section 2. If the bargaining unit described in Section 1
is amended to include other employees, those employees shall be covered by this
Agreement.
Section 3. The Agency agrees to meet/deal at the
national level with the National Officers of the
Section 4. The
Section 5. The normal point(s) of contact for dealing
with issues between the Parties is as follows:
VP/Transition Executive
Level -
Engineers and Architects VP and/or his/her designee(s) and the VP for Technical
Operations/Transition Executive, as appropriate, and/or his/her designee(s).
Service Area Level (Technical Operations) - The Union’s Alternate Vice President
and/or his/her designee(s) and the respective Service Area Director (Technical
Operations) and/or his/her designee(s).
Service Center Level - The Union’s Principal
Representative at the ATO Service Center location and/or his/her designee(s)
and the respective Service Center Manager and/or his/her designee(s).
Aviation System
Standards, Safety and Operations Directorate Level, ATC Facilities Directorate
Level -
The
Regional Level - The
In addition to the
Representatives named above, the
Section 6. The Union representatives specified in the
above Sections of this Article are the only individuals authorized to represent
the
Section 7. During meetings held between the
Section 8. When other qualified employees are available,
a Union Representative or his/her designee shall not be required to temporarily
perform supervisory duties. When a Union
Representative is detailed to a supervisory position, the
Section 9. Unless prohibited by operational conditions,
the Principal Representative and/or his/her designee shall be granted annual
leave, leave without pay (LWOP), compensatory time, or the use of accrued
credit hours at his/her option to attend Union activities.
Section
10. Principal Representatives shall be granted
sixteen (16) hours of excused absence to receive orientation on the meaning of the
Articles of this Agreement. In the event
any of these representatives are officially replaced, his/her successor shall
be granted sixteen (16) hours of excused absence to receive orientation on the
meaning of the Articles of this Agreement.
For other representatives, official time not to exceed eight (8) hours
each shall be granted for on-site briefings, unless prohibited by operational
conditions.
Section
11. If otherwise in a duty status, each Principal
Representative shall be granted official time, not to exceed forty (40) hours,
on a one-time basis, in order to attend the NATCA Representative School for the
mutual benefit of the Union and the Agency.
The
Section
12. Unless prohibited by operational conditions,
each Principal Representative of the
a.
Four
(4) hours per designated representative in each corresponding level as outlined
in Section 5 of this Article. Should
such designated representative be named from outside the respective
organizational unit, only two (2) hours shall be granted.
b.
Such
time shall be summed into a total block for the Principal Representative or
his/her designee to use and/or distribute, as he/she deems necessary, within
the pay period.
This grant of time is exclusive of time provided
for by the Federal Service Labor-Management Relations Statute and other
provisions of this Agreement. When a
Principal Representative elects to delegate from this block of time,
notification of such delegation shall be made in writing to the appropriate
Management official and shall include the name of the designee and the number
of hours delegated. Union
representatives and/or designees will coordinate their release with the
appropriate Management official.
Representatives or their designees who are granted official time may pursue
their representational duties off the premises when on official time, unless
there is a particular reason to anticipate a need for them to resume work. The Representative should notify the
appropriate Management official of his/her intention to leave the premises, and
the Management official may impose some reasonable requirement as to periodic
call-ins or similar communication as a protection against unexpected emergency
need for the Representative's return to duty.
It is understood that official time authorized
under this Section is in the interests of both Management and the
Section
13. For
Section
14. Hearings or conferences held by state or
federal offices and having a direct bearing on or in reference to a specific
facility shall entitle the Principal Representative or his/her designee to
attend by being granted annual leave, LWOP, compensatory time, or accrued
credit hours for said hearings or conferences, unless prohibited by operational
conditions.
Section
15. The amounts of official time contained in
this Agreement may not be increased or decreased. Exceptions to this Section may be agreed to
only by the Parties at the national level.
Section
16. Bargaining unit employees designated by the
Section
17. Any Union official and/or his/her designee
shall be permitted to visit Agency facilities to perform representational
duties, subject to prior notification.
Section
18. The Agency recognizes the right of a duly
recognized Union representative to express the views of the
Article 3
Rights of Union Officials
Section 1. Union officials who are elected or appointed
to serve in an official capacity as a representative of the
Section
2. The Engineers and Architects Vice
President of the
Section 3. Upon completion of a period of LWOP granted
under Section 1 of this Article, the Union official shall be returned to duty
at the facility to which he/she was assigned prior to his/her assuming LWOP
status. In the event there is a
reduction-in-force at that facility while the Union official is in a LWOP status,
the Union official's future duty status and duty location shall be determined
in accordance with Article 47 of this Agreement. By mutual agreement between the Union
official and his/her employing FAA region, he/she may be returned to a duty
station other than the duty station to which he/she was assigned prior to
his/her assuming LWOP status.
Section
4. Upon written notice to the Agency that
need for LWOP granted under Section 1 of this Article has ended, Union
officials shall be permitted to return to duty prior to the termination date of
their LWOP status. Such request for
return to duty shall be certified by the national office of the
Section 5. An employee who is placed on LWOP while
acting in an official capacity on behalf of the
ARTICLE
4
EMPLOYEE
RIGHTS
Section 1. Each employee of the bargaining unit has the
right, freely and without fear of penalty or reprisal, to form, join and assist
the
Section 2. Employee participation in charitable drives
and U.S. Savings Bond campaigns is voluntary.
The Agency shall not schedule mandatory briefings/meetings to discuss
charitable drives/U.S. Savings Bond participation. Employees will be voluntarily excused from
any portion of a briefing/meeting which discusses these subjects. Solicitations may be made, but no pressure
shall be brought to bear to require such participation.
Section 3. The Agency’s nepotism policies shall be
uniformly administered throughout the bargaining unit. Both Parties recognize that maintaining
family integrity is desirable. In those
instances when an employee's spouse holds or accepts a position in another FAA
facility, the Agency will provide priority consideration to the bargaining unit
member for in-grade/ downgrade reassignment through Employee Requested
Reassignment (ERR) for bargaining unit vacancies at or near the spouse's
location before candidates under other placement actions are considered. The Agency retains the right to fill
vacancies from other available sources.
In that such moves are primarily for the convenience or benefit of the
employee, additional travel and transportation costs shall not be allowed for
the spouse beyond those he/she would be entitled to as a family member.
Section 4. Employees shall not be subjected to
prohibited personnel practices as defined in Title 5 USC 2302 (b).
Section
5. FAA regulations on outside employment and
financial interests shall be uniformly administered throughout the bargaining
unit.
Section
6. Bargaining unit employees may have access
to any of the Agency's facilities after prior coordination with the management
of the facility to be visited. Approval
may be restricted for legitimate security or operational concerns.
Section 7. Employees covered by this Agreement shall
have the protection of all rights to which they are entitled by the
Constitution of the
Section 8. In the performance of his/her official
duties, or when acting within the scope of his/her employment, the employee is
entitled to all protections of the Federal Employees Liability Reform and Tort
Compensation Act of 1988, (P.L. 100-694) regarding personal liability for
damages, loss of property, personal injury, or death arising or resulting from
the negligent or wrongful act or omission of the employee.
Section
9. Employees are entitled to a work environment
free from threatening behavior or other misconduct that creates or that may
reasonably be expected to create an intimidating, hostile, or offensive work
environment.
Section
10. There shall be no prohibition on the approval
of an employee’s leave without pay (LWOP) request based solely on the employee
having other types of leave accrued.
ARTICLE 5
MANAGEMENT
RIGHTS
Section 1. In accordance with the provisions contained
in 5 USC 7106, Management rights:
(a) Subject to subsection (b) of this section,
nothing in this chapter shall affect the authority of any management official
of any agency-
(1) to determine the mission, budget,
organization, number of employees, and internal security practices of the
agency; and
(2) in accordance with applicable laws-
(A) to hire, assign, direct, layoff, and retain
employees in the agency, or to suspend, remove, reduce in grade or pay, or to
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 the
agency's operations shall be conducted;
(C) with respect to filling positions, to make
selections for appointments from-
(i) among properly ranked and certified
candidates for promotions; or
(ii) any other appropriate source; and
(D) to take whatever actions may be necessary to
carry out the agency mission during emergencies.
(b) Nothing in this section shall preclude any
agency and any labor organization from negotiating-
(1)
at
the election of the agency, on the numbers, types, and grades of employees or
positions assigned to any organizational subdivision, work project, or tour of
duty, or on the technology, methods, and means of performing work;
(2)
procedures which management officials of the agency will
observe in exercising any authority under this section; or
(3)
appropriate
arrangements for employees adversely affected by the exercise of any authority
under this section by such management officials.
ARTICLE
6
REPRESENTATION RIGHTS
Section 1. When it
is known in advance that the subject of a meeting is to discuss or investigate
a disciplinary, or potential disciplinary situation, the employee shall be so
notified of the subject matter in advance.
The employee shall also be notified of his/her right to be accompanied
by a Union representative if he/she so desires, and shall be given a reasonable
opportunity both to obtain such representation, and confer confidentially with
the representative before the beginning of the meeting. If during the course of a meeting it becomes
apparent for the first time that discipline or potential discipline could
arise, the Agency shall stop the meeting and inform the employee of his/her
right to representation if he/she so desires, and provide a reasonable
opportunity to both obtain representation and confer confidentially before
proceeding with the meeting, if requested.
The
This Section applies to
meetings conducted by all Management representatives, including DOT/FAA
security agents, EEO investigators, and agents of the Inspector General. The above provisions shall apply to meetings
conducted by the National Transportation Safety Board (NTSB) to the extent the
provisions are consistent with NTSB regulations and procedures. Additionally, at the employee’s request, an
employee may be accompanied by a Union representative during an EEO meeting.
Section 2. In an
interview where possible criminal proceedings may result and the employee is
the subject of the investigation, the employee will be informed of the general
nature of the matter (i.e., criminal or administrative misconduct) being
investigated, and, upon request, be informed whether or not the interview is
related to possible criminal misconduct by him/her. The employee will be required to answer
questions only after he/she has been informed that he/she must answer questions
specifically related to his/her job performance or face disciplinary
action. Any answers given under these
circumstances are considered involuntary.
Such answers may not be used against the employee in a subsequent
criminal proceeding, except for possible perjury charges for giving any false
answers while under oath. When a written
declination of criminal prosecution is received from the appropriate authority,
the employee will be provided a copy.
Section 3. As
specifically provided under 5 USC 7114 (a)(2)(A), the Union shall be given
advance notice and the opportunity to designate a representative to attend any
formal discussion between one (1) or more representatives of the Agency and one
(1) or more employees in the unit or their representatives concerning any
grievance or any personnel policies or practices, or other general condition of
employment. The Agency shall advise the
Section 4. By
mutual consent of the Agency, employee, and the
Section 5. A Union
representative, while performing his/her representational duties, will not be
required to disclose information obtained from a bargaining unit employee who
is the subject of an investigation, unless the confidentiality of the
conversation with that employee is waived by the representative, or an
overriding need for the information is established.
ARTICLE 7
MID-TERM BARGAINING
Section 1. It is agreed that
personnel policies, practices, and matters affecting working conditions, not
expressly contained in this Agreement, shall not be changed by the Agency
without prior notice to, and negotiation with the
Section 2. All
bargaining shall be at the national level, except where specifically authorized
by this Agreement or otherwise agreed to by the Parties at the national
level. Agreements reached as a result of
mid-term bargaining may not increase or diminish entitlements expressly
contained in this Agreement or otherwise conflict with any express provision of
this Agreement.
Section 3. Should the Agency
propose a change described in Section 1, thirty (30) days written notice of the
proposed change shall be provided to the
Nothing in this Article
shall be construed as infringing on the
Section 4. If the Parties are
unable to resolve a dispute, the Parties are free to pursue whatever course of
action is available to them under the Federal Service Labor-Management
Relations Statute.
Unless otherwise
permitted by law or this Article, no changes will be implemented by the Agency
until all negotiations have been completed including any impasse proceedings.
Section 5. The
Section 6. The
Section 7. Nothing in this Article
is intended to preclude the Parties from formulating ground rules for mid-term
bargaining issues.
Section 8. The Parties agree that they will not assert,
as a defense to a demand for bargaining over a proposed mid-term change in
conditions of employment, that the proposed change is inseparably bound up with
and thus plainly an aspect of a subject covered by this Agreement, but they may
assert the first prong of the FLRA "covered by" doctrine that the
matter is expressly contained in this Agreement.
Section 9. Except where the Parties have reached
agreements and understandings during the course of the negotiations of this
Agreement, upon the effective date of this Agreement, all memoranda of
agreement; memoranda of understanding; past practices; and other written or
oral agreements whether formal or informal, shall have no force or effect and
shall not be binding on the Parties in any respect. The foregoing applies at the local, regional,
and national levels.
Nothing in this Section shall be construed as a waiver of the
Section 1. The Parties
recognize that the traditional methods of dispute resolution (e.g.,
grievance/arbitration and unfair labor practice charges) are reactive and not
always the most efficient means of problem resolution. The Parties also understand that an early and
open exchange of information is essential to clearly address the concerns or
reservations of each Party. Therefore,
the Parties are encouraged to use the provisions of this Article to seek
resolution of problems through a proactive approach before resorting to other
avenues of dispute resolution.
Section 2. The Parties to this Agreement
support the following technique:
Section 3. Official time, travel and per diem shall be
granted to Union representatives to attend jointly agreed upon
training/briefings on joint problem solving techniques.
ARTICLE 9
GRIEVANCE PROCEDURE
Section
1. A grievance shall be defined as any
complaint:
a.
by
any employee concerning any matter relating to the employment of the employee;
b.
by
the
c.
by
a unit employee or either Party concerning any claimed violation,
misinterpretation, or misapplication of any law, rule, regulation, or this
Agreement affecting conditions of employment.
The Agency recognizes that employees are
entitled to file and seek resolution of grievances under the provisions of the
negotiated grievance procedure. The
Agency agrees not to interfere with, restrain, coerce, or engage in any
reprisal against any employee or Union representative for exercising rights
under this Article.
Section 2. This procedure provides for the timely
consideration of grievances. Except as
limited or modified by Sections 3, 4, and/or 5, it shall be the exclusive
procedure available to the Parties and the employees in the unit for resolving
grievances. Any employee, group of
employees, or the Parties may file a grievance under this procedure. The Parties shall cooperate to resolve
grievances informally at the earliest possible time and at the lowest possible
supervisory level.
Section
3. This procedure shall not apply to any
grievance concerning:
a. any claimed violation of
subchapter III of Chapter 73, Title 5 USC (relating to prohibited political
activities);
b. retirement, life
insurance, or health insurance;
c. a suspension or removal
under Section 7532, Title 5 USC (relating to national security matters);
d. any examination,
certification, or appointment (Title 5 USC 7121 [c][4]);
e. the classification of
any position which does not result in the reduction-in-grade or pay of any
employee;
f.
the
removal of probationers.
Section 4. An employee, who believes that discriminatory
practices have resulted in a prohibited personnel practice/action, as set forth
in Article 4 of this Agreement and applicable statutes, regulations, or
orders/directives, shall have the option of utilizing this grievance procedure
or any other procedures available in law or regulation, but not both.
Section
5. The Parties reserve their rights to all
applicable statutory appeal procedures.
Section 6. Employees are entitled to be assisted by the
Section
7. Grievances
filed by employees:
Step 1. An aggrieved employee's grievance shall be
submitted, in writing on the grievance form, to his/her immediate supervisor
within twenty (20) calendar days of the event giving rise to the grievance or
within twenty (20) calendar days of the time the employee may have been
reasonably expected to have learned of the event. The grievance form shall include:
If requested on the
grievance submission, the Agency shall promptly arrange for a meeting at a
mutually agreeable time, to occur no later than ten (10) calendar days
following the date the employee submitted the grievance. The employee and his/her representative shall
be given a reasonable amount of time to present the grievance.
The Agency Step 1
deciding official shall answer the grievance in writing within twenty (20)
calendar days following the meeting, or within twenty (20) calendar days
following the submission of the grievance. The decision shall be delivered to the
employee and his/her representative or his/her designee. If the grievance is denied, the reasons for
denial will be in the written response. A
grievance filed pursuant to Article 10 of this Agreement may be initiated at
Step 2.
All settlement agreements shall be reduced to
writing.
Step 2. If the employee or the
In disciplinary/adverse
action cases, the Agency Step 2 deciding official shall answer the grievance in
writing within seven (7) calendar days following the meeting, or within seven
(7) calendar days following the submission of the grievance if no meeting is
requested. The decision shall be
delivered personally to the employee and his/her representative or his/her
designee. If personal delivery is not
possible, the Agency shall send the decision via certified mail or other
similar system that requires a signature upon receipt, to the address on file
at the employee's facility. If the
grievance is denied, the reasons for denial will be in the written response.
All settlement agreements shall be reduced to
writing.
Step 3. If the
Section
8. Grievances filed by the
Step 1. In the case of any grievance filed by the
Agency, the Union, or the Union on behalf of the employee(s) at the Director,
Service Center Manager or National level, the moving Party shall submit the
grievance to the respondent at the corresponding level in writing, within
twenty (20) calendar days of the event giving rise to the grievance or within
twenty (20) calendar days of the time the moving Party may have been reasonably
expected to have learned of the event.
The grievance form shall include:
a.
date
of alleged violation and date submitted;
b.
charging
Party;
c.
point
of contact;
d.
the
aggrieved employee(s), if applicable;
e.
issue(s)/subject;
f.
statement
of facts (e.g., who, what, where, when);
g.
alleged
contractual provision(s) violated. This is not meant to be all inclusive;
h.
remedy
sought;
i.
whether
or not a meeting is requested.
If requested on the
grievance submission, the respondent shall promptly arrange for a meeting at a
mutually agreeable time and place, to occur no later than ten (10) calendar
days following the date of submission of the grievance. The Representative shall be given a reasonable
amount of time to present the grievance. The respondent shall answer the grievance in
writing within twenty (20) calendar days following the meeting, or within
twenty (20) calendar days following the submission of the grievance. If the grievance is denied, the reasons for
denial will be in the written response.
In disciplinary/adverse
action cases, the Agency deciding official shall answer the grievance in
writing within seven (7) calendar days following the meeting, or within seven
(7) calendar days following the submission of the grievance if no meeting is
requested. If the grievance is denied,
the reasons for denial will be in the written response. The decision shall be delivered personally to
the moving Party or his/her designee. If
personal delivery is not possible, the Agency shall send the decision via
certified mail or other similar system that requires a signature upon receipt
to the
Step 2. If the moving Party
is not satisfied with the decision, they shall advise the respondent at the
National level by certified mail or other similar system that requires a
signature, they desire the matter to be submitted to arbitration, within thirty
(30) days following the receipt of the respondent's answer or the date the
answer was due. Within thirty (30)
calendar days after receipt of the request, an arbitrator shall be selected
from the panel by the Parties or by alternately striking names until one (1)
remains or as otherwise mutually agreed. The grievance shall be heard by the arbitrator
as promptly as practicable on a date and at a site mutually agreeable to the
Parties.
Section 9.
The
Parties shall create a panel of ten (10) mutually agreeable arbitrators in each
ATO Service Area. Arbitrators selected
for panels must also agree to hear National and expedited arbitration cases. Within sixty (60) days from the effective
date of this Agreement, the Parties shall meet for the purpose of selecting
arbitrators for the remainder of the current calendar year. Thereafter, the Parties shall meet no later
than ninety (90) days prior to the end of the calendar year for the purpose of
selecting arbitrators for the next calendar year.
An arbitrator on the panel may be removed from
the list by either Party by giving a thirty (30) day written notice to the
arbitrator with a copy to the other Party. Upon receipt of written notice, no further
cases will be assigned to that arbitrator, but the arbitrator will hear and
decide any case(s) already assigned to him/her. Additionally, the Parties may mutually agree
to remove an arbitrator from the panel at any time. In any case where an arbitrator has been
removed, another arbitrator shall be mutually selected to fill the vacancy.
The arbitrator's fees
and expenses of arbitration shall be borne equally by the Parties. The Parties must mutually agree to any postponement
or cancellation of any scheduled arbitration hearing. Unless mutually agreed upon, any costs
associated with the cancellation of an arbitration will be borne by the
canceling Party. If a verbatim
transcript of the hearing is made and either Party desires a copy of the
transcript, that Party will bear the expense of the copy or copies they obtain.
The Parties will share equally the cost
of the transcript, if any, supplied to the arbitrator.
Section 10. The Union advocate, if an employee of the FAA,
shall be granted sixteen (16) hours of official time for preparation for the
hearing. Additional release time may be
granted, unless staffing and workload do not permit. Such time may be annual leave, earned
compensatory time, earned credit hours, leave without pay, or a combination
thereof. The grievant and/or the Union
advocate shall be given a reasonable amount of official time to present the
grievance. FAA employees who are called
as witnesses shall be in a duty status, if otherwise in a duty status,
including reasonable travel time. The
Agency agrees to adjust the schedules of witnesses to allow them to appear in a
duty status. The Parties will exchange
lists of potential witnesses to an arbitration hearing fourteen (14) days prior
to the scheduled hearing. Each Party
shall bear the expense of its own witnesses who are not employed by the FAA, or
who are not located at that duty location where the grievance arose.
The Agency agrees to
make every reasonable effort to produce witnesses requested by the
Section 11.
Expedited
arbitrations:
The hearing shall be
conducted as soon as possible and shall be informal in nature. There shall be no briefs, no official
transcripts, no formal rules of evidence, and the arbitrator shall issue a
decision as soon as possible, but no later than five (5) calendar days after
the official closing of the hearing unless otherwise agreed between the
Parties. Determinations as to whether
expedited arbitration shall be utilized in cases other than
disciplinary/adverse actions shall be based on the facts and circumstances of
each case; however, only those grievances where the passage of time would
preclude a remedy or result in irreparable harm are subject to this expedited
procedure.
Disagreements as to
whether an issue is appropriate for this expedited procedure shall be referred
to the arbitrator for decision.
Section 12.
The
arbitrator shall confine himself/herself to the precise issue(s) submitted for
arbitration and shall have no authority to determine any other issue(s) not so
submitted to him/her.
Section 13.
Failure
of the moving Party to proceed with a grievance within any of the time limits
specified in this procedure shall render the grievance void or settled on the
basis of the last decision given by the respondent, unless an extension of time
limits has been agreed upon. Failure of
the respondent to render a decision or conduct a meeting within any time limits
specified in this procedure shall entitle the moving Party to progress the
grievance to the next step without a decision.
Any time limits contained in this Article may be extended by mutual
agreement of the Parties.
Section 14. The Parties may, by mutual agreement,
stipulate the facts and the issue(s) in a particular case directly to an
arbitrator for decision without a formal hearing. Argument will be by written brief.
Section 15.
Questions
as to whether or not a grievance is on a matter subject to the grievance
procedure in this Agreement or is subject to arbitration shall be submitted to
the arbitrator for decision.
Section 16.
In
the handling of grievances under this Article and where law and OPM regulations
permit, the
Section 17. The Parties retain
their rights under Title 5 USC 7122 and 7123.
ARTICLE 10
DISCIPLINARY/ADVERSE
ACTIONS
Section 1. This
Article covers actions involving oral and written admonishments, written
reprimands, suspensions, removals, reductions-in-grade or pay, or furloughs of
thirty (30) days or less for reasons other than a lapse in Congressional
appropriations. Involuntary
reassignments will only be made to promote the efficiency of the service, and
will not be made to discriminate or punish, or for any reason that would
violate law, rule, regulation, or this Agreement.
This Article does not
apply to the removal of probationers.
Section 2. When the
Agency decides that corrective action is necessary, consideration should be
given to the application of measures which, while not disciplinary, will
instruct the offending employee and/or remedy the problem. When it is determined that discipline is
appropriate, informal disciplinary measures should be considered before taking
a more severe action. However, it is not
necessary to have taken an informal disciplinary measure before administering a
formal measure.
Section 3. Disciplinary/adverse actions shall not be
taken against an employee except for such cause as will promote the efficiency
of the service. Any action taken by the
Agency shall be supported by a preponderance of the evidence.
Section
4. An employee's off-duty misconduct shall
not result in disciplinary action, unless a nexus can be shown between the
employee’s off-duty misconduct and the efficiency of the service. Any proposed action for off-duty misconduct
will contain a statement of the nexus between the off-duty misconduct and the
efficiency of the service.
Section 5. All
facts pertaining to a disciplinary/adverse action shall be developed as
promptly as possible. Actions under this
Article shall be promptly initiated after all the facts have been made known to
the Agency.
Section 6. Except for oral and written admonishments and
written reprimands, the following procedures will be used to take
disciplinary/adverse actions:
a.
The
Agency shall give the employee written notice proposing the action. The notice period shall be at least fifteen
(15) days for disciplinary actions and at least thirty (30) days for adverse
actions unless there is reasonable cause to believe the employee has committed
a crime for which a sentence of imprisonment may be imposed. The notice must state the specific reasons
for the action.
b.
The
employee has the opportunity to reply to the notice orally and in writing
within fifteen (15) days from the date the employee receives notice proposing
the action. However, if the action is taken under the
“crime provision,” the employee is entitled to a reasonable amount of time but
not less than seven (7) days to reply.
The Agency shall
consider the employee’s reply, and then give the employee a written decision
concerning the proposed action.
Section 7. In addition to the provisions of Section 6,
the following provisions are applicable to cases of reduction in grade or pay,
or removal for unacceptable performance:
a.
If
the final decision is to sustain the proposed removal or downgrade, the
decision letter must specify the instances of unacceptable performance on which
it is based. The decision may only be
based on those instances of unacceptable performance which occurred within one
(1) year prior to the date of the written notice described in Section 6.
b.
If,
because of performance improvements by the employee during the notice period,
the employee is not reduced in grade or removed, and the employee’s performance
continues to be acceptable for one (1) year from the date of the written notice
described in Section 6a, any entry or other notation of the unacceptable
performance for which the action was proposed shall be removed from the
employee’s Official Personnel File (OPF) and Employee Performance File (EPF).
Section 8. No advance written notice is required for the
issuance of a written reprimand. The
reprimand must state the specific reasons for the action. The employee may present an oral or written
reply within fifteen (15) days of receipt of the reprimand. The Agency will consider the employee’s reply
and notify the employee in writing of the decision. If the reprimand is sustained, a copy of it,
along with the employee’s written reply, will be placed in the employee’s
Official Personnel File in accordance
with Article 22 of this Agreement.
Section 9. An
employee against whom disciplinary/adverse action is proposed under this
Article shall have the right to a copy of all the information relied upon to
support the proposal.
Section 10.
Management’s action may not be sustained if a harmful error is shown.
Section 11. In the
event of a furlough for reasons other than a lapse of Congressional
appropriations, the Parties agree to negotiate as appropriate.
Section 12. The
employee and the Union representative shall be granted a reasonable amount of
duty and official time of up to sixteen (16) hours, if otherwise in a duty
status, in cases involving removal, reduction-in-grade or pay, furloughs of
thirty (30) days or less for reasons other than a lapse in Congressional
appropriations, or suspensions of more than fourteen (14) days; of up to eight
(8) hours in other cases for preparation and presentation of answers to
proposed actions under this Article. The
duty and official time authorized in this Section may be extended upon request.
Section 13. Letters
of confirmation of discussion shall not be considered disciplinary in nature,
but may be used to document future disciplinary actions, provided the employee
has been given a copy upon completion.
If a letter of confirmation of discussion is prepared, a copy will be
provided to the employee as soon as practicable after the discussion.
Section 14. Although
not exhaustive, the Agency's table of penalties should be used, when
applicable, as a guide to determine an appropriate penalty. If applicable, appropriate penalties for
offenses unlisted in the table of penalties may be derived by comparing the
nature and seriousness of the offense to those listed in the table, the
employee's previous history of discipline, and other relevant factors in each
individual case. In assessing penalties,
consideration will be given to the length of time that has elapsed from the
date of any previous offense. As a
general guide, a two (2) year time frame should be used in determining
freshness.
Section 15. In
making its determination that disciplinary/adverse action is necessary and when
determining the appropriateness of a penalty, the Agency shall consider the
factors as outlined in Douglas v. Veterans Administration, 5 MSPB 313 (1981).
Section
16. Any notification to an employee which is not
made personally shall be accomplished by regular mail and other verifiable
delivery such as certified mail return receipt requested or Federal Express.
Section
17. An employee against whom a disciplinary/adverse
action is taken may grieve that action under Article 9 of this Agreement, or
any other applicable statutory procedure, but not both.
Section
18. The Agency shall brief all employees on the
provisions of the Conduct and Discipline Manual annually.
ARTICLE 11
DUES WITHHOLDING
Section
1. Payroll Deductions
(1)
First year members: An
SF-1188 may be filed anytime by an employee during the thirty (30) calendar-day
period beginning forty-five (45) days prior to the anniversary date of his/her
first dues withholding and ending fifteen (15) days prior to the anniversary
date. It is the employee's
responsibility to ensure timely filing of his/her revocation forms. Revocation forms shall only be accepted by
the Agency during this time period. The
payroll office shall notify the
(2)
All other members: March 1
shall be the annual date for all revocations of Union dues. The employee must complete and submit an SF-1188
to the Agency between the dates of January 1 to January 31 of any given
year. Upon receipt of a valid revocation
form completed and signed by the employee, the appropriate Agency payroll
processing center shall discontinue withholding the dues from the employee's
pay effective only with the first full pay period which begins after the
following March 1. The payroll office
shall notify the
Section
3. Union Responsibilities
(1)
If
the amount of regular national dues is changed by the
(2)
The
Union agrees to give prompt, written notification to the appropriate payroll
office within one (1) pay period, in the event an employee having dues deducted
is suspended or expelled from membership in the Union, so that the employee
allotment can be terminated.
(3)
Immediate
written notification will be provided to the Director, Office of Labor and
Employee Relations, of any changes to the address or bank routing number for
NATCA Headquarters where the electronic transfer for the total amount of dues
deducted is sent.
(1)
Automatically
generate in the remarks section of the employee's Notification of Personnel
Action (SF-50) the statement "Continue Dues Withholding, If
Applicable".
(2)
Provide
the SF-50 to the gaining payroll technician within the next pay period of the
effective date the employee moves from one bargaining unit position to another.
(3)
Generate
a tickler record every pay period listing the employees for whom the preceding
remark was generated.
(4)
In
the event that dues are discontinued erroneously, the Agency shall
automatically reinstitute previously submitted SF-1187 on the dropped
employee's behalf. The Agency shall be
responsible for reimbursing the
c.
The
Agency shall terminate dues withholding, as soon as practicable, when an
employee leaves a bargaining unit position, either temporarily or permanently,
by effecting the following actions:
(1)
Automatically
generate in the remarks section of the employee's Notification of Personnel
Action (SF-50) the statement "Employee Has Left Bargaining Unit; Terminate
Dues Withholding, If Applicable".
(2)
Provide
the SF-50 to the gaining payroll technician within the next pay period of the
effective date the employee leaves the bargaining unit position.
(3)
Generate
a tickler record every pay period listing the employees for whom the preceding
remark was generated.
In the event that an
employee’s dues are continued erroneously due to the action or inaction of the
Agency, the Agency shall be responsible for reimbursing the employee,
consistent with the provisions of Section 2c of this Article.
ARTICLE 12
ADDITIONAL
VOLUNTARY ALLOTMENT DEDUCTIONS
Section 1. In addition to the regular deductions
authorized by Agency directives for national and local Union dues, the Agency
shall permit employees to voluntarily designate two (2) additional allotments
from their pay, for their programs sponsored by the Union, provided said
allotments are for a lawful purpose as permitted by 5 CFR 550.311(b).
Section 2. An employee electing to have a voluntary
deduction would complete a voluntary deduction election form. On this form the employee would designate the
institution and the amount he/she elects to have regularly deducted from his/her
pay and forwarded to the
Section 3. The
Section 4. At the payroll processing center, the payroll
technician will again review the form for completeness. Following review, the form would be entered
into the Agency’s payroll system. Upon
entry, the data would be edited to ensure that:
a. a record for the
employee exists on the Employee Master Record; and
b. the amount being
withheld does not exceed $5,000.
These actions would be completed by the end of
the pay period following the pay period in which the document was received.
Section 5. Upon entry and acceptance of the above data
into the Agency’s payroll system, the amount designated will be withheld each
pay period from the employee's salary.
The Agency’s payroll system will accumulate all amounts withheld per pay
period and prepare and forward to the Treasury Disbursing Office a Standard
Form 1166 (SF-1166), Voucher and Schedule of Payments, for a single payment in the
amount of the total accumulated deductions.
In addition, the Agency’s payroll system will generate and forward to
the
Section 6. Responsibilities.
a. Employee
(1)
Completes
voluntary deduction election form designating the institution and amount to be
regularly withheld.
(2)
Ensures
that the deduction has been initiated and is for the correct amount on his/her leave
and earnings statement.
b. The
(1)
Verifies
employee's eligibility to elect voluntary deduction.
(2)
Forwards
all validated election forms to the employee's payroll processing center.
(3)
Promptly
notifies the payroll processing center when an employee is no longer eligible
to participate in the program.
(4)
Provides
refunds to employees for amounts erroneously deducted.
c. Payroll Processing
Center
(1)
Promptly
processes all voluntary deduction election forms and cancellation requests.
(2)
Informs
employee of any problems with processing the voluntary deduction.
(3)
Returns
to the
d. Payroll Operations
Branch
(1)
Ensures
voluntary deductions are withheld by the Agency’s payroll system and are
remitted to the
(2)
Verifies
amounts withheld by Agency’s payroll system and remitted to the
Section 7. Miscellaneous.
a. Employees are eligible
to elect and/or cancel a voluntary deduction to the
b. In order of precedence,
voluntary deductions for the
c. Payroll processing
centers will be responsible for canceling and reestablishing the voluntary
deduction when an employee transfers between payroll processing centers.
ARTICLE 13
UNION PUBLICATIONS AND
INFORMATION
AND USE OF AGENCY'S FACILITIES
Section 1.
The Agency, at the request of the Union, shall provide a separate
bulletin board if one does not already exist for posting of Union materials in
non-work area locations within the unit in
areas frequented by bargaining unit employees.
A locking glass cover may be installed on the Union bulletin board at
Union expense. Additional bulletin
boards shall be allowed at Union expense.
The Parties at the local level will determine the exact locations, and
sizes of the Union bulletin board(s).
Section 2.
The Agency agrees to provide Union Representatives reasonable access to
designated FAA telephone lines, teleconference capabilities if available, copy
machines, computers, printers and fax machines where available. This equipment may be used for processing
grievances, unfair labor practices or other representational matters arising
under the Agreement. Government lines
and equipment shall not be used for internal Union business.
Section 3.
In facilities where unused suitable space is available, the
Section 4.
If a Union mail receptacle does not presently exist, the Agency shall
permit the
Section 5.
Bargaining unit employees shall be allowed a lockable space in their
work area to protect personal items. In
work locations where duplicate keys to employees’ desks, lockers, files, etc.
exist, these keys shall be kept in a secure location with restricted
access. It is understood that project
and work-related material are accessible to Management at all times. Except in extenuating circumstances, access
will not occur in the absence of the employee.
Section 6. The Agency shall approve the
Section 7. When a Union representative is performing
representational duties under this Agreement, the Agency shall make every
reasonable effort to provide meeting space that will protect the
confidentiality of any discussion.
Section 8.
Union representatives may mail material to Management officials through
the FAA internal mail system. In those facilities where the
Section 9.
The Agency shall provide mail slots/boxes/inboxes for all employees. Employees shall not be required to share
slots/boxes/inboxes. The
Section 10.
In those cases where, due to work assignment, an employee is unavailable
to retrieve his/her mail, the Agency will forward it directly to the employee
at the location designated by the employee, at least once a week.
Section 11.
If available, Union Representatives may use the FAA electronic mail
system to communicate within the FAA and the
This media shall not be used for:
Section 12.
The
ARTICLE 14
NAMES OF
EMPLOYEES AND COMMUNICATIONS
Section 1. The Agency at the local level shall notify
the
Section
2. Within thirty (30) days of the
Section
3. At the end of the first full pay period
of each month, the Agency shall furnish the Union's National office with a
computer disk or sent in an electronic format containing the following
information concerning employees in the bargaining unit: name, an identifier
unique to the individual, Entry on Duty (EOD) FAA Date, EOD Facility Date, FLSA
Code, Work Schedule Code, year of birth, classification title, grade, and duty
station.
Section
4. The Agency agrees to permit the
Article 15
Use of Official Government Telephones
Section 1.
In accordance with GSA guidelines, the use of
government telephones in the workplace will not be unreasonably restricted.
Section 2. If an employee traveling on government
business is delayed by business or transportation problems, the Agency agrees
to permit the employee to make a brief call to his/her residence via government
provided service, if available, or receive reimbursement in accordance with the
FAA Travel Policy (FAATP) if notification is made via commercial provided
service.
Section 3. When an employee is in a travel status for
two (2) or more consecutive nights, he/she will be authorized one (1) brief
call to his/her residence each day during non-duty periods via government
provided service, if available. If
government provided service is not available, each employee will be reimbursed
for no more than two (2) calls to his/her residence over the commercial long
distance network per week (or each seven [7] day period for longer trips). Calls via commercial provided service will be
reimbursed in accordance with the FAATP.
Section 4. The Agency shall accept collect calls of an
emergency nature from employees. When
the Agency directs the employee to call, the Agency shall bear the expense of
such call(s).
Section 5. When it is known in
advance that one (1) or more persons will be on the line for any reason, all
parties to the call shall be advised prior to the conversation. If during a telephone call one (1) or more
persons come onto the line for any reason, the other party to the call shall be
advised immediately of this fact. This
requirement applies to persons listening on telephone extensions or to speaker
phones.
Section 6. Where required by law,
all telephone lines which are being recorded will be equipped with such warning
devices as specified by law.
Section 7. The Agency shall notify
employees of all recorded outside telephone lines within their facilities.
Section 8. When a telephone call is
being made under the provisions of this Agreement, the telephone line shall not
be monitored.
Article 16
Agency Directives
Section 1. Agency directives shall
be maintained and/or available electronically at the local level. Agency directives shall be made available
during normal administrative office hours for use by unit employees.
After normal
administrative hours, the Agency shall make every reasonable effort to make
such information available to the local representative or his/her
designee. Manuals may not be removed
from the facility. When the facility has copying equipment, the Union shall
have the right to copy such material for representational purposes at no cost
to the
Section 2. The National and
Engineers and Architects Vice President offices of the Union shall remain on
the
Section 3. The Agency shall annually provide the
National and Engineers and Architects Vice President offices of the
Article 17
Job Category and Career Level Descriptors
Section 1.
The Parties at the national level shall
discuss and review all bargaining unit job category and career level
descriptors annually.
Section 2.
Each employee covered by this Agreement shall
be provided a job category and career level descriptor that accurately reflects
the duties of his/her position. Job
category and career level descriptors shall be consistent throughout the Agency
for bargaining unit employees of the same series performing the similar
function. If an employee believes that
his/her job category and/or career level descriptor(s) are not accurate, he/she
may request a review by the appropriate supervisor and be assisted by a Union Representative. A dispute regarding the accuracy of an
employee's job category and/or career level descriptor(s) may be handled under
Article 9 of this Agreement.
Section 3.
An employee shall not normally be required to
perform duties that do not have a reasonable relationship to his/her job category
and career level descriptors. When it
becomes necessary to assign duties that are not reasonably related to the
employee’s job category and/or career level descriptors and are of a recurring
nature, the job category and/or career level descriptor(s) shall be amended to
reflect such duties.
Section 4. All proposed changes to the job category and
career level descriptors of bargaining unit employees shall be forwarded to the
ARTICLE 18
PROFESSIONAL
PRACTICES
Section 1. The Parties agree that it is in the best
interest of the government and the employee to promote professional activities
and practices that enhance the employees’ skills and promotes a positive public
image of the FAA as a technically proficient organization.
Article
19
ABSENCES
due to Hazardous/
Geological/emergency
situations
Section 1. All employees covered by this Collective
Bargaining Agreement (CBA) provide essential Federal services. Given the critical nature of FAA
responsibilities, employees are expected to make every reasonable effort to be
at work; however, they are not expected to disregard their personal safety or
that of their family.
Once every reasonable effort has been made to
report for work and an employee is unable to do so, he/she shall notify their
facility as soon as possible and an immediate determination will be made as to
whether the employee is granted excused absence. To assist in making the initial
determination, an employee, if requested, shall orally provide information that
supports his/her inability to report for work.
Examples of information are:
a. conditions that the employee encountered;
b. a synopsis of efforts made, including number
of attempts made, distance and route between residence and work, mode of
transportation used; and
c. other information which provides an
explanation or which shows a hazardous weather or emergency condition prevented
the employee from reporting to the facility.
If the initial determination is to deny the
request for excused absence or only approve excused absence for a portion of a
shift, the employee shall continue to make every reasonable effort to report
for work and the absence/tardiness will be charged to annual leave, accrued
compensatory time, or accrued credit hours, at the election of the employee.
Section 2.
Upon returning to duty, an employee may
request reconsideration if the Agency had denied an employee’s request for
excused absence. The Agency shall
consider reports from the employee, civil authorities, meteorological
information, news media, official road reports, leave approvals, arrival time,
the number of other employees traveling under similar conditions, and reduced
staffing or closings at other mission critical government facilities. If the Agency reverses its initial decision
the absence will be documented as an excused absence.
Section 3. The Agency may authorize an early dismissal
of employees during periods of hazardous weather or emergency conditions. Upon a determination that some or all
employees can be spared, on-duty bargaining unit employees shall be released on
excused absence as soon as staffing and workload permit. Volunteers to remain on duty shall be utilized
to the extent possible.
Section 4. At facilities not in continuous operation,
the Agency shall establish procedures that employees will use to notify the
Agency in the event that they are unable to report on the opening shift. Included in those procedures will be the
method the Agency will use to notify employees in the event that they are not
required to report for duty due to hazardous/geological/emergency situations.
ARTICLE
20
PERFORMANCE
STANDARDS AND APPRAISALS
Section 1. Performance appraisals shall be based only on a
written comparison of actual performance against written standards for the
duties and responsibilities in the Job Documentation. A copy shall be provided to the employee
within fifteen (15) days of the employee’s signature on the performance
appraisal form. Grievance time limits
shall not begin until the day after the employee receives his/her copy of the
final signed document. For a given
position, performance standards shall be uniform throughout the bargaining
unit.
Section 2. The Parties agree that performance standards
are written for the primary duties and responsibilities described in the
assigned Job Documentation and must be used as the only basis for comparing the
employee’s actual job performance against the requirements (duties and
responsibilities) of the position.
Section 3. The Parties agree that methods for addressing
performance are intended to acknowledge employees whose performance is
acceptable and to help those employees whose performance has been determined to
be unacceptable improve their performance.
Section
4. The employee’s signature, after the
review of his/her performance evaluation, indicates that he/she has reviewed
the completed appraisal record and that it has been discussed with him/her. The employee’s signature shall not be taken
to mean that he/she agrees with all the information or that he/she forfeits any
rights of review or appeal. The employee
may make comments in the remarks section or attach them on a separate page.
Section 5. At any time during the performance appraisal
cycle that an employee’s performance is determined to be unacceptable in one
(1) or more critical elements, the employee’s supervisor shall notify the
employee, in writing, of the critical element(s) for which performance is
unacceptable and inform the employee of the performance requirement(s) or
standard(s) that must be attained in order to demonstrate acceptable
performance in his/her position. The
supervisor should also inform the employee that unless his/her performance in
the critical element(s) improves to and is sustained at an acceptable level,
Management may either reassign the employee to another position where
Management believes acceptable performance can be achieved, demote the
employee, or remove the employee from the FAA.
When the
employee’s performance is unacceptable the Agency shall afford the employee a
reasonable opportunity, in no case less than ninety (90) days, to demonstrate
acceptable performance.
As part of the employee’s opportunity to
demonstrate acceptable performance, the supervisor shall write a plan which
identifies what the employee must do to improve his/her performance to be
retained in the job and what the Agency will do to assist the employee.
At least once every thirty (30) days during the
period for improving performance, the supervisor shall provide the employee
with a written review identifying the employee’s progress and identifying any
areas still needing improvement. Additionally,
the supervisor shall include specific recommendations of methods and means of
improving that the employee may use to attain an acceptable level of
competence.
After successful demonstration of acceptable
performance the supervisor shall provide the employee with a written statement
indicating that he/she has achieved an acceptable level of competence.
Section 6.
The use of authorized official time and
approved absences for labor relations and other activities shall not be a
factor in employee performance appraisals.
Section 7.
All proposed changes to
the performance standards of bargaining unit employees shall be forwarded to
the
ARTICLE 21
RECOGNITION
AND AWARDS PROGRAM
Section
1. The Parties agree that the use of awards
is an excellent incentive tool for increasing productivity and creativity of
bargaining unit employees by rewarding their contributions to the quality,
efficiency, or economy of government operations. The Agency agrees to consider granting a cash,
honorary, or informal recognition award, or grant time off without charge to
leave or loss of pay to an employee individually or as a member of a group.
Section
2. The Parties agree the following list is
meant to be an example of contributions that may be worthy of recognition, but
is not all inclusive:
a.
adoption
or implementation of a suggestion or invention;
b.
significant
contributions to the efficiency, economy, or improvement of government
operations;
c.
exceptional
service to the public, superior accomplishment, or special act or project on or
off the job, and contributions made despite unusual situations;
d.
recurring
exemplary service; e.g., performance throughout the year that consistently
exceeds expectations and contributes to FAA goals and objectives;
e.
exceptional
customer service or contributions which promote and support accomplishment of
the organization’s missions, goals, and/or values;
f.
creative
or innovative methods used to make work processes or results more effective and
efficient; or
g.
productivity
gains.
Section
3. An award may be granted to a separated
employee or the legal heir(s) or estate of a deceased employee.
Section 4. The Agency will inform the
Section
5. The Agency shall notify the Principal
Representative or his/her designee, in writing, when a bargaining unit employee
receives an award. At a minimum, the
notification shall include the employee’s name, type, and amount of award.
Section
6. The Parties at the facility level agree
to meet annually to discuss the recognition and awards program at the local
level.
Section
7. The awards program shall not be used to
discriminate against employees or to effect favoritism.
ARTICLE 22
Section 1.
Material
placed in an employee's Official Personnel File (OPF), Employee Performance
File (EPF), Medical, Security, Training folder or other DOT/FAA file(s) shall
comply with Federal Personnel Manual requirements and shall be maintained in
accordance with the applicable provisions of the Privacy Act and its
implementing regulations and this Agreement.
This includes those files maintained at the employee's facility. Those records maintained by the Agency under
a system of records pursuant to the Privacy Act shall be the only records kept
on the employee. Where required by law,
rule or regulations, any material which becomes a part of the employee's
records shall bear the signature of the person originating the material. The employee shall be given copies of all FAA
initiated material which is placed in his/her OPF and/or EPF. Copies of materials in other FAA files may be
obtained in accordance with Section 10 of this Article.
Section
2. There shall be maintained
only one OPF and EPF for each employee in the bargaining unit. The OPF and EPF shall be secured in a
location consistent with applicable law and regulation. The employee and his/her designated
representative are entitled to review his/her OPF, EPF, Medical, Security,
Training folder or DOT/FAA file in the presence of a management official,
provided access to that information is in accordance with the applicable
provisions of the Privacy Act and other applicable law, rule, or regulation.
Section 3.
Upon
an employee's written request, a true and certified copy of his/her OPF, EPF,
Medical, Security, Training folder, or other DOT/FAA file and its contents,
shall be forwarded to the address as requested by the employee, except for
material restricted by law, rule or regulation.
This shall be in electronic format or hard copy, at the election of the
employee. This shall normally be
accomplished within thirty (30) days of the receipt of the request, except when
the folder is needed elsewhere for official Agency business. In those cases, the employee will be notified
why the file was not available.
Section
4. Letters of reprimand and documents
related to them shall be retained in the OPF for no more than two (2)
years. If at the end of one (1) year it
is decided that it is no longer warranted, the reprimand and related documents
shall be removed. In the event a letter
of reprimand is ruled by appropriate authority to have been unjustly issued,
the reprimand and related documents shall be removed immediately and
destroyed. Any reference to a letter of
reprimand which has been expunged from the OPF must be removed from any other
record.
Section 5.
Access
to an employee's OPF/EPF, Medical, and Security file(s) shall be granted to
other persons only as authorized by law and OPM regulation. The Agency shall maintain a log of all
persons, outside the Civil Aviation Security and Human Resource Management
offices, who have accessed an employee's OPF/EPF or Security file in the
performance of their duties. If no such
log currently exists, it will be generated and filed in the employee's OPF/EPF
or Security file at the time the first request for access to his/her file is
received and granted. This includes
those files maintained at the employee's place of employment except for
personnel who routinely maintain the files.
Upon written request, the employee shall be permitted to review the log
and make a copy in the presence of a management official.
Section
6. An employee, pursuant to OPM regulations,
may request that a record maintained by the Agency be corrected or amended if
he/she believes the information is incorrect.
The Agency will advise the employee within fifteen (15) days of its
determination concerning the employee's request. An employee who attempts unsuccessfully to
correct or amend a record maintained by the Agency will be advised of the
reasons for the refusal and may have a statement of disagreement placed in
his/her folder.
Section 7.
In accordance with 5 USC 552a, any disclosure of an employee's record,
containing information about which the individual has filed a statement of
disagreement, the Agency shall clearly note any portion of the record which is
disputed and also provide copies of the employee's statement and, if
appropriate, the Agency's reasons for not making the amendments.
Section 8.
Personal records, notes, or diaries maintained by a supervisor with
regard to his/her work unit or employees are merely extensions of the
supervisor's memory, and may be retained or discarded at the supervisor's
discretion. Such notes are not subject
to the provisions of the Privacy Act so long as the following conditions are
met:
a.
They
are kept and maintained for the supervisor’s personal use only.
b.
They
are not circulated to anyone else, including secretarial staff or another
supervisor of the same employee.
c.
They
are not under the control of the FAA in any way or required to be kept by the
FAA.
d.
They
are kept or destroyed solely as the supervisor sees fit.
Such records, notes or
diaries are not to be regarded by the supervisor as a "secret black
book" to use against employees (i.e., notes should include the praiseworthy
acts of employees as well as problems).
They are to be current and pertinent to help focus on meaningful issues
when counseling, evaluating performance, assisting in career development, and
similar day-to-day responsibilities and should include the praiseworthy acts of
employees as well as problems.
Such records, notes or
diaries shall not be used as a basis to support the following:
a. a performance evaluation
of less than fully successful;
b.
the
denial of a promotion;
unless the employee has been shown and provided
a copy of such documentation within a reasonable period of time, not to exceed
thirty (30) days from the incident giving rise to the notation. If an employee is shown a note, record or
diary as part of the administrative process, he/she shall be given the
opportunity to submit a written response contesting the information contained
therein.
Section 9. In
the event an employee is the subject of a security investigation and such
investigation produces a negative determination, any information or documents
obtained and made a part of the Security file shall not be released or shared
without the express written authorization of the employee, except pursuant to 5
USC 552a(b) and 5 CFR 297.401.
Section 10.
Each employee, upon written request, and/or his/her designated
representative upon written authorization, shall be allowed, in the presence of
a management official, to copy information contained in the OPF/EPF, Medical,
Security, Training folder or other DOT/FAA file, with the exception of records
restricted by law or regulation.
ARTICLE 23
LEAVE
TRANSFER
Section 1. The Parties agree with the leave transfer
program, which provides for the voluntary transfer of unused accrued annual and
sick leave from a leave donor for use by an approved leave recipient.
Section 2. An employee may make a written application to
the Agency to become a leave recipient.
If an employee is not capable of making an application on his or her own
behalf, a personal representative of the potential leave recipient may make a
written application on the employee’s behalf.
Each application shall be accompanied by the following information
concerning each potential leave recipient:
a.
the name, position title, and grade or
pay level of the potential leave recipient;
b.
the reasons transferred leave is needed,
including a brief description of the nature, severity and anticipated duration
of the medical emergency, and if it is a recurring one, the approximate
frequency of the medical emergency affecting the potential leave recipient;
c.
certification from one (1) or more
physicians, or other appropriate experts, with respect to the medical
emergency, if the potential leave recipient’s employing agency so requires; and
d.
any additional information that may be
required by the potential leave recipient’s employing agency.
Section 3. A leave recipient may use leave transferred
to the leave recipient’s accounts only for the purpose of a medical emergency
for which the leave recipient was approved.
Section 4. Leave transferred under this Article may be
substituted retroactively for a period of leave without pay or used to
liquidate an indebtedness for advanced annual or sick leave granted on or after
a date fixed by the leave recipient’s employing agency as the beginning of the
period of medical emergency for which LWOP or advanced annual or sick leave was
granted.
Section 5. An employee may submit a voluntary written
request to the Agency that a specific number of hours of the donor’s accrued
annual or sick leave be transferred from the donor’s leave account to the leave
account of a specified leave recipient.
Section 6. Limitations on donation of annual leave are
as follows:
a.
In any one (1) leave year, a leave donor
may donate no more than a total of one-half (1/2) of the amount of annual leave
they would be entitled to accrue during the leave year in which the donation is
made.
b.
In the case of a leave donor who is
projected to have annual leave that otherwise would be subject to forfeiture at
the end of the leave year, the maximum amount of annual leave that may be
donated during the leave year shall be the lesser of:
(1)
one-half (1/2) of the amount of annual
leave they would be entitled to accrue during the leave year in which the
donation is made; or
(2)
the numbers of hours remaining in the
leave year (as of the date of transfer) for which the leave donor is scheduled
to work and receive pay.
c.
The Agency shall establish written
criteria for waiving the limitations on donating annual leave under paragraphs
(a) and (b) above. Any such waiver shall
be documented in writing.
Section 7. A leave donor may request that a specific
number of hours be transferred from their sick leave account to the leave
account of a leave recipient so long as the donor’s sick leave balance remains
at a minimum of two hundred forty (240) hours.
Section 8. While a leave recipient is in a shared leave
status, annual and sick leave shall accrue to the credit of the leave recipient
at the same rate as if they were in a paid leave status except that:
a.
the maximum amount of annual leave that
may be accrued by a leave recipient while in a shared leave status in
connection with any particular medical emergency may not exceed forty (40) hours,
(or in the case of a part-time employee or an employee with an uncommon tour of
duty, the average number of hours in the leave recipient’s weekly scheduled
tour of duty); and
b.
the maximum amount of sick leave that may
be accrued by a leave recipient while in a shared leave status in connection
with any particular medical emergency may not exceed forty (40) hours (or, in
the case of a part-time employee or an employee with an uncommon tour of duty,
the average number of hours in the leave recipient’s weekly scheduled tour of
duty).
Any annual or sick leave accrued by a
leave recipient under this Section shall be transferred to the appropriate
leave account of the leave recipient and shall become available for use:
a.
as of the beginning of the first pay period
beginning on or after the date on which the leave recipient’s medical emergency
terminates; or
b.
if the leave recipient’s medical
emergency has not yet terminated, once the leave recipient has exhausted all
leave made available to them.
Section 9. Restoration of unused transferred leave shall
be in accordance with the Agency’s existing rules.
DEFINITIONS:
Leave donor: An employee whose voluntary written request
for transfer of annual or sick leave to the leave account of a leave recipient
that is approved by the Agency.
Leave recipient: A current employee with a medical emergency
for whom the Agency has approved an application to receive annual or sick leave
from the leave accounts from one or more leave donors.
Medical emergency: A medical condition of an employee or a
family member of such employee that is likely to require an employee’s absence
from duty for a prolonged period of time and to result in a substantial loss of
income to the employee because of the unavailability of paid leave.
Paid leave status: The administrative status of an employee
while the employee is using annual or sick leave accrued or accumulated.
Shared leave status: The administrative status of an employee
while the employee is using transferred leave.
ARTICLE 24
ANNUAL
LEAVE
Section 1. Employees are entitled to annual leave with
pay that accrues as follows:
Section 2. Unless
staffing and workload do not permit, annual leave shall be available for
vacation purposes to each eligible employee to take at least three (3)
consecutive weeks leave during the year. Unless otherwise agreed upon at the local
level by the Parties, employees will submit their requests before February 1,
and the approval/disapproval will be acknowledged by March 1 of the calendar
year.
Section 3. While it
is desirable to schedule planned annual leave under Section 2 of this Article,
other requests for annual leave will normally be submitted at least ten (10)
days in advance. Approval/disapproval
will normally be given within five (5) working days of the request. Employees submitting leave requests with less
than ten (10) days advance notice will be given a decision on the request as
soon as possible.
Section 4.
Conflicting leave requests of bargaining unit employees made under
Section 2 of this Article shall be resolved by seniority.
Section 5. Except as
authorized in OPM regulations, no employee will be forced to take annual leave.
Section 6. Unless
staffing and workload do not permit, bargaining unit employees may be
authorized the use of all accumulated leave.
Section 7. An
employee may cancel annual leave at any time.
Section 8.
Employees on annual leave who become sick shall have the right to
convert the annual leave to sick leave.
Use of such sick leave shall comply with Article 25 of this Agreement.
Section 9. Except
as provided for in Article 26 of this Agreement, employees shall not be
required to provide reasons for annual leave requests.
Section 10. Unless
otherwise negotiated locally, all annual leave requests shall be submitted on
an OPM-71. The form shall be dated,
signed, approved/disapproved as appropriate, and a copy returned to the
employee.
Section
11. In determining years of service, an employee
is entitled to credit for all service of a type that would be creditable under
5 USC 8332, regardless of whether or not the employee is covered by Subchapter
III of Chapter 83.
Section
12. Except as otherwise provided for in this
Agreement, employees are covered by the annual leave and lump sum payment
provisions contained in 5 USC Chapter 55, Chapter 63 and the associated regulations
in 5 CFR.
Section
13. Employees shall not be required to use
accrued compensatory time prior to using use-or-lose annual leave.
ARTICLE 25
SICK LEAVE
Section 1. Full-time employees shall earn sick leave at
a rate of four (4) hours a pay period.
Section 2. Whenever an employee’s request for sick leave
is disapproved, he/she shall be given a written reason, if requested.
Section 3. Sick leave must be granted when an employee
meets one of the following conditions:
a.
Is
incapacitated and cannot perform the essential duties of his/her position
because of physical or mental illness, injury, pregnancy, or childbirth;
b.
Receives
medical, dental or optical examinations or treatment;
c.
Would,
per a health authority with jurisdiction or a health care provider, jeopardize
the health of others due to exposure to a communicable disease.
Section 4. Employees may use sick leave for general
family medical care and bereavement purposes as follows in order to:
a.
provide
care for a family member who is incapacitated by a medical or mental condition
or attend to a family member receiving medical, dental, or optical examination
or treatment; or
b.
make
arrangements necessitated by the death of a family member or to attend the
funeral of a family member (includes travel, memorial service, pre-funeral
gatherings or ceremonies, reading of the will, etc.).
Full-time employees may use up to forty (40)
hours of sick leave per year for these purposes. Part-time employees use a pro-rated
amount. However, if a full-time employee
maintains a minimum balance of eighty (80) hours of sick leave, he/she may use
additional sick leave, not to exceed one hundred four (104) hours in a leave
year.
Section 5.
Full-time employees who maintain a minimum
sick leave balance of eighty (80) hours may use a total of four hundred eighty
(480) hours of sick leave each year to care for a family member with a serious
health condition. However, the total
allowable amount of sick leave entitlement under Sections 4 and 5 may not
exceed four hundred eighty (480) hours.
However, any sick leave taken under Article 26 to care for a family
member is deducted from the four hundred eighty (480) hour entitlement under
this Section.
Section 6. Employees should request leave in advance for
pre-arranged optical, medical, or dental appointments. However, if the absence is unplanned, the
Agency must be notified before or within the first hour of the time scheduled
to report for duty, unless in the judgment of the Agency there are extenuating
circumstances which prevent the employee from doing so.
In cases of extended
absences, and when an employee provides the Agency with a tentative return to
work date, he/she shall only be required to notify the Agency on the first day
of each occurrence of illness and shall not be required to call in on a daily
basis, unless specifically required by the Agency.
Section 7. In individual cases, where the Agency
reasonably believes an employee may be abusing sick leave, the Agency may
provide the employee advance written notice, indicating the reason(s) that
he/she will be required for a period of time, not to exceed six (6) months, to
furnish a medical certificate for each subsequent absence. This notice may be given verbally when the
leave is requested and followed up in writing when the employee returns to
work. If it is determined by the Agency
prior to the conclusion of the six (6) month time period, that the requirement
is no longer necessary, the employee shall be notified and the previous notice(s)shall
be removed from the employee’s OPF and EPF, and returned to the employee. In cases where an employee, who because of
illness, is released from duty, the Agency may waive the requirement for a
medical certificate for that day.
Section 8. Except as otherwise provided for in Section
7, an employee shall not be required to furnish a medical certificate to
substantiate a request for sick leave of four (4) days or less. An employee shall be required to furnish a
medical certificate for absences of more than four (4) workdays, except that
this requirement may be waived by the Agency in individual cases. If a physician was not consulted, a signed
statement from the employee giving the facts about the absence, the treatment
used, and the reasons for not having a physician’s statement may be accepted as
supporting evidence by the Agency.
Section 9. Requests for sick leave and individual sick
leave records shall not be available or distributed as general information or
publicized.
Section 10. Except in cases of
abuse, sick leave usage shall not be a factor for promotion, discipline, or
other personnel action.
Section
11. Each employee shall be entitled to an advance
of up to thirty (30) days sick leave for serious disability or ailment, except
when:
a.
it
is known that he/she does not intend to return to duty or when available
information indicates that his/her return is only a remote possibility; or
b.
he/she
has filed or the Agency has filed an application for disability retirement; or
c.
he/she
has signified his/her intention of resigning for disability.
Part-time employees can be advanced sick leave
in accordance with LWS-8.1, Section 7.
Section
12. When an employee becomes seriously ill or
injured at work, the Agency shall arrange for transportation to a physician,
medical facility or other designated location.
If requested by the employee, or if the employee is unable to request,
the Agency shall notify the employee’s family or designated party of the
occurrence and the location of the employee.
Section
13. The Agency shall make
every reasonable effort to assist the employee’s family in filing appropriate
documents for entitlements to the employee or the employee’s family when an
employee is unable to do so because of serious injury, incapacitation or
illness.
Section 14. If there is insufficient sick leave to cover
leave already used, and advanced sick leave has not been approved, excess sick
leave used will automatically be converted to earned credit hours, earned
compensatory time, or earned annual leave, in that order. If other accrued leave is insufficient to
cover the excess sick leave hours used, the remaining sick leave will be
changed to leave without pay (LWOP).
ARTICLE 26
LEAVE FOR
SPECIAL CIRCUMSTANCES
Section 1. In the event of a death in an employee’s family,
the employee may request up to ten (10) days of annual leave or leave without
pay (LWOP). The Agency shall make a
reasonable effort to grant such requests.
For the purposes of the Agreement, “family” is defined as the employee’s
father, mother, son, daughter, brother, sister, grandparent, grandchild, uncle,
aunt, cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
step-father/mother/sister/brother/son/daughter, half-brother, half-sister, and
life or domestic partner.
Section 2. Requests for annual or sick leave for
emergencies involving illness or injury in the family shall be given priority.
Section 3. An employee whose
personal religious beliefs require the abstention from work during certain
periods of time may, after advanced approval by the Agency, elect to engage in
overtime worked for time lost for meeting those religious requirements. Any employee who so elects shall be granted
equal compensatory time off from the employee’s scheduled tour of duty (in lieu
of overtime pay) for such religious reasons, not withstanding any other
provision of law. The earned
compensatory time is used to cover the absence for the religious observance. The Agency may disapprove an employee’s
request if work schedule modifications would interfere with efficient
accomplishment of the FAA mission.
Section 4. Requests for annual leave to observe the
Sabbath, or any other religious, ethnic holiday, or the employee's birthday
shall be granted, unless staffing and workload do not permit.
Section 5. In accordance with the Family Medical Leave
Act (FMLA), upon request, an employee is entitled to a total of twelve (12)
administrative work weeks of leave without pay (LWOP) during any twelve (12)
month period for one (1) or more of the following reasons:
a.
the
birth of a son or daughter of the employee and the care of such son or
daughter;
b.
the
placement of a son or daughter with the employee for adoption or foster care;
c.
the
care of a family member (including pregnancy related medical conditions) who
has a serious health condition; or
d.
a
serious health condition (including pregnancy related medical conditions) of the
employee that prevents the employee from performing the essential functions of
his/her position.
An employee may elect to substitute sick leave,
annual leave, compensatory time, or credit hours for LWOP in accordance with
FMLA.
Section 6. Unless staffing and workload do not permit,
employees shall be granted annual leave or LWOP to care for members of their
families under the following circumstances where an employee:
a.
is
needed to aid/assist in the care of his/her minor children whose care provider
is temporarily unable to provide care; or
b.
must
accompany a family member to medical appointments.
ARTICLE 27
JURY DUTY AND COURT LEAVE
Section 1. Performance of jury duty is considered a
basic civic responsibility of all employees.
Accordingly, it is not appropriate to initiate a request to defer or
excuse employees summoned to serve in either Federal or State Courts except in
cases of the employee’s illness or physical disability. Although temporary loss of the employee’s
services may impair operating capabilities, the employee’s civic duty is of
overriding importance. There may
occasionally arise urgent and extreme cases not involving the employee’s
illness or physical disability where a request to defer or excuse an employee
may be appropriate. These must be
determined on an individual basis.
Section 2. If the
employee's regularly scheduled tour of duty for the period covered by court
leave includes any overtime or holiday, Sunday, or night shift work, the
individual is entitled, except to the extent prohibited by applicable statutes,
to all other such pay as if this time were worked and the employee had not been
on court leave for the judicial proceeding.
Generally, fees received for jury or witness service on a non-workday, a
holiday, or while in a leave without pay status may be retained by the
employee. Any mileage and subsistence
allowance received may be retained by the employee.
Section 3. Court leave is granted to employees
for reasons as defined in this Article. Court
leave extends from the date the employee reports until the time the employee is
discharged, regardless of the hours per day or days per week. When an employee is discharged or excused for fifty
percent (50%) or more of his or her regular duty hours, the employee must
either:
a.
return
to duty if the place of employment is in the same local commuting area as the
court; or
b.