AFGE Contract

TABLE OF CONTENTS

ARTICLE 1 EXCLUSIVE RECOGNITION AND COVERAGE OF AGREEMENT..…………………………………………………………………2

ARTICLE 2 PROVISIONS OF LAW REGULATIONS & DEFINITIONS.……………….3

ARTICLE 3 RIGHTS AND RESPONSIBILITIES OF THE PARTIES……….…………..4

ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE EMPLOYEE………………...7

ARTICLE 5 APPROPRIATE ARRANGEMENTS AND PROCEDURES……..……….14

ARTICLE 6 OFFICIAL TIME……….………………………………………………………16

ARTICLE 7 USE OF OFFICIAL FACILITIES…..……………………………..…………19

ARTICLE 8 HOURS OF DUTY………………………………………………………….…21

ARTICLE 9 OVERTIME AND COMPENSATORY TIME……….………………………24

ARTICLE 10 DUES WITHHOLDING……….………………………………………………26

ARTICLE 11 LEAVE AND EXCUSED ABSENCES……………………………………..28

ARTICLE 12 EQUAL EMPLOYMENT OPPORTUNITY…………………………………35

ARTICLE 13 HEALTH AND SAFETY……………………………………………………..36

ARTICLE 14 HAZARDOUS DUTY PAY…………………………………………..………40

ARTICLE 15 LIGHT DUTY……………………………………………………….……… 41

ARTICLE 16 PRINTING AND DISTRIBUTION OF THE AGREEMENT……….…..…. 42

ARTICLE 17 TRAINING…………………………………………………….………………43

ARTICLE 18 COMMITTEE MEMBERSHIP……….……………………………………… 44

ARTICLE 19 SUBSTANCE ABUSE/TESTING………..……………….….………….… 45

ARTICLE 20 REDUCTION IN FORCE…………………………….……………………… 48

ARTICLE 21 PERFORMANCE APPRAISALS (TOTAL ARMY

PERFORMANCE EVALUATION SYSTEM (TAPES))……..….…..……………… 51

TABLE OF CONTENTS - continued

ARTICLE 22 MERIT PROMOTION AND INTERNAL PLACEMENT…………….……. 55

ARTICLE 23 DISCIPLINE/ADVERSE ACTIONS…………………………………….….. 57

ARTICLE 24 GRIEVANCE PROCEDURES……….…………………………………... 60

ARTICLE 25 ARBITRATION OF GRIEVANCES………………………………………… 65

ARTICLE 26 POSITION CLASSIFICATION……………………………………………... 67

ARTICLE 27 THE ARMY IDEAS FOR EXCELLENCE PROGRAM…………………… 68

ARTICLE 28 CONTRACTING OUT…………………………………………………….. 69

ARTICLE 29 COMMERCIAL DRIVERS LICENSE (CDL)……………………………… 71

ARTICLE 30 CUSTODIAL SERVICES……...…………………….…………………..…. 72

ARTICLE 31 ADVERSE WEATHER CONDITIONS…………………………………….. 73

ARTICLE 32 EFFECTIVE DATE AND DURATION OF AGREEMENT……………….. 75

"The Congress finds that:

A. Experience in both private and public employment indicates that the statutory protection of the rights of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions that affect them:

(1) Safeguards the public interest.

(2) Contributes to the effective conduct of public business, and

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

B. The public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government." 5 U.S. Code §7101

Through this agreement, the parties establish a basic understanding relative to personnel policies and practices, Employee working conditions, and any other matters negotiable under current case law. This agreement is also established as a means to assure amicable discussion and adjustment of matters of mutual interest. The Employer and the Union agree to cooperate in efforts to ensure timely completion of work, improve the quality of workmanship, encourage ideas for improvement and cost reduction, prevent accidents, conserve materials and supplies.

The following articles constitute a collective bargaining agreement between Local 400, American Federation of Government Employees, AFL-CIO and the commanders of all activities subject to this agreement.

ARTICLE 1 - EXCLUSIVE RECOGNITION AND COVERAGE OF AGREEMENT

SECTION 1

The Employer hereby recognizes that the Union is the exclusive representative of all Employees in the unit as defined in the original certification, or any subsequent determination that is made by the Federal Labor Relations Authority.

SECTION 2

The unit to which this agreement applies is comprised of: All professional and nonprofessional full-time, part-time, and temporary General Schedule Employees employed by Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum, New York and employees of tenant activities who are assigned to and located at Fort Drum, New York, and are serviced by the Fort Drum Civilian Personnel Advisory Center (CPAC), excluding all nonprofessional wage grade employees, all nonappropriated fund employees, all fire fighters, police, guards and security personnel, management officials, supervisors, and employees described in 5 U.S. Code 7112(b) (2), (3), (4), (6), and (7).

The purpose and intent of the Employer and the Union is to promote and improve the efficient administration of the Government and the well being of its Employees and to establish a basic understanding of relative personnel policy, practices, working conditions and matters affecting conditions of employment.

The contract takes precedence over any guiding document other than law or government wide regulatory change.

ARTICLE 2 - PROVISIONS OF LAW REGULATIONS & DEFINITIONS

SECTION 1

The Employer, the Union and the Employees shall be governed by existing and future laws of the United States, regulations and policies of appropriate authorities including the Office of Personnel Management, and published Agency policies which may be applicable and are in existence at the time of approval of this agreement. Subsequently published Agency policies and regulations are subject to substantive and/or Appropriate Arrangements and Procedures (AA&P) bargaining as required (previously referred to as I&I).

Whenever the personal pronouns he, him, or his are used in this agreement, they shall be construed as neutral in gender; that is, as meaning both he and she, him and her, or his and hers as appropriate.

A. When the term "Commander" is used, it will refer to either the Commander, Fort Drum, or the Commander or head of a tenant activity, as applicable.

B. When the term "Employer" is used, it means management agencies bound by this Agreement.

C. When the word "Employee" is used, it means an employee in the bargaining unit covered by this agreement. The word "employee" may pertain also to those not in the bargaining unit.

D. When the term "Union" is used, it means Local 400, American Federation of Government Employees, AFL-CIO.

E. Unless otherwise specified, the term "days" as used in this Agreement means calendar days.

F. An excused absence is an absence from duty administratively authorized without loss of pay and without charge to leave.

The Employer agrees that, should it become necessary to formulate new policies contrary to the provisions of this agreement, such provisions will not be implemented prior to completion of required bargaining.

The Employer and Union are obligated to negotiate in good faith with the objective of reaching agreement by diligent and serious exchange of information and views, and by avoiding unnecessarily protracted negotiations.

The normal point of contact between the Union and the Employer for the purpose of consultation on questions concerning overall installation administration between the parties shall be:

A. For the Union: The President. If the President is not available, and the matter must be resolved before he or she returns, the following POC's will be followed in order, with the same provisions: 1st Vice President, 2nd Vice President, Chief Steward, Secretary/Treasurer.

B. For the Employer: The Labor Relations Officer (LRO). If the LRO is not available, contact the Civilian Personnel Officer.

The normal point of contact between the Union and the Employer for matters at an organizational level will be the appropriate supervisor and any Union officer (i.e. President, 1^st Vice President, 2^nd Vice President, Chief Steward, Secretary/Treasurer). It is understood that the Union may elect to assign another officer or steward to the issue after initial contact.

"(a) Subject to subsection (b) of this section, nothing in this Chapter shall affect the authority of any management official of any agency -

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

(2) in accordance with applicable laws -

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

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

(c) with respect to filling positions, to make selections for appointments from-

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

(ii) any other appropriate source; and

(d) to take whatever actions may be necessary to carry out the agency mission during emergencies." 5 U.S.C. §7106 (a)

"(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." 5 U.S.C. §7106 (b)

The Union is the exclusive representative of the Employees in the unit and is entitled to act for, and negotiate collective bargaining agreements, covering all Employees in the unit. The Employer agrees to provide the Union a list of Employees, organized alphabetically by Directorate/tenant organization monthly. The Union is responsible for representing the interests of all Employees in the unit it represents without discrimination and without regard to union membership. In accordance with current case law if the Employee has the right to choose a representative other than the Union, there is no basis for requiring the Union to furnish its services.

The Employer further recognizes its responsibility to observe the rights of the Union contained in all appropriate provisions of law. Nothing in this agreement abridges either the rights or responsibilities of the Employer or the Union as provided for in the Statute and applicable Executive Orders.

A. The Union is provided the right by statute:

"to be represented at any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment" 5 U.S.C. §7114

(1) a meeting must include four specific elements. They are: a) at least one representative of agency management and at least one bargaining unit employee in attendance; b) a discussion, that is c) formal in nature, and d) concerns either a grievance or a personnel policy, practice or other condition of employment of unit employees.

(2) the totality of circumstances surrounding the discussion to be considered include the status and number of management representatives in attendance, whether the meeting was scheduled or impromptu, whether a formal agenda was used, how long the meeting lasted, the location of the discussion, and whether attendance was mandatory or voluntary.

C. To afford the Union the maximum opportunity to send a representative to the formal discussion, management shall provide as much advance notice as possible. In all cases notice of time, location and general nature of the subject matter will be given to the Union, concurrent with notification to other attendees prior to any formal discussions. Any read ahead material provided to other attendees will also be provided to the Union. If the Union is unable to send a representative to the discussion, management will provide any written documentation, minutes, etc., from the meeting.

D. The mere fact that a Union representative will be among a group of unit employees present at a formal discussion does not relieve the agency of the obligation to provide advance notice to the Union.

The Employer recognizes that obtaining the Union's views in the development and implementation of Management actions will reduce potential grievances and facilitate bargaining or any other subsequent labor relations actions. To that end, Management agrees to openly consult with and inform the Union on matters not otherwise covered by the contract which affect bargaining unit members, and to consider the Union's views on these matters. This provision pertains to predecisional input and is not to be confused with statutory bargaining obligations.

The parties recognize the seriousness of Unfair Labor Practice (ULP) charges. When the Union provides notice of the intent to file a ULP, Management agrees to take appropriate action to resolve the situation underlying the potential charge. When a ULP charge is filed, the parties agree that normally within fifteen (15) days a meeting will be scheduled for the purpose of discussing settlement alternatives.

A. An Employee shall have the right to bring work-related matters to the attention of their supervisor. This right may be exercised individually or collectively by an appointed spokesperson.

B. Each Employee is accountable to the Employer for performance of assigned duties and compliance with governing regulations. The parties affirm the right of Employees to conduct their private lives as they deem proper. An Employee's employment shall be judged solely on his or her ability to meet the requirements of the position held. The Agency retains discretion to determine the requirements of the position and whether an Employee's off duty conduct is related to the ability to meet these requirements. Upon request from the Union, the Employer agrees to provide the rationale for the action taken.

C. Employees shall be treated fairly and equitably and in a professional manner and in turn they will conduct themselves in a professional manner. The Union can report alleged violations of this to the Employer for investigation and appropriate action.

D. It is agreed that when Fort Drum/Tenant Activities regulations/policies conflict with negotiated agreements the agreements will be followed.

The Union and the Employer agree that Employees will:

A. Conscientiously perform assigned duties.

B. Comply with applicable ethical standards as prescribed by the Department of Defense (Joint Ethics Regulation, DOD 5500.7-R)

C. Cooperate with and strive to maintain good working relations with supervisors and fellow Employees.

D. Cooperate in and promote programs designed to improve work methods and conditions.

E. Maintain a neat and clean personal appearance as required by the work situation. Employees are expected to dress and groom considering comfort, productivity, health, safety, and type of position occupied. When there is an issue/dispute, the Employer agrees to consult with the Union. When the Employer determines that a workplace or position requires more specific requirements than addressed here, the Union will be afforded an opportunity for AA&P bargaining.

"Each Employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each Employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right --

(1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and

(2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by Employees under this chapter." 5 U.S. Code §7102

It is the Employee’s responsibility to request Union representation at investigatory meetings. If representation is desired by an Employee, the Employee will be given an opportunity to have Union representation present at any examination of an Employee by a supervisor in connection with an investigation, if the employee reasonably believes that such examination may result in disciplinary action against the Employee. Although the Employer will accommodate an Employee's request to have a Union official present by giving the Employee an opportunity to contact a Union official, such examination will normally not be delayed beyond forty-eight (48) hours, exclusive of weekends and holidays, from the date/time the examination was initially scheduled to be held.

If an Employee desires consultation with a Union representative during working hours for official business, he will obtain the supervisor's permission to leave the work site for this purpose. Supervisors will grant requests for temporary absences for this purpose at such times and for such a period of time as the Employee can be excused. If this departure would create immediate problems, the supervisor will inform the Employee of the earliest time that they would be free to leave for their consultation, normally within two duty days. If the supervisor refuses to provide an alternate date/time, he will so inform the Employee in writing within one day. The Employee is under no obligation to disclose the purpose of the meeting between the Union and the Employee.

A. It is agreed that Employees will be allowed to attend open season health benefits seminars at Fort Drum if such seminars are provided and as workload permits. The Employer agrees to make health benefits materials available to the Employees during open season. If an Employee elects to change their health benefits carrier, the selection will be accepted if received prior to the end of the open season.

B. Employees may contact the Army Benefits Center-Civilian (ABC-C) via government phone or computer (web site http://www.abc.army.mil) for information in regard to Federal Employee Health Benefit (FEHB), Federal Employee Group Life Insurance (FEGLI), Thrift Savings Plan (TSP), retirement, and survivor benefits (death and dismemberment). Fort Drum CPAC may elect to hold periodic retirement seminars which Employees will be allowed to attend if workload permits.

C. The Employer agrees to encourage Employees to seek assistance and, to the extent available, to counsel Employees upon their request, concerning personal finance and debt complaint matters, availability of the Civilian Counseling Center, and other programs that promote Employee well being.

The Employer and the Union recognize that local and national health, welfare and emergency relief organizations depend largely upon voluntary contributions through the Combined Federal Campaign (CFC) for successfully achieving their objectives. CFC shall be conducted in the spirit of true voluntary giving. Coercion, either overt or implied, shall not be practiced by collectors, supervisors or any other personnel.

A. Smoking is prohibited in any Government vehicle, building, or main entryway to a building

B. The parties shall jointly identify outdoor areas where employees may smoke. The areas shall meet the following criteria: they shall provide overhead coverings; they shall be reasonably accessible to employees' work sites; and they shall meet safety, health, and security concerns. Any disagreements as to the areas identified should be resolved through grievance arbitration.

C. Reasonable smoke breaks will be allowed, not to exceed 15 minutes per 4-hour work period. These may be broken down into two or three break periods subject to work requirements. These are not in addition to normal breaks.

D. Permanent Employees may attend one smoking cessation class at no cost to them and on duty time.

Any action taken by the Employer against Employees concerning nonpayment of private debts will be in accordance with existing laws and regulations. This could include the garnishment of Employees’ pay. Private creditors and private debt collectors shall be denied access to Employees for the purposes of presenting or collecting claims during work hours. Disciplinary actions will not be taken based on private indebtedness unless there is a clear relationship between the indebtedness and work performance, conduct, or ability to meet position requirements.

A. An Employee has the right to see his Official Personnel File by requesting it from CPAC. In addition, an Employee may authorize in writing one or more agents to examine his file. Reasonable requests for copies of documents from an Employee's Official Personnel File will be granted. Employees will be allowed a routine review of their OPF, normally no more than once per year. Corrections with supporting documentation will be posted to their OPF and applicable automated systems to reflect correct data.

B. Upon reasonable request, an Employee, or designated representative, shall be given access to the supervisor's file maintained on the Employee and be provided copies of the matters contained therein.

C. While supervisors may keep memory joggers or notes concerning Employees' conduct and performance, such concerns should be shared with the Employee and, as necessary, will be reduced in writing to a Memorandum For Record (MFR) and provided to the employee. Employee signature indicates only receipt, and not concurrence with the contents of the memorandum. All records kept on Employees which will be used to support disciplinary actions will be provided to the Employee. Nothing in this section is meant to preclude law enforcement agencies from compiling and maintaining files necessary in the performance of official duties.

A. Employees will be informed of the opportunity or the requirement to perform temporary duty as much in advance as practical. Adequate lead time will be provided to make personal arrangements. When the Employer requires TDY and is unable to provide normal notice, the Employer will make reasonable efforts to accommodate special needs of the Employee. The Employee's work schedule will be changed accordingly to accommodate TDY activity (exclusive of travel). The Employer agrees to consider financial and other hardships when assigning TDY when more than one (1) Employee is available for such assignment. Employees will not be expected to travel without valid travel orders. Employees expected to perform TDY must apply for a government credit card and will be instructed on its proper use. Employees will not be required to perform TDY without a government credit card unless loss of the credit card is due to Employee abuse. Employees who do not have a government credit card will be authorized the approved alternate method of funding to ensure they are not required to pay official travel expenses out of pocket. Employees who submit a travel voucher within the specified timelines will not be required to repay a government credit card company prior to reimbursement for travel by the Employer.

B. Travel will be scheduled during the Employee's work schedule whenever that is reasonably feasible. When travel falls outside the normal work schedule, entitlement to overtime or compensatory time will be in accordance with the Fair Labor Standards Act and Title 5 U.S. Code. Managers/Employees with questions should contact the CPAC prior to or during the travel.

C. When Employees travel using an automobile the Joint Ethics Regulation only authorizes travel to and from the duty site and local travel at the TDY site limited to reasonable distances to eating establishments, laundry, and places of worship. Rules vary for government vehicles, rental cars, and privately operated vehicles. Employees with questions should contact the Ethics Counselor at the Office of the Staff Judge Advocate prior to or during the travel. The Ethics Counselor has the authority to issue binding written opinions upon request.

D. Employees cannot be directed to use private autos. When there is a choice as to the mode of transportation or accommodations, the Employee's desires will be given due consideration by their supervisor. Reimbursement will be paid in accordance with the JTR.

E. TDY will be in accordance with the Joint Travel Regulations.

A. Employees shall have a clean, dry, heated, lighted and well ventilated area in which to eat their lunch. Employees who utilize these areas are responsible for maintaining the area for cleanliness and orderliness.

B. Each Employee shall receive a supervisory orientation and a copy of the AFGE contract (available at CPAC), within 3 days of entering on duty. This will include information on the supervisory chain of command and conditions of employment. The Employee and supervisor will sign the orientation checklist to signify that the information has been provided.

C. Employees who maintain an active membership in the Reserves/National Guard will have the support of the Employer to the extent practicable. The Employee will provide the Employer with as much advance notice as possible for military (reserve) drills. Employees are required to notify the Employer of any change in Reserve/National Guard status. The Employer agrees to be fair and equitable to the extent practicable when considering reserve drill and related requests.

D. Employees will be provided reasonable wash-up time at the end of the normal workday or following work which causes the Employee to become unusually dirty. This provision does not allow Employees to leave the work site prior to the end of the normal work day.

E. The Chain of Supervision for Employees will be designated in writing, which will include the alternates for Employees to contact when supervisors will be absent.

F. The Employer recognizes and supports the use of the performance award system to recognize and reward exceptional performance. The system will be administered in accordance with applicable regulations and/or Fort Drum/Tenant policy.

G. The Employer will continue to provide parking places for Employees reasonably accessible to their work place. Should events be scheduled which will preclude Employee parking in the parking area normally designated for their facility, affected Employees will be provided an alternative parking area and transportation as necessary until such time as the original parking lot becomes available. Where outdoor electrical outlets already exist and are available, they may be used by Employees who work evening, overnight, and weekend shifts.

H. When special events are planned (scheduled in advance) which preclude access to Employee work sites at normal reporting times, Employees will be afforded two weeks notice and the opportunity to adjust schedules, request leave, or report to an alternate work site. Absent that notice, Employees will not be required to adjust their normal work schedule or be charged leave.

The Employer agrees that the Union can recruit people to be Family Child Care (FCC) providers. The Employer will provide child care provider training to eligible persons identified by the Union who apply for such training. The Employer agrees to provide the Union with a current list of FCC providers, with updates, upon request.

The Union agrees that Employees must notify their supervisor as soon as possible upon knowledge that any licences affecting their ability to perform assigned duties will be revoked or suspended. Such duties will not be assigned or performed absent the required license.

A. The Employer will provide each Employee supplies and equipment necessary to perform their duties. The Employer will exchange issued equipment that becomes damaged or unusable through normal wear and tear. The Employee may be held responsible for the replacement of equipment that is lost or damaged through other than normal fair wear and tear, as provided for in AR 735-5. The Employee will be allowed to purchase replacement of issued supplies through normal Government channels, providing proper authorization is obtained. The Employer will insure that equipment requiring maintenance by other than the Employee is properly maintained by appropriate maintenance personnel. The Employee is responsible for proper use and maintenance of issued individual property.

B. The Employer recognizes the right of the Employees to request government issue protective clothing and safety devices as determined by appropriate authority to be necessary. The Employee is responsible for proper use and care of protective clothing and safety devices issued to them.

C. Issue of Equipment:

(1) Two (2) pair of work footwear; one (1) summer and one (1) winter shall be issued to all personnel required to work in warehouses or outdoors, or in other places of work not equivalent to the normal office environment. Footwear will be replaced on a fair wear and tear basis. The Employer will insure improper sized and/or defective footwear is replaced. The Garrison sources of supply for footwear under this provision are the Self Service Supply Center (SSSC) or Shoe Mobile. In MEDDAC management will determine the source of supply.

(2) In lieu of paragraph 1, permanent and term Garrison Employees who are assigned to full time work schedules (40 hours per week) may elect to purchase and be reimbursed up to a maximum of $125 for one pair of safety boots per 12 month period. The supervisor is the approving official for purchase of safety boots. In order to qualify for reimbursement, boots purchased must meet all OSHA safety requirements as determined by the Employee’s supervisor in consultation with the Command Safety Office. To secure reimbursement the Employee must provide a cash receipt or other proof of payment to the supervisor.

(3) Any available winter clothing not required to meet the needs of soldiers will be issued to those employees working extended hours under adverse conditions such as the flight line mission during deployments.

(4) Employees may choose to use their own personal equipment so long as it meets the same criteria required for like government issue items.

The Employer’s policy is to ensure Union views and proposals are fully considered prior to implementing changes in working conditions. It is also the policy that all legal requirements of the Federal Labor Relations Act be met.

The Employer is required to notify the Union before making changes that affect bargaining unit members. The Employer has the responsibility to provide notice even when changes are mandatory or necessary and even when the changes are considered to be an improvement over present conditions. The Employer must negotiate with the Union, and not with individual Employees.

When the Employer exercises their statutory rights in regard to Employees, the Employer incurs the responsibility to notify the Union in order to provide them the opportunity to negotiate. The Union has the right to negotiate appropriate arrangements and procedures to offset any hardship on Employees who are affected by the exercise of Management’s Rights under the Statute.

SECTION 4.

This negotiation of Appropriate Arrangements and Procedures, formerly referred to as "I&I bargaining", means that while the Union may not normally bargain over whether the Employer will make a certain change, it may negotiate over how the change will affect Employees and how it will be implemented.

Notification to the Union should be made as soon as possible after the Employer has reached a decision that will trigger a bargaining obligation. Whenever possible, it may also be prudent to involve the Union prior to the decision-making process, so that some Employee input may be solicited through the Union and may be considered along with Union input. Although this may expedite any required negotiations, it does not negate the Employer’s obligation to afford the Union the opportunity to bargain once a decision is made. Normally the Union will provide their initial proposals for appropriate arrangements to the Employer within 15 days of receipt of the notification (see section 6). If proposals cannot be provided within 15 days, the Union will contact the Employer, provide status and an anticipated date that proposals will be forwarded.

Notice to the Union may either be handed to a Union officer or e-mailed, and a copy furnished to the LRO. It is essential to have some proof that the matter was actually received by the Union. A follow-up call may be appropriate to ensure receipt. Notices to the Union will include, as a minimum, the following information:

A. Describe the proposed change and how it will affect members of the bargaining unit. Include floor plans where appropriate.

B. State why the change is being made.

C. Include a proposed effective date for implementation.

D. List the affected bargaining unit members with a work phone number,

e-mail address, and duty locations.

E. Give a point of contact who is able to provide additional information regarding the proposal, and who is able to enter into an agreement with the Union.

F. Include any additional information you believe is pertinent.

Questions and requests for assistance should be directed to the servicing CPAC specialist or the LRO.

Nothing in this article is intended as a waiver of either party’s rights under the Statute.

Meetings between the Union and the Employer normally will take place during the time official time may be authorized. This is not meant to preclude meeting at other hours as mutually agreed upon.

In the interests of efficient conduct of government business and the economical use of government time, and in order to draw a reasonable distinction between official and non-official activities, those activities concerned with the internal management of labor organizations such as membership meetings, solicitation of membership, collection of dues, campaigning for labor organizations offices, and distribution of literature will be conducted outside of regular working hours or in a non-duty status; and none of the above activities will be done at Employee work stations. Literature may be distributed to Employees in break rooms or handed out in break areas.

The Union agrees to provide to the Labor Relations Officer (LRO) a copy of literature (other than membership benefit information) distributed/handed out in mass distribution to Employees on Fort Drum.

The Union will provide the Employer the names of officers and stewards. The Union will notify the LRO of any changes, and the appointed individual will be authorized to request official time beginning on the date agreed upon by the LRO and the Union, which will be not more than 5 days after notification. This is to ensure coordination with appropriate supervisors for authorizing official time.

The Union agrees that Union officials will request permission from their immediate Supervisor when they wish to leave their assigned duties for the purpose of performing representational duties. The Supervisor's permission will normally be granted except when work loads preclude such release. When permission is not granted when requested, it will be granted at a later time. If the Union representative needs to visit a work site, the Union will coordinate with the Supervisor. The Union agrees that its officers and stewards will guard against the use of excessive time in performing duties considered appropriate by the Agreement.

The Employer and the Union agree that a non-Employee Union representative (National representatives, etc.) may assist the Union Officers and Employees in carrying out the Union's responsibility for representing bargaining unit Employees. Notice of National Union representatives attending meetings with Employer officials will be made at least one duty day (24 hours) in advance to the LRO or the Employer official attending the meeting. Employer officials do not have to meet with National Union representatives if a request was not made in advance. Under normal circumstances National Union representatives will not be allowed to meet with Employees in the buildings where the Employees work.

A. Official time will only be granted to officers and stewards of the Union. These blocks of official time will be computed starting with the first pay period after the effective date of this contract. The parties agree to the following official time:

(1) President – 100%

(2) 1^st Vice President – 704 hours annually

(3) 2^nd Vice President – 440 hours annually

(4) Chief Steward – 440 hours annually

The Union agrees to send a representative, normally the President, to command level meetings, briefings when requested e.g. Garrison staff call, executive council.

B. The Employer agrees to grant the local President a block of 800 hours to distribute for use in representational matters by local stewards, as he/she deems appropriate.

C. The parties further agree that official time necessary for any future A-76 study or process will be additional to the banks of time defined in a. (the parties will meet and bargain this time as necessary)

D. The Employer agrees to grant a block of official time to Union officers and stewards if

otherwise in a duty status, to attend labor relations training determined to be of mutual benefit to the employer and the Union. A block of 120 hours will be authorized annually (contract year) for such labor relations training on or off the installation. The Union President will submit a request normally at least 30 days in advance. Time for the Union President to attend such training will not be charged to this bank.

E. The parties further agree that if a Union officer or steward is sent to any training by the employer, the Union officer/steward may act as the Union representative without charge to the bank of time. The representative may obtain two sets of course materials, one for the use of the Union.

F. Following each pay period the President will submit a report (e-mail) to the LRO showing all official time used, by name, during that period. The Union President’s time keeper will be in the CPAC.

When the Union is designated as an Employee's representative (i.e. disciplinary actions, adverse actions, complaints, etc.), a designation of representation memorandum shall be prepared. It will identify the action (specifically or generally), be signed by the Employee and will contain the name and telephone number of the Primary Union representative; the name of the Employee; and an affirmative statement by the Employee stating he designates the Union official to be his representative.

A. The Employer agrees to provide a building to the Union (Building T-138). This building will not be used for a regional Union office. All building repair and maintenance costs for fair wear and tear will be incurred by the Employer. Should the building become uneconomically feasible to repair or because of mission requirements, the Employer agrees to furnish a similar facility. Cleaning of the building/office space will be the responsibility of the Union. Employer will consider a request from the Union for a change of facilities.

B. The provisions in 1A above do not preclude requests by the Union for use of other installation facilities. These requests will be considered for approval on the same basis as a request from any other customer of the facility.

The Employer agrees that the Union can hand receipt for furniture and equipment excess to the needs of the installation to furnish the building/office space provided by the Employer.

The Employer will allow the Union to utilize the post mail distribution system for correspondence related to representational actions. A mail distribution box will be maintained for Local 400 at the installation mail distribution site.

The Employer agrees to provide the Union with bulletin board space of not less than 17" by 15" on official bulletin boards used by Employees.

Officers and stewards will be allowed reasonable time to copy documents pertaining to representational matters.

A. The Employer agrees to provide three on-post telephone lines to the building/office space provided to the Union, with one designated for the on-post e-mail and one designated for on post fax.

B. Union officers and stewards may use available telephones within their work areas for calls with bargaining unit members, Employer officials and other agencies/ individuals for representational matters. When making these calls Union officers and stewards will be authorized to use their individual PIN numbers. The phone calls will be reasonable in number and of short duration.

At such time as the Union deems it appropriate to purchase computers, copiers, etc., the Employer agrees to work with the Union to make the necessary modifications in the Union building to accommodate these items.

The Employer agrees to provide a computer to the Union with E-mail and Intranet capability to be used to communicate with the Employer and members of the bargaining unit on representational matters. The Employer agrees Information Technology (IT) will provide Information Management Officer (IMO) support (e.g., virus protection, trouble shooting, security) and ensure the government computer is compatible with Fort Drum standards. The Union agrees to adhere to government restrictions on use of government computer and will be notified of any suspected misuse. The parties understand this not to include "mass mailings" of messages to bargaining unit members, but only to individual bargaining unit members on individual matters.

A. The basic work week shall be Monday through Friday. Exceptions may occur when mission requirements, e.g. reserve support, or deployment support, make it a sound business judgment to temporarily include Saturdays or Sundays as part of the basic work week for certain Employees. This subsection is not intended to preclude regular Saturday/Sunday scheduling for certain functions, e.g. ATC, UCC, etc. which are seven day a week operations.

B. A meal period will be taken at approximately the mid-point of the duty day. The meal period will be 30 minutes to one hour of uninterrupted free time, or 20 minutes paid "meal in place" when necessary. Each supervisor will approve reasonable requests regarding scheduling and duration of meal periods. A requirement to staff the workplace during the meal period may be a consideration.

C. The Employer agrees it will not change tours of duty except to accommodate mission requirements/substantial increase in cost; however, conservation of overtime pay is a legitimate reason for making changes to tours of duty, provided the fourteen day notice is normally provided to Employees.

The Employer will normally give fourteen calendar days advance notice to Employees when changes in tours of duty are necessary. It is recognized, however, that emergencies or mission exigencies such as EDREs and deployments, may preclude such lengthy advance notification. In any circumstances, the Employee will be given as much advance notice as possible of a change in tour of duty. If it is a permanent change, the Union will be notified and afforded its opportunity to negotiate.

A. Both parties recognize that the use of Alternate Work Schedules (AWS) can improve productivity and morale and provide greater service to the public. Any choice of a alternate work schedule will be mutually acceptable to the supervisor and the Employee.

B. Both parties recognize that certain portions or organizational segments, because of the nature of the work performed, may not be suitable for alternate work schedules.

C. Employees shall be permitted to vary their work schedules as follows, subject to supervisory approval.

(1) Flexible Work Schedule: - An Employee may establish their arrival and departure time provided that the Employee is on duty within the core hours of 0900 to 1500 and they account for the total hours within the scheduled work day. Having once selected arrival and departure time within flexible time bands, the Employee must adhere to these times until a periodic opportunity to change arises. The parties recognize that there are instances where Employees desire to have different core hours. In recognition of this fact, Employees may request of the supervisor that a variation to the standard core hours be established for their work schedule.

(2) Compressed Work Schedules (CWS) - Examples of CWS available to Employees may be:

(a) 5/4-9 Schedule - A compressed schedule which, within a pay period of ten (10) workdays, includes eight (8) nine (9) hour days, one (1) eight (8) hour day, and one (1) non-work day.

(b) 4-10 Schedule - A compressed schedule which, within a scheduled work week, includes four (4) ten (10) hours days and one (1) non-work day. The Employer shall have the right to limit the number of Employees working on the days specified.

(c) An organization may otherwise authorize any type of CWS so long as Employees account for 80 hours in a pay period and the other requirements of this article are met.

(3) Having once selected one of the schedules described above, the Employee must adhere to the schedule until a periodic opportunity to change arises.

D. Employees who are TDY or in training may be required to revert to an 8-hour day for the duration of the TDY or training.

E. Employees may not change their CWS more often than semi-annually unless mutually agreed upon by the Employee and the Employer. By mutual agreement, normally in advance, between an Employee and his Supervisor, the scheduled day off can be changed within a pay period.

F. When a supervisor denies a request for CWS, or proposes to terminate an employee's participation in them, he will notify the Employee in writing. Notification will clearly establish why the requested or current schedule is not appropriate for the mission, to include any specific reason(s) that the schedule has had or can reasonably be expected to cause negative impact on mission accomplishment.

SECTION 4 - PREMIUM PAY

Premium pay will be paid in accordance with applicable laws and regulations.

Reasonable breaks will be allowed, not to exceed 15 minutes per 4-hour work period. This may be broken into two or three break periods subject to work requirements. This will not be in addition to smoke breaks. Breaks cannot be accumulated, taken in conjunction with meal periods, or used at the end of the duty day.

Overtime hours will be compensated at the appropriate rates in accordance with applicable laws and federal regulations.

The Employer reserves the right to assign overtime work. Employees are required to work overtime unless excused by the supervisor. Overtime assignments will be distributed equitably and rotated among employees qualified and available to accomplish the overtime work required. It is recognized that certain factors may cause imbalances in the equitable distribution of overtime. When assigning overtime, the Employer agrees to consider, but not be limited to, the following factors:

Employees assigned to overtime work will be given as much advance notice as possible. To the extent possible they will be given at least 2 days notice in order to permit them to readjust personal commitments. In cases of unscheduled or unforeseen overtime requirements, it is recognized that little advance notice may be possible because of mission requirements. The Employer agrees not to assign overtime as a reward or punishment, and to relieve an Employee, upon request, from an overtime assignment if another acceptable Employee is available and willing to work. It is recognized that the Employer has the right to determine which Employees are acceptable for an overtime assignment. Employer agrees to consider only work related criteria in making this determination. Employees will not be penalized for requesting to be excused from overtime. Any hours of overtime declined will be considered as worked, for the purpose of determining the equity of overtime distribution.

When personal religious beliefs require an Employee to abstain from work during certain periods of time, he may elect to work compensatory overtime and receive, instead of overtime pay, an equal amount of compensatory time off from his scheduled tour of duty. Requests may be disapproved if modifications in work schedules preclude the efficient accomplishment of the organization's mission.

Irregular or occasional overtime work which has been officially ordered and performed by the Employee on a day when work was not scheduled for the Employee, or which the Employee is required to return to his/her place of employment, is deemed at least two hours in duration for the purpose of premium pay, either in money or compensatory time as applicable, regardless of whether the Employee is required to work the full two hours. This is referred to as "call back overtime." Normally, travel time is not computed as time work is performed.

Employees will be compensated for work performed outside the duty day when such work amounts to at least 1/4 hour and then in increments of 1/4 hour rounded to the closest 1/4 hour. This provision is meant to apply to responses to telephone inquiries Employees receive at home.

A. When an Employee grade GS 10/10 and below is directed to work overtime and elects to receive compensatory time, that election is irrevocable once the overtime has been worked.

B. Employees will not be required to work overtime if they have a justifiable emergency or unavoidable personal situation.

C. Employees will be compensated for work performed outside the duty day, to include time worked via telephone or if in a standby status (5 C.F.R. §551.431).

D. Volunteers can be solicited to work compensatory time when overtime is not available due to budgetary constraints. Individuals will be solicited in accordance with normal overtime distribution procedures.

Any bargaining unit Employee may have dues deducted through payroll deductions. Such deductions will be discontinued when the Employee ceases to be a member in good standing of AFGE or submits a timely revocation form under the procedures of this Article.

The Union agrees to:

A. Inform the Employer, in writing, of the following:

(1) the dues amount(s) and changes in the dues amounts;

(2) the names of the local union officials responsible for certifying on each Employee's authorization form the amount of dues to be withheld, and for certifying to the Employer changes in allotments; and

(3) the name and address of the payee to whom the remittance checks should be sent.

B. Promptly forward completed and certified SF 1187's to the Civilian Personnel Advisory Center, Labor Relations Officer.

C. At the time the Union receives an executed SF 1187 advise Employees that dues withholding may only be voluntarily revoked on an anniversary date of the commencement of the dues withholding.

It is the responsibility of the Employer to:

A. Process voluntary allotments of dues in accordance with this article and in the amounts certified by the Union (all payroll deductions and transmittals will be made at no cost to the Union);

B. Withhold Employee dues on a bi-weekly basis;

C. Transmit remittance checks to the local allotees designated by the Union in accordance with this article, as expeditiously as possible at the end of each pay period, together with a listing of names and amounts withheld. The list will also include the names of those Employees for whom allotments have been permanently or temporarily stopped. If the Union requires information concerning the reason allotments were stopped, they may contact the payroll Customer Service Representative (CSR) in the CPAC.

Bargaining unit members wishing to have dues withheld by payroll deduction will submit their completed SF 1187's to the Union designated officials. These officials will certify the form and include the amount of dues to be withheld. The certified SF 1187 will be forwarded to the Civilian Personnel Advisory Center, Labor Relations Officer (LRO), for processing. The LRO will verify that the Employee is a member of the recognized bargaining unit and forward the SF 1187 to the Customer Service Representative (CSR). Dues withholding will become effective at the beginning of the next pay period if received by the LRO at least five workdays prior to the beginning of that pay period. Questions concerning whether an Employee is in the recognized bargaining unit will be resolved solely through consultations between the Agency and local union officials and/or through a unit clarification petition. In the event a clarification petition is filed, dues will not be withheld until the decision on the petition is final. The anniversary date for these individuals will be the date that withholding actually first occurs.

At any time there is a change in dues structure, the Union will notify the LRO of the new dues amounts. The new amounts will be deducted starting the first pay period following receipt by the LRO so long as it is received more than three work days prior to the beginning of the pay period. The notice must be signed by one of the Union officials designated to certify dues withholding forms.

Employees may revoke their dues withholding only once a year, on the anniversary date of the commencement of their original allotment (which is the last day in the pay period in which the servicing payroll office began withholding dues from the Employee's pay). Employees may revoke their dues withholding by submitting a SF 1188 to an officer of the Union within 60 calendar days prior to the Employee's anniversary date, but no later than the anniversary date. The Union will verify the Employee's anniversary date write the anniversary date on the top of the SF 1188, initial it, and promptly turn it in to the CSR. SF 1188's not timely submitted will be returned to the Employee. Dues will be withheld for the pay period in which the anniversary date falls, and then will cease.

A. Employees shall accrue annual leave in accordance with applicable laws and regulations. The Employer and the Union agree that the Employee should attempt to schedule annual leave so as to avoid leave forfeiture. An approved absence which would otherwise be chargeable to sick leave may be charged to annual leave, if requested by the Employee and approved by the Employer. However, annual leave may not be substituted for sick leave on a retroactive basis solely for the purpose of avoiding a forfeiture of annual leave at the end of the year, unless specifically authorized by law or regulation. Annual leave will be calculated in no less than 15 minute increments.

B. SF-71 will be used to document annual leave requests and approvals. Employees will request leave as soon as practicable after their need for leave is known. Supervisors will approve or disapprove Employees' requests for leave as soon as practicable after the request. When unscheduled annual leave (call in) is requested, the Employee will call the supervisor or his designee.

C. Employees shall submit a tentative request for annual leave on/or before the first (1st) of February each year. In scheduling leave, due consideration will be given to the Employee's wishes, consistent with workload requirements. Cancellation of scheduled "use or lose" leave will be based on installation exigency. The Garrison Commander or tenant activity commander will determine if the installation mission will suffer should the Employee be on leave. Cancellation of scheduled [leave] or refusal to schedule ‘use or lose’ leave will serve as reason for leave restoration, provided the ‘use or lose’ leave was scheduled before the start of the third biweekly pay period prior to the end of the leave year as required by government-wide regulation. The Employer will not unreasonably decline to schedule ‘use or lose’ leave requested reasonably in advance of the 3 pay period timeframe. It is incumbent upon both Employees to request and Supervisors to schedule all "use or lose" leave before the start of the third pay period prior to the end of the leave year. Supervisors will explain the necessity for cancellation of any leave which has been previously approved.

D. Requests for unscheduled leave in excess of five (5) working days will be submitted in as much advance notice as possible and the supervisor will act upon such request in a timely manner, normally within two (2) working days.

E. When there is a conflict in annual leave requests which cannot be resolved through discussion, such conflict will be resolved on the basis of the following considerations, which are listed in priority order:

(1) Timely submission of requests for annual leave.

(a) Employees who have submitted annual leave projections for the year prior to 1 February will be given consideration ahead of those who have submitted their annual leave projections for the year after 1 February.

(b) After 1 February, those who request changes or additions to their annual leave will be given priority based on date of submission of such request.

(2) Seniority based on service comp date for leave purposes.

(3) Prior leave granted for a particular day or time frame (e.g. day after Thanksgiving, Christmas week).

(4) It is understood that seniority may not be used again in future years for use of annual leave on the same day or time frame until all other unit Employees have had an opportunity to utilize leave for the particular time frame.

The Union recognizes that on certain occasions, particularly around holidays, the Employer may desire to close a particular activity or directorate. At those times the parties will consult and, if necessary, conduct AA&P on that issue. The Employer and the Union shall work to identify a list of alternate work sites to utilize those Employees that opt not to expend their leave during those periods of time. The Employer agrees to attempt to accommodate individual concerns of Employees over security, safety, and health. Supervisors who are not able to accommodate an Employee's request shall provide the Employee with written justification.

Employees may be granted leave without pay at their request when approved by the Employer. It may be granted whether or not the Employees have annual or sick leave to their credit. Extended leave without pay may be approved for such purposes as education which would be of benefit to the Employer, recovery from illness or disability, or protection of employee status and benefits pending initial decision on claims for disability retirement or injury compensation, as provided in applicable law and federal regulation.

An Employee eligible to vote and who requests excusal to vote in an election or a referendum on a civic matter in his community will be granted excused absence as follows: Up to three hours, either at the beginning or end of tour of duty, providing the polls are not open at least three hours before or after the Employee's scheduled tour of duty.

Any questions concerning entitlements for court leave will be handled by the Civilian Personnel Advisory Center. If a supervisor considers denying release of an Employee to appear in court he will first contact the Office of the Staff Judge Advocate.

A. (1) In the event an eligible Employee is called to jury duty or summoned under subpoena as a witness in a judicial proceeding to testify in a non-official capacity in a case where the Federal, State or Local Government is a party, he will be entitled to court leave.

(2) When an Employee is summoned under subpoena to testify in an official capacity at a judicial proceeding, he will be in an official duty status. Any witness fees and mileage received must be turned in to the appropriate office.

(3) When an Employee is summoned under subpoena or is requested to appear on behalf of a private party (to include themselves), the Employee will request annual leave/leave without pay.

(4) The Employee served with a subpoena or summons in (1),(2), or (3) above will bring it to the attention of his supervisor normally within two duty days following the service of the summons or subpoena, to allow for scheduling.

B. An Employee on court leave will be paid at his basic rate for the time lost from his normal work schedule, provided he presents the court order, subpoena, or summons to his supervisor. Normally within one duty day of receipt, written evidence by the clerk of the court of his attendance at court is required, showing the dates (and hours, if possible) of the service. If the Employee is excused or released by the court for any day and there are at least three hours left in the employee's tour of duty, he is expected to return to duty or contact his supervisor or his designee to request approval of leave. Failure to return to duty or submit the appropriate written evidence as provided above may result in a charge to another form of leave or absence without leave.

A. The Union and the Employer recognize the importance of sick leave and encourage Employees to conserve sick leave so it will be available to them in case of extended illness or injury.

B. Sick leave, if accrued, may be granted to Employees when they are incapacitated for the performance of duty for reasons of illness, injury, for reasons contained in the Family Friendly Leave Act or other reasons as provided by government-wide leave regulations. Employees will request leave for medical, dental, and optical examinations or treatments with as much advance notice as possible.

C. The following procedures will be followed by Employees when requesting unscheduled or emergency sick leave:

(1) When Employees are unable to report to duty because of illness, it is their responsibility to request sick leave. The Employee will personally call his supervisor or the supervisor's designee within 2 hours after the beginning of the Employee's tour of duty on the day of absence. Only if the Employee is unable to reach the Supervisor/ designee should he leave a message requesting sick leave. When calling, the Employee will leave a phone number, if other than their home phone number, where they can be contacted. A call from someone other than the employee is acceptable if the Employee is physically unable to call personally.

(2) When the Employer determines that certain Employees must call in earlier because of the mission requirements of the activity, those Employees shall be notified, in writing, prior to instituting this requirement, and the deadline for calling will be as provided in the notice. The Union will be notified whenev

er this requirement applies to positions it had not applied to previously.

(3) When the Employee calls his supervisor, he will explain the general nature of the illness and probable duration of the absence. The Employee will notify his supervisor of any changes in the expected date of return. Employee is still expected to remain reasonably available for necessary telephone calls.

(4) If the Employee's absence on sick leave is expected to be for an extended period, i.e., a week or more, the Employee will call the supervisor when a week has passed and advise him of his status and probable return to duty. If the absence involves recuperation from a major illness or injury and a period of recuperation has been directed in writing by a health care provider, such notification is not required. The Employee will provide his supervisor with written notice from his health care provider stating the health care provider's opinion of the earliest date that the Employee may return to work and any limitations recommended by the health care provider as soon as possible. Any limitations by the health care provider must be identified no later than the day the Employee returns to work.

A Health Care Provider is:

(a) A licensed Doctor of Medicine or Doctor of Osteopathy or a physician who is serving on active duty in the uniformed services and is designated by the uniformed service to conduct examinations;

(b) A person providing health services who is not a medical doctor, but who is certified by a national organization and licensed by a State to provide the service in question; or

(c) A Christian Science practitioner listed with the First Church of Christ, Scientist, in Boston, Massachusetts.

D. Employees whose absence exceeds four (4) days may be required to furnish a medical certification to justify absence. The requirements for Employees to produce a medical certificate to support a request for approval of sick leave absence that exceeds four (4) days is based on the belief that generally illnesses that exceed four days should be diagnosed and evaluated by a professional medical practitioner for the purpose of controlling and curing the illness and certifying that the Employee is physically fit to resume his employment. In lieu of a medical certificate, when such a certificate would normally be required, an Employee's signed statement explaining the nature of his illness may be accepted if his sick leave record shows no pattern of excessive, regular use, and when in the judgment of the supervisor it is believed to be unreasonable to require a medical certificate because the nature of the illness does not require the services of a physician. When medical certification is required, such certification will normally be provided by the Employee to the Employer within 48 hours of return to duty.

E. In individual cases where there is reason to believe an Employee is abusing sick leave, a medical certificate may be required to support all requests for sick leave. In such cases the Employee concerned shall be notified in writing, in advance, that all future sick leave absences will have to be supported by a medical certificate. The written notice will explain the reason why the Employee is suspected of abusing sick leave. The notification will be reviewed on each 6 month anniversary date of its issuance. The Employer will provide the Employee a notice the restriction is still in effect after each review. Should the Employer not provide the Employee a notice the restriction is still in effect within 14 days after the anniversary date, the restriction will expire. While on a restriction the Employee must provide a medical certificate within 7 days of returning to duty. Failure to submit such certificates may result in denial of sick leave for the uncertified absences and such other disciplinary action as the facts and circumstances may warrant.

F. Sick leave abuse may be defined as a pattern of excessive, regular use, such as every Monday or Friday, or after or before holidays on a regular basis, etc. These are just examples and do not represent all patterns that would be considered abuse. Scheduled appointments are not reflective of patterns. Sick leave use, regardless of quantity, does not by itself constitute a pattern of abuse.

G. When an Employee is absent for 5 or more consecutive workdays due to illness or injury, exposed to a contagious disease, or is directed by a health care provider, they must be cleared by the Employer's Occupational Health Clinic (extension 5787) or the MEDDAC designee before reporting to their work site. Contagious disease means a disease which is ruled as subject to quarantine, or isolation as directed by a health care provider.

H. All food service, day care, or personnel who come into direct contact with patients must be cleared by the Employer's Occupational Health Clinic or the MEDDAC designee prior to returning to duty regardless of length of illness.

I. The Supervisor will ensure that each Employee is provided the appropriate point of contact and phone numbers to meet the requirements of G and H above.

J. If Occupational Health determines that an Employee is not cleared for duty, the Employee will contact the Supervisor to request leave. Annual or sick leave should be granted if the Employee has a leave balance. If the Employee does not have a leave balance in either category, the Employer will consider LWOP on a case by case basis.

K. If the Supervisor believes that an Employee who has reported to work is too ill to perform assigned duties, the Supervisor may refer the Employee to Occupational Health, at no charge to personal leave.

L. When an Employee makes a request for a benefit or accommodation because of a medical condition, such as frequent or extended sick leave, the supervisor may require that the Employee submit administratively acceptable documentation in support of the request.

M. Advanced annual leave and/or sick leave may be granted in accordance with appropriate rules and regulations.

A. Eligible Employees shall be entitled to all holidays now prescribed by federal law and any that may be later added by law and all holidays designated by Executive Order.

B. Employees may be required to work on a holiday. Employees will be compensated for work on holidays in accordance with applicable laws and regulations.

C. The Employer agrees that all Employees required to work on a holiday will be given as much advanced notice as possible and normally not less than 48 hours in advance.

A. Excused absences are authorized on an individual basis, except where all or part of the installation is not operating due to interruption of normal operations caused by events beyond the control of management or Employees.

B. Illness caused by required vaccinations or immunizations. An Employee absent because of illness resulting from administratively required vaccinations or immunizations will be excused.

C. Medical Examinations. Those Employees required by the Employer to submit to medical examination to determine their continued medical fitness for duty will not be charged sick leave or other leave during the examination. Excused absence up to one full day will be granted for physical examinations conducted when an Employee is in normal duty status, for enlistment, re-enlistment, or induction into the armed forces when a request is supported by official notice from military authorities, IAW published agency regulations.

D. Military Leave. Employees will be entitled to military leave in accordance with applicable laws and regulations.

E. Emergency rescue or protective work. Subject to supervisory approval, Employees who are members of chartered emergency rescue squads or volunteer fire companies recognized by civil authorities and operating in areas near the installation will be authorized up to 40 hours excused absence during the leave year. Employees must make their supervisors aware of the outside activities such as volunteer fire fighting or rescue squad work if they intend to request excused absence. Upon return to duty, squad members will furnish a statement signed by the squad official describing the specific emergency. This statement will support the Employee's time and attendance report.

F. Blood Donations. Subject to mission requirements, when Employees are released by the Supervisor to donate blood they will be given up to four (4) hours of administrative time for which the Employee would otherwise be in a duty status. The four (4) hours begins when the Employee leaves the work site to donate.

The Employer agrees to comply with the Family Medical Leave Act (FMLA). Employees may request information on FMLA from their supervisor or CPAC.

In the event of the death of an immediate family member, and if an employee has no annual leave to his/her credit, the Employer will normally approve a request for three days of either leave without pay or advanced annual leave, if otherwise allowable. Sick leave may also be granted to make arrangements for the funeral of an immediate family member.

a. The Employer and the Union agree to cooperate in providing equal opportunity in employment for all persons, to prohibit discrimination because of age, color, race, religion, sex, national origin, political affiliation, marital status, or handicap, and to promote the full realization of equal employment opportunity through a continuing affirmative action plan.

B. "No person shall be subject to retaliation for opposing any practice made unlawful by Title VII of the Civil Rights Act (Title VII) (42 U.S.C. §2000E), the Age Discrimination in Employment Act (ADEA)(29 U.S.C. §621), the Equal Pay Act (29 U.S.C. §206d) or the Rehabilitation Act (29 U.S.C. §791) or for participating in any stage of administrative or judicial proceedings under these statutes." 29 C.F.R. §1614.101(b)

The Employer agrees to process all formal discrimination complaints made by Employees in accordance with 29 C.F.R. Part 1614.

The Employer agrees to furnish to Employees places and conditions of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm. The parties recognize that certain missions or circumstances may involve inherent risk that can only be minimized. Standards used by the Employer will be consistent with OSHA standards which are applicable to the Employer's operations. The Employer will ensure that DD Form 2272, Department of Defense Safety and Occupational Protection Program, is displayed and visible in all Employee work places. Employees are responsible for performing their work in a safe manner and will promptly report to their supervisor(s) any observed unsafe conditions.

A. Safety records will be maintained by the Employer as required by law or government-wide regulation. Safety records will be made available to involved Employees at their request to the extent not prohibited by law.

B. The Employer agrees to compile and maintain occupational injury and illness records required by law or government-wide regulations and provide copies of those records to the affected Employees upon request to the extent not prohibited by law.

Employees will notify the appropriate supervisor of all accidents and injuries as soon as practicable. The on-duty injury must be identifiable by the time and place of injury, the specific body part involved, and the specific duty function at the time of the accident. If known, Employees will also provide the names of all witnesses to the accident.

When a work place inspection is conducted by a safety and/or health inspector, a Union representative shall be invited to participate. That representative shall have the opportunity to accompany the inspector(s) during the physical inspection both to aid the inspection and to allow for such representatives to be better informed of any existing or potentially unsafe or unhealthful working conditions.

The Employer hereby agrees to maintain an occupational health program. Medical services will be provided in accordance with applicable laws and regulations. Employees should call 911 to contact the local police department and rescue squad.

The Material Safety Data Sheet (MSDS) CD-ROM system at the Safety Office is available to the Union and Employees for providing MSDS’s for those substances in use or proposed for use within the workplace. Current applicable MSDS’s will be made readily available to all Employees in each work site.

When the Employer requires the use of and/or wearing of protective clothing and equipment (PCE), the specified items shall be furnished to Employees at no cost and shall be used for official purposes only. The Employer will provide Employees with required PCE as determined by safety and/or health professionals in accordance with applicable guidelines. The PCE will be replaced when the existing PCE is deficient as determined by the supervisor. Disagreements between Employees and supervisors will be referred to safety and/or health professionals. Employees will use and maintain the PCE provided and submit deficient items as soon as possible after the item becomes deficient to the supervisor for serviceability evaluation and replacement. If the PCE is lost, damaged, or destroyed other than through fair wear and tear, then the provisions of AR 735-5 apply. All personal PCE purchased by Employees must meet required safety and health standards, conform to the type of PCE required for the job as determined by safety and health professionals, is subject to inspection by the supervisor and safety and/or health professionals, and must be maintained by the Employee. The Employer also agrees to provide serviceable safety equipment other than PCE as may be required. The Employee will report identified/recognized deficiencies to Employer for appropriate action.

A. The Employer agrees to assure the abatement of working conditions which have been determined to be unsafe or unhealthy as soon as possible. If the Employer cannot promptly abate the unsafe or unhealthy condition, the Employer agrees to develop an abatement plan for the unsafe or unhealthy working condition and to inform Employees who are affected by the unsafe or unhealthy condition of the provisions of the plan.

B. The Employer agrees that no Employee will be subject to restraint, interference, coercion, discrimination or reprisal for reporting unsafe or unhealthy working conditions or for participating in the Employer's occupational safety and health program activities.

C. The parties encourage Employees to comply with established safety and health standards and work practices, and emphasize the responsibility of every individual to perform their duties with due regard for their safety and that of their co-workers.

Employees shall report imminent danger situations expeditiously. The Employee has a right to decline to perform his assigned tasks because of a reasonable belief that, under the circumstances, the task poses an imminent risk of death or serious harm coupled with the reasonable belief that there is insufficient time to effectively seek corrective action through normal hazard reporting and abatement procedures. If the supervisor believes the condition or corrected condition does not pose an imminent danger, then the supervisor or Employee may request an inspection by the agency safety office. The Employer may discipline an Employee who knowingly makes a false claim of imminent danger to avoid performing his duties.

When an Employee makes a written safety suggestion management has the responsibility to act upon it or respond to it in writing within thirty (30) days.

An Employee suffering an on-the-job injury that results in absence from duty over an extended period of time should contact the Fort Drum Command Safety Office (CSO) to obtain information on pay options available under the Federal Employees Compensation Act.

Employees directly affected with after hours appearances at facilities to answer alarms which were activated (e.g. weapons vaults) will wait for law enforcement support before entering the facility. Employees required to respond during nonduty hours to unlock facilities for fire department officials will not be required nor permitted to enter the facility until such time as the fire department officials have determined that no hazard exists.

When requested in writing, the Occupational Health Office or the Safety Office will provide an ergonomic survey of a work area where repetitive tasks are performed to provide recommendations for ergonomic improvements. The requests for and the survey results will be forwarded through the directorate head or activity chief. A copy of the survey results will be provided to the Union, and affected Employees will be provided copies upon request. The Employer agrees to consider and make appropriate adjustments, within available resources, identified by the surveys, and to take into consideration the input of the Employees. If budgetary parameters prevent immediate implementation of these adjustments, an unfinanced requirement will be initiated and appropriate accommodation will be made for the Employee pending execution of the UFR. Ergonomic surveys will be included in the mandatory surveys and inspections. Individual cases of medical need requests, as substantiated by written documentation from a health care provider or the Occupational Health Clinic, will be conducted within thirty (30) days. Nothing in this section is meant to preclude resolution of perceived hardship through other means, such as resolution by the supervisor upon identification of the problem by Employees.

Upon request from the Employee, the Employer will provide an annual visual acuity screening for Employees who work at a video display terminal (VDT) 20 or more hours a week.

After every hour of continuous VDT operation, Employees will be provided a five minute respite from operation of the VDT to provide them the opportunity to get away from the screen and to move about to assist in the reduction of repetitive task injuries, unless longer periods are required by medical authority.

Employees will not be subjected to medical examinations and testing except as authorized by law and regulation.

When an Employee comes in contact with hazardous chemicals/POL, adequate duty time is appropriate for cleanup.

An Employee who has a complaint concerning unsafe or unhealthy working conditions may file a grievance IAW the negotiated grievance procedures after:

a. The Employer has failed to meet the time limits for conducting required inspections.

b. The Employer has failed to meet established time limits for resolving Employee complaints under complaints resolution procedures established IAW applicable regulations.

c. The Employee is dissatisfied with the final decision received from the Employer under complaints resolution procedures established IAW applicable regulations.

It is agreed that supervisors will initiate continuation of pay (COP) memorandum and forward the original to Fort Drum CPAC or the tenant POC with a copy furnished to Command Safety Office (CSO) in a timely manner.

The Employer shall maintain the objective of eliminating or reducing to the lowest possible level existing work safety hazards. When the Employer's actions do not overcome certain hazards, hazardous duty pay shall be paid in accordance with applicable laws.

If during a work assignment an Employee believes he has been assigned work that meets the requirements for hazardous duty pay and the hazard has been recognized by appropriate authority, the Employee should call the matter to the supervisor's attention. The Employer will consider the matter promptly and, when a determination has been made, will advise the Employee whether hazardous duty pay is authorized. If it is not authorized, the supervisor will inform the Employee in writing, citing specific authority for the determination.

When an Employee's Health Care Provider recommends light duty following an on or off the job injury, the Employee will provide adequate medical documentation to the Supervisor. Normally, adequate medical documentation includes diagnosis and prognosis, and identification of any restrictions. If the Employer determines additional information is needed in a specific case, they will tell the Employee what specific information is needed. Upon receipt of medical documentation the Supervisor:

A. Will insure the Employee clears the Occupational Health Clinic to verify physical limitations;

B. Will make reasonable efforts to assign the Employee to light duty within the Employee's section;

C. Will consider arranging for light duty in another work area if no light duty is available in the Employee's duty section.

Both parties recognize that light duty assignments cannot continue indefinitely. In addition, both parties recognize that if an Employee is permanently disabled or their medical authority is unable to determine how long the temporary disability will exist, appropriate action will have to be taken.

Both parties recognize that light duty opportunities are limited and people who have suffered on the job injuries will receive priority consideration.

The foregoing shall not be interpreted to continue in his position a temporary Employee beyond his NTE date.

The Employer agrees to print at no cost to the Union, one copy of this agreement for every bargaining unit Employee. Initially the Union will be provided 25 copies and may request additional copies as needed. Distribution of the agreement to bargaining unit members is the responsibility of the Employer. All new bargaining unit members shall receive a copy of the agreement as part of their inprocessing.

The Union shall have the right to approve the galley proof copy prior to going to press and shall initial the proof for record purposes.

For historical purposes, the Employer and the Union shall sign one (1) record copy of the agreement.

Employees will be afforded the opportunity to attend a briefing on the new contract for the purpose of helping the Employees understand the basic terms of the contract. There will be four 2-hour briefings conducted by the Union and the LRO at facilities mutually agreeable to both parties.

The Employer will provide Employees with training and development opportunities which will enable the Employees to do their work effectively, to include training on new equipment. Such opportunities will be based on the best interests of the Department of the Army, (e.g., budget, staffing, workload). Employees' desires and requests for training will be considered.

The Employer and the Union recognize that training of Employees is essential to efficient operations. Therefore, the parties agree to encourage all Employees to take advantage of available and recognized training and educational opportunities identified and offered related to their position.

Upon Employees' request, the Employer agrees Employees may enroll in mutually agreed upon job-related web based/correspondence courses. The Employee is authorized access to Supervisor approved training using a government computer. Duty time for completion of courses will be at the discretion of the 1st line supervisor.

The Employer will initiate in conjunction with the Employee a training and career development plan for those positions requiring such a plan. Disputes will be grievable.

The Employer agrees to disseminate training opportunities/announcements to all employees. The information will be transmitted electronically and/or posted to the official bulletin board.

Any training for Employees adversely affected by the impact of realignment of work forces or technological change will be provided by the Employer IAW Section 304, Title III of the Civil Service Reform Act of 1978

The Union will be included in but not limited to the following as full members:

A. Garrison Executive Council (at the Commander’s discretion),

B. Federal Women's Program Committee;

C. Disabled Employees Awareness Committee;

D. Cultural Awareness Committee;

E. Organization Partnership Councils;

F. Safety Committees/Councils involving areas where bargaining unit members work;

G. Training Committee.

A. Both parties agree that Union involvement in the strategic planning process that affects Employees is beneficial to the successful deployment of these initiatives.

B. The Union will be provided a copy of the final Army Performance Improvement Criteria (APIC) local assessment and a copy of the FORSCOM feedback report of the installation assessment to the extent releasable under 5 U.S.C. 7114(b). The Union will be afforded the opportunity to attend any local conference or meeting at which the outcome of the assessment is presented. Any fundamental changes made to APIC procedures will be subject to AA&P.

The Employer and the Union agree that substance abuse is serious and treatable and that rehabilitation of substance abusers is in the public interest. The Employer agrees that administration of its Alcohol and Substance Abuse Prevention and Control Program (to include drug testing) will be done in compliance with law. Both the Employer and the Union strongly support the goal of a drug-free work place.

The Employer and the Union agree that they are not concerned with an Employee's use of legal substances except as it affects the Employee's performance, attendance, interpersonal relationships at work, or the efficiency of the service. This is not meant to preclude informing Employees of the availability of Civilian Counseling Services at any time. Neither the Employer nor the Union condone Employee drug activity which is contrary to law. In cases where misuse of licit or illicit substances impairs an Employee's job performance disciplinary action may be appropriate.

No Employee will have job security or promotion action jeopardized by a request for counseling or referral assistance except in certain instances in which the Employee occupies a sensitive position. Following the request, should the Employer determine that the sensitivity of a position is so great that an incumbent substance abuser could have an adverse effect on safety, security, or other compelling factors, the individual will be assigned appropriate duties, temporarily detailed, or granted leave for rehabilitation purposes. Nothing in this section is to be construed as adversely affecting the Employer's right to take appropriate action based on an Employee's poor job performance or misconduct.

The Employer and the Union recognize the need of the substance abuser for assistance and are committed to assisting interested Employees to find such assistance. The Employee(s) shall be afforded the right to have Union representative(s) present at substance abuse counseling by a supervisor, when requested by the Employee.

Drug and alcohol records of Employees will be kept strictly confidential, in accordance with public law.

The Employer and the Union encourage Employees who suspect they may have substance abuse or other personal problems to voluntarily seek assistance and information as early as possible.

Counseling and rehabilitation services will be offered to family members of Employees with substance abuse problems and offered to Employees who have family members with substance abuse problems, subject to availability of ADAPCP clinical services.

In the event that drug testing is required (other than random sampling of employees in the drug testing program), the Employer shall inform the concerned Employee(s) in writing, of each of the following:

A. How the Employee was selected for the test; e.g., suspicious behavior, pursuant to an investigation, etc.;

B. Of the opportunity for the submission of supplemental medical documentation to support the legitimate use of a specific drug;

C. Of the availability of drug-abuse counseling and referral services available through the Civilian Counseling Services to which he can voluntarily submit to at any time, including after the test and prior to the return of the results, without reprisal;

D. The right to Union representation concerning the matter after the test is imposed, subject to limitations imposed by law, rule, or regulations.

The Employer agrees that the results of a confirmed positive drug test (that is after confirmation by the Medical Review Officer) may result in a number of management decisions or options; these may include, but are not limited to, leaving affected Employees in their assigned positions, temporarily assigning such Employees to other duties, placing Employees on administrative leave, placing Employees in some other appropriate status, or initiating disciplinary action up to and including removal. Employees who are assigned to other positions or granted administrative leave may be returned to their original position following successful completion of an appropriate treatment program and determination that the Employee no longer poses a danger to health, safety or security.

Employees whose tests have been confirmed positive will be notified in writing of the opportunity to be referred to the Civilian Counseling Services for counseling and/or rehabilitation. If the Employee chooses to participate in the program, the Employee will be subject to unannounced testing only during the period of treatment. After treatment is completed, the Employee will be subject to testing only as otherwise required for their position.

The Employer will strive to place an Employee, after successful completion of rehabilitation, in the same or similar position occupied before the problem occurred unless sound reasons exist for alternate assignment.

Regardless of the test results, the Employee has a right to receive, upon request, copies of all records and related documentation concerned with the drug abuse test.

This article is intended to establish and describe procedures the Employer will take in the event of a reduction-in-force. It is also intended to establish a balance to protect the interests of Employees while allowing the Employer to exercise its rights and duties in carrying out the mission of the agency.

The policy, procedures and terminology established in this article are to be interpreted in conformance with 5 USC, 5 CFR, and appropriate implementing regulations.

SECTION 3

Where the Employer is left discretion in choosing a course of action in any matter covered in this article, the action will be a subject of AA&P negotiations.

For purposes of this agreement Reduction-in-Force (RIF) shall have the following meaning in accordance with 5 CFR 351. RIF means the release of a competing Employee from his/her competitive level by:

A. Separation.

B. Demotion.

C. Furlough for more than 30 consecutive days, (or more than 22 work days if done on a noncontinuous basis).

D. Reassignment requiring displacement when the release is required because of:

(1) Lack of work.

(2) Shortage of funds.

(3) Insufficient personnel ceiling.

(4) Exercise of re-employment rights or restoration rights.

(5) Reclassification of an Employee under circumstances described in 5 CFR 351.201.

From the time when it becomes apparent that a reduction in force may be necessary, the Employer will keep the Union and Employees informed. The Employer and Union agree to support actions which will mitigate potential RIF, to share any ideas for such actions, and to implement those ideas which are feasible. If RIF becomes necessary, the Employer agrees to notify the Union of reasons RIF is proposed, approximate number and types of positions affected, proposed effective date of the action, and to provide an opportunity for the Union to negotiate on behalf of the affected Employee(s). As the RIF planning proceeds and more specific information becomes available, the Employer agrees to share RIF information with the Union promptly. The Employer further agrees to provide specific and, if applicable, general RIF notices to the Union concurrent with issuance to Employees.

All Employees in the RIF area will be provided the opportunity to review data elements from the automated system (MODERN or subsequent) which impact RIF standing/placement and to submit corrections which will be posted prior to the RIF.

Registers and other records concerned with the reduction in force will be maintained for inspection in the Civilian Personnel Advisory Center or Civilian Personnel Operations Center. Employees and their representatives will be permitted to inspect not only the register for their own competitive level, but also other registers and records which have a bearing on reduction in force actions in their specific case. The Employer shall make available for review a copy of all retention registers affecting Employees simultaneously with the issuance of RIF notices to affected Employees.

RIF’s will be administered in a manner which will effect the necessary reductions in personnel strength with a minimum of disruption to the mission and of dislocation of Employees.

RIF procedures do not suspend the Employer's authority and responsibility to take other legitimate actions in accordance with law, such as reassignment, change of duty station, or demotion for unacceptable performance.

Funded vacancies within the competitive area will be used: in lieu of RIF; to satisfy Employee's RIF assignment rights; or in lieu of RIF separation.

Employees who receive notice of separation who are nearly eligible for retirement will be allowed to use accumulated annual leave to cover a maximum of 90 calendar days in order to become eligible for an immediate annuity. This will allow Employees to remain on the employment rolls beyond the date of the RIF if they become retirement eligible before their annual leave runs out.

If two or more vacant positions are equal in terms of representative rate, the CPAC will determine the position to be offered, considering the medical and physical condition of the Employee when determining placement suitability.

Materials submitted to the CPAC for inclusion into an OPF prior to an established date (publicized at least one week in advance) will be considered in determining placement rights.

Prior to a RIF, the CPAC will approach serviced commanders in other competitive areas within the commuting area to request that they consider using their funded vacancies to place affected Employees.

Qualifications may be waived in offering vacant positions to Employees (except minimum education requirements), when in the opinion of the Civilian Personnel Advisory Center or commander the Employee has the capacity, adaptability, and special skills needed. Both parties support the goal of maximizing Employee retention by waiving qualifications when appropriate.

Nothing in this article is intended to waive the Union's right to bargain over the AA&P of any RIF affecting Employees during the life of this contract. The parties agree not to renegotiate existing provisions of this article.

A. The TAPES will be administered in accordance with applicable laws and regulations. the Employer agrees to operate a performance appraisal system that is fair and as objective as possible. Where Army Regulations conflict with this article the provisions of this Article will be applicable unless changes are required by law or government wide regulation.

B. The Employer agrees to utilize the Total Army Performance Evaluation System (TAPES) (AR 690-400) for evaluating all bargaining unit Employees. All GS-8's and below will receive a performance appraisal utilizing the Base System. All GS-9's and above will receive a performance appraisal utilizing the Senior System.

C. In order to ensure that the TAPES system is effectively utilized, the Employer will make available appropriate training, orientation, and/or assistance for Supervisors, Raters and Employees. Such training, orientation, and/or assistance will be made available to new Supervisors, Raters and Employees within the first three months of assignment. Both parties encourage all personnel to develop their understanding of the system through attending offered training and actively seeking available assistance.

D. The Employer and the Union may periodically evaluate the effectiveness of the performance appraisal system and recommend improvements as appropriate. At any point should the ability to explore alternate appraisal systems become a possibility, the parties agree to pursue implementation of mutually agreed upon systems.

E. If circumstances affecting the work situation arise during the performance period, expectations of performance for the remainder of the period should be added, deleted or modified in the performance plan as appropriate. An approved performance plan must be in place for at least 120 days for an Employee to receive a rating.

F. Raters will make allowances for those factors which are beyond the direct control of the Employee and have caused the Employee not to fulfill a specific performance objective or responsibility. The Ratee will inform the Rater of each circumstance which the Ratee believes prevents the successful accomplishment of standards/responsibilities/objectives due to reasons beyond their control. This will be accomplished as soon as practicable when the situation occurs. The information will be provided in writing and will be initialed and dated by the Rater and Ratee.

The "values" portion of TAPES is a "... mechanism for discussion between supervisor and subordinate of Army personal values and ethics, such as commitment, competence, courage, loyalty, duty and integrity. These personnel values and ethics do not become part of an Employee's summary rating, but are used for discussion purposes only (Appendix C, Chapter 4302, AR 690-400, emphasis added)." Raters will use only the definitions contained in DA Pam 690-400 in preparing comments regarding Employee values. Just remember, the intent of this section is to allow you to document only positive aspects of the Ratee's contributions that do not necessarily result in work output.

At the initial and mid-point counseling sessions of the rating period, in which the performance objectives are discussed and the checklist or support form (as applicable) is initialed, an Employee may have a Union representative present if the Employer has more than one management person present, if requested by the Employee. The presence of a Union representative is not required at routine TAPES counselings; however, at the election of the Supervisor, a Union representative may be requested.

Raters will ensure that performance plans are in place within 30 days from the beginning of each rating period. Employees are expected to prepare and submit a draft checklist or objectives prior to the start of their rating period. Senior system employees are expected to prepare and submit their significant accomplishments near the end of the rating period. Raters will conduct formal performance-related discussions at both the beginning and approximate mid-point of each rating period.

A. Performance appraisal of an Employee is a continuing process. Face to face counseling is mandatory for all Employees.

B. The Employer will hold a midpoint counseling session with each Employee during each rating period. This midpoint counseling session will be conducted during a window defined as the rating period midpoint, plus or minus 30 days. If the initial counseling is delayed then the time for the midpoint counseling will be delayed accordingly.

C. During counseling sessions Ratees will be informed of their level of performance to date by comparison with their documented performance standards and responsibilities/objectives established for their position. When applicable, Ratees will be provided guidance and advice as to how to improve their work productivity. Highlights of discussions pertaining to performance must be recorded on appropriate performance plan and initialed by both Rater and Ratee. Any written input provided by the Ratee will be discussed, initialed by the Rater and Ratee and attached to the plan. The initialing will constitute neither agreement nor disagreement with the content of that recorded or attached; it will simply indicate that both parties were made aware of the content and did discuss the issues.

D. At any time during the rating period that a Ratee's performance fails to meet a documented standard/responsibility/objective, the Rater will inform the Ratee in writing that their performance is failing to meet the standards required.

A. The Employer agrees to assist Employees in improving performance and to provide them reasonable opportunity to demonstrate acceptable performance. The first steps taken are corrective in nature and include counseling sessions. One of these counseling sessions will be in writing notifying the Ratee in writing that performance is unacceptable, identifying both the specific deficiency(s) and the documented responsibilities/objectives/standards which the Ratee failed to perform at an acceptable level. Raters should be able to demonstrate to the Ratee the specific performance deficiency. Other corrective steps may include constructive assistance, remedial training appropriate to the situation and closer supervision, as appropriate. The Employer agrees to use these steps to assist Employees in performance improvement prior to taking other appropriate actions.

B. In the event the Ratee continues to perform at an unacceptable level despite steps taken above, the Rater will:

(1) Counsel the Ratee for failure in specific responsibilities, objectives or performance standards prior to issuing a Performance Improvement Plan (PIP).

(2) Issue a PIP which clearly states what the Employee must do to improve from fails to needs improvement for specific responsibilities, objectives or performance standards. The plan will also identify the assistance the Employer will provide, appropriate to the Ratee's situation, which may include but is not limited to formal training, on the job training, counseling and closer supervision. This plan shall also identify what is required to improve from the current level to a Success Level since it is recognized that the goal is to get all Employees up to a Level of Success. Specific responsibilities, objectives, or performance standards not initially addressed in the PIP will not be added, but may be addressed in a separate PIP.

(3) Not hold the Ratee accountable for work not completed during an excused period of absence.

(4) Inform the Ratee that failure to achieve and sustain an acceptable level of performance may result in reassignment, reduction in grade or removal.

The Ratee will be the last to sign the evaluation. The completed evaluation will reach CPAC within 45 days following the close of the rating period. Ratees within the Senior System are encouraged to provide written significant contributions to their Rater promptly within the time frames established.

A. This merit promotion and internal placement system shall regulate the filling of bargaining unit positions by means of fair and equitable procedures.

B. This system shall be administered by the Employer so as to enable individuals to be evaluated and considered according to their merit and ability.

C. All positions in the bargaining unit that are filled utilizing competitive promotion procedures shall be filled with available qualified candidates.

Merit promotion actions for positions within the bargaining unit will be processed and made in accordance with this Agreement. Additionally, because 5 CFR §335.103 requires a local merit promotion plan, the parties agree that Northeast Region CPOC Regional Merit Promotion Plan, dated 18 May 1999, applies where it does not conflict with the Agreement.

A. A detail is the temporary assignment of an Employee to another position or set of duties, either at the same, higher, or lower grade, or to an unclassified set of duties. Employees on a detail should update their resume in the RESUMIX system to document their detail experience. The Employer reserves the right to decide when the use of a detail is necessary to accomplish the mission and to detail. Under normal circumstances details shall be on a fair and equitable basis, to include those rotated among Employees. Details of 31 calendar days or more will be documented in the Employee’s Official Personnel Folder (OPF).

B. Details of more than 45 days to a higher graded position will be filled using competitive procedures.

A. When filling Garrison positions utilizing competitive promotion procedures, first area of consideration which will be established will include all Fort Drum activities subject to this Agreement. Tenant organizations will limit first area of consideration to their organization when qualified candidates are known to exist within the organization.

B. Management has the right to select from any appropriate source; therefore, provision number one is the first step in the procedure for filling vacancies utilizing merit promotion procedures and does not preclude management from filling vacancies from outside Fort Drum after any qualified applicants from a Fort Drum activity are identified using provision number one.

A. Consideration under internal merit promotion procedures will normally be via submission of a resume meeting RESUMIX requirements into the Northeast Region CPOC’s inventory. Employees should not wait to submit their resume into the system until a vacancy is announced for which they wish to self-nominate. Employees can obtain instructions for RESUMIX, submit resumes, and self-nominate for positions by going to www.cpol.army.mil . Employees are authorized use of government computers for these purposes.

B. Employees may contact the CPAC if they require additional assistance with RESUMIX, or to report apparent problems with the system.

C. To receive consideration, Employees must follow the specific application procedures listed in the vacancy announcement.

D. Employees may call the job line at CPAC (772-6500) for a listing of current vacancies. Vacancy announcements will be distributed through electronic mail and hard copy distribution. Vacancy announcements are also available at CPAC.

No Employee may be disciplined except for such reasons as will promote the efficiency of the federal service as provided in 5 U.S. Code chapter 75. When an Employee's misconduct, on or off duty, impedes the efficiency of the service, appropriate disciplinary actions may be taken.

The Employer agrees that all disciplinary actions shall be handled in an expeditious manner after the Employer has become aware of the alleged misconduct.

Employees who may be suspended from duty without pay or removed from the federal service under the provisions of 5 U.S.C. Chapter 75 and who are subject to the provisions of that chapter will be given notice of the proposed action. The Employee, at his option, may provide an oral or written reply or both. The Employee may be represented at the reply by a representative of his choice, provided the representative consents to representing the Employee and there is no conflict of interest. Grievance or appeal rights of the Employee will be included in the notice of decision. This notice will refer to AFGE Local 400, the Union's building number, the telephone number, and the name of current president.

The Employer will provide the concerned Employee a copy of the material used to support the action which is furnished to the deciding official, with the exception of the Employee's Official Personal File, which may be reviewed by the Employee or his representative at the Civilian Personnel Advisory Center. Any material not disclosed will not be used by the employer to support their reasons in the notice. Any new evidence which will amend or create a new allegation or reason for the proposed action, will require a new proposed action if such evidence is to be relied upon. This does not prevent the deciding official from gathering additional information to verify or refute information contained in the packet or provided by the employee.

When the Employer proposes to suspend an Employee for fourteen (14) calendar days or less, the following procedures will apply:

A. The Employer will provide the Employee with at least ten days advance written notice. The notice will state the reasons for the proposed disciplinary action, with sufficient detail to enable the Employee to understand the reasons for the action.

B. The Employee may respond orally and/or in writing within ten days from receipt of the notice, and may furnish affidavits and other documentary evidence in support of his/her response. The Employee will normally be granted an extension of the reply period, if the Employee:

(1) Requests such an extension in writing prior to the expiration of the initial response period; and,

(2) Provides demonstrated and valid reasons for requiring such an extension.

C. When making a response, an Employee is entitled to be represented by a lawyer or other representative. If the Employee is represented by the Union, Management agrees to furnish a copy of the decision to the Union simultaneously with that provided to the Employee.

D. After receipt of the written and/or oral response, or the termination of the notice period, whichever comes first, the Employer will issue a written decision to the Employee and to the Union, which shall include a statement of the Employee's right to grieve as provided for in this agreement. Disciplinary and adverse actions will be based on reasons specified in the advance notice.

When an Employee is to be served with a warrant or subpoena, to the extent it is feasible and within management's control, it will be done in private without the knowledge of other Employees.

For the purposes of this article, time that an employee is under orders and in an active duty military status will not be counted as part of notice or response periods.

A. For the purposes of this Article, an adverse action is defined as a reduction in grade or pay, removal, suspension for more than 14 days, furlough without pay for 30 days or less, or emergency suspension. The Employee against whom an adverse action is proposed is entitled to (30) days advance written notice, unless the crime provision is invoked, stating any and all reasons, specifically and in detail, for the proposed action. The Employee will be in a duty status (including administrative leave) during the notice period, unless leave is requested and granted.

B. The Employee may respond orally and/or in writing within 15 days from receipt of the notice, and may furnish affidavits and other documentary evidence in support of his/her response. The Employee will normally be granted an extension of the reply period, if the Employee:

(1) Requests such an extension in writing prior to the expiration of the initial response period; and,

(2) Provides demonstrated and valid reasons for requiring such an extension.

Employees who receive notices of proposed suspensions or adverse actions will be provided a reasonable amount of duty time, normally not to exceed eight hours, to confer with their representative and prepare their response.

If, upon appeal, the action is not sustained and the Merit Systems Protection Board (MSPB) directs the Employer to reinstate and make whole the Employee, the Employer will comply with the MSPB decision within thirty (30) days from the receipt of the decision unless the Employer notifies the Employee in writing that it intends to challenge the MSPB decision.

The purpose of this Article is to provide for a mutually accepted method for the prompt and equitable settlement of grievances. Grievances, including questions of arbitrability, shall be resolved exclusively by these negotiated procedures, except as provided for in Section 11 of this Article.

Grievance means a complaint:

A. By any Employee concerning any matter relating to the employment of the Employee;

B. By the Union concerning any matter relating to employment of any Employee;

C. By any Employee, the Union, or the Employer concerning:

(1) The effect of interpretation or a claim of breach of a collective bargaining agreement;

(2) Any claimed violation, misinterpretation, or misapplication of any law, rule, or regulations affecting conditions of employment.

D. Except that it shall not include a complaint concerning:

(1) Any claimed violation relating to prohibited political activities.

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

(3) A suspension or removal under Section 7532, Title 5 USC.

(4) Any examination, certification or appointment or

(5) The Classification of any position which does not result in the reduction in grade or pay or promotion potential of an Employee.

(6) Matters beyond the control of the Employer, to the Employer.

(7) Termination of probationary Employees (5 U.S.C. 3321) and termination of temporary employees (5 U.S.C. 3301, 5 CFR 316.402,).

Any complaint which is not taken up with the Employee's immediate supervisor within 15 calendar days after the occurrence of the matter, or after the Employee learns of the matter from which, the complaint arose, shall not be presented for consideration at a later date, except that Employees who are incapacitated or who are in a TDY status will be extended the number of days in which they are incapacitated or TDY.

A. Grievance Procedure (1st Step). In the event of a complaint or grievance from an Employee, the matter shall be first presented orally to the immediate supervisor by the aggrieved Employee and/or a Union representative (if representation is used). If a Union representative is not used, the Union will be afforded the opportunity to have an observer present. The Supervisor will, after careful consideration of the dissatisfaction, render a decision within 15 calendar days.

B. Grievance Procedure (2nd Step).

(1) If no satisfactory settlement is reached at the first step, within 15 calendar days of the receipt of the decision of the immediate supervisor, the grievance shall be reduced to writing and presented to the next higher supervisor. When a grievance is elevated to the second step, a "courtesy" copy will be provided to the LRO. The grievance will contain:

(a) A statement of the action or relief sought;

(b) A summary of the result of the first step grievance;

(c) The name of the primary Union representative designated to handle the grievance.

(2) Within 15 calendar days of receiving the grievance, the next higher supervisor will meet with the aggrieved Employee and/or a Union representative (if representation is used), and the immediate supervisor. If no representation is to be used, the Union will be notified of the time and place of the meeting in advance so it may have an observer present. A memorandum of the discussion will be prepared by management briefly summarizing the grievance, the consideration accorded it, the conclusions reached and the course of action decided upon. The memorandum of decision of the supervisor will be provided within 15 calendar days of the meeting. This decision will be final unless the Employee or the Union proceed to the 3rd Step of the Grievance Procedure, by filing the grievance through the CPAC, within 15 calendar days from receipt of the written decision at the 2^nd Step. If a 3^rd Step meeting is desired, it will be included in the grievance.

C. Last Step of Grievance Procedure. The next higher supervisor above the 2^nd Step is the 3^rd Step decision official. A meeting may be convened if requested by either party to obtain or provide additional relevant information. A written decision will be prepared not later than 15 calendar days after the receipt of the 3rd step grievance unless a meeting is held, in which case the decision shall be prepared within 15 calendar days of the meeting. This decision shall be final unless arbitration is timely invoked by the Union.

In the event either party should declare a grievance non-grievable or non-arbitrable, the original grievance shall be considered amended to include this issue. All disputes of grievability or arbitrability shall be referred to arbitration as a threshold issue in the related grievance.

Most grievances arise from misunderstanding or disputes which can be settled promptly and satisfactorily on an informal basis at the immediate supervisory level. Every effort will be made by the parties to settle grievances at the lowest possible level. Inasmuch as dissatisfactions and grievances arise occasionally among people in any work situation, the filing of an occasional grievance shall not be construed as reflecting unfavorably on an Employee's good standing, his performance, or his loyalty or desirability to the organization. Similarly, the occurrence of an occasional grievance will not be construed as reflecting unfavorably on the quality of supervision or general management of the organization.

In the spirit of partnership, it is recognized that the Employer and the Union will hold themselves to similar time frames.

All grievances of suspensions or removals actions will start at the 3rd Step of the grievance procedures. Letters of Reprimand will begin the grievance process at the level above the issuing official.

The parties may mutually agree to waive any of the grievance steps or to extend the timelines at any step. If the time limits at any step are not waived by mutual consent, then a grievant not receiving a timely decision may elevate the grievance to the next step. Any grievance not taken to the next step in a timely manner or extended by mutual agreement will be considered closed.

A. If the parties fail to settle any grievance at Step 3, the matter may be submitted to mediation upon mutual agreement of the Employer and the Union within fifteen (15) calendar days after receipt of the Step 3 decision. The mediator will attempt to help the parties settle the matter in a mutually satisfactorily way. Rules of evidence will not apply, and formal examination and reexamination of witnesses will not be used. All participants will be encouraged to ask and offer information as no record of the proceedings will be made. If a settlement is not reached, the mediator will be asked to provide an immediate opinion, based on this collective bargaining agreement, as to how the grievance would be decided by an arbitrator.

B. Mediators may be from the Federal Mediation and Conciliation Service (FMCS). If no mediator is available from the FMCS, then the matter may be taken directly to arbitration.

A. In the below listed cases an Employee may choose either the statutory procedure or the procedure of this agreement, but cannot initiate proceedings under both. The Employee exercises his option on which procedure he will use when he initiates an action in writing.

(1) Complaints of discrimination on race, color, religion, sex, national origin, age, handicapping condition, marital status, or political affiliation;

(2) Removal, reduction in grade, suspension for more than 14 days, furlough for 30 days or less.

B. Disputes arising under a reduction in force must be resolved using this procedure.

For the purposes of this Article, parties are encouraged to initial and date documents as they are received.

Grievances arising from alleged violations of the Agreement across Directorate lines and/or tenant activities will be reduced to writing and submitted to the LRO or tenant activity designee as appropriate by the President of the Union. The Employer may grieve alleged violations of the Agreement by submitting them to the Union. The Employer and the Union will meet as soon as possible, normally not later than 15 calendar days from receipt of the grievance to discuss it. If the grievance is not settled by this meeting either party may invoke the Arbitration procedures in this Agreement. The time limit specified in Section 4 of this Article shall apply to grievances under this section.

Grievance meetings will be held during the duty hours of the participating Employees. However, no overtime or compensatory time may be authorized for such participation. Employees not working the same shift as their Supervisors may have their duty hours adjusted to participate in grievance meetings with the Employer. Reasonable duty time for grievance preparation and consultation with the Union is authorized as provided for elsewhere in this Agreement.

If a grievance is brought to a Commander of a tenant activity because he is the first or second level supervisor, then the additional steps in the grievance process will be eliminated, and the written decision will be the final decision. If a grievance is brought to the Director or Chief of an activity because he is the first or second level supervisor, the remaining step will be decided by the Garrison Commander or his designee. (The designee will normally be the Deputy Garrison Commander, but may be another disinterested official.)

This article provides for binding Arbitration as provided in the Grievance Article.

A. Either party may decide to make a verbatim transcript and/or file briefs.

B. Arbitration hearings will be held at a suitable location mutually agreed to by the parties, normally the installation court room.

C. It shall be the sole discretion of the arbitrator to determine who may testify as witnesses. When requested by the Union, witnesses will be allowed a reasonable amount of duty time to consult with the Union about their testimony.

D. The arbitrator shall be requested to render and serve their written decision within 30 days after the conclusion of the hearing.

E. The arbitrator's award shall be binding on the parties. However, either party may file exception to the award as allowed by law.

F. Disputes between the parties over the application or interpretation of the arbitrator's award shall be jointly submitted for clarification. Each party shall bear fifty (50%) of the cost.

G. If the arbitrator fails to render a decision on arbitrability issues prior to the hearing, the arbitrator shall hear arguments regarding both the arbitrability and the merits of the cases at the same hearing.

H. The arbitrator shall follow precedents established by the MSPB in considering the award of attorney fees.

The provisions of this Article may be invoked only by the Union or the Employer.

The arbitration hearing shall be held during the normal work day hours of the basic work week of Monday through Friday. Employee Union representative(s) (as provided in the official representation article), Employee grievants, and Employee witnesses who are members of the bargaining unit shall be in a pay status without charge to leave while attending arbitration. The arbitrator's fees and expenses shall be borne equally by the parties. Transcripts, if kept, which are requested by the Agency will be provided to both parties at Agency expense. If requested by the Union, transcripts will be paid equally by each party. Each party is responsible for the cost of producing their own non-Employee witnesses.

Arbitration may be invoked by either the Union or the Employer within 30 days following the receipt of the final decision or expiration of the time limit in the grievance procedure. In cases where mediation is agreed to, arbitration can be invoked within 15 days following conclusion of the mediation process. Arbitration is invoked by serving notice on the other party within the above time limits. The parties then may, within seven days of receiving the notice invoking arbitration, mutually agree on an arbitrator. If the parties cannot agree, the party invoking arbitration will request a list of seven arbitrators from FMCS and comply with the procedural requirements to obtain the list.

The parties shall normally meet within five work days after receipt of such list to pick the arbitrator. If they cannot mutually agree upon one of the listed arbitrators, then the Employer and the Union will each strike one arbitrator's name from the list of seven, the party filing the grievance striking first, and this procedure will be repeated until there is only one name left. The remaining name shall be the duly selected arbitrator. If the parties fail to agree on a joint submission of the issue for arbitration, each shall submit a separate submission and the arbitrator shall determine the issues to be heard.

An arbitrator award sustaining a grievance will be implemented within 30 days from the receipt of the arbitration decision unless the Employer notifies the Union in writing that it intends to file an exception to the award.

The parties agree to the principle of equal pay for substantially equal work within the bargaining unit. The Employer recognizes that job descriptions that accurately reflect the major duties and responsibilities in a manner adequate for correct classification and effective recruitment are fundamental to this principle. The Employer agrees that the Supervisor will review each Employee's job description regularly (at least annually, or when significant changes are made to duties assigned) for adequacy and accuracy. The Supervisor will promptly consult CPAC regarding any necessary changes.

Job descriptions of Employees who are performing identical duties, at the same level of responsibility, with the same degree of supervision under the same supervisor, and with all other evaluation factors identical will, to the extent practical, be uniform. Each Employee will receive a copy of their job description upon appointment, position change, or a change in the job description.

When an Employee believes his position description is not accurate, the Employee should discuss this matter with their supervisor. During this discussion, the Employee will provide the supervisor with sufficient information to enable the supervisor to make such a determination. If an employee continues to be required to perform significant duties which are not recorded in their job description, and their supervisor does not initiate action to have the duties either assigned elsewhere or recorded on the Employee's job description, the Employee may seek resolution through the negotiated grievance procedure.

It is understood that the phrase "performs other duties as assigned," which appears in Employee job descriptions, is not intended to include major duties performed on a regular or recurring basis.

The Employer agrees to notify the President of the Union when there are going to be any classification surveys or job audits affecting Employees in the unit. When requested by the President of the Union, the employer agrees to discuss with the Union at a minimum, survey procedure, sampling techniques, and survey schedules. The President of the Union or their designated representative may attend formal survey openings and closings.

The Employer and the Union agree that to properly maintain interest and to promote new ideas, it is necessary to have a valid and effective suggestion program. To assure this, the employer and the Union further agree that all eligible suggestions will be fairly and equitably evaluated and promptly processed to include any associated awards.

When any eligible suggestion is received, it will be processed and forwarded for evaluation. The evaluator may seek advice from other qualified persons who are familiar with the area in which the suggestion may have application.

When the suggestion reaches the evaluator, it will be evaluated promptly and returned to the IBO. The suggestor will be furnished interim progress reports on the status of the suggestions.

Operating officials, to whom authority to approve or disapprove awards and suggestions has been delegated will insure adherence to time limits prescribed by regulations.

The evaluators will decide intangible award amounts fairly based upon the merits of the suggestion.

for the purpose of better understanding, the Union and Employer agree to publicize the program and award recipients. The Union and Employer encourage Employees to participate in the suggestion program.

The Employer agrees to consult openly and fully with the Union regarding any proposed action taken under OMB Circular A-76 to study or contract out existing functions which have bargaining unit positions.

The Employer will provide to the Union, upon request, relevant and pertinent information concerning all cost studies (for actions covered under Section 1), specifically: the invitation for bid, request for quotation or request for proposal; abstract of bids; correspondence from higher authority directing the cost study; correspondence from Department of Labor regarding certification of a wage rate; the performance work statement; the "milestone" chart or similar document setting forth the estimated dates for the contracting out process; all changes to performance work statements; all bidder questions and Employer answers related to the performance work statement. In addition, the Employer agrees to provide to the Union, upon written request, other information concerning its A-76 contracting out activities that is normally maintained, readily available, not prohibited by law, and which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors. Information which will be provided does not extend to information which is classified, proprietary information, or procurement sensitive information, the release of which will compromise the procurement process.

The Union has the right to negotiate on appropriate arrangements, not already covered by agreements between the Union and the Employer, for Employees adversely affected by contracting out. This is not to be construed as affecting the Employer’s rights to make determinations with respect to contracting out and to determine the personnel by which the Employer’s operations will be conducted.

The Union will be represented by one of its officials (President, Vice President, Chief Steward, Secretary/Treasurer) on the Commercial Activities Working Group. The Employer will afford the Union the opportunity to be represented on all the other committees and steering groups (except the Installation Executive Committee and the Source Selection Committee) involved in the conduct of any portion of an A-76 cost study, subject to the understanding certain committees and steering groups will receive and be bound not to release sensitive procurement information. The parties acknowledge the importance of continuity in membership on committees and working groups. The Union representative named to each group will have the authority to speak for the Union. The Employer will afford the Union the opportunity to participate in any "walk through" of bidders of a function undergoing cost study.

Committee recommendations forwarded to and approved by the Executive Committee will remain negotiable at the election of the Union, provided the matter is negotiable under current statute or case law.

Periodic briefings will be held between the Employer and the Union to provide the Union with information pursuant to OMB Circular A-76 and this Agreement, on matters which may adversely affect bargaining unit Employees. These briefings may include representatives of other unions and other management personnel. Briefings will be held with adversely affected Employees for the purpose of providing information concerning contracting out. The Union will be afforded the opportunity to be present at all such briefings.

Union representatives will be afforded the opportunity to receive the same training as equivalent management participants for training to be held in the future

As the Employer determines that a CDL will be required for encumbered positions, the Employer agrees that:

A. The Employer will provide a government vehicle and driver for only two (2) tests. After that, obtaining a vehicle and driver is solely the Employee's responsibility. Each Employee will be provided up to eight (8) hours total duty time to take the tests. The Employer agrees to attempt to schedule appointments at the testing station for the Employee.

B. Current Employees will be provided up to 24 duty hours for training and allowed three (3) months from the date of determination that a CDL is required to obtain the required license and endorsements. New Employees hired will be required to have the appropriate CDL upon entering on duty.

Loss of license situations will be considered on a case by case basis. If the individual loses the CDL and cannot obtain an occupational CDL, efforts will be made to detail the Employee to another position, consider reassignment to a position that does not require a CDL, or offer a voluntary change to a lower graded position.

Drug testing of CDL holders will be accomplished in strict compliance with Department of Transportation laws, and other Federal laws designed to protect the interests and rights of the Employee while contributing to the efficiency and effectiveness of the Government.

It is the intent of the parties to implement CDL legal requirements in order to allow the Employer to accomplish its mission. It is not the intent of the parties to place unnecessary burdens or requirements on any Employee. The Employer agrees to sponsor training for Employees. Fees for the license itself are the responsibility of the Employee.

The parties recognize the possibility that the Employer may, because of fiscal constraints, be required to terminate custodial maintenance contracts in whole or in part. If such a decision is made, prior to termination the parties will negotiate the AA&P.

During hazardous weather conditions, supervisors shall give reasonable consideration to Employee requests to excuse tardiness of up to one hour. Employees who desire an excused absence of one hour or more shall make a written request that includes supporting documentation through their supervisory chain to the Garrison or tenant Commander. This is intended to occur only on infrequent occasions, and the parties recognize that snow covered roads are normal road conditions during the winter months.

When the Garrison Commander (or tenant activity Commander) determines weather conditions justify curtailing activities during duty hours, Employees who have not been designated emergency essential will be notified and released as quickly as possible through their respective activities in accordance with Command instructions. It is recognized that certain Employees not designated emergency essential may be required prior to release to complete a task they are working on which is directly related to safety, health, or welfare missions (e.g., patient care or emergency utility repair).

If weather conditions prior to normal duty hours justify curtailing activities or delaying reporting times, sufficient notice will be given local radio and television stations, normally two (2) hours prior to the regular tour of duty. Employees should normally listen to radio or television stations, as designated, to determine if they are required to report for work during inclement weather or other emergency conditions. Employees working evening, night and/or weekend tours of duty can call their work site or other identified point of contact to ascertain operational status during adverse weather.

Whether an Employee should or should not be charged leave for an absence depends upon his or her duty or leave status at the time of dismissal, determined as follows:

A. If the Employee was on duty and was excused, there is no charge to leave for the remaining hours of the work shift following excusal.

B. If the Employee was on duty and departed on leave before the time set for dismissal, leave is charged only from the time the Employee departed until the time set for dismissal. (Employees should not be permitted to depart before the time set for dismissal without a charge for leave.)

C. If the Employee was scheduled to report for duty after an initial period of leave and dismissal is given before the Employee can report, leave is charged until the time set for dismissal.

D. If the Employee was absent on previously approved leave for the entire work shift, the entire absence is charged to appropriate leave (e.g., annual, sick, or leave without pay, as applicable).

(NOTE: Earned compensatory time off may be used, as appropriate, in lieu of leave.)

It is recognized that emergency conditions may not be uniform in their effect throughout the geographical area, and therefore, Employees may be unable to report to work although Fort Drum operations are not curtailed. A liberal annual leave or leave without pay policy will be utilized to permit Employees to be absent without the necessity for obtaining advance approval or providing detailed justification. Normal time limits for the Employee to notify his supervisor are suspended. Under these conditions, absences may be charged to annual leave, leave without pay or the Employee may be excused without charge to leave or loss to pay, depending on individual circumstances. The basic criterion should be whether the Employee made a reasonable effort to get to work. If it is determined that a reasonable effort was made, it would be appropriate to excuse the absence without charge to leave and without loss of pay. Determining factors in this decision include: Distance between the Employee's residence and place of work; mode of transportation normally used; efforts by the Employee to get to work; and success other Employees similarly situated had in being able to report to work.

When assigning work, supervisors will take into consideration environmental conditions, such as extreme heat or cold and availability of utilities (electricity, heat) required to do the work, and will make appropriate accommodations. If Employees cannot reasonably be accommodated as necessary to perform gainful work, they may be released on administrative leave.

Those employees who perform duties which are vital to medical facilities, public safety, national defense or other critical operations may be designated as Emergency Essential personnel. These Employees may be required to report for duty despite delay or curtailed activities or to remain at work when directed to do so and may be disciplined if they fail to make reasonable efforts to report for duty. Designations of emergency essential Employees will be forwarded to the Union prior to the proposed effective date.

Where the negotiated agreement does not specifically address an issue relative to inclement weather, Fort Drum Regulation 690-30 will prevail.

This agreement shall remain in full force and effect for three (3) years from the date the agreement is approved by DoD Field Advisory Services, or thirty-one (31) days after its execution by the parties, whichever date occurs first.

This Agreement shall remain in full force and effect and shall be binding upon the Employer and the Union for a period of three (3) years from the effective date specified in Section l of this Article and shall be automatically extended for one year periods thereafter unless either party shall notify the other party in writing not more than 105 calendar days nor less than sixty calendar days prior to such date, or to any subsequent anniversary date. The terms of this Agreement will remain in force and effect during the renegotiation of said Agreement until such time as a new agreement is approved and in effect, except for those terms which are nullified by law or Government-wide regulations.

This agreement shall be modified during the period in which it is in effect only by mutual consent of the parties.

The parties agree to and enter into this Collective Bargaining Agreement between Headquarters, 10^th Mountain Division (Light Infantry) & Fort Drum, and Local 400, American Federation of Government Employees.

 FOR THE EMPLOYER FOR THE UNION

TERRANCE J. LAWLER GARY J. HARDING

Chief Negotiator Chief Negotiator

 REGINA K. MILLER ROBIN R. JOHNSON

Alternate Chief Negotiator Alternate Chief Negotiator

President, Local 400

 DEBBY A. MURPHY JOANNE M. KRAMER

Team Member Team Member

 NANCY D. MacNAMARA ROSEMARY J. SMITH

Team Member Team Member

 CARL J. DISALVATORE LOREN J. ZEILNHOFER

Team Member Team Member

 JAMES L. CAMPBELL _________________

Major General, USA date

Commanding