Section 1: This Supplemental Agreement is made between
the Department of Veterans Affairs Puget Sound Health Care System (“the
Section 2: The VAPSHCS and AFGE Local 498 agree that a
constructive and cooperative working relationship between labor and management
is essential to achieving the Department’s mission and to ensuring a quality
work environment for all employees. The parties recognize that this
relationship must be built on a solid foundation of trust, mutual respect,
cooperation, partnership and a shared responsibility for organizational
success.
Therefore,
the parties agree to work together in partnership and through this Supplemental
Agreement and Master Agreement to identify problems and craft solutions,
enhance productivity, and deliver the best quality of service to our veterans.
A.
The purpose of this agreement is to:
1. Identify
the parties to the agreement and define their respective roles and
responsibilities under the agreement.
2. State
the policies, procedures, and methods that will govern the working relationships
between the parties.
4. Ensure
employee participation in the formulation of station personnel policies and
procedures.
6. Promote
systematic Employee-Management cooperation.
7. Promote
safe and healthful working conditions.
B. The
parties of this agreement recognize that these goals can best be accomplished
through mutual understanding. It is therefore agreed that the parties will meet
and confer at reasonable times with the objective of reaching agreement on
appropriate negotiable matters.
AFGE
Local 498, established April 1, 1958, is recognized as the sole and exclusive
representative for all those previously certified nonprofessional and
professional employees, full-time, part-time, and temporary, in units
consolidated and certified by the Federal Labor Relations Authority (FLRA) in
Certificate No. 22-08518 (UC) dated February 28, 1980 and any subsequent
amendments or certifications (Professional employees SF-RO-30004 dated February
2, 1993 and Tahoma National Cemetery SF-RP-00023 dated April 19, 2000). The
parties agree that should the
As
the sole and exclusive representative, Local 498 is entitled to act for and to
negotiate agreements covering all employees in the bargaining unit. Local 498
is responsible for representing the interests of all employees in the
bargaining unit.
A. The VASPHCS recognizes that, as the exclusive
representative of employees in the bargaining unit, Local 498 has the right to
speak for and to bargain on behalf of the employees it represents. The VAPSHCS
will not bypass the Local 498 by entering into any formal discussions or
agreements with other employee organizations or bargaining unit employees
concerning any and all matters affecting personnel policies, practices, working
conditions, or matters affecting the bargaining unit.
B. Local 498 will be given the opportunity to be
represented at all formal discussions (including those held with other employee
organizations) affecting personnel policies, practices, working conditions, or
matters relating to 5 U.S.C. 7106(b)(1) issues.
This is not intended to include routine work assignments. Intent:
The reference to 5 U.S.C. 7106(b)(1) in this
context is not to require the negotiation over such subjects, but rather to
require notification to the
C. Management agrees to recognize Union officers
and representatives designated in writing by the Local President or designee,
whether or not they are Department employees. The Local President or designee
shall provide a list of representatives at the beginning of each fiscal year or
as updated. The names of union representatives shall be communicated to
bargaining unit employees and management officials within three (3) working
days after receipt.
D. The local union shall assign the duties and
responsibilities of Stewards. The union shall not be limited to a number of
Stewards assigned to any service or division.
Every effort should be made not to negatively impact patient care or
customer service.
It
is agreed and understood that any prior benefits, practices, and understandings
which were in effect on the effective date of this agreement and which are not
specifically covered by this agreement and do not detract from it shall not be
changed except in accordance with 5USC 71.
Refer
to Master Agreement
A. The Local 498 and Management recognize the
value of partnership. The established
Partnership Council will continue with the equal number of labor and management
members on a monthly basis.
B. Partnership Council will seek funding to
train and educate its membership. The Partnership Council should annually
perform an educational needs assessment of its members as those needs relate to
Partnership Council activities/functions.
Any questions of what constitutes partnership training will be address
and resolved by the Partnership Council.
C. The Partnership Council agrees to encourage
pre-decisional involvement and to accept the responsibility to improve the
day-to-day operations of the facility.
In doing so, they will foster a spirit of positive change.
D.
Duty status while participating in Partnership Council official business will
be as stated in the Master Agreement.
E. The partners agree to place no blame for
failed initiatives, but instead will seek new or alternative resolutions.
F. Partnership Council meeting minutes will be
distributed to all employees in a timely manner.
A. The
B. The request in A. will be submitted as soon as
practicable by the
C. The facility agrees to provide AA for
labor-management training for Union Officers and Stewards on subjects that are
of mutual benefit to both labor and management. A pool of 400 AA hours per calendar year
will be provided to the
D. Union representatives who have approved
scheduled Annual Leave (AL) may convert their
E. The
F. Each Steward and Officer of the
The
parties will jointly provide Master Agreement/Local Supplemental training. The cost of the Master Agreement/Local
Supplement training will be paid by the Department. Training will be done jointly; however, this
does not preclude additional training be each party. Any training document will be prepared
jointly.
A. The parties agree to form a Joint Labor
Management Team in accordance with the Master Agreement, Art. 4, Sec. 3. The
purpose of the Team is to encourage and sponsor joint training opportunities.
B. The Team will be responsible for conducting an
annual needs assessment for joint training and requesting funding for
identified opportunities by June of each year.
C. The Team will be responsible for resolving
scheduling conflicts between scheduled Annual Leave and training opportunities.
D. When available the Team will utilize Agency
subject matter experts. The Team will
develop themselves as subject matter experts through Train the Trainer
formats. On subjects the Team has
received training, they will become the trainers for
other employees needing Labor Management Relations Training.
E. The Team will pursue the use and development
of appropriate Computer Based Training for Labor Management training needs.
A. Representatives of the
B. Management will be responsible for taking
summary minutes of the proceedings.
C. The parties will normally submit an agenda in
advance of the meeting. By mutual
consent topics not on the agenda may be discussed, or
by mutual consent cancel a meeting.
D. Employees attending these meetings will be on
official duty time and will suffer no loss of leave or pay.
A. The parties at all levels shall jointly adopt
an ADR problem-solving method that will include mutually agreed upon third
parties. ADR methods may include but are
not limited to early neutral evaluation, mediation, interest-based problem
solving, peer review, conciliation, facilitation, and neutral fact-finding.
B. The parties will also provide trained
facilitators. These individuals have a
high degree of personal integrity. These
individuals will be drawn from a pool of mutually agreed upon employees who
make up individuals drawn from bargaining unit and management employees.
C. At the request of either party in the ADR
process, a neutral site may be utilized.
Management
and the
Recognizing
that balancing home and workplace needs is important to the well-being of
employees and therefore the productivity of the Department, Management and AFGE
Local 498 support VA programs designed to assist employees in meeting dependent
care needs. The intent of this Article is to encourage development of and cost
effective approaches to providing additional assistance in meeting employee
dependent care needs. The Department, to the extent permitted by Government
rules and regulations and budget, will support these programs.
Employees
are encouraged to take advantage of Dependent Care Programs. New employees will
be informed about the availability of Dependent Care Programs during
orientation.
The
Department will keep Local 498 advised of the status of Department Dependent
Care Programs. AFGE Local 498 will be afforded the opportunity to provide input
on the operation of the VAPSHCS Dependent Care Program and to participate in
local task groups or committees involved in developing and formulating such
programs as appropriate.
ARTICLE 9 -
CLASSIFICATION
A. Management and the
B. Management will maintain an accurate position
description for each position, reflecting the significant duties of the
employee filling the position.
C.
Other duties must be directly related to the nature of the position
description.
ARTICLE 10 -
COMPETENCE
When
employees need remedial training the employee has a right to union
participation. Management will give
timely feed back to the employee during the retraining period until the
employee is determined competent.
ARTICLE 11 -
CONTRACTING OUT
When
the Department determines that unit work will be contracted out, the VAPSHCS
will notify the
The
1) Statement of
Work (SOW) or Performance Work Statement (PWS)
2) Most Efficient
Organization (MEO)
The
Agency will recommend to the Secretary of the Department of Labor to set
Service Contract Act wages equal to the compensation of the GS/WG employees
currently performing the work.
If any contracting out decision is made the VAPSHCS will
request Voluntary Early Retirement Authority/Voluntary Separation Incentive
Payment (VERA/VSIP).
ARTICLE 12 -
DETAILS, REASSIGNMENTS, AND TEMPORARY PROMOTIONS
A. Details, reassignments and temporary
promotions will be fairly and equitably distributed to the employees. Supervisors will maintain documentation of
the details, reassignments and temporary promotions to ensure equity.
B. Details of less than 10 days will follow the
provisions of the Master Agreement Section 1 C 1-5.
C. In cases of other than voluntary reassignment
the parties will meet to discuss
issues.
ARTICLE 13 -
DISCIPLINE AND ADVERSE ACTION
A.
Discipline and adverse actions are intended to correct behavior not to be
punitive. Discipline and adverse action will be administered in a fair and
equitable manner. This will be done in
confidential surroundings and in an atmosphere that will avoid embarrassment or
ridicule and maintain an employee's respect and dignity.
B.
Information regarding disciplinary and adverse actions are
on a need to know basis in order to protect confidentiality. This applies to all employees.
C. For infractions not included in the Agencies
Table of Penalties or similar major infractions, discipline should start with
the lowest possible action applicable to correct behavior.
ARTICLE 14 -
EMPLOYEE ASSISTANCE
Employee
Assistance Program (EAP) will be introduced to employees through New Employee
Orientation. Updated EAP information
will be reviewed on at least an annual basis.
ARTICLE 15 -
EMPLOYEE AWARDS AND RECOGNITION
A. The purpose of this Article is to establish a
system of rewarding and recognition of employees through monetary and
non-monetary means. The intent of this
program is to promote a positive work environment and to link awards to
employee contributions that enhance VAPSHCS performance. Employee Awards and Recognition program
provides a positive indication of
B. VAPSHCS and Local 498 have agreed to
establish an Awards Panel. The Awards
Panel will consist of an equal number of
C. There is no limit on the number of the awards
that employees may receive or the frequency with which they may receive awards
unless stated in the Master Agreement.
VAPSHCS may add (or be limited to ) additional
awards such as "Employee of the Month". Employees and supervisors are encouraged to
nominate self and others to promote continuous improvement in VAPSHCS
performance.
D. On an annual basis training will be made
available to employees and supervisors on how to write awards and the award
process. Information on the process and
the awards forms will be available to all employees in electronic, alternate
format and paper form.
E. Award recipient names and services lines will
be posted on a quarterly basis at the discretion of the employee.
F. The Awards Panel will maintain in addition to
the currently required documentation information to include the name of the
nominator and service line.
ARTICLE 16 -
EMPLOYEE RIGHTS
A. Employees will have and will be protected in
the exercise of the right, freely and without fear of penalty or reprisal, to
form, join and assist any labor organization or to refrain from such activity
as provided in applicable laws and regulations.
B. Employees shall not be discouraged from or
encouraged to join a union by any management or supervisory official.
C. Employees will not be discriminated against
for their activities as an officer or representative of the union. These activities will not interfere with the
conduct of VA business.
D. Employees shall not be required to become or
to remain a member of the union or to pay money to the union except pursuant to
a voluntary written authorization by a member for payment of dues through
payroll deduction.
E. Employees are entitled to union representation
during any examination by management in connection with an investigation if
they reasonably believe that the examination may result in disciplinary/adverse
action and they request representation.
Employees will be informed of this right prior to examination.
F. Employees who are excluded from the
bargaining unit may join the union but cannot be represented by the union.
A. When Employees request a secured space, for a
reasonable amount of personal belongings, management will make every effort to
provide such space in a reasonable location.
B. When management determines that a search of
personal secured space (for example employee lockers/locked desk) is necessary,
employees and the
Seniority
is defined as Entry on Duty (EOD) date.
EOD is defined as the official date an individual begins employment with
VAPSHCS.
Section 4 - Group Meetings
Union
and Management agree that group meetings of employees serve as a useful means
of communication and agree that regular and periodic (preferably monthly) group
meetings will be held within each service, department, or unit to discuss
concerns of both the VAPSHCS and employees.
The
ARTICLE 17 -
EEO
Section 1 - General
The VAPSHCS
and AFGE Local 498 agree to the policy of providing equal employment
opportunities to all employees and to prohibit discrimination because of race,
color, religion, sex (including sexual harassment), sexual orientation,
national origin, age (40 years of age or older), or disabling condition and to
promote the full realization of equal employment opportunity through a positive
and continuing effort.
Section 2 - Exchange of Information
Through the
procedures established for labor-management cooperation, each party agrees to
advise the other of outstanding equal opportunity problems of which they are
aware. The VAPSHCS and AFGE Local 498 will jointly seek solutions to such
problems through personnel management procedures and programs provided in this
Supplemental Agreement, Master Agreement, and in Department regulations. This
section does not apply to individual complaints of discrimination.
Section 3 - Meetings with Outside Groups on EEO Matters
If Management
meets with groups other than AFGE Local 498 concerning EEO matters that affect
personnel policy and practices and other matters affecting working conditions
it is agreed that AFGE Local 498 will be informed in advance.
Section 4 - Meetings with Groups on EEO Matters
Section 5 - EEO Complaint Resolution
When
an EEO complaint is filed the EEO Office will notify AFGE Local 498.
ARTICLE 18 -
Fitness for Duty
See
Master Agreement
ARTICLE 19 -
FLEXIPLACE
ARTICLE 20 -
HOURS OF WORK AND OVERTIME
A. For the purpose of this Article, these
definitions of terms are used:
1. Established
Tour - A tour of duty approved for a division/service with specific beginning
and ending time.
2. Work
Shift - 1st (days), 2nd (evenings), or 3rd shift (nights)
twenty-four (24)-hour period.
3. Group
- A group of employees with similar duties who are assigned to one
organizational segment, such as a shop, a building or a division/service.
4. Credit
hours are hours worked at the option of the employee (with supervisory
approval); they are distinguished from overtime and comptime
hours in that they are not officially ordered in advance by management. Credit hours are hours earned in addition to
the basic work week requirement, (the number of hours per day an employee must
work or otherwise account for) so as to vary the length of a succeeding workday
or workweek. When used, they are to be counted as part of the basic work week
requirement to which they are applied. When using credit hours an employee
receives basic pay. Credit hours may not
be used by an employee to increase entitlement to overtime pay or comptime.
Section 2 – Credit Hours
A. See Master Agreement for provisions.
B. Supervisors and managers should be trained
regarding the approval, earning, and use of credit hours. In maintaining adequate staffing coverage, it
is agreed and understood that management will approve credit hours in a fair and
equitable manner.
Section 3 – Shift Rotation
A. Rotation – Scheduled off-tours will be rotated
fairly and equitable among affected employees, i.e. day/evening, day/night.
B. Rotation of weekends and holidays will be on a
fair and equitable basis within a group.
Section 4 – Overtime
A.
B. Appropriate
available employees will be notified of the availability of overtime.
C. Overtime rosters of similarly situated
employees will be established based on seniority. Mandatory overtime will be
assigned to the least senior employee, and voluntary overtime will be granted
to the most senior employee. Employees
will be on a rotating basis.
Section 5 – Clean-up
Employees
will be allowed a reasonable amount of time for cleaning up when completing
dirty work.
ARTICLE 21 -
INVESTIGATIONS
See
Master Agreement
ARTICLE 22 -
MERIT PROMOTION
A.
Management recognizes that it is important for maintaining high morale to try
to select from within the facility when the candidates are equally qualified to
those candidates available from outside sources. Thus, management will agree to look closely
at the relative qualifications of candidates from outside and within and shall
exercise good faith in the selection.
B. For the purpose of this Agreement, the
appropriate management official shall notify the
ARTICLE 23 -
OFFICIAL RECORDS
See
Master Agreement
ARTICLE 24 -
OFFICIAL TRAVEL
The
ARTICLE 25 -
PARKING AND TRANSPORTATION
Section 1 - General
A. The parties agree that parking is a subject
appropriate for Partnership Council.
B. Employees will be allowed designated parking
on VA grounds or VA-Leased grounds without charge. Management will negotiate
with AFGE Local 498 on changes in parking which might affect members of the
bargaining unit.
C. Evening and night personnel are authorized to
park in any unrestricted lighted parking area that provides safe access.
D. The parties agree that secure, adequate, and
accessible parking for employees helps better serve customer needs.
Section 2 - Safety
In
both VA-owned and/or leased parking facilities, the Department will ensure a
safe and secure parking area for its employees including, but not be limited,
to the following:
A. Lighting - Adequate lighting in all parking
areas throughout the facility.
B. Police Service - For employee safety, Police
will provide escort service, when available and if requested, to parking areas
unless direct patient care is adversely impacted. In that event, Police will
provide escort service as soon as patient care responsibilities permit.
C. Facilities Management - Vegetation management
will be maintained to assist with safety.
D. Evening employees will be allowed 10 minutes
to move their vehicle closer and into lighted and safer location.
ARTICLE 26 -
PERFORMANCE APPRAISAL SYSTEM
See
Master Agreement
ARTICLE 27 -
REDUCTION IN FORCE (
The
ARTICLE 28 -
SAFETY, HEALTH AND ENVIRONMENT
The
A. The parties recognize that Union participation
in the Occupational Safety and Health Program includes time for safety work on
committees and sub-committees as well as the authorized use of facility
computers, printers, FAX machines, applicable software and other electronic
devices to perform such work.
B. The local Union Safety and Health
Representative will be given access to all Designated Agency Safety and Health
Official (DASHO) communications and other national level communication to the
field on training, safety and health matters.
The local Union Safety and Health Representative will be notified about
training opportunities.
C. Upon request, the medical center will provide
copies of local safety manuals (and updates).
D. In compliance with Executive Order 12196 of
February 26, 1980, Public Law 91-596, the Occupational Safety and Health Act of
1970, 29 Code of Federal Regulations Part 1960 and Articles of the Master
Agreement, the Department agrees that:
1.
The Local will appoint representatives to the Accident Review Board and
Injury Management Subcommittee.
2.
The following will be provided to the Union Safety and Health
Representative on a monthly basis, appropriately sanitized;
a. Occupational
Health/Injury Management Program Data Tracking Report or equivalent.
b. OSHA 200 form, or equivalent.
3.
A copy of Accident Form (2162) will be provided upon request.
E. Functions of the local Union Safety and
Health Representative will include, but are not limited to, those identified in
the Master Agreement (Article 28, Section 2, G).
F. The local Union Safety and Health
Representative and the Union representatives on each sub-committee will be
afforded every opportunity to prepare for and attend all regular and emergency
meetings, inspections, retreats and training.
G. VAPSHCS will pay tuition and travel expenses
for each Local Safety and Health Representative(s) to attend appropriate and/or
specialized training conference(s).
Section 3 - Report, Evaluation and Abatement of Unsafe and Unhealthful Working Conditions
In
case of immediate threat to life and danger of serious physical harm during
normal business hours, the Safety Manager or designee will first attempt to
contact the local Union Safety and Health Representative by pager or other
electronic or telephonic means, as soon as possible. If contact is not made, the Safety Manager
will contact the Union Office.
The
Refer
to the Master Agreement Article 28 Section 9 and Article 38 of this Agreement.
Section 6 -
Use of Pesticides and Other like Chemicals
A. Application of pesticides (large and small
scale) require advance notice (minimum of 72 hours) to
the
B. Application of paints, glues, solvents and
other like chemicals that may cause fumes will require advance notice (minimum
of 72 hours) to the
The
local Union Safety and Health Representative will be informed of the type of
respirators and other personal protective breathing devices used and purpose of
use.
A. Picture identification (ID) badges will be
provided to employees. Utmost care will
be taken to prevent harassment of staff by elimination of last names on ID
badges in mutually agreed upon areas of the facility, as well as review of each
unique request on a case by case basis.
B. Safety and Risk Management Committee (SRMC) will discuss, implement, and communicate procedures
to employees regarding bomb threats and other on-site security issues. These procedures will be developed in
consultation with the
A.
B. The Ergonomics Committee will provide upon
request to the Union information on open, closed and pending ergonomics
requests.
C. The
D. It is the joint responsibility of the employee
and supervisors to identify and report ergonomic hazards.
The
VAPSHCS and AFGE Local 498
are committed to promoting a safe environment for the
employees. VAPSHCS is committed to
working with its employee representatives to maintain a work environment free
from violence, threats of violence, harassment, intimidation, and other
disruptive behavior. The Parties agree
to jointly develop a workplace violence policy within 60 days of the date of
the Agreement.
B. Through the Partnership Council the parties
agree to establish a Wellness Committee to develop a wellness and fitness
program and policy.
C. Employees are
encouraged to utilize on site resources.
A. The general environmental quality of the
VAPSHCS work spaces is an important mutual interest of the VAPSHCS and AFGE
Local 498. Accordingly, the parties are
committed to policies and practices which will enhance that general quality.
B. General ventilation
and quality of the air in VAPSHCS work spaces will, to the extent of the VAPSHCS's authority, be maintained at levels conductive to
good health and employee well-being. To
the extent practicable the VAPSHCS commits to maintaining sanitary conditions
in ventilation systems servicing work spaces and to the availability of adequate
fresh air for those work spaces.
Recognizing
smoking is a risk to health and well-being, the VAPSHCS and AFGE Local 498
mutually support and encourage all efforts by employees to quit smoking. The
current smoking cessation policy will continue,
changes to the policy will be negotiated with the
Employee
health and safety resource information, not limited to domestic violence, may
be stocked in the employee bathrooms to provide employee privacy.
ARTICLE 29 -
SILENT MONITORING
A. The VAPSHCS security monitoring system is
intended to enhance the security and well being of all employees, as well as
our customers. The VAPSHCS Police use security monitoring system on an ongoing
basis in connection with monitoring of activities throughout the facility.
B. When there is a need for review of security
video tapes concerning an employee the following actions will happen:
1. Any management official having the need to
review video tapes from the security monitoring system concerning employee activity, will ensure that a union official is present.
2. All requests for access to the videotapes
will be approved by the senior police officer on-duty, in accordance with the
above guidance. If the senior police officer questions the validity of the
request, the Chief of Police or Captain will be contacted to resolve the
question.
C. When silent monitoring is used to evaluate
performance, the employee will be notified in advance of the period during
which monitoring will occur. This period
shall not exceed one week. In all cases
immediate feedback to the employee will be provided. Any management official having the need to
review the monitoring information concerning employee activity,
will ensure that a union official is present.
ARTICLE 30 -
STAFF LOUNGES
A. In an effort to promote the "Employer of
Choice" concept management agrees to provide adequate, safe and accessible
staff lounges for all employees. All
employees will have access to staff lounges.
B. Employee staff lounges shall not be
accessible to patients or visitors, except where authorized, therefore the
Canteen will not be designated as a staff lounge.
C. A list of available staff lounges will be
identified and made available to employees.
D. Location of showers for routine use will be id