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AFGE Master Agreement--Veterans Administration
DedicationThis Agreement is dedicated to the memory of Walt Glocker, whose untimely death was a tragic loss to both VA and AFGE, and to the many individuals who knew and loved him. But as its principal architect, Walt’s spirit endures in the Agreement. It embodies his bedrock values of honesty, fairness, and teamwork. Walt’s commitment to a totally new way of doing business within VA between labor and management lives on in the Agreement. Let us all now therefore work to fulfill the potential of the Agreement with the same level of passion and devotion Walt showed in guiding its creation.
TABLE OF CONTENTS
Section 1: This Master Agreement is made between the Department of Veterans Affairs ("the Department") and the American Federation of Government Employees National Veterans Affairs Council of Locals ("the Union"). Section 2: The Department and the Union 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, and a shared responsibility for organizational success. Therefore, the parties agree to work together in partnership and through this Master Agreement to identify problems and craft solutions, enhance productivity, and deliver the best quality of service to the nation’s veterans. Section 1 - Exclusive Representative AFGE is recognized as the sole and exclusive representative for all of 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. The parties agree that should the Union request the FLRA to include subsequently organized employees in the consolidated unit, such FLRA certification will not be opposed by the Department if the unit would otherwise be considered an appropriate unit under the law. Upon certification of FLRA, such groupings automatically come under this Agreement. Section 2 - AFGE Role As the sole and exclusive representative, the Union is entitled to act for and to negotiate agreements covering all employees in the bargaining unit. The Union is responsible for representing the interests of all employees in the bargaining unit. Section 3 - Employee Representation A. The Department recognizes that, as the exclusive representative of employees in the bargaining unit, the Union has the right to speak for and to bargain on behalf of the employees it represents. The Department will not bypass the Union by entering into any formal discussions or agreements with other employee organizations or bargaining unit employees concerning all matters affecting personnel policies, practices, or working conditions. B. The Union will be given the opportunity to be represented at all formal discussions (including those held with other employee organizations) affecting personnel polices, practices, or working conditions. This is not intended to include routine work assignments. Section 4 - Unit Clarification A. The Union will be predecisionally involved in bargaining unit determinations for position changes and establishment of new positions. When a position changes, and the parties do not agree over whether the position(s) is/are inside or outside the unit, the parties are encouraged to utilize the Alternate Dispute Resolution (ADR) process. If still unresolved, either party may file a Clarification of Unit (CU) petition with the FLRA. If the position previously has been in the bargaining unit, the employee and/or position will remain in the bargaining unit until a decision is issued on the petition. B. If after predecisional involvement, Management determines that a new, unencumbered position is outside the bargaining unit, the parties are encouraged to first attempt to resolve any disagreements through ADR methods. If no agreement is reached, the Union may file a CU petition through the FLRA. C. The Department and the Union are encouraged to mutually decide CU issues and develop a system to communicate these decisions. Section 1 - Relationship to Laws and Regulations In the administration of all matters covered by this Agreement, officials and employees shall be governed by applicable Federal statutes. They will also be governed by Governmentwide regulations in existence at the time this Agreement was approved. Section 2 - Department Regulations Where any Department regulation conflicts with this Agreement and /or a Supplemental Agreement, the Agreement shall govern. Section 1 - Purpose A. Partnership involves the design, implementation, and maintenance of a cooperative working relationship between Labor and Management through maximum pre-decisional involvement in order to achieve common goals. Management and Union leadership must be committed to the principles upon which Partnership is based in order for this effort to be successful. B. The structure, nature, scope, and operation of partnerships will be jointly determined by Management and Union officials at the appropriate level in accordance with the principles in Section 2. All partnerships will use consensus decision making and will consist of equal numbers of Union and Management members. Top Management and Union leaders should fully participate in the activities of Partnership, preferably as members of the Partnership Council. Section 2 - Principles Management and Labor shall be committed to work at all appropriate levels to establish and improve effective Partnerships which are designed to ensure a quality work environment for employees, more efficient administration of VA programs, and improved service to veterans. The principles which guide this effort include: A. Pre-decisional involvement, B. Shared responsibility, C. Identification of problems, D. Sharing of information, E. Finding solutions, F. Reaching joint agreements and making joint recommendations, G. Use of alternate dispute resolution, interest-based problem-solving techniques, and facilitation, H. Integration of interests, I. Union and management working together on committees such as, but not limited to, Director's Staff, Administrative Executive Board, Clinical Executive Board, Strategic Planning, Resources, joint training programs, and work groups to address issues of mutual interest. The Union will have the right to select its representative for such committees and work groups, J. Cooperation, K. Mutual respect, L. Open communication, M. Trust, N. Minimizing or eliminating collective bargaining disputes, and O. Publicizing partnership successes at all levels. Section 3 -Scope The scope of partnership will include issues raised by either party regarding: A. Matters involving personnel policies, practices, and working conditions.
B. In accordance with Executive Order 12871, numbers, types, and grades of employees as well as methods, means, and technology of work. C. By mutual consent, the parties may fulfill the collective bargaining obligation through Partnership. Section 4 - Training To achieve optimum results from Partnership, the best interests of both parties are served by continual and joint Labor/Management training. The need for and the type of training will be determined by the Partnership Council with costs incurred by the Department. Section 5 - Duty Status While participating in Partnership activities, all bargaining unit members will be considered on duty status and not on official time. In the event these activities are conducted beyond normal duty hours, members will be compensated in accordance with applicable law. Section 6 - Expenses It has been determined that partnership is in the best interest of the government; accordingly the Department of Veterans Affairs will be responsible for all Partnership Council members' appropriate travel and per diem expenses in connection with Partnership activities. Section 1 - Union Sponsored or Requested Labor-Management Relations Training A. The parties agree that Union sponsored labor-management relations (LMR) training is of mutual benefit when it covers appropriate areas (examples are: contract administration, grievance handling and information relating to Federal personnel/labor relations laws, regulations, and procedures). Training which relates to internal union business will not be conducted or attended on official time. B. Scheduling arrangements for the use of official time for training will be determined locally. Management personnel responsible for work scheduling will be given appropriate and adequate notice, to include specific agendas, of scheduled LMR training for maximum attendance. C. The amount and use of official time for labor-management relations training, other than joint labor-management relations training, is an appropriate subject for local negotiation. Section 2 - Joint Master Agreement Training The parties will jointly provide Master Agreement training. The cost of the Master Agreement joint training will be paid by the Department. Training will be done jointly; however, this does not preclude additional training by each party. Any training document will be prepared jointly. Section 3 - Joint Labor Management Training A. Each field facility will have a joint LMR training program. The ongoing program will have equal representation between labor and management and decisions will be made by consensus consistent with interest-based bargaining principles. The local joint LMR training activity will develop a local LMR training plan which could consist of Interest Based Bargaining, Alternate Dispute Resolution, Total Quality Improvement, Partnership, communication skills, local supplements, district or regional training, etc. B. LMR training will be recorded in each employee's individual training record. C. Participants in joint LMR training will be on duty time. LMR training will normally be presented jointly unless training is conducted by a mutually agreed upon third-party. The parties may develop a joint train-the-trainer/facilitator program. D. Local facilities are encouraged to give recognition to individuals or groups who materially advance the process of LMR training. E. Normally, local facilities will ensure that appropriate resources are made available at the local level for joint LMR training. F. The parties are encouraged to share training materials or experiences to nurture better LMR training. G. The provisions of this article apply to joint training at all levels from local through national. Section 4 - Third-Party Sponsored Training
There shall be a joint Labor-Management Relations Committee which shall meet twice a year in Washington, normally approximately six (6) months apart, for up to a maximum of three (3) days. The Department will authorize official time (if otherwise in a duty status) and travel and per diem for the 5 Council officers, 15 District Representatives, National Safety Representative, and 8 National Representatives, or alternates, for participation in these meetings. The parties will exchange agenda items sufficiently in advance so that arrangements can be made for appropriate representation. The Union will provide management with the names of the union-designated representatives as far in advance as possible but no later than three (3) weeks in advance of the meeting so that official time, travel and per diem may be arranged. Section 1 - Commitment The Department and the National VA Council are committed to the use of Alternative Dispute Resolution (ADR) problem-solving methods to foster a good labor/management relationship. Union and Management at all levels should be committed to the use of ADR problem-solving methods as a priority to resolve disputed matters. Those involved in the development and use of an ADR system shall be trained in the principles and methods of ADR. Section 2 - Definitions and Intentions A. ADR is an informal process which seeks early resolution of employee(s), union, and management disputes. B. Any ADR process must be jointly designed by Union and Management. ADR should be effective, timely, and efficient. It should focus on conflict resolution and problem-solving and foster a cooperative labor and management relationship. Participation in the ADR process must be voluntary. C. ADR shall be a process available to Partnerships. D. The parties agree to ongoing evaluation to improve the process. Section 3 - Rights and Responsibilities A. The parties have the responsibility of informing employees and management officials of the ADR option to resolve disputes. ADR should be undertaken in good faith and not circumscribed by formal rules and regulations. B. Employees may utilize the ADR process to resolve individual concerns with the mutual consent of Union and Management. However, the parties agree to encourage the use of ADR except for the most egregious or frivolous matters. C. Disputes resolved by ADR are final when written and signed. Union and Management will have the right to participate in all stages of the ADR process. This is in addition to an employee’s right to union representation. D. ADR resolutions shall not be precedential unless agreed to by the parties. Resolutions under ADR cannot conflict with or supersede agreements between the parties. Section 4 - Implementation A. ADR is an appropriate subject matter for local negotiations. B. ADR agreements must state the objectives of all parties as well as a commitment from all parties to resolve their disputes in a nonadversarial environment. C. 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. D. ADR methods may be used prior to or during a grievance/arbitration or statutory appeal. In the use of ADR processes, contractual time frames will be stayed by mutual agreement. Statutory time frames cannot be stayed. Section 1 - Introduction A. Both parties recognize the importance of a strong commitment to a comprehensive Total Quality Improvement (TQI) program in the Department. Service to the veteran is the cornerstone of the relationship between the Department and employees. B. Both parties agree that a successful Total Quality Improvement (TQI) program must empower all employees to fully participate in the development and implementation of Department programs and process. Management recognizes the Union as the exclusive bargaining unit representative in implementing this cultural change. Participation of bargaining unit employees in the TQI program is a matter left to the discretion of the Union in its role on the facility Quality Council. Section 2 - General A. The term Total Quality Improvement (TQI) is representative of all quality programs initiated by the Department (i.e., Total Quality Management (TQM), TQI, Process Action Teams). B. Both parties agree that the commitment of the local facility Director and Union President is critical for success of the TQI program. C. Union representative participation shall be considered duty hours without the need to use official time. D. It is recognized that the TQI process is a journey and that all levels of management and union are responsible for successful implementation of the program. Therefore, the parties should strive for open communication, developing teamwork, sharing of information, integration and acceptance of the Union/Management role, reduced paperwork, improved work processes, etc. E. Both parties recognize that an effective TQI program is critical to a successful Joint Commission for the Accreditation of Healthcare Organizations (JCAHO) survey. It is in the interest of both parties that there be a sharing and communication of information regarding JCAHO requirements, processes, and results. Section 3 - TQI Charter The following is the TQI Charter of April 15, 1994, agreed to by the parties after a significant and dedicated effort: CHARTER FOR TOTAL QUALITY IMPROVEMENT I. PURPOSE This charter establishes a National Quality Council (NQC) and quality councils throughout the Department of Veterans Affairs (VA). Members of the Councils will demonstrate continuing commitment to the principles and practices of Total Quality Improvement (TQI) both as Council members and as participants in their respective organizations. II. SCOPE A. This charter applies to VA facilities where management has determined to implement TQI. B. Both VA management and the AFGE National VA Council (NVAC) mutually agree that the scope of the TQI agreement will be limited to process related issues as covered by this charter. The Councils/Teams will not establish projects which are matters solely and properly subject to collective bargaining, matters currently covered by the Master Agreement, and individual/employee grievances and problems or other appeals/complaints processes as projects. The AFGE NVAC will communicate this requirement to their locally appointed TQI representatives. VA management will similarly communicate this requirement to its managers. C. Neither the union nor management waives the right to bargain over TQI-developed recommendations which would otherwise be bargainable, nor do they waive any other legal, contractual, or past practice right. D. The union does not give up its rights to pursue bargaining on any subject by participation in TQI. All rights to bargain are actively and affirmatively retained. E. Management and the union recognize that, in order for TQI to be a successful tool in problem solving, a departure from the Federal Labor Management Relations Statute may be made in such areas as management's and union’s rights and the negotiability of subjects. F. No bargaining unit employees will be coerced or intimidated into participating in Quality Improvement Teams (QITs). Participation in the process is entirely voluntary. G. Union and management will recognize each other as legitimate customers in their everyday dealings with each other. III. GENERAL ROLES OF VA and AFGE VA and the NVAC serve as champions of TQI throughout the organization. The NQC, Facility Councils, and component management will provide an environment that supports employee involvement, contribution, teamwork, and a positive atmosphere of trust/respect between management and employees. IV. QUALITY COUNCILS - GENERAL A. Purpose All QCs will foster TQI by providing visible leadership and encouragement through TQI techniques, by encouraging subordinate managers and employees to use TQI techniques, and by encouraging the integration of TQI with management support systems such as strategic planning, performance management, and awards and recognition. B. Organization and membership The union may, at their discretion, select a number of employees equal to management's selections to serve on the Councils. There must be present at least one person from both management and union. In the event multiple unions participate in the program, the total number of union members on a council shall not exceed that of management and AFGE shall determine the union membership mix. All members will make every effort to attend the meetings. All quality council members must have had TQI awareness training. The union and management will endeavor to select employees who they feel best represent the various components of the organizational entity. V. THE NATIONAL QUALITY COUNCIL A. Purpose
B. Membership
C. Function The NQC fosters implementation of TQI by:
VI. REGIONAL/AREA COUNCILS Regional/Area Councils may be established at management's discretion. If such councils are established they shall comply with the guidelines for facility councils and/or national councils as appropriate. VII. FACILITY QUALITY COUNCILS A. Where practicable, based upon the size of the activity, each activity will establish a Facility Quality Council (FQC). Each FQC will operate under a charter which includes at a minimum a statement of purpose, organization, membership, responsibilities, and functions. This National/Local TQI agreement is not covered by E. O. 12871. However, if the parties mutually agree, they may combine the functions of the FQC and facility partnership council into one partnership council, otherwise they will have two separate councils. B. Membership The membership shall be personnel who work at the facility. Each council will have a chairperson selected by consensus of the membership. The chair may be rotated periodically. C. Service/Division Quality Councils (S/DQCs) may be established at the discretion of the FQC. The membership shall be personnel who work in the respective service/division. D. Responsibilities
E. Procedures
VIII. QUALITY IMPROVEMENT TEAMS A. PURPOSE The purpose of QITs is to conduct quality improvement projects which will result in improved VA operations. B. SCOPE OF PROJECTS
C. MEMBERSHIP
D. TEAM LEADERS
E. TEAM FACILITATORS Team facilitators will be chosen by the Sponsoring QC and should be from outside the team. The facilitator must be trained in TQI problem solving methods and group dynamics. The facilitator may help in selecting and using problem-solving tools, train members of the team in their use, and help guide discussions. F. UNION PARTICIPATION AND OFFICIAL TIME
G. PROCEDURES
H. PERFORMANCE APPRAISALS No adverse inference will be made in performance appraisals for professionally expressed opinions or positions taken on QIT issues by employees serving on QITs, or by employees not serving on QITs. Time spent performing QIT activities will not be evaluated in relation to performance standards of the employees' regular positions. I. AWARDS Any awards provided to TQI teams will be group awards Monetary awards for employees not participating on TQI teams will not be adversely affected due to non-participation. IX. TRAINING A. Every effort will be made to provide TQI awareness training to all employees. The union's on-site representatives located in each local facility will be trained at the same time as other bargaining unit employees in the facility. If multiple sessions are required, the union representative will be offered attendance in the first session held at his/her facility. B. VA management agrees to provide facilitator training courses for those employees selected to serve as facilitators. C. Management and union/bargaining unit employees will receive training appropriate to their TQI task or responsibility. X. COMMUNICATION/PUBLIC RELATIONS A. All existing "Mission Statements" will be jointly examined by the appropriate Quality Council with changes made as necessary. All new "Mission Statements" will be jointly developed by the appropriate Quality Council. B. All TQI publications, memoranda, circulars, directives, etc., unique to AFGE will be identified by both the official VA and union logos. XI. MANAGEMENT RESPONSIBILITIES A. Local Management
B. Central Office (CO) management will provide administrative support to the NQC. Specifically, CO will:
XII. NOTICE A. Any local TQI agreement(s) in conflict with this charter will be superseded by this charter in those specific areas where the conflict exists. B. It is understood that TQI now exists at some facilities and that it will require an expeditious transition period to implement all features of this TQI national agreement. The transition period will be no more than one hundred twenty (120) days from receipt of this program at the local station or conclusion of local bargaining, whichever is later, and less than one hundred twenty (120) days where possible. The composition of QITs in existence prior to the effective date of this agreement shall not be affected by this agreement. Each facility will notify the local union of the QITs in existence prior to the effective date of this agreement. C. It is recognized by both parties that TQI projects are initiated at all levels. VA management must pay special attention to its obligation to provide union notification before implementation of QIT recommendations where appropriate. VA management will closely monitor TQI activities at all levels to assure that managers do not bypass the union. XIII. DURATION Both the union and management recognize that to achieve cultural transformation, many changes in the operating process have to occur; therefore, either party may give written notice to reopen this charter 30 to 60 calendar days prior to the first annual anniversary of this charter. The request for renegotiating the provision(s) of this charter shall be in writing and submitted 30 days prior to beginning the negotiations. If reopened, all provisions of this charter shall remain in effect until conclusion of negotiations unless otherwise mutually agreed. Participation by an individual employee in the TQI effort remains voluntary despite any opposing position by management or the union. Participation in the TQI effort remains voluntary. While either party may withdraw from the agreement at any time after 1 year, the parties are committed to utilizing TQI for 1 year from the conclusion of their transition period or the establishment of a program. Both union and management will consider withdrawal as the option of last resort only after extensive discussion and consultation fail to resolve a problem. The union maintains that participation in TQI is a union permissive right. XIV. TRAINING The Department will provide joint training to the parties prior to implementation of the TQI Program at the facility. The parties agree that the Department will provide the necessary resources and training to ensure a successful program. Section 1 - Policy and Purpose The parties recognize that working parents may have special child care needs during working hours. The parties recognize the need for such parents to secure appropriate child care arrangements. The Department will continue its efforts to secure adequate funding in order to support and foster child care services for its employees. Section 2 - Child Care Activities A. The Department will continue to provide and/or support various activities in order to meet ongoing child care needs. These may include, but are not limited to, such things as child care and parenting information, child care resource and referral information, workshops, and counseling as available through the Employee Assistance Program. B. It is the Department’s intention to utilize available funds nationwide to foster local solutions to child care needs. These may include construction of on-site facilities or near-site facilities, participation in shared facilities with other federal agencies, establishment of mini-centers, or other child care services. C. In accordance with PL 101-509 of the 1991 GSA Appropriations Act, the Department agrees to pay legally permissible expenses for training, conferences, or other meetings in connection with the provision of child care services for persons employed to provide child care services if the Department determines that such training, etc., is relevant and necessary. The Department also agrees to pay similar expenses for Department employees who have oversight responsibilities for the operation of child care facilities, i.e., members of local child care committees and boards of directors, if it is determined such training is relevant and necessary. D. The head of each facility or appropriate designee will provide inquiring employees with current listings of the qualified, licensed child care centers in the immediate area. Recognizing that a broad range of child care needs exists in compiling such listings, management will request specific information i.e., age groups served, types of program offered, and special needs program. Section 3 - Local Child Care Committees A. When a site for a VA Child Care Center is selected, the parties will establish a local committee comprised of one management representative, one Union representative, parents, and other parties as appropriate. The Department will have subject matter experts available to meet with the Committee on an as- needed basis. The Committee will guide development of the local child care program, including development of marketing strategies, operating procedures, and admission priorities. B. The Committee will have the opportunity to review and make recommendations which will be considered in the design of the facility. The Committee will participate in the selection of the child care provider. C. Once the Center becomes operational, the Committee will be replaced by a Board of Directors which the Committee will assist in establishing. The Union will designate one representative to serve on the Board of Directors. D. Committee members will be on duty time when performing Child Care Committee functions. Section 4 - Employee Needs A. It is agreed that the responsible official will grant emergency annual leave requests and consider emergency requests for leave without pay brought about by unexpected changes in child care arrangements, contingent upon operational exigency. B. The Department agrees to utilize programs which may assist employees with child care needs; for example, part-time employment, job sharing, leave, flextime, etc. C. The Department recognizes that it may be necessary for employees to contact child care providers during duty hours. Section 5 - Facilities In accordance with 40 USC 490(b), the Department will provide space, equipment, furnishings, and other services necessary to support the operation of each child care facility on federal property. Section 6 - Miscellaneous The parties agree that this Article will not delay or impact on any pending child care initiatives. The Union will be kept informed of the child care initiatives. Section 1 - General A. Each position covered by this Agreement that is established or changed must be accurately described in writing and classified to the proper occupational title, series, code, and grade. B. Title 5 position descriptions must clearly and concisely state the principal and grade controlling duties, responsibilities, and supervisory relationships of the position. C. Employees will be furnished a current, accurate copy of the description of the position to which assigned at the time of assignment and upon request. D. Position descriptions will be kept current and accurate, and positions will be classified properly. Employees shall be properly compensated for duties performed on a regular and recurring basis. Changes to a position will be incorporated in the position description to assure that the position is correctly classified/graded to the proper title, series, and grade. Incidental changes may be made in the form of pen and ink notations on the position description as requested by management. The Local will be provided the opportunity to review proposed changes in position descriptions and copies of updated position descriptions. Current position descriptions will be provided to Locals, upon request. E. Employees dissatisfied with the classification of their positions should first discuss the problem with their supervisors. If a supervisor is unable to resolve the issue to the employee’s satisfaction, the employee can discuss the matter with the Human Resource Manager or appropriate staff member who will explain the basis for the classification/job grading. An employee and/or the Local, upon request, will have access to the position description, evaluation report, if available, organizational and functional charts, and other pertinent information directly related to the classification of the position. This informal classification review process should be completed in a reasonable period of time. When a desk audit is conducted it will be completed within 90 days of the Union or employee request. This time frame may be extended by mutual consent. As appropriate, desk audits will be performed at the employee’s work station. If the employee still believes there is an inequity, an appeal may be filed with the Department or OPM as appropriate. An employee may file a classification/job grading appeal at any time through appropriate channels whether or not this informal classification review process was followed. F. Management will meet and confer with AFGE locally on procedures pertaining to systematic position classification and special maintenance reviews. G. Vacant positions will not be posted until the appointing authority assures that they are authorized, properly described, evaluated, and classified according to series, title, and grade. H. No position(s) will be downgraded without a thorough review. For a downgraded position, the employee’s pay and grade will be maintained on an incumbent basis in accordance with law and regulations. I. Delegations of authority for the classification of positions will be specified in Department policies and regulations. Section 2 - Classification Standards A. Title 5 positions will be classified by comparing the duties, responsibilities, and supervisory relationships in the official position description with the appropriate classification and job grading standard. B. The Department will apply newly issued OPM classification and job grading standards within a reasonable period of time. The Local will be provided with copies of new standards. Current standards will be provided upon request. C. The Department will provide the National VA Council with copies of any Department guidance provided to OPM in connection with any classification standards. Section 3 - Classification Appeals A. The Department will provide employees and Locals with copies of procedures for filing classification appeals through the Department or OPM channels upon request. B. Employees or their representatives are encouraged to submit their classification/job grading appeals through the local Human Resources Management (HRM) office. The HRM office will forward the appeal to the Department or OPM as appropriate no later than fifteen (15) days from receipt and will provide the Local with two (2) copies of the employee’s appeal request. However, this does not preclude an employee from filing a classification/job grading appeal directly to the Department or OPM as appropriate. C. An employee who files a classification appeal is entitled to a copy of the classification appeal file. The Union is entitled to the same material upon request. D. General Schedule and Federal Wage System employees who file appeals with the Department concerning the title, series and grade, and/or coverage of their position will have their appeal decided within a reasonable period of time with a goal of sixty (60) days from the date the Appeals Office receives a completed application. Classification appeal decisions will be forwarded to the Local. Section 4 - Effective Date The effective date of a personnel action taken as a result of an appeal should not be later than the beginning of the fourth pay period following the date of the decision. A. Employees shall be trained on all new equipment, technology changes, and clinical procedures needed to perform the duties of their job. B. Employees’ competencies shall be written and communicated. C. In the event that an out of the ordinary duty is assigned, employees shall be encouraged to state if they feel that this is an area that they need to review. The request should not be used punitively against them and the review shall be authorized by management. D. The Union shall have input into the training of employees who are expected to cross cover areas. E. If problems arise with employees’ competencies, remedial training shall be afforded. F. Competencies should be within the scope of licensure, if applicable. G. Copies of competencies will be provided to the Union. H. For the purposes covered by this Agreement, competencies as such shall not be used for performance evaluations, as replacements for or additions to performance standards, or as qualification standards. Section 1 - Periodic Briefings Periodic briefings will be held with AFGE officials at the local and national levels to provide the Union with information concerning any VA decisions that may impact unit employees in implementing OMB Circular A-76. Section 2 - Site Visits The Department will notify the Union if a site visit is going to be conducted for potential bidders seeking contracts for work performed by unit employees. A union representative may attend such a site visit. Section 3 - Union Notification When the Department determines that unit work will be contracted out, the Department will notify the Union to provide them an opportunity to request to negotiate as appropriate. Section 4 - Employee Placement When employees are adversely affected by a decision to contract out, the Department will make maximum effort to find available positions for employees. This effort will include:
Section 5 - Inventory of Commercial Activities The Department will maintain an inventory of all in-house commercial activities performed by the Department and will update this inventory annually. The inventory will include information on all completed cost comparisons and will be made available to the Union upon request. Section 6 - Reopener The parties agree that any agreement reached in Mid-Term Bargaining regarding Contracting Out may be incorporated in this Agreement. Section 1 - General A. A detail is the temporary assignment of an employee to a different position for a specified period of time with the employee returning to his regular duties at the end of the detail. Details are intended only for the needs of the Department’s work requirements when necessary services cannot be obtained by other desirable or practicable means. B. Details of one (1) week or more shall be recorded and maintained in the Official Personnel Folder. C. The following procedures shall apply when offering noncompetitive details of ten (10) consecutive workdays or more to both classified and unclassified positions:
D. The procedures in Paragraph C in this Section shall apply except in the following circumstances:
E. Details of less than ten (10) consecutive workdays shall be on a fair and equitable basis, and procedures for such details will be subject for local negotiations. F. For details outside of the duty station, a case-by-case analysis must be done comparing the distance from the old duty station to the employee’s residence versus the distance from the new duty station to the employee’s residence. When a significant difference exists, the employee should be given duty time for travel commensurate with the new duty station. Section 2 - Temporary Promotions -Title 5 A. Employees detailed to a higher grade position for a period of more than ten (10) consecutive work days must be temporarily promoted. The employee will be paid for the temporary promotion beginning the first day of the detail. The temporary promotion should be initiated at the earliest date it is known by management that the detail is expected to exceed ten (10) consecutive work days. The ten (10) consecutive work day provision will not be circumvented by rotating employees into a higher-grade position for less than ten (10) days in order to avoid the higher rate of pay. For the purposes of this section, a General Schedule employee who performs the grade-controlling duties of a higher-graded position for at least 25% of his time, or a Wage Grade employee who performs higher-graded duties on a regular and recurring basis, shall be temporarily promoted. B. Temporary promotions in excess of sixty (60) calendar days shall be filled through competitive procedures. Temporary promotions of less than sixty (60) days shall be made in accordance with Section 1 among qualified employees. Section 3 - Restriction on Lower-Graded Duties Should the requirements of the Department necessitate a detail to a lower-level position, this will in no way adversely affect the detailed employee’s salary, classification, or position of record. Section 4 - Representatives Management will make every effort to avoid placing a Union representative on a detail that would prevent that official from performing her representational functions. The Department agrees to notify the appropriate Union office prior to placing any designated Union representatives on detail away from the representative’s normal duty station. Section 5 - Voluntary Reassignment Employees seeking voluntary reassignments shall be entitled to prompt and fair consideration. Section 6 - Shift Change and Relocation The parties recognize that giving consideration to seniority promotes improved employee morale and productivity. However, the parties also recognize the paramount importance of effectively accomplishing the work. Employees may request to relocate from one area of the local installation to another (or from one shift to another) in the same position (PD#) within the same service with the same advancement potential. In filling such a vacancy, seniority will be considered and the request will be granted if the employee has the requisite skills and abilities, provided such relocation would be consistent with effective and efficient staffing. Management reserves the right to make the assignments based on other good faith considerations in assuring effective management of the work force. Section 7 - Relocation Expenses An employee whose duty station changes either involuntary or due to promotion shall be entitled to relocation expenses in accordance with regulations. Section 8 - Voluntary Demotion/Downgrade Prior to acting on an employee’s request for a voluntary reduction in grade, the Department will assure that: A. The employee has been fully apprised in writing about the effects of such an action, and B. The employee has been given an explanation of other alternatives relevant to the particular case. Section 9 - Assignments of Duties for Medical Reasons Employees recuperating from serious illness or injury and temporarily unable to perform their assigned duties as certified by a physician may voluntarily submit a written request to their supervisor for temporary assignment to duties commensurate with the disability and the employee’s qualifications. The Department may require that such requests be reviewed by a Federal medical officer for appropriate recommendations. The Department will consider such requests in accordance with applicable rules and regulations and medical recommendations. The Department will, to the extent feasible, temporarily assign the employee to an appropriate vacancy or duties and responsibilities within his own service/section commensurate with the employee’s disability and qualifications. Employees will continue to be considered for promotional opportunities for which they are otherwise qualified. Section 10 - Reassignments A. Reassignments shall not be used as punishment, harassment, or reprisal. B. The parties agree that reassignment is a subject more appropriate for local bargaining. General areas which should be addressed include but are not limited to: posting of job notices, submitting voluntary requests, consideration of requests, and notification of reassignments. C. All leave previously requested and approved will be transferred with the employee. Section 11 - Local Negotiations The parties at the local level may negotiate additional procedures for details and reassignments. Section 12 - Rotations When the rotation of employees through higher-graded positions has the effect that compensation at the higher grade is avoided, the Department will comply with governmentwide regulations. Section 1 - General The Department and the Union recognize that the public interest requires the maintenance of high standards of conduct. No bargaining unit employees will be subject to disciplinary action except for just and sufficient cause. Disciplinary actions will be taken only for such cause as will promote the efficiency of the service. Actions based upon substantively unacceptable performance should be taken in accordance with Title 5, Chapter 43 and will be covered in Article _____. Section 2 - Definitions For purposes of this Article, the following definitions are used: A. For Title 5 employees:
B. For Title 38 employees:
Section 3 - Removal of Disciplinary Actions Admonishments and reprimands may be removed from an employee’s files after a six- (6) month period. If an employee requests removal of such actions after six (6)months, they should be removed if the purpose of the discipline has been served. In all cases, an admonishment should be removed from an employee’s file after two (2) years and a reprimand will be removed after three (3) years. Section 4 - Administrative Reassignment Administrative reassignments will not be used as discipline against any employees, unless appropriate procedures are followed. Section 5 - Alternative and Progressive Discipline The parties agree to a concept of alternative discipline which shall be a subject for local negotiations. The parties also agree to the concept of progressive discipline, which is discipline designed primarily to correct and improve employee behavior, rather than punish. Section 6 - Fairness and Timeliness Disciplinary actions must be consistent with applicable laws, regulations, policy, and accepted practice within the Department. Discipline will be applied fairly and equitably and will not be used to harass employees. Disciplinary actions will be timely based upon the circumstances and complexity of each case. Section 7 - Processing Admonishments and Reprimands A. An employee against whom an admonishment or reprimand is proposed is entitled to a fourteen (14) days advance written notice, unless the crime provisions are invoked. The notice will state the specific reasons for the proposed action. Management agrees that the employee shall be given up to eight (8) hours of time to review the evidence on which the notice of disciplinary action is based and that is being relied on to support the proposed action. Additional time may be granted on a case by case basis. Upon request, one copy of any document(s) in the evidence file will be provided to the employee and/or his designated representative. B. The employee or his representative may respond orally and/or in writing as soon as practical but no later than ten (10) calendars days from receipt of the proposed disciplinary action notice. The response may include written statements of persons having relevant information and/or appropriate evidence. C. Extensions for replying to proposed disciplinary actions may be granted for good cause. The management official will issue a written decision at the earliest practicable date. The written decision shall include the reason for the disciplinary action and a statement of findings and conclusions as to each charge. The decision shall also include a statement as to whether any sustained charges arose out of "professional conduct or competence," and a statement of the employee’s appeal rights. In responding to a proposed disciplinary action, the employee will be entitled to union representation. Section 8 - Processing Suspensions, Adverse Actions, and Major Adverse Actions A. An employee against whom a suspension, adverse action, or major adverse action is proposed is entitled to thirty (30) days advance written notice, except when the crime provisions have been invoked. The notice will state specific reasons for the proposed action. Management agrees that the employee shall be given the opportunity to use up to eight (8) hours of time to review the evidence on which the notice is based and that is being relied on to support the proposed action. Additional time may be granted on a case-by-case basis. Upon request, one copy of any document(s) in the evidence file will be provided to the employee and his/her designated representative. B. The employee and/or representative may respond orally and/or in writing as soon as practical but no later than fourteen (14) calendar days from receipt of the proposed action notice. The response may include written statements of the persons having relevant information and/or other appropriate evidence. Management has the right to restrict the response time to seven (7) days when invoking the crime provision. C. Extensions for replying to proposed adverse actions and suspensions may be granted when good cause is shown. The appropriate management official will issue a written decision at least five (5) days prior to the effective date. The written decision shall include the reason for the disciplinary action and a statement of findings and conclusions as to each charge. The decision shall also include a statement if any sustained charges arose out of "professional conduct or competence" and a statement of the employee’s appeal rights. In responding to a proposed disciplinary action, the employee will be entitled to union representation. D. These provisions do not apply to probationary or trial employees. Section 9 - Notice of Disciplinary Actions A. Notice of a final decision to take disciplinary action shall be in writing and shall inform the employee of appeal and grievance rights and his/her right to representation. The employee will be given two (2) copies of the notice; one (1) copy may be furnished to the Union by the employee. Management will inform the Union when it takes a disciplinary action against a unit employee. B. Notices shall explain in detail the reasons for the action taken and all evidence relied upon to support the decision. The notice will also advise the employee how long the action will be maintained in his/her file. The supervisor shall discuss the notice with the employee. If the employee elects to have a union representative present, the discussion will be delayed until the Union has an opportunity to furnish a representative. Section 10 - Investigation of Disciplinary Actions A. Management will investigate an incident or situation as soon as possible to determine whether or not discipline is warranted. Ordinarily this inquiry will be made by the appropriate line supervisor. The employee who is the subject of the investigation will be informed of his/her right to representation before any questioning takes places or signed statements are obtained. Other employees questioned in connection with the incident who reasonably believe they may be subject to disciplinary action have the right to Union representation upon request. B. Disciplinary investigations will be conducted fairly and impartially, and a reasonable effort will be made to reconcile conflicting statements by developing additional evidence. In all cases, the information obtained will be documented. Supervisory notes may be used to support an action detrimental to an employee only when the notes have been shown to the employee in a timely manner after the occurrence of the act and a copy provided to an employee as provided for in Article ___. Section 1 - Program Purpose The Department agrees to implement and promote the VA Employee Assistance Program (VAEAP) which is a program for troubled individuals with alcoholism, drug abuse, emotional, or other personal problems that may affect job performance. Employees and supervisors will be informed about the program. Section 2 - Record of Participation A. The Department will assure that no employee will have job security or promotion opportunities jeopardized by a request for counseling or referral assistance. The Department will ensure that the confidentiality of medical records of employees with alcohol or drug problems will be preserved in accordance with current public laws and Office of Personnel Management regulations. B. After an employee is no longer participating in the program, records will be maintained confidentially and preserved in accordance with applicable laws and regulations. Section 3 - Voluntary Participation and Employee Responsibility Although the existence and functions of counseling and referral programs will be publicized to employees, no employee will be required to participate or be penalized for merely declining referral to counseling services. Section 4 - Confidentiality A. The parties recognize that all confidential information and records concerning employee counseling and treatment will be maintained in accordance with applicable laws, rules, and regulations. B. Without an employee’s specific written consent, the supervisor may not obtain information about the substance of the employee’s involvement with a counseling program. Information obtained with the employee’s authorization from such counseling programs may not serve as the basis for disciplinary or adverse actions. Section 5 - Disciplinary Action It is agreed that no employees who enroll and participate in good faith in the VAEAP will be subject to disciplinary or adverse action as a result of their problem in the first instance so long as no criminal action is involved and until the employee has been given reasonable time and opportunity to be rehabilitated. However, this will not prevent discipline in the event of severe or egregious action. Section 6 - Excused Absence Employees undergoing a prescribed program of treatment under the Employee Assistance Program will be excused without charge to leave for a brief period of time of less than one hour. Section 7 - Leave Associated with VAEAP It is the policy of the Department to grant leave (sick, annual, or LWOP) for the purpose of treatment or rehabilitation for employees under the Employee Assistance Program as would be granted for employees with any other health problem. Section 1 -- Background and Purpose Recognition of employees through monetary and nonmonetary awards reflects the parties’ efforts to promote continuous improvement in Department performance. The employee recognition program provides a positive indication of the parties’ commitment to providing quality public service. The employee recognition program, as described in this Article, has the following characteristics: A. It is an incentive program; that is, employee recognition is based on achievement and improvement. Achievements are linked to the Department mission of providing high quality care and service to veterans and the public. The program is intended to motivate employees to strive for excellence. Strong emphasis is placed on recognition of efforts to improve service to veterans and the public. B. It recognizes the accomplishments of employees both as individuals and as members of groups or teams. Because of the interrelationship of work performed by employees, enhanced Department performance is sought through teamwork, not through competition among individuals. This program is based on the concept that individual employees who, through personal efforts and accomplishments support the goals of their teams, work units and, thus, the Department deserve recognition. It is also based on the concept that groups or teams which improve Department performance deserve recognition. It recognizes that management, the Union, and employees have important roles in identifying and recognizing employees deserving of awards and praise. The intent of this program is to promote a positive work environment and to link awards to employee contributions that enhance Department performance. C. Further, it is the intent of this program to ensure that employees will be appropriately rewarded regardless of changes in the Department’s organizational structure, work processes, or work initiatives. Section 2 - Policy A. There is no limit on the number of awards that employees may receive or the frequency with which they may receive awards unless otherwise stated in this Article. B. When employees are considered for awards, the relative significance and impact of their contributions will be considered in determining which type of award would constitute appropriate recognition and, for monetary awards, in determining the amount of money to be granted. Funding availability must also be considered in the granting of monetary awards. C. Awards will be processed in a timely and expeditious manner. D. The Department will provide an award recipient with written documentation that clearly articulates the specific reason(s) that the employee received the award. Employees are encouraged to relate this information to specific evaluation criteria when completing applications for merit promotion. Section 3 - Types of Awards Awards which employees may be eligible to receive include but are not limited to: A. Special Contribution Award B. Instant Award C. Suggestion Award D. Time-off Award Section 4 -- Award Panels Each facility will establish awards panels consisting of management and bargaining unit employees. The composition and membership of each panel will be decided jointly by union and management. The union will designate the bargaining unit panel members. Panel decisions will be made by consensus and will then be forwarded to the Director of the facility. Award panels will be formed at the beginning of assessment period. Panels will perform the following functions, maintaining the strictest confidentiality and avoiding even the appearance of conflicts of interest: Establish fair and equitable mission-related criteria for awards. Operate within parameters as negotiated locally. Section 5 - Monetary Awards
Section 6 - Time-Off Awards Time-off awards may be granted to an individual or group of employees for contributions that benefit VA. These awards may be granted for contributions such as, but not limited to; the following:
Section 7 - Award Nomination Procedures A. Employees and management officials are encouraged to identify individual employees whom they believe should be recognized for high quality accomplishments or contributions. B. Nominations of individual employees should be submitted, in writing, to the appropriate manager or award panel. The nominations should include a description of the accomplishments or contributions of the nominee(s) and an explanation of their significance, as well as the name and telephone number of the employee submitting the nomination. Nominations should not include suggestions for the type of award or the amount of money to be granted. Information provided in the nominations will be considered in determining appropriate recognition. Section 1 - General In an atmosphere of mutual respect, all employees shall be treated fairly and equitably and without discrimination in regard to their political affiliation, Union activity, race, color, religion, national origin, gender, sexual orientation, marital status, age, or non-disqualifying handicapping conditions. Employees will also be afforded proper regard for and protection of their privacy and constitutional rights. It is therefore agreed that Management will endeavor to establish working conditions which will be conducive to enhancing and improving employee morale and efficiency. A. Instructions will be given in a reasonable and constructive manner. Such guidance will be provided in an atmosphere that will avoid public embarrassment or ridicule. If an employee is to be served with a warrant or subpoena, it will be done in private without the knowledge of other employees to the extent it is within Management's control. B. No disciplinary or adverse action will be taken against an employee upon an ill-founded basis such as unsubstantiated rumors or gossip. C. No employee will be subjected to intimidation, coercion, harassment, or unreasonable working conditions as reprisal nor be used as an example to threaten other employees. D. When employees receive conflicting orders, they have a right to follow the last order given as long as they advise the Management official who issued the latest order that there is a conflict. Section 2 - Rights to Union Membership Each employee shall have the right to form and join a Union; to act as a designated Union representative, and to assist the Union without fear of penalty or reprisal. This right shall extend to participation in all Union activities including service as officers and stewards. Section 3 - Rights to Union Representation Management recognizes an employee’s right to assistance and representation by the Union, and the right to meet and confer with Union representatives in private during duty time, consistent with Article___ and local supplemental agreements. If the employee cannot be released immediately, the employee will normally be released two (2) hours before the end of her tour of duty. If such release is not made, appropriate relief from time frames will be afforded. The Department agrees to annually inform all employees of the right to Union representation under 5 USC 7114 (a)(2)(B) by postings on official bulletin boards and other appropriate means. Section 4 - Use of Recording Devices No electronic recording of any conversation, between a bargaining unit employee and VA official may be made without mutual consent except for Inspector General investigations or other law enforcement investigations. When a recording is made, the employee will be given the opportunity to review the transcript for accuracy and will be provided with a copy of the tape and transcript if one is made. Information obtained in conflict with this Section will not be used as evidence against any employee. Section 5 - First Amendment Rights Employees have the right to present their views to Congress, the Executive Branch, or other authorities and to otherwise exercise their First Amendment rights without fear of penalty or reprisal. Section 6 - Access to Documentation Employees have a right to be made aware of and receive copies of any information specific to them personally maintained under their name and/or social security number. This includes any documentation which is not covered by official records referenced in Article __ of this Agreement. Section 7 - Personal Rights Employees shall have the right to direct and fully pursue their private lives, personal welfare, and personal beliefs without interference, coercion, or discrimination by the Employer so long as such activities do not conflict with job responsibilities. Section 8 - Dignity and Self Respect In Working Conditions Employees, individually and collectively, have the right to expect, and to pursue, conditions of employment which promote and sustain human dignity and self-respect. Section 9 - Whistle-Blower Protection Employees shall be protected against reprisal of any nature for the disclosure of information not prohibited by law or Executive Order which the employee reasonably believes evidences a violation of law, rule or regulation, or evidences mis-management, a waste of funds, an abuse of authority, or danger to public or employee health or safety. Section 10 - Unlawful Orders An employee has the right to refuse orders that would require the employee to violate the law. This refusal to obey an unlawful order will not subject the employee to disciplinary or adverse action. Section 11 - Counseling A. Counseling shall be reasonable, fair, and used constructively to encourage an employee’s improvement in areas of conduct and performance. It should not be viewed as disciplinary action. At any counseling session where an employee has the right to Union representation, the employee shall be advised of that right at the beginning of the session. B. Oral Counseling When it is determined that oral counseling is necessary, the counseling will be accomplished during a private interview with the concerned employee and Union representative if requested and appropriate. If after such a meeting, the employee is dissatisfied and wishes to pursue a grievance, the employee may proceed to either Step 1 or to Step 2 of the grievance procedure. If there is to be more than one Management official involved in a counseling session with an employee, the employee will be so notified in advance and the employee may have a Union representative at the session. C. Written Counseling
Section 12 - Group Meetings The Department agrees that group meetings of employees serve as a useful means of communication and agrees that regular and periodic (preferably monthly) group meetings will be held within each service, department, or unit to discuss concerns of both the Department and employees. The Union shall be notified of such meetings and given the opportunity to attend. Section 1 - Policy The Department and the Union affirm their commitment 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 and over), or disabling condition. Section 2 - Equal Employment Opportunity Program The Department's Equal Employment Opportunity (EEO) Program shall be designed to promote equal employment opportunity in every aspect of the Departmental personnel policy and practice in accordance with applicable law and Government-wide rules and regulations. The program shall include, but not be limited to, the following: A. Providing reasonable job accommodation for qualified disabled employees, B. Reviewing selection processes and staffing procedures to identify those which are inconsistent with governing Federal EEO rules and regulations and taking corrective actions consistent with such rules and regulations in those instances where adverse EEO impacts are found, C. Procedures that allow for the redesigning of jobs, where feasible and desirable, and which do not create an undue hardship to achieve the Department's mission to utilize to the maximum extent possible the present skills of qualified disabled employees, D. Making reasonable accommodations for the religious needs of employees when such accommodations can be made without undue hardship to the conduct of Department programs, E. Commitment to the prevention of sexual harassment, and F. Affirmative Employment Plan(s). Section 3 - Reasonable Accommodations for Employees with Disabilities A. In accordance with Section 501 of the Rehabilitation Act of 1973, as amended, Section 403 of the Vietnam Veterans Readjustment Assistance Act of 1974, as amended, and other Governmentwide rules and regulations pertaining to the employment of individuals with disabilities, the Department is committed to affirmative action for the employment, placement, and advancement of qualified individuals with disabilities and disabled veterans. B. The Department will offer reasonable accommodation to known physical or mental limitations of qualified individuals with a disability regardless of type of appointment, unless the Department can demonstrate that the accommodation would impose an undue hardship on the operation of the Department’s program as defined in 29 CFR Section 1614.203. C The parties recognize that individual accommodations will be determined on a case-by-case basis, taking into consideration the employee’s specific disability, the employee’s suggestions for reasonable accommodations, existing limitations, the work environment, and undue hardship imposed on the operation of the Department’s program as defined above. Qualified employees with disabilities may request specific accommodations. However, the Department is not required to provide the employee’s accommodation of choice as long as the Department provides a reasonable accommodation. D. The parties agree that reasonable accommodation means an adjustment made to a job and/or the work environment that enables a qualified person with a disability to perform the essential duties of that position. The Department will promptly consider requests for reasonable accommodations for employees with disabilities. Such accommodations will be evaluated on a case-by-case basis with regard to the merit of the request. E. Should a nonprobationary employee become unable to perform the essential functions of her position even with reasonable accommodation due to a disability, the Department shall offer to reassign the employee when a funded vacant position for which the employee qualified is available, subject to all conditions in 29 CFR Section 1614.203(g) being met. F. For employees with disabilities, job restructuring is one of the principal means by which some qualified workers with disabilities can be accommodated. The principal steps in restructuring jobs are:
G. The parties agree that in many cases, changes in the work environment and other accommodations enable persons with disabilities to more effectively perform their job duties. Alterations and accommodations may be, but are not limited to, the following:
H. An employee may be provided assistive devices if the Department determines that the use of the equipment is necessary to perform official duties. Such equipment does not cover personal items which the employee would be expected to provide such as hearing aids or eye glasses. I. The Department facilities shall be accessible to employees with disabilities. J. The Department will be liberal in granting leave to accommodate the handicapping condition of employees. For example:
K. The Department will provide handicapped employees full consideration for all training opportunities. Once an employee is selected for training, the Department will provide reasonable accommodations to the employee to attend and complete the training. It is the intent of the Department to provide on-the-job training opportunities to qualified handicapped employees on the same basis as nonhandicapped employees consistent with operational needs. L. For the purpose of continuing to provide reasonable accommodations for hearing-impaired employees, management agrees to provide interpreter services for those employees who seek Union assistance and/or representation for their individual concerns. To the extent possible, interpreter services should be arranged in advance unless the employee wants to retain confidentiality. M. To provide employees with disabilities equal opportunity to perform official business travel, certain additional travel expenses necessarily incurred to reasonably accommodate the employee’s disability may be reimbursed under the Federal Travel Regulations. N. Employees with disabilities may, where appropriate as a reasonable accommodation, utilize work-at-home accommodations or flexiplace work setting. Section 4 - Affirmative Employment Plans The Department’s Affirmative Employment Plan shall be designed to promote positive opportunities for all employees to contribute to the Department’s mission to the maximum extent possible, consistent with EEO principles. The Department shall ensure that where there are situations of under representation, aggressive recruitment and development plans will be implemented. The parties are encouraged to develop Affirmative Employment Plans through partnership with the Union. A. Affirmative Employment Plans should include, where appropriate, provisions for reviewing individual services to ensure that affirmative employment policy is apparent within the service and making more use of bridge positions and cross-training. B. The Department will fulfill any labor/management obligation, as appropriate, under law, rule or regulation, with AFGE at the national level prior to submitting the National Affirmative Employment Plan to EEOC for approval. The parties recognize that the National Affirmative Employment Plan must be submitted to EEOC. C. Local management will fulfill any labor/management obligation, as appropriate under law, rule, or regulation, with AFGE at the local level prior to submitting local Affirmative Employment Plans to the next organizational level where required (for example, to the Department or EEOC). The parties recognize that the local plans must be submitted to headquarters in sufficient time for the Department to meet the EEOC requirement in B above. Section 5 - Information, Data, and Reports A. The Department agrees to provide employees access to written information describing the discrimination complaints procedures and their installation’s Affirmative Employment Plan(s). B. The Department agrees to the timely posting of names, pictures, and office telephone numbers of EEO Counselors on designated installation bulletin boards. Management will also provide the local with a current list of its facility EEO Counselors and will update the list as necessary. C. The Department agrees to provide the Union with copies of the National Affirmative Employment Plan and any other reports submitted to EEOC, including statistical data, in a timely manner. D. Each installation preparing an Affirmative Employment Plan and any other reports will provide a copy of the same, including statistical data, to the appropriate local union representative in a timely manner. Section 6 - EEO Counselors A. The parties agree that proper training will be provided to designated EEO counselors consistent with appropriate EEOC regulations. B. The Department will assure that EEO counselors are available and accessible to employees who may have a discrimination complaint. C. The Union, at the local level, may recommend employees for EEO counselor positions. D. Training on the subject of sexual harassment will be included in the Department's training programs provided to EEO counselors. Section 7 - EEO Review Committee A. The parties agree to establish a two- (2) year joint pilot program to assess and improve the Department’s EEO Program with the formation of a National EEO Review Committee. The Union and the Department will each appoint a comparable number of representatives to serve on this Committee which will meet during the semi-annual National Labor/Management meetings and other mutually agreed upon times. The Department will provide official-time status, travel, and per diem for up to three (3) Department employees appointed by the Union to serve on the Committee and participate in Committee meetings.
B. At the end of the initial two- (2) year pilot program, the parties agree to evaluate the merits of continuing the Committee’s existence using as a principal criterion whether its functions have added value to the Department’s mission and improved EEO functions and programs. C. The membership and operation of the local EEO Advisory Committee is an appropriate subject for local bargaining. Bargaining unit members will be selected with the concurrence of the Union. Section 8 - Special Emphasis Program Managers Management will request nominations from the local Union when management is considering individuals to serve as Special Emphasis Program Managers on a collateral duty basis. Section 9 - Complaints A. Any employee who wishes to file or has filed an EEO complaint shall be free from coercion, interference, dissuasion, and reprisal. B. Employees shall choose from available designated EEO counselors for the facility to pursue their complaint. C. EEO counselors will fully advise employees who seek their assistance of the procedures (including time limits) involved in processing an EEO complaint under the statutory EEO appeals procedure. The EEO counselor will also advise the complainant of the right to file a grievance under the negotiated procedure (See Article 17, Grievance Procedures, Section 3.C). If the employee elects to file a complaint, the employee must choose to file the complaint under the negotiated grievance procedure or the statutory EEO process but not under both. If there is an established dispute resolution procedure, and the aggrieved has agreed to participate in the procedure, there will be an extension of no more than sixty (60) days of the EEO counseling period. D. The complainant may elect to use an existing Alternative Dispute Resolution (ADR) process; however, the complainant's rights to pursue an EEO complaint are not waived during the ADR process. At the same time, the complainant's responsibilities to comply with all requirements of the EEO process (for example, time limits and points of contact) must be adhered to. In the event that ADR is terminated for any reason, the complainant may continue to pursue an informal resolution of the matter with the EEO counselor or may request a Notice of Final Interview from the EEO counselor. Guidance on the requirements of discrimination complaint appeals will be available in the appropriate administrative office or from an EEO counselor. E. The representative designated in writing by the EEO complaintant will have the same access to information as the complaintant. F. Upon request, the Department agrees to provide the Union current statistics concerning discrimination complaints filed by employees. Section 1 - Scope The Department may direct an employee to undergo a fitness for duty examination only under those conditions authorized by this Article or in accordance with Title 38 procedures, as appropriate. Section 2 - Prerequisite Conditions When there are reasonable grounds to believe that a health problem is causing performance or conduct problems of an employee, the employee shall be given an opportunity to provide medical evidence documenting the health problem affecting his performance or conduct and/or an opportunity to voluntarily initiate an application for disability retirement on his own behalf. Section 3 - Medical Determination A. The Department may require an employee receiving worker’s compensation benefits or assigned to limited duties as a result of an on-the-job injury to report for medical evaluation when the Department has identified an assignment or position (including the employee’s regular position) which it reasonably believes the employee can perform consistent with the medical limitations of her condition. B. The Department may offer a medical examination when an individual has made a request for medical reasons for a change in duty status, assignment, or working conditions or any other benefit or special treatment (including reemployment on the basis of full or partial recovery from a medical condition) and the Department, after it has received and reviewed medical documentation, determines that it cannot grant, support, or act further on the request without verification of the clinical findings and current clinical status.
C. All medical examinations ordered or offered pursuant to Paragraphs 3A and 3B in this Section shall be at no cost to the employee and performed on duty time at no charge to leave. Section 4 - Procedures In seeking a fitness-for-duty examination which may or may not lead to a disability application, the following rules and procedures shall apply: A. In all discussions with any management official, the employee shall be entitled to union representation. Prior to any discussion, the employee shall be notified of this right, given an opportunity to contact and discuss the matter with his union representative, and permitted the right of representation in such discussion. B. During these procedures, the employee will be apprised of his rights and, where supported by appropriate medical evidence, given the opportunity for suitable interim adjustments in his work assignments. C. When the results of the medical examination reveal that the employee:
D. When the Department determines that the medical evidence reveals:
Section 5 - Counseling When a disabled employee meets existing disability retirement requirements, the Department will counsel him concerning disability retirement and explain the procedure for voluntarily applying for disability retirement. In the event that such an employee is unable to file on his own behalf, the Department may initiate, with notice to the employee, an application for the employee in accordance with applicable laws and regulations. A. The Department shall provide the employee proper notice, in accordance with 5 CFR Section 831.1203(b), and shall permit the employee thirty (30) days in which to respond in writing. B. If the medical evidence and performance records establish that the employee retains the capacity to perform satisfactorily in a vacant lower grade position which the Department seeks to fill within the employee’s commuting area, the employee will be informed of her option to request such a demotion. Section 6 - Confidentiality of Records All records pertaining to the employee’s examination and any subsequent personal information included with an application for disability retirement are confidential and may be disclosed only to those with an administrative need to know or specifically authorized by the employee. There will be a written statement to the employee of the disclosure. Section 1 - General The Department and the National VA Council jointly recognize the mutual benefits of a flexible workplace program to the Department and its employees. Balancing work and family responsibilities, assistance to the elderly or disabled employees, and meeting environmental, financial, and commuting concerns are among its advantages. In recognizing these benefits, both parties also acknowledge the needs of the Department to accomplish its mission. The Department Flexiplace Program will be governed by applicable law, governmentwide rules and regulations, and this Article. Any Flexiplace Program established under this Article will be a voluntary program which permits employees to work at home or at other approved sites away from the office for all or a part of the workweek. Section 2 - Definitions A. "Flexiplace" is defined as a voluntary program which enables employees to periodically or permanently perform specific assignments at an Alternate Duty Station (ADS) with supervisory approval. B. "Alternate Duty Station" is defined as a specific room or area within an employee’s primary residence or an established Department satellite location. Sections 3 - Criteria All employees who meet the criteria below are eligible to participate in the Program: A. The employee volunteered (or concurred with the supervisor’s recommendation) to perform work at the ADS. B. The employee has a fully successful rating of record. C. The employee has work space and utilities at home suitable for performing work. D. The employee is willing to sign and abide by the Flexiplace Program Agreement concerning participation in the Flexiplace Program (see Section 4 of this Article for details). Section 4 - Flexiplace Program Agreement A. Prior to participating in the Flexiplace Program, employees will be required to complete, on a one-time basis, a Flexiplace Program Agreement. However, a new Flexiplace Program Agreement must be completed if significant changes occur (e.g., change in ADS address/location, change in supervisor, and/or change in official duty station). This Agreement will provide employees with sufficient information concerning the Flexiplace Program so as to make an informed decision as to whether or not they wish to participate. This information will include:
B. Employees will signify that they have volunteered to participate in the Flexiplace Program and will abide by the Flexiplace provisions by signing and dating the Flexiplace Program Agreement. Section 5 - Flexiplace Program Work Assignment Request A. The employee will submit a separate request for each specific assignment to be performed at the ADS. The request will describe the nature of the duties to be performed and the specific day(s) involved. The request will be submitted to the supervisor for approval. The supervisor will document approval or denial of the request as soon as possible. Supervisory documentation will be provided prior to the time requested away from the worksite. Employees must make the request to work at the ADS at least one workday in advance; however, this time frame may be waived at the discretion of the supervisor. If the assignment is initiated by the supervisor, and the employee concurs, the employee is still responsible for submitting a Flexiplace Program Work Assignment Request in addition to signing the Flexiplace Program Agreement described in Section 4 of this Article. B. The criteria for approving a request to work at the ADS shall be based on the following:
Section 6 - Removal from Program The Department may remove an employee from the Flexiplace Program based on the employee’s failure to adhere to the requirements specified in the Flexiplace Program Agreement and/or a decline in overall performance below fully successful level. Normally, employees will not be removed from participation for single, minor infractions of Flexiplace Program requirements. Supervisors will make a bona fide effort to counsel employees about specific problems before effecting removal. When a decision is made to remove an employee from the Flexiplace Program, the employee must be given written notice indicating the reason(s) for removal. The employee may reapply for Flexiplace Program participation thirty (30) calendar days after removal from the Program, provided that his performance is at least fully successful. Section 7 - Problems Affecting Work Performance Employees will promptly inform supervisors whenever any problems arise which adversely affect their ability to perform work at the ADS. Examples could include situations such as equipment failure, power outages, telecommunications difficulties, etc. Section 8 - Hours of Work and Leave Employees performing work at the ADS are subject to the same maximum workday limits as they would be if they were performing work at official duty station, consistent with Article _____ of this Agreement. Employees performing work at the ADS are not authorized to work overtime or official compensatory time, except in special circumstances for example, to meet priority needs of the Department. In these situations, prior approval must be obtained from the facility Director (or equivalent). Employees are not authorized to work credit hours at the ADS. Employees performing work at the ADS will follow established procedures for requesting and obtaining approval of leave, consistent with Article __ of this Agreement. Section 9 - Emergency Closing/Late Openings/Early Dismissals On a day when an employee is scheduled to work at the ADS and their official duty station facility is closed for all or part of a day, the following rules apply: A. Full Day Closing. The employee is not required to perform work at the ADS. However, if the employee voluntarily chooses to perform any work at the ADS, she is not entitled to additional compensation such as overtime, compensatory time, or credit hours. B. Late Openings. On a day when an employee is scheduled to work at the ADS and his official duty station facility opens late, the employee is entitled to the exact amount of excused absence the employee would have received if scheduled to work at the official duty station consistent with Article____ of this Agreement. In this situation, the voluntary work provisions in Paragraph A of this Section apply. C. Late Arrivals and Early Dismissals. On days when a late arrival or early dismissal occurs, the employee is required to perform his/her full ADS schedule if located at home. Section 10 - Telecommuting Centers The parties agree to discuss the feasibility of telecommuting centers. Section 11 - Emergency Situations In the event of a local emergency situation such as a transit strike or a natural disaster which adversely affects an employee’s ability to commute to the workplace, the parties agree to meet immediately to discuss possible temporary Flexiplace arrangements for affected employee(s). Section 12 - Evaluation of Program The parties agree to meet six (6) months after the implementation of this Agreement to assess any concerns relevant to employees working at their residence such as availability of lap-top computers. Section 13 - Union Notification The local Union will be notified when employees are placed in Flexiplace and taken off Flexiplace. Section 1 - General A. A change in the administrative workweek and changes in the regularly scheduled administrative workweek are considered changes in conditions of employment for purposes of the notice requirement of Article ____ of this Agreement. There are laws and governmentwide regulations specific to certain groups of employees such as physicians, dentists, personnel covered by the Baylor Plan, and firefighters. Where there is a conflict with this Article, those laws and governmentwide regulations shall apply. B. A rest period of fifteen (15) minutes duration will be allowed each employee twice during each eight (8)-hour day, normally one in the first half and one in the second half of the shift. A rest period of ten (10) minutes duration will be allowed each employee during each period of extended shift overtime of at least 2 hours duration. On days when all work is overtime, or in the case of extended shifts, a rest period of fifteen (15) minutes will be allowed for each period of four (4) hours worked. Rest periods will not be added to periods of leave or the beginning or end of the employee’s work shift. Management will not restrict employee mobility during rest breaks except for those positions which require employees’ constant presence. C. "Basic work requirement" means the number of hours, excluding overtime hours, that an employee is required to work or is required to account for by leave or otherwise. Section 2 - Work Schedule Options (AWS and Credit Hours) A. General - This section sets forth the procedures to be followed for Alternative Work Schedule (AWS) including flextime, compressed work schedules, and credit hours. This section also provides a menu of options for local bargaining/partnership for employees to participate in these plans. AWS means a schedule other than the traditional eight (8) hours fixed shift. Flexible work schedules and compressed work schedules are included within the definition of an alternative work schedule. Other variations of AWS may be negotiated locally to expand opportunities for bargaining unit employees. B. Flextime
C. Compressed Work Schedule (CWS)
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