Master Agreement Training

National Federation of Federal Employees Forest Service Council (NFFE-FSC) and USDA Forest Service Presented by Name of Union Rep & Name of Management Rep Date Location

Purpose of the Course

   Review your roles, responsibilities, and rights as managers, supervisors, and employees under the Labor Statute and the Labor Contract (FS/NFFE Master Agreement) Identify importance of maintaining a good working relationship between management and the union Assist you in identifying your Labor Relations resources 2

The Labor Statute

 A portion of the Civil Service Reform Act of 1978 is the Federal Services Labor Management Relations Statute and it has been codified as Title 5 of the United States Code Chapter 71.

 So, when we talk about the “labor statute” or the “federal labor relations statute” we are talking about 5 U.S.C. 71.

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The Statute and the Master Agreement

   The Labor Statute authorizes collective bargaining in the Federal Sector and provides the legal framework for such bargaining.

The Master Agreement (and other negotiated agreements) are the product of collective bargaining.

The Labor Statute applies to all Agencies; the Master Agreement applies only to NFFE-organized units in the Forest Service.

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What is the Master Agreement

   Contract between the Forest Service and the Forest Service Council of NFFE Negotiated by the Forest Service and NFFE at the National level Agreement to procedures, rights, responsibilities, conditions of employment and working conditions It’s NOT the UNION contract or the FOREST SERVICE contract.

It’s OUR contract.

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Bargaining Unit

  Bargaining unit (BU) is comprised of the employees (BUEs) represented by Union.

There are two consolidated BUs in the Forest Service represented by NFFE: – Professional (These positions generally require a degree, e.g. “ologists,” engineers, etc.)  – Non- Professional (Generally do not require a degree, e.g. technicians, specialists, etc.) Within the Forest Service these two bargaining units are generally lumped together as “the bargaining unit.” 6

Bargaining Unit

 The Bargaining Unit varies with each unit, depending on who voted to be represented. It may include: – Professionals, Non-Professionals   – Permanent, term, temp, seasonal Generally, all non-supervisory, non managerial employees, except “confidential” employees are eligible.

The description of the bargaining unit for each FS unit is found in Appendix A. Updates and changes are posted on the HRM Labor Relations Website.

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Bargaining Unit

 Unit Name and Local # (See Appendix A or the LR website) – Included – Excluded 8

Changes to the Bargaining Unit

(Article 1)  Management will notify the Union before changing the BU status of a position. – If Union and Management cannot reach agreement, the Union may file a petition with the FLRA.

 – During this process, the BU status will not be changed, but management may assign work as appropriate.

The Union will notify management when it believes the BU status of a position should be changed, before going to FLRA.

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Implementation

(Article 2)     Annotations used to clarify the intent of the language written in the Contract or background information about a given topic Commitment to jointly developed training on the MA.

Face-to-face MA training when practical MA will be posted on FSWeb and WWW, and will be 508 compliant.

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Key Definitions

(Article 3)     Day: Unless stated otherwise, day means calendar day. If a due date falls on a Saturday, Sunday, or holiday, the next official workday will be considered the due date.

In Writing: transmittals with reference to the Master Agreement.

Email is an acceptable method for all Notification: All notification specified in this Master Agreement must be in writing, unless otherwise stated. Parties: Normally, Parties with an upper case “P” indicates the national Management and Union collectively 11

Key Definitions

(Articles 2 and 3)  Supervisor: An individual employed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees; to adjust their grievances; or to effectively recommend such action. The exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment. For units that include firefighters or nurses, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such authority (5 U.S.C. 7103(a)(10)).

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Employee Rights

(Article 4.1)  The Parties agree to mutually establish and maintain a safe, positive, and professional work environment that – promotes good workmanship, – values employees for who they are and what they contribute, – ensures consistent treatment of employees, and – maintains high standards of employee performance. 13

Employee Rights under Statute

(Article 4.2)  Statutory Rights - – Right to join a union, or not – Engage in collective bargaining –Right to have non-union representative for any appeal not under the negotiated grievance procedure 14

Rights during Investigations

(Article 4.3)    Weingarten Right - be represented by the Union during an investigation if: An employee has the right to – he or she reasonably believes that the examination may result in disciplinary action against him or her and – he or she requests representation.

The Agency must annually inform employees of their Weingarten Right, and include a negotiated information sheet about investigations.

During an investigation, the employee may ask whether or not they are being directed to answer and will be provided a written statement of this, upon request.

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Weingarten Rights

(more info)  Management Options in Weingarten – Simply end the meeting and not call in a union representative – Offer the employee the alternative of continuing the meeting without a union representative or foregoing the meeting – Stop the meeting until the union representative arrives 16

Weingarten Rights

(more info)  Union rights in Weingarten situations – Union designates representative – Union rep can take an active role (can clarify questions or answers) but cannot disrupt or answer for the employee – Cannot unreasonably delay the investigation to get choice of rep 17

Employee Rights

(Article 4)  Employees have the right to: – Meet and consult with Union officials concerning working conditions – Be represented by Union at meetings when the employee has a complaint about working conditions – Be treated with dignity and respect – Engage in outside activities/employment, with some limitations and/or approvals – Request reassignment – Privacy when being counseled or disciplined 18

Employee right to duty time

(Article 4.6)  Right to a reasonable amount of duty time in pursuit of rights under the MA. – Employee must request release, including length of time needed and the location where they will be. Normally, workload will not preclude the release of the employee. – If the employee cannot be released immediately they will be released as soon as the work requirement is met or other arrangements are made. If employee can’t be released that day, the denial will be given in writing, along with the reason, and timelines will be extended equal to the delay.

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Employee right to duty time

(Article 4.6, annotations)     Employees may designate Union to act on their behalf with respect to requesting release.

If the employee and supervisor cannot agree on amount of time, generally: – 4 hours for preparing a Step 1 grievance – 8 hours for the preparing a Step 2 grievance.

Employees use TC = 01, not TC = 37.

Note: Release requests do not apply if employees are meeting with the Union on their own time (e.g. break or lunch).

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Electronic Communications

(Article 4.15)  All employees will have access to electronic communication system, when practical – Employees will be provided duty time to access electronic records – Employees will not be penalized for lack of profile  Management will not access profile unless required for internal security purposes  Management will provide policy regarding tracking hardware/software annually 21

Debt Collections

(Article 4.16)  When the Agency intends to off-set pay to collect a debt, the employee will be afforded due process in accordance with USC and CFR, including: – 30 days notice of intent to offset salary – Right to Union representation – Right to file a waiver – Right to request a hearing on the existence of the debt.

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Union Rights & Representation

(Article 5)  NFFE is exclusive representative for bargaining unit – Only NFFE can represent unit in negotiations – Only NFFE can represent an employee in the negotiated grievance procedure contained in the Master Agreement  – Only NFFE or the Agency can invoke arbitration NFFE must represent interests of all members of bargaining unit, regardless of union membership.

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Union Representation

(Article 5)     Union has right to designate its own representatives.

Union representatives include Local, Council, and NFFE officials.

The Union must notify management of which union officials are the contacts for different issues.

When no Local representatives have been designated, the Regional Vice-President is the primary contact.

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Designation of Representatives

(Article 5.1)    The Union has the right to designate its officials and representatives, including NFFE National representatives.

The designated officials at the national level are the President and Secretary-Treasurer, NFFE-FSC.

The Local President is the designated official for the Local. The Local President may designate additional representatives for particular matters, for line organizations, and for different shifts or duty stations. 25

Formal Discussions

(Article 5.4)   The Local Union President or designee will be given reasonable notice, the opportunity to attend, and participate in formal discussions. A formal discussion is any meeting between one or more representatives of the Forest Service and one or more Bargaining Unit employees concerning any grievance, personnel policy or practice, or other general condition of employment. 26

Formal Discussion

(More info)  Formal Discussion Factors: – Who conducted the meeting – Whether other management officials were present – Location and length of meeting – Meeting is announced and planned – Formal agenda – Attendance is mandatory 27

Agenda topics for “formal” meetings

(More info)  When these topics are planned for discussion, it may be considered to be a formal meeting: – Policies regarding leave or work schedules – Safety – Cubicle moves  – Resolution of a grievance Discussion of work assignments, workload, training to perform work, etc. alone do not constitute a formal meeting.

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Formal or Weingarten

(More info) Weingarten Formal meeting  Investigation where there is reasonable belief by the employee that discipline will result  Meeting between Agency and employees regarding conditions of employment  Agency must notify union  Employee must request representation  Union is largely there as representative of employee  Union is representing bargaining unit 29

 

Union Official Time

(Article 5.5) Union officials will be granted official time to – Review management proposals, prepare to negotiate, and negotiate – Receive, review, prepare and present grievances and other complaints – Prepare reports under 5 USC 7120(c) – Contact elected representatives on legislation (only FSC Exec Board or their designees) – Perform general contract administration and representation – Contact other Union officials Union officials should request release as far in advance as possible, although on-going arrangements can be made.

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Reserved Management Rights

(Article 6)  5 USC § 7106(a) establishes management rights under the Statute. The substance of management’s decision to exercise these rights is non-negotiable.

 Management has the right to determine the mission, budget, organization, number of employees and internal security practices.

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Reserved Management Rights

(Article 6)  In accordance with applicable laws, Management has the right to hire, assign, direct, layoff, retain, suspend, remove, reduce in grade or pay, discipline, assign work, contract out, determine personnel, make selections for hiring, and take whatever actions may be necessary to carry out the mission during emergencies.

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Permissive Rights

(Article 6)  5 USC § 7106(b)(1) establishes permissive subjects of bargaining.

 The Agency may bargain over permissive  subjects, but are not required to bargain.

Permissive Subjects: – numbers, types, and grades of employees or positions; – the technology, methods or means of performing work.

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Scope of Bargaining

(Article 6)   Although the Agency must bargain on many subjects, the substance of decisions in the area of management rights are not negotiable. However, 5 USC § 7106(b)(2) and (3) require an agency to bargain over procedures and appropriate arrangements when it exercises its rights under the management rights clause.

Commonly referred to as bargaining over the “impact and implementation” or “procedures and appropriate arrangements” of a change.

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Example of Impact and Implementation

(more info)   The Agency decides not to fill summer student positions this summer to save money. The current permanent employees will need to do the work.

The Union can negotiate impact and implementation such as: – Training employees to do the work.

– Provisions for assuring that employees are still able to take leave during the summer.

– Overtime scheduling, if OT is needed to complete the work.

– Notification procedures for who is going to be assigned the extra work.

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Union Use of Facilities and Services

(Article 7)      Reasonable office space and equipment Use of electronic communications and internal mail service for Union business Bulletin boards located where each employee info bulletin board is located Upon request, union may get a list of all unit employees May use government vehicles for representational functions 36

Partnership and Collaboration

(Article 8)  The National Parties agree to work collaboratively and encourage subordinate parties to do the same.

 National LM Strategic Plan to provide current guidance and assistance in maintaining and enhancing collaborative relationships at all levels.

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Partnership Councils

(Article 8.2)     Maintain national Forest Service Partnership Council (FSPC) to address issues of service wide scope and significance. Parties at all levels may establish Partnership Councils.

The members of each Partnership Council are the designated representatives of Management and the Union. Decisions and agreements reached by the parties in Partnership are binding on the parties.

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Collaborative Relations

(Article 8.3)  Parties are encouraged to work collaboratively regardless of whether they have a Partnership Council.

 Parties are encouraged to use interest based problem solving to resolve issues.

 Decisions and agreements reached by the Parties in collaboration are binding.

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Pre-Decisional Involvement (PDI)

(Article 8.4)  Pre-decisional involvement (PDI): The parties will notify one another of emerging topics or initiatives that may affect conditions of employment as soon as practical in order to: – facilitate the early identification and resolution of issues and – provide the opportunity for participants to add value to the outcome.

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Pre-Decisional Involvement (PDI)

(more)  Executive Order 13522 requires all agencies to allow employees and their union representatives to have pre-decisional involvement in all workplace matters to the fullest extent practicable.

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Pre-Decisional Involvement (PDI)

(more info)  The FSPC encourages Regional and Local parties to develop a procedure for PDI that works for them. Suggestions include: – Establishing a formal Labor-Management Forum or Partnership Council – Inviting Union officials to attend leadership team meetings – Holding regularly scheduled meetings between union and management decision makers – Establishing a Labor-Management Committee – Including union leadership on appropriate leadership mailing lists (pdls) 42

Changes to Organizations and/or Redistribution of Duties

(Article 8.5)   Formerly in Article 31 Management will inform the Union before a final decision is made on the following matters: – Changes to the org structure which affect BUEs – The redistribution of ongoing duties among existing positions such that substantially effects more than one position in such a way that it requires modification of the position description.

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Grievances

(Article 9)  Purpose of this article is to provide a mutually acceptable method for resolving workplace issues. Try to resolve issues at the lowest level, and encourage using technologies that reduce the need for travel.

 Grievance Prevention. Encourage early discussion about issues, but be aware of timelines.

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Grievance Definition

(Article 9.3)  Grievance means any complaint by any— – Employee concerning any matter relating to his or her employment.

– Labor organization concerning any matter relating to the employment of any employee.

– Employee, Labor organization, or Agency concerning—  The effect or interpretation, or a claim of breach, of a collective bargaining agreement.

 Any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.

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Grievances

(Article 9.4, 9.5, and 9.6)     Employees may choose not to have union representation when filing a grievance, but meetings to resolve grievances are formal meetings, and the Union must be invited.

During grievance resolution meetings, there is no set number of attendees, but the focus should be on getting the right people in the room to resolve the issue.

Exclusions from the grievance process are listed in Section 9.5. Filing a grievance is an election of forum: Generally, an EEO complaint, MSPB appeal, or unfair labor practice cannot be filed over an issue for which a grievance has already been filed.

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Grievance Procedure Overview

    Most Grievances 1. Step 1 Grievance and Response 2. Step 2 Grievance and Response 3. Arbitration Exception: Adverse Actions skip to Step 2 of the Grievance process. Generally, all transmittals shall be electronic.

Both Step 1 and Step 2 grievances and responses need to be copied to other officials.

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Grievance Procedure Players

Grievant Step 1 Receiving official Step 1 Deciding official Step 2 Receiving official Step 2 Deciding official Representatives of grievant and responding party (generally Union and LMR) 48

Grievance

Procedure

If Event = Adverse Action 30 days

Event

30 days

Step 1

30 days 30 days

Step 2

30 days 28 days

Arbitration

Article 9 49

Step 1 Grievance Procedure

   (Article 9.7) Step 1 Grievance must be submitted within

30

days of the incident or of learning of the incident.

Step 1 Grievance must: – Identify that this is a Step 1 Grievance in the subject line.

– Identify the incident; – Identify the date of the incident; – Provide requested relief; Step 1 Grievance may also provide suggested Alternative Dispute Resolution (ADR) techniques.

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Step 1 Grievance Procedure

(Article 9.7)   Step 1 Grievance must be filed with the appropriate official with a copy to the LR staff.

After Step 1 Grievance is filed – The Step 1 Receiving Official will identify the Step 1 Deciding Official and notify the grievant as soon as possible. – The grievant and the deciding official may use ADR to resolve the issue.

– If no resolution is achieved through ADR, the Deciding Official must render a decision within 30 days of the Step 1 Grievance.

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Step 1 Grievance Procedure

(Article 9.7)  Step 1 Grievance Response – Grievance Response must state the grievant’s right to submit a Step 2 Grievance.

– Management must copy appropriate Council Vice-President on Step 1 Grievance Responses.

– Union must copy appropriate Labor Relations staff member on Step 1 Grievance Responses.

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Step 2 Grievance Procedure

Article 9.8

  Step 2 Grievances must be submitted within Step 1 response was due).

30

days of receiving the Step 1 response (or when the Step 2 grievance must include: – Subject identifying that this is a “Step 2 Grievance.” – A copy of the Step 1 Grievance and supporting documents – A copy of the Step 1 Grievance Decision (if one was received).

– The issue(s) being grieved at this Step.

– Any additional supporting evidence available at the time. – The relief requested . 53

Step 2 Grievance Procedure

Article 9.8

  Step 2 Response must: – Identify the right to arbitration, supporting documents, and appropriate citations, if applicable. The Parties encourage including supporting rationale in the decision letter. – For Local Union and employee grievances, Management will carbon copy the appropriate Council Vice President Prior to arbitration, parties are encouraged to mediate, if mediation has not previously been attempted.

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Where to file a grievance

(Article 9.9) Employee or Local Union Step 1: FILL IN POSITION Employee or Local Union Step 2: FILL IN POSITION (Note: If your organization is not listed in Section 9.9, call your LMR contact to determine where to file an employee or Union grievance.) Management Step 1: Local President Management Step 2: Council Vice-President 55

Authority

(Article 9.10)    The Deciding Official must have full authority to resolve all issues being grieved.

The Step 2 Deciding Official shall not be the same as or subordinate to the Step 1 Deciding Official. For discipline, it is not appropriate for the grievance Deciding Official to be the same individual as the Deciding Official for the disciplinary action. 56

Time Limits

(Article 9.11)      Time limits start with “day 1” on the day after the occurrence or transmittal.

All extensions must be by mutual agreement.

Information requests extend time limits.

-For Union, time extended equal to amount of time to receive information -For Management, time extended 15 days Missed time limit by grieving party cancels the grievance Missed time limit by deciding official in the grievance process shall result in liability for arbitration costs. 57

Settlements

(Article 9.11)    Settlements will be documented and signed by the Grievant, the Union, and the Deciding Official. (Appendix E) Settlements resolve all issues and terminate the grievance.

If there is allegation that the settlement was not followed, either party may, within 30 days: – File a new step 1 grievance over failure to follow the settlement agreement OR – Reinstate the grievance at the next step from where the settlement occurred.

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Arbitration

(Article 10)  Used when grievance cannot be satisfactorily resolved. Arbitration is binding on both parties.

 Parties may agree to Alternative Dispute Resolution prior to going to arbitration.

 Arbitration invoked by an FSC Officer, Union president or management official within 28 days of final grievance decision.

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Arbitration

(Article 10)  Article 10 covers many procedural issues regarding official time, travel, exchange of information, and threshold determinations.

 Cost of arbitration shall be borne by the losing party. If a decision does not clearly favor one party, the arbitration may specify that costs be borne equally by the parties.

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Mid-Term Negotiations

(Article 11.1)   Either Party may propose mid-term changes in conditions of employment not in conflict with or covered by the MA.

Management will not implement changes until after notifying the Union and completing appropriate negotiations unless: – Emergency situation – Date of implementation is required by law – In these situations post-implementation bargaining may take place 61

Changes to Conditions of Employment

(More info)  Conditions of employment" means personnel policies, practices, and matters, affecting working conditions, except that such term does not include policies, practices, and matters- – relating to prohibited political activities – relating to the classification of any position; or – to the extent such matters are specifically provided for by Federal statute (e.g. pay); 62

Changes in Conditions of Employment

(More Info)  What both Parties need to consider when a change is proposed: – Which employees will this decision affect?

– Will the decision alter the working conditions or personnel policies and practices of bargaining unit employees?

– Will the change significantly affect employees’ working conditions?

– Is this a subject already covered under the Master Agreement or by law?

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Common topics requiring negotiations

More info    Policies regarding – Work schedules – Leave scheduling General procedures for – Determining who is given overtime assignments – Calling in for unplanned leave Changes in working conditions – Office space/cubicle changes – Break rooms – Parking 64

Negotiations Procedures

(Article 11.3 and Appendix F Checklists)      The proposing party presents an issue, in writing, to the other party using checklists in Appendix F.

The receiving party has 28 days following receipt of Art 11 notice to respond.

Ground Rules are negotiable as subordinate agreement.

Propose ground rules per the checklist.

Agreements will be documented and will state whether further negotiations may occur at lower levels.

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Article 11.3.d – Points of contact

Local Intermediate National Union

Local President; w/cc to Council VP Council VP w/cc to FSC Negotiations Chair FSC President; w/cc to FSC Negotiations Chair

Management

Per FSM 6100 w/cc to LMR staff Per FSM 6100 w/cc to LMR staff Per FSM 6100; w/cc to LMR staff Unclear who your POC is? Contact the Branch Chief for Labor Relations for info. 66

Prenotification of an Unfair Labor Practice

(Article 12)    Prior to filing an Unfair Labor Practice (ULP) charge, the charging party will serve written notice of the alleged ULP charge on the other party. The charging party may file a ULP charge any time after providing the pre notification. If the charged party requests, the parties will begin discussions as soon as possible but no later than 14 days after the charge is filed, unless more time is mutually agreed to.

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Unfair Labor Practice Charge

(More info)  An unfair labor practice is a violation of the Federal Labor Statute (5 USC 71).

 Practices that are unfair and involve the labor force are not necessarily unfair labor practices.  5 USC § 7116 outlines what constitutes an Unfair Labor Practice for both the agency and the labor organization.

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Unfair Labor Practice Charge

(More info)  Common ULP Charges: – Making a change to working conditions without notification to the union – Holding formal meetings without notification to the union – Refusing to provide information – Excluding the union representative – Taking action based on union activity – Refusing to bargain in good faith 69

Employee Orientation

(Article 13)    Management will inform all new employees that the Union is the exclusive representative of employees in the Bargaining Unit. Will provide packet to employees, if Union has provided one.

Where practical, supervisors will arrange for new employees to meet a local union official.

Union will be invited and given time to speak at group orientation sessions for new employees.

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Position Descriptions and Classification

(Article 14)  Each employee shall have a PD that is accurate with respect to title, series, and grade, and clearly states the major duties.

 PD’s should be reviewed annually by the employee and supervisor, normally during performance evaluation.

 Management will revise PD when an employee is assigned additional major recurring duties which are likely to last 12 months or more.

 When new PD is approved and classified, employee and supervisor will discuss PD and related performance expectations. 71

PD Review/Classification Procedure

(Article 14.3)  Employee Request: Within 45 days of an employee’s request to the supervisor: – Employee shall make summary of inaccuracies and the employee and supervisor shall discuss whether to submit a new PD. – If the supervisor agrees that the PD is inaccurate, a new PD will be prepared, considering the employee’s comments. – A PD review package will be submitted for classification, and a copy will be given to the employee. (See HRM website for packet requirements) 72

PD Review/Classification Procedure

    (Article 14.3) For Management-initiated PD review, the supervisor will discuss proposed changes to the PD and will consider feedback from the employee prior to submitting the PD for classification.

Classification determination will be communicated within 45 days of submission of review package to HRM.

Employee may have Union rep during discussion about the PD review.

Accuracy of the PD may be grieved under Article 9.

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Classification Outcomes

(Article 14.4 and 14.5)  When PD is accurate, but employee believes it is not correctly classified (title, series, grade), the employee may: – Request a FS classification review.

 – Appeal directly to the U.S. Department of Agriculture (USDA) or the U.S. Office of Personnel Management (OPM).

If PD is classified at a higher grade, management must take action to promote employee or eliminate/redistribute the grade controlling duties.

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Performance Management

(Article 15 and FSH 6109.13, 10)      Generally use standard Performance Elements and Standards.

Employee and supervisor jointly develop measures for each element. Measures should be specific, measurable, and attainable.

Employees should know what it takes to meet and what it takes to exceed each element.

Employees and supervisors should keep records through the year regarding performance milestones and barriers.

Employees should provide input to their supervisor about their performance prior to rating determination.

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Promotions and Details

(Article 16)        Requirement that all vacancies for permanent positions shall be advertised internally prior to filling from any appropriate source (some exceptions).

Standard info required in Merit Promotion vacancy announcements Requirements for length of advertisements Career ladder promotions Temporary promotion Non-competitive promotion, accretion of duties Details 76



Filling Vacancies

(Article 16.2) Filling Vacancies – Follow the FSH 6109.12 for Merit Promotion, EXCEPT as provided for in this Article.

– All permanent positions to be filled in the BU shall be advertised internally prior to filling from any other appropriate source (some exceptions in Article).

– All vacancies must be posted on website for 21 days prior to a referral list being pulled. https://hrm.gdcii.com/outreach/Default.aspx

– Applicants must be notified whether they are qualified and/or referred to the hiring supervisor. Applicant may request review within 3 days.

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   

Career Ladder Promotions

(Article 16.3) Employees will be promoted to full performance level as soon as they have met the time in grade requirements AND have successfully met the requirements of the current and next higher grade.

If performance or other factor does not warrant a promotion, the supervisor will provide notice to employee 60 days prior.

For performance issues, the employee will be given 60 days to improve.

If notice is not given, and performance is acceptable at the end of the 60 day period, the promotion will be retroactive to the date the employee met time-in-grade.

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Temporary Promotion

(Article 16.5)    A Temporary Promotion is a temporary assignment to higher graded position or duties for more than 30 days. Temp promotions of over 120 days will be filled through competitive procedures. An employee will not be deterred or prohibited from competing for or accepting a temporary promotion. An employee cannot be noncompetitively promoted for more than 120 days in a 12 month period.

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Accretion of Duties

(Article 16.6)   An accretion occurs when employee has been performing grade-controlling duties classified at a higher grade level for an extended period of time. Specific criteria are in MA.

If after a PD review, Management takes duties away and the duties are later reassigned to the employee, the employee may move directly to either the grievance procedures or classification appeal process, rather than start the Article 14 review process again.

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Details

(Article 16.7)       Employees remain the incumbent of their original position.

Open outreach for details encouraged. SF-52 required for details of 30 days or more. Generally rotate assignments when 2 or more people are interested and detail is more than 120 days.

Employees may be detailed at any time or location to meet emergencies.

Specific provisions for involuntary details, see (16.7(d)) 81

Awards Program

(Article 17)      Employee awards are beneficial to both Management and employee Individual amounts within Group Award should be based on actual contribution or participatory value, not solely on grade Awards should be given as soon as possible after the achievement Distribution of awards must be fair and equitable Management will schedule appropriate award presentation taking into account employee’s preferences 82

Award Types

  (Article 17.3) Award types include Performance, Monetary, Non-Monetary, Peer, and Length of Service Performance Awards include Lump Sum Bonus and QSI – Outstanding rating will generally result in a performance bonus  – Superior Rating is eligible for a performance bonus Monetary Awards include Extra Effort Awards, Spot, Gain-sharing, and Suggestion.

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Award Types

(Article 17.3)  Non-Monetary Awards – Recognition for short-term assignment or project, act of heroism, achievement, major discovery, or significant cost saving  – Includes time-off awards, keepsakes, letters of appreciation, and honorary awards Peer Awards – Program wherein employees are authorized to recognize coworkers – Either monetary or nonmonetary 84

Award Types

(Article 17.3) Length of Service Awards    Employees will be recognized in 5-year increments Award includes a pin, certificate, and a nonmonetary keepsake Recommended values of nonmonetary awards are based on length of service 85

Award Program

(Article 17 Annotation) Guidance for length of service award values

Years of Service 5 10 15 20 25 30 35 40 45 50 Recommended Award Value $25.00

$ 50.00

$ 75.00

$100.00

$125.00

$150.00

$175.00

$200.00

$225.00

$250.00

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  

Work Schedules

(Article 18) Standard Work Schedule (18.2) Alternative Work Schedules (AWS) – Flexible Schedules (18.3 and 18.4)  Employees may vary length of day and or week  Employees may earn credit hours  Employees must request a flexible schedule. They cannot be involuntarily assigned a flexible schedule.

– Compressed (18.5)  Fixed schedule  Employees work less than 10 days in a pay period  Employees may not earn credit hours  Employees may request or be assigned to a compressed schedule.

On Call Provisions (18.11) 87

Standard Schedules

(Article 18.2)       Standard schedules are fixed schedules Employee arrives and departs work at the same time each day. 8 hours per day; 5 days per week.

Regularly schedule administrative workweek (RSAW) is the officially prescribed days and hours the employee is regularly scheduled to work, including regularly scheduled overtime.

RSAW includes the base 8 hrs/day and any regularly scheduled overtime Tour of duty is the hours and days of an employee’s RSAW Under a standard schedule, RSAW and tour of duty are synonymous 88

Flexible Work Schedules

(Article 18.3)     Variable Day –Employee may flex, but must cover core hours on 5 days/week and work 40 hours/week.

Variable Week – Employee may flex throughout pay period, but must cover core hours on 5 days/week.

Gliding – Employee works 8 hours per day, but may vary their arrival and departure times.

Maxiflex – Employee may flex throughout pay period and must cover core hours on less than 10 days/PP.

89

Flexible Work Schedules

(Article 18.3)  Basic work requirement: Number of base hours an employee is required to work or account for with leave or otherwise (for full time, this is 80).

 Basic work requirement replaces RSAW under flexible schedule.

 There is no RSAW under a flexible work schedule.

90

Flexible Work Schedules

(Article 18.3)  Tour of Duty means the limits within which the employee must complete their basic work requirement.

– Maxiflex: 5 am to 10 pm, Sunday through Saturday – Variable Day, Variable Week, and Gliding: 5 am to 10 pm on 5 consecutive days of each week.

91

Flexible Work Schedules

(Article 18.3)  Core hours leave) : Clock hours when an employee is required to be at work or otherwise account for their time (e.g. present at work, approved – Maxiflex: 10 am to 2 pm, 3 middle days of the employee’s tour of duty – Variable day/week: 10 am to 2 pm on each day of the employee’s tour of duty 92

Maxiflex Summary

(More info) • • • Employee must be on duty between 3 and 3 ½ hours on three days a week (depending on lunch break) – that’s 18 to 21 core hours per pay period Employee may elect to work anytime within the tour of duty limits to complete their 80-hour basic work requirement – these are flex hours May flex core hours with supervisor’s approval 93

Sample Maxiflex Clock Hours

(more info) Note: Only includes one week of pay period

Sat Week

From To From To From To From To

Sun Mon

8:00

Tues

7:30

Weds Thurs Fri

8:30 6:30 12:00 11:30 12:30 12:30 12:30 13:00 17:00 15:30 17:00 18:30 21:00 11:30 12:00 17:30 Hours 0.00

8.50

7.00 10.50

10.50

0.00

0.00 36.50

94

Premium Pay Issues for FWS

(Article 18.4) • • • Overtime: in advance.

Employees are not entitled to overtime if they work more than 8 hours in a day UNLESS the work is officially ordered Night Pay: Employees are only entitled if their schedule requires them to work evenings, not if they elect to do so.

Sunday: Management may prevent an employee on a FWS from working base hours on Sunday to prevent cost of Sunday premium pay; however, such an employee may elect to earn credit hours on a Sunday 95

Credit Hours

(Article 18.3.e)      Credit hours are hours that an employee elects to work in excess of their basic work requirement.

Those hours an employee is directed by management to work in excess of 8 hours per day or 40 hours per week are overtime hours.

To earn credit hours, an employee must inform supervisor in advance, including the work they plan to perform and approximate time.

Supervisor may deny earning credit hours if there’s no assigned work to do during that time.

Supervisor/employee may agree on ongoing arrangements regarding earning credit hours.

96

Compressed Work Schedules

(Article 18.5)      Fixed schedule; Credit Hours cannot be earned.

Tour of duty is the hours and days an employee is required to work. Hours will fall between 6 am and 6 pm. Approved schedules – 4-10 – 5-4/9 Hardship provisions if being on a compressed schedule creates a hardship for an employee.

97

Administration

(Article 18.7)  Employee’s tour of duty will be recorded in the Paycheck Header under “Established Hours.” – Standard Schedule: The hours and days the employee works.

– Variable Day, Variable Week, Gliding: 5am -10pm on the 5 days each week they are scheduled to work.

– Maxiflex: 5am-10pm, Sun.-Sat.

– Compressed: The hours and days the employee works.

98

Administration

(Article 18.7)     New hires come in on standard schedule, may request FWS or CWS.

Employee may only be assigned to a FWS upon request. Requests for AWS may be approved or disapproved, not modified. If disapproved, employee may request a different AWS.

An employee can be assigned to a CWS, without requesting.

99

Administration

(Article 18.7)  What if special work requirements require an employee on FWS to be on duty outside of core hours?

– 18.7.h: Management may make short term changes in arrival/departure times to meet work objectives.

 If regular and recurring changes, the parties should explore a different schedule.

100

Discontinuation of an AWS

(Article 18.7.g)     Management may discontinue the AWS for an employee when they identify an adverse impact to the Agency. 10 days advance notice to employee and union is required.

Management will remove an employee from a FWS within 10 days of an employee request Employee returns to the default standard work schedule (8 hours/day fixed).

Note: Generally, this means management cannot move an employee from one type of AWS to another, but an employee can request to be assigned to a different AWS.

101

Local Authority to Negotiate

(more info)  Local parties may negotiate to change: – Core hours and days (18.3.d.(4)) – Tour of duty limits (18.3.c.(4))  Local parties may not negotiate to: – Establish a new kind of AWS – Change an established AWS beyond its definition in (18.3.b.(1) and 18.5.b) – Terminate one of the approved AWS’s for a unit.

102

Local Negotiations

(more info)  Local negotiations are appropriate to meet work needs for a given unit  Local parties can change tour of duty, core day/hour defaults  BUT Local negotiations cannot change schedule beyond limits of definition  Local parties are encouraged to seek guidance from national parties 103

Rest and Meal Breaks

(Article 18.8 and 18.9)   Rest Breaks: Employees may have 15 minute breaks approximately halfway through each 4 hour period, scheduled so as not to interrupt the work of the organization.

Meal Breaks: – Minimum requirement of 30 minute for an unpaid meal break on work days of more than 6 hours.

– Employees who are required to work through their meal period shall be compensated – Supervisors may approve deviations to meal break on a case-by-case basis 104

On-Call

(Article 18.11)  Coverage for call back to duty from non-duty.  Employees who are on-call may make provisions for others to cover their on-call period. Management will provide list of individuals who may cover.

 If employee is ill or has emergency, management will find on-call replacement.

105

On Call

(Article 18.11)  Employee will not be required to report to work in less than 1 hour. Longer call-back time may be negotiated.

 Supervisor will notify employees of their on-call periods at least 10 days in advance, except in emergencies.

 Normally, employees will have 2 days per PP when they are not on call.

 Employee shall not be on-call during scheduled leave.

106

Pay and Per Diem

(Article 19)  This Article covers many issues related to pay, travel, and related documentation: – Timesheets and Statements of Earning and Leave – Per diem, travel cards and advances, vouchers – Remote Worksites – Hazard Pay – Overtime and Compensatory Time – Standby 107

Timesheet and Pay

(Article 19.2)    Employees required to submit accurate and timely timesheet.

– Management will provide notice to employee and supervisor if timesheet is missing.

– If employee provides T&A access to management and employee is unable to submit their T&A, management will submit a “base 80” as soon as possible, if needed.

Provisions for receiving hardcopy SEL under certain situations.

Employees may use duty time to access SEL.

108

Per Diem

(Article 19.3)    Long Term Details – Terms of detail, including lodging arrangements, reductions in maximum per diem rate, travel home during detail, etc. must be documented in writing prior to detail.

All travelers must have/use travel card except certain exceptions (which includes employees who travel less than 5 times/year).

Arrangements for travel advances.

109

Standby and Pay Status

(Article 19.7 and 19.8)   An employee is on standby when he/she: – Is restricted to his or her living quarters or designated post of duty, – Has his or her activities substantially limited, and – Is required to remain in a state of readiness to perform work.

Employees will not be required to provide coverage for call back to duty under conditions more restrictive than those provided for in Article 18.11 unless they are in pay status.

110

Annual Leave

(Article 20.1)     Annual leave should be requested as far in advance as possible and shall be approved except for job-related reasons.

Requests for leave for religious reasons will be granted, unless the requesting employee’s presence is necessary for efficient operation of the workplace. Annual leave or LWOP will be granted in case of death of family member.

There is no prescribed method required for requesting and scheduling annual leave, and procedures are negotiable.

111

Annual Leave

(Article 20.1)    New Subsection 1.d

: Up to three months of LWOP and/or AL will be granted to employees to care for a family member, as defined in sick leave regs at 5 CFR 630.201, with a serious health condition, as defined at 5 CFR 630.1202.

Under FMLA, family members are limited to spouse, parent, or child. This provision expands leave entitlements (A/L and LWOP) to employees to take care of other family members.

112

Family Member Definition

(5 CFR 630.201)        Spouse, and parents, thereof; Sons and daughters, and spouses, thereof; Parents, and spouses, thereof; Brothers and sisters, and spouses thereof; Grandparents and grandchildren, and spouses thereof; Domestic partner and parents thereof, including domestic partners of any individual in paragraphs (2) through (5) of this definition; and Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

( Family members in yellow are covered by FMLA, and annotations clarify there is no double-dipping) 113

Sick Leave

(Article 20.2)     Sick leave may be used for illness and medical appointments of employee, to care for family member, for adoption.

An explanatory note and/or oral report by the employee when a physician’s services were not required will be accepted unless the employee is under valid sick leave restriction or there is suspicion of abuse.

If there is reasonable indication of sick leave abuse, supervisor will inform the employee in writing, including special provisions for future leave approval and the right to grieve the restriction.

Abuse of sick leave is not necessarily related to the frequency of sick leave.

114

Other leave situations covered

(Article 20)  Maternity/Paternity Leave  Family and Medical Leave Act (FMLA) Leave  Military Leave  Excused Absence (Administrative Leave)  Care-Center Visitations  Leave Without Pay  Court Leave  Holiday Leave 115

Maternity & Paternity Leave

(Article 20.3)    Complex set of situations and entitlements Pregnancy & childbirth are “serious health conditions, per 5 CFR 630.1202.” – Pregnant or postpartum employee is entitled to sick leave per 20.2.b and FMLA leave per 20.4.b.(4).

– Employee caring for his or her spouse is entitled to sick leave per 20.2.(e) and FMLA leave per 20.4.b.(3).

– Employee caring for his or her domestic partner is entitled to sick leave per 20.2.(e) and AL and/or LWOP per 20.1.d.

Sick leave, annual leave, and/or LWOP may be used for adoption or foster care.

116

Unacceptable Performance

(Article 21)   Unacceptable performance should be addressed in writing as soon as supervisor is aware of the problem. Prior to initiating an action to remove or downgrade an employee, the employee must be put in a “performance improvement period” (PIP) for at least 60 days.

117

Unacceptable Performance

(Article 21)      Final decision notice must include right to appeal the action at the MSPB or through the negotiated grievance procedure.

During PIP, performance will be reevaluated regularly.

If performance has not reached the minimally successful level at end of PIP, Management may reassign, demote, or remove the employee.

For demotion or removal, employee must be given 30 days advance written notice of proposed action.

Employee will be given chance to respond before final decision is made.

118

Dealing With Unacceptable Performance

(Article 21.1)  Rating official is responsible for identifying and communicating performance deficiencies when they are identified anytime during the rating period.

 Rating officials shall consider appropriate action to correct the employee’s conduct, in accordance with Article 22, if misconduct is contributing to the performance issue.

119

Opportunity Periods

(Article 21.2)    Time for an employee to improve performance and work on portions of job that are unacceptable.

Normally, at least 60 days, but may be longer depending on the nature of work and the deficiencies. Normally within 14 days of the end of the Opportunity Period employee will be notified in writing whether their performance has improved to fully successful level.

120

Performance Improvement Plans

(Article 21.3)  If deficient performance is in a critical performance element, a PIP will be required, including: – Length of opportunity period – Elements and deficiencies – Actions required to improve – Management assistance – Consequences of failure – Referral to EAP 121

Performance Improvement Plans

(Article 21.3(b))  Rating official will meet with the employee regularly to reevaluate performance and to council employee on how to improve  Employee may have Union representation during PIP meetings upon request. However, the Union representative should not be disruptive during the meeting. (See annotations) 122

Adverse Action

(Article 21.4)  If employee’s performance is still unacceptable after the end of the opportunity period, management may take action to demote or remove the employee.

 Procedures are identified in Article 21.

123

  

Discipline and Adverse Actions

(Article 22) Objective of disciplinary measures are to correct behavior and prevent the recurrence of misconduct. Encourage early resolution of conduct and performance problems.

Cautionary Situations: Letters of warning (any letter that addresses a performance or conduct problem with the exception of letters of reprimand) will state the specific reasons for the letter and the employee’s grievance rights. They remain in effect no longer than one year. Original is given to the employee. Cautionary letters do not go in the OPF.

124

   

Discipline and Adverse Actions

(Article 22) Use of alternative discipline, in accordance with USDA policy (not appropriate when decision is to remove employee).

An inquiry is the initial phase of an investigation. The employee may be represented by the Union per Article 4.3.

Investigations, if warranted, will be in accordance with the standards set forth in USDA Department Manual Chapter 751, Subchapter 3, which require that they be performed by authorized investigators.

Disciplinary actions against employees must be based on just cause, consistent with applicable laws and regulations, and fair and equitable.

125

Disciplinary Procedures

(Article 22)  Before deciding on a particular penalty, agency officials should consider all the pertinent factors as described in USDA Department Personnel Manual 751, Appendix A.  MA provides specific procedures for – letters of reprimand, – actions less than or equal to a 14-day suspension, – actions greater than 14-day suspension, demotion (Adverse action) 126

Permanent Seasonal Employment

(Article 23)     Permanent Seasonal Agreement must be signed prior to initial appointment. Copy given to employee and kept in OPF. (Template in Appendix G) Management will notify employees of recall and release dates 2 pay periods in advance.

Release and recall procedures will be established in advance and uniformly applied. Procedures are negotiable Locally.

Management will determine the length of the season, subject to the condition that it be clearly tied to the nature of the work.

127

Permanent Seasonal Employment

    (Article 23) Changes to terms of employment must be given to employee and union. Permanent changes require a new agreement.

Employee is not obligated to work beyond the minimum guaranteed tour; by mutual agreement, the season may be extended.

Upon request, guaranteed minimum will be reviewed to see if it should be increased.

RIF or other negotiated procedure must be used to permanently reduce an employee’s minimum tour.

128

Temporary/Term Employment

(Article 24)  Temporary employees whose appointment was competitive will be eligible for rehire without further competition. Eligibility lasts for 3 years.

 Prior to separation, temps will be given the best available information prior regarding opportunities for rehire with that unit the following season. 129

Temporary/Term Employment

(Article 24)     Temporaries hired for 90 days or more shall be given a performance appraisal.

Within 30 days of hire, the employee will receive written notice of their approximate length of employment. Whenever possible, temp employees will be given a minimum of 2 week’s notice prior to termination at end of season.

Sec. 15 and 16 provide procedures for discipline or performance issues, including requesting reconsideration.

130

Equal Employment Opportunity

(Article 25)      Parties will cooperate in providing equal opportunity for all employees in FS and Union programs.

At least one Union rep on Civil Rights committees Pre-decisional involvement where there is no Civil Rights committee Post EEO Counselor contact at all duty stations and on the internet.

Employees may be recognized for accomplishments in the EEO area.

131

Equal Employment Opportunity

(Article 25)  Union will be notified of ADR sessions. Union may attend as a formal discussion, wherein they are representing the bargaining unit.

 Union may also attend ADR sessions as a representative of an employee.

 When EEO resolutions impact the bargaining unit, management must notify the union and negotiate as appropriate.

132

Employee Assistance Program

(Article 26)  Forest Service will maintain an Employee Assistance Program  Employee participation is voluntary  Management shall publicize the EAP  Alcoholism, drug dependencies, and mental illness are recognized as illness and should be given the same consideration as employees with other illnesses 133

Employee Assistance Program

(Article 26)     Management will attempt to assist employees to overcome problems that contribute to poor performance or conduct.

Supervisors will discuss job performance difficulties with employees. Supervisor may refer employee to EAP, if the employee seems unable to correct own job performance difficulties.

Focus of corrective discussion is restricted to job related performance and conduct.

Disciplinary action may be held in abeyance if employee enters rehab program, is making progress, and allows counselor to report attendance to the management.

134

Employee Assistance Program

(Article 26)  Sick leave may be used for counseling sessions, after initial evaluation/ discussions with EAP counselor.

 Supervisors shall consider the guidance of the referral sources in establishing reasonable expectations for an employee’s recovery time  Medical history records are confidential 135

Safety and Health

(Article 27)    Parties will jointly develop a workplace security plan addressing emergency plans, security of buildings, workplace violence, and continuation of operations.

Union will be notified of annual inspections at least 14 days in advance and be given opportunity to accompany inspector.

Parties may negotiate Safety and Health programs, including health services, preventive medicine, smoking policies, and wellness programs. If Local parties are unable to agree on Wellness program, default is 3 hours of admin leave per week if workload permits.

136

Safety and Health

(Article 27)     Parties may establish, through negotiations, Safety and Health committees.

Management will provide safe and sanitary working conditions and equipment Management will provide necessary safety equipment or supplies as defined in Job Hazard Analysis (JHA) or FSH 6109.11,70, 72-Exhibit-01. Types are Locally negotiable.

Equipment will be replaced when no longer acceptable for intended purpose.

137

Safety and Health

(Article 27)    JHA will be reviewed at least annually.

Management will, to the extent feasible, eliminate safety and health hazards. The parties will jointly develop an abatement schedule if hazards cannot readily be abated.

If an employee feels conditions are so severe that short-term exposure is detrimental to health, (s)he will report it to supervisor. Supervisor shall inspect the work area to ensure it is safe and take appropriate actions.

138

•

Safety and Health

(Article 27) Other provisions – – Employee hazmat training Right to Know – – – – On the job injury or illness Video display terminals Bloodborne pathogens Safety training – – – – Law enforcement Serious accident and illness notifications Union safety and health representative Work Unit Safety Meetings 139

Fire and Other Incidents

(Article 28)      Zero tolerance for carelessness and unsafe actions Parties agree to support the firefighting doctrine.

Union right to represent bargaining unit employees at all incident camps. Grievance timeline for complaints begins the day after the employee returns to his/her official duty station.

Management will not restrict employees to facilities while in a nonpay status. 140

Incident Work Schedules

(Article 28.4)    A first 8-, 9-, or 10-hour tour, shall be used on the second day of an incident if necessary to deviate from an employee’s established tour.

Initial attack hours worked after midnight until the individual’s regularly scheduled tour of duty begins will be considered overtime.

When a crew is spiked out on an assignment without a sleeping bag or food, they will be compensated for their nonwork breaks. 141 

Hazard Pay

(Article 28.5 through 28.7)  Hazard Pay may be paid for: – Prescribed burn goes out of control – Members of a firefighting crew, including:  Employees assigned to the fireline for the shift  Technical or resource specialists who are advising on the line location, rehabilitation, or other resource work, if they are assigned to the fireline as their primarily work area for the shift – Helicopter flying at low elevations 142

Work Capacity Test

(Article 28.8)       Administered in accordance with Wildland Fire Qualification Implementation Guide.

Normally 4 weeks notice prior to test.

In case of failure, 48 hours rest prior to retest.

In case of injury, up to 4 weeks prep after recovery from injury prior to retest.

Health Screening Questionnaires and SF-78s will be kept in employee medical folder.

Cost of medical exams required by Agency shall be paid for by Agency.

143

Miscellaneous Incident Provisions

(Article 28.10 through 28.12)     Agency employees will be provided with appropriate risk mitigation needed for the all-hazard environment.

Employees in all-hazard response will be managed by Agency leader/liaison or interagency incident management team.

Fire managers should use family-friendly policies to assure safety and flexibility for employees with family responsibilities.

Agency will reimburse one-half the cost for personal liability insurance for temporary fireline managers.

144

Employee Training

(Article 30)    Management has responsibility to implement Individual Development Plan for each employee, which identifies present and future organizational training needs.

Employee and supervisor should work together to identify long-range career goals.

Management will consider reimbursing expenses for work-related courses the employee takes on their own time.

145

Labor-Management Training

(Article 31)  Describes appropriate types of training.

 Union will provide list of training courses, dates, and locations each year in January.

 Each Local must provide management with an annual training plan.

 Union official must request release 30 days prior to the training.

 Union at each unit has bank of hours to use for training.

 Travel expenses are authorized.

146

Workforce Restructuring

(Article 32)    Workforce Restructuring and Placement System (WRAPS) is a process for placing employees who have been displaced due to the abolishment of a position in their same competitive area and competitive level.

National database developed for matching displaced employee with vacancies agency-wide Local pre-WRAPS activities must conform to national guidance (see Annotations).

147

Downsizing, Transfer, Layoff

(Articles 33, 34, 35)   These processes primarily follow OPM regulations.

Procedures and appropriate arrangements are negotiable.

   Article 33 – Furloughs for lack of work, lack of funds Article 34 – Transfer of function Article 35 – Reduction in force 148

Unemployment Compensation

(Article 36)      Employees will not be called back to avoid unemployment costs Annually, temp and seasonal employees will be given information about state unemployment compensation For permanent seasonal employees who accept government work outside of the commuting area, travel and per diem will be paid in accordance with Travel Regs.

FS will not appeal unemployment benefits if an employee refuses work outside of the commuting area Management will provide affected employees with appropriate forms and information 149

Volunteers and Contracting Work Out

(Articles 37 and 38)     Volunteers and enrollees will not displace employees and will not supervise employees.

Impacts of use of volunteers may be negotiable.

Management will notify and provide Union an opportunity for pre-decisional involvement related to contracting work out and negotiate as appropriate.

Management agrees to provide union with all releasable information.

150

Voluntary Allotment of Union Dues

(Article 39)  MUST read Appendix B.

 Permanent seasonal employees who are union members shall have dues reinstated when they return to duty.

 Temporary employees must submit a new SF-1187 form upon rehire.

 Employees temporarily removed from BU shall have dues reinstated upon return.

151

Voluntary Allotment of Union Dues

(Article 39)  If dues are incorrectly discontinued, employee or Union may open case with HRM.

 Employees who change units are responsible for completing form (AD 356) for transferring Local membership.

 Appendix B: Members may discontinue dues after 1 year of membership, and if their SF-1188 form has been received prior to August 1 each year thereafter.

152

Pilot/Demonstration Projects

(Article 40)  Management will notify Union per Article 11 when implementing pilot or demonstration projects which waive or change existing law, rule, regulation, or policy affecting working conditions.

153

Civilian Conservation Corps

(Article 41)  Reminder that CCC employees are government employees governed by the MA and OPM regulations.

 Change to DOL’s Policy and Requirements Handbook must be negotiated before implementation.

 Union will receive copy of USDA-DOL Interagency Agreement.

 Section addressing special safety concerns.

154

Personal Hardship

(Article 42)  Hardships are situations outside of the employee’s reasonable ability to control that affect the health and welfare of the employee or his/her family.  Reasonable accommodation of employees with disabilities are NOT processed under this Article.

 Employee may request hardship consideration in writing, including the nature of the hardship and the accommodation requested.

 Management will notify the employee no later than 28 days whether they believe a hardship exists and what can be done to accommodate the hardship.

155

Drug & Alcohol Testing Programs

(Article 43)   Replaces all former MOUs on this subject.

Two programs provide for drug testing: – Department of Transportation (DOT) Regulations for employees with CDLs  Random Testing  Reasonable Suspicion  Post Accident – Executive Order (EO) 12564  Random Testing of employees in Test Designated Positions  Testing of all employees post-accident and for reasonable suspicion of drug use.

156

Test Designated Positions (TDPs)

     (Article 43.1 and 43.2) TDPs are subject to random drug testing All TDPs MUST have duties in PD that make the position subject to testing.

– EO positions may be test designated through Appendix A of DR 4430-792-2 – DOT testing applies to positions that require a commercial drivers license.

30 day notice prior to random testing if position is changed to a TDP.

Annual review of TDP status. Employees may grieve TDP status.

TDP status in vacancy announcements.

157

Training and Self Identification

(Article 43)   Training for all employees on Drug Free Workplace Program. Additional training for employees in TDPs and supervisors.

Self identification – Employees who are impaired from performing safety sensitive duties may self-identify prior to performing such duties. – Example: Employee took a codeine cough medicine expecting to be working in the office all day and not performing safety sensitive duties. Supervisor then asks her to drive to a district office for official business. Employee may self-disclose their impairment.

158

Safe Harbor

(Article 43.4(b))    EO 12564 mandates disciplinary action shall be initiated for illegal drug use by any employee except when an employee self identifies and seeks “safe harbor.” Employees must seek “safe harbor” prior to being directed to submit to a drug test. (Simply put: Once you are told to pee in a cup, your chances for safe harbor are over.) After requesting safe harbor, employees must obtain counseling and refrain from further drug use.

159

Reasonable Suspicion Testing

(Article 43.5 )     Under EO, ALL for on-duty illegal drug use/ impairment.

employees are subject EO based TDPs are subject to testing for illegal drug use on OR off duty.

DOT based TDPs are subject to testing for any impairment before, during, after performing safety sensitive duties.

Before testing, the employee is informed of the reasons and provided copies of documentation and approval to test. 160

Post Accident and Random

(Article 43.7 and 43.7)   Post-Accident testing – Applies to all employees if they meet EO criteria.

– DOT criteria apply to drivers operating commercial motor vehicle.

Random testing – Employee in TDP that is subject to both EO & DOT will be tested only under DOT – Scheduling through supervisor.

– Deferred if on leave, travel, etc. but employee becomes subject to unannounced test within 60 days. 161

Testing Provisions

(Article 43.8 through 43.11)      Testing on official time/travel Test by urinalysis only, in private (except in certain instances).

Split samples for all tests. Employee may also request a 2 nd sample.

Employee provided negotiated “Checklist” prior to test.

Employees need not disclose legitimate drug use until called by medical review officer following a positive test.

162

Response to Positive Test

(Article 43.12)     Review any positive test, consider employee’s explanation, and accuracy of the lab procedures prior to taking any action Employee will be referred to Employee Assistance Program Initiate action for removal any employee who is found to use illegal drugs and: – Refuses to obtain counseling or rehabilitation through EAP or – Does not thereafter refrain from illegal drug use. Note: USDA also requires removal action to be initiated for a refusal to test.

163

Alternative Dispute Resolution

(Article 44)       Alternative Dispute Resolution (ADR) includes informal consultation, group intervention, mediation, facilitation, etc.

Parties may use any method they agree to.

When ADR is used, the neutral party will report what technique was used and whether successful or not.

Mediators must meet USDA requirements.

Appendix E template is mandatory for ADR settlement of grievances.

Use of ADR does not extend timelines.

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Duration and Extent

(Article 45)  Duration of 3 years, starting October 25, 2010.

 MA will be extended until the effective date of a new Agreement.

 During term, MA may only be opened by mutual agreement or when necessitated by statutory changes.

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More Information

 Labor Relations web site: http://fsweb.asc.fs.fed.us/HRM/labor _relations/labor.php

 Forest Service Council Website: http://www.nffe-fsc.org

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Union Contacts -- Local

 INSERT APPROPRIATE INFORMATION 167

Management Contacts

     Branch Chief, ELR Policy – Karen Stanton (505) 563-9781, [email protected]

LR/ER Specialist – Insert Name(s) Supervisory ER/LR Specialist – Insert Name Human Resources Officer – Insert Name Labor Relations Website: http://fsweb.asc.fs.fed.us/HRM/labor_rela tions/contact_us.php

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