Transcript Specific Representation Topics

Specific
Representation
Topics
NFFE Forest Service Council
Position Descriptions
 Performance Management
 Unacceptable Performance
 Discipline and Adverse Actions
 Reasonable Accommodation
 Hostile Work Environment
 Non-selection
 Work Schedules

Article 14:
Position Descriptions
(See also Article 16)
Position Descriptions
A great way for the Local to serve
employees who are NOT in trouble!
 Employees should have accurate PDs
 PDs should be well-written to ensure
accurate classification
 Two parts

Position Descriptions

An accurate Position Description involves
two parts:
 Accurate
PD
 Accurate Classification
Step 1 –
Accurate Position Description

Accurate PD includes
 Title,
series, and grade
 Major duties that are reflected in performance
elements.

Must describe
 principal
duties,
 knowledge requirements, and
 supervisory relationships are described, and

Must cover 80 percent or more of the work
situation.
Step 1 –
Accurate Position Description
Standard PDs
 Listings of Standard PDs (and some of the PDs)
are on the HCM website:
http://fsweb.hcm.fs.fed.us/classification/ASPD/ASPD_Lib
rary.php
 Ones that are not on the website are available in
AVUE
 To get copies, you can:
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Get AVUE Access
Ask HRL to give you the PDs
Ask supervisor or admin assistant who has manager access
to AVUE to get you a copy.
Call the HR Helpdesk and open a case
Step 1 –
Accurate Position Description
Individual PDs

Generally, all PDs are now created in AVUE.

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
Search for relevant duties
Select and assign amounts of time that the employee performs
duties
Evaluate and answer questions about the position (e.g. is a CDL
required, is it in the bargaining unit)
OPM Classification Standards – Online at:
http://www.opm.gov/fedclass/index.htm
Not sure what series to use, see classification
standards or the OPM quals handbook:
http://www.opm.gov/qualifications/standards/ind
exes/num-ndx.asp
Searched GS 802 and 462, Grades 5, 6, and 7
This did not classify as a 7
until the GS-7 duties were
25% of the employee’s
time.
Step 1 –
Accurate Position Description

The accuracy of a position description is
grievable:
 Are
there duties that the employee is doing that are
not in the PD?
 Is the supervisory relationship accurately described?
 Is the nature and purpose of contacts accurately
described?
 Etc.
 NOT – Is the PD classified correctly?
Article 14.3 – PD Review Procedure
a. Employee may request PD review in writing to
immediate supervisor. 45-day time limit for:

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
Employee to submit inaccuracies/omissions to
supervisor
Supervisor to prepare the new PD
Supervisor to submit PD review package to HRM
b. Management may initiate PD changes and will
consider feedback from employee prior to
submitting PD for classification
Classification



After the PD review package is submitted,
Human Resources classifies the PD.
Classification is the task of assigning a series
and grade to the PD.
DO NOT submit a poor or inaccurate PD to be
classified.
 If
PD is inaccurate, and management will not change
it, file a grievance prior to classification
 If PD is poorly written it is harder to classify, and hard
to get fixed after a “bad” classification.

Classification may include interviews with the
employee.
Article 14.3 – PD Review/Class
c. PD classification will be communicated to the
employee within 45 days of submission
d. Employee may have union representation during
discussions related to review and classification
f. Management will not reassign work during PD
review just to avoid reclassification
e. Accuracy of the PD is a grievable issue
14.4 -- Classification Review/Appeal
Classification decisions cannot be grieved,
only appealed.
 Agency appeal

 Higher
in FS
 USDA

Office of Personnel Management appeal
 Generally,
not recommended
 Decisions by OPM can result in downgrade,
and may be applied to other similar PDs in the
Forest Service.
What may be appealed:
grade
 series
 sometimes the title; and
 the pay system of your position (GS or
FWS/WG).

What may not be appealed:
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the content or accuracy of PD
the accuracy of a classification standard
an agency's proposed classification decision
the classification of a position to which you are
not officially assigned; or
the classification of a position to which you are
detailed or temporarily promoted for a period of
less than two years.
14.5 – Class at higher grade

If PD review and classification results in a
higher grade management will either
 Decide
to redistribute or eliminate the duties
within 14 days of the review.
 If duties cannot be removed within 14 days,
employee will be given a temporary promotion
until duties can be removed.
 Promote the employee according to Article
16, generally beginning the first pay period
after the classification action.
 NOTE: Article 16 has
Article 16.6 Do-loop prevention

If, in accordance with Article 14 Section 5,
Management elects to remove the higher
graded duties rather than promoting the
employee and the duties are later reassigned
to the employee without an appropriate
promotion, the employee is not required to
repeat the position description and
classification review procedures in Article 14
before moving directly to either the grievance
procedures or classification appeal process.
16.6 Accretion of Duties

An accretion occurs when employee has been
performing grade-controlling duties classified at a
higher grade level for an extended period of time.
Criteria are:
 Not
moving from nonsup/lead to sup or lead;
 Old duties are absorbed into the new position;
 The expanded duties are within the scope of the
work of the organizational unit; and
 Other positions within the supervisory unit are not
adversely affected. A “supervisory unit” is typically
the lowest level of an organizational unit where like
work is performed.
I didn’t get the job!
(See Article 16)
Didn’t get a job they applied for


Non-certification -- Employee didn’t make the certificate
of candidates. (Employee was not referred to the hiring
official.)
Not qualified:
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Determination of whether the OPM Qualification Standards were
appropriately applied.
http://www.opm.gov/qualifications/index.asp
Qualified, but not in the quality group
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This is a frequent issue with AVUE.
Management can ask for a hand review of applicants if they
believe that a quality candidate applied but didn’t make the cert.
The FSPC is working on an appeal process for employees who
do not make the “Quality” group.
Didn’t get a job they applied for

Non-selection
 Employee
made the “cert,” but was not
selected.
 Very difficult to win.
 Management has the right to hire and it is
understood that selection decisions can be
very subjective.
 Generally the manager can pick from among
the “quality” candidates.
Non-certification

FS Demo procedure
 1st
level - Request in writing to office which made the
decision
 2nd level – Request in writing to next higher office (RO
or WO)
 If appeal is successful, candidate is given priority
consideration for next position in same location which
comes open

Merit Promotion procedure
 File Grievance
 Appeal to higher
level in Agency??
Non-Selection

Both Demo and Merit Promotion
 File
a grievance over the issue
 EEO if non-selection is based on race, sex, age, etc.
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Very hard to win, unless there was a “pass-over”
of an eligible veteran under demo.
May be able to address procedural errors
Management does not have to hire the MOST
qualified. They select among those who are
well-qualified.
Article 16.2.e –
Notifications to Applicants

Employees will be informed in writing
 whether
or not their application has been
referred to the selecting official and
 whether or not they meet qualifications for the
position.

Notification will include who the employee
should respond to if requesting a review.
Article 16.2.e –
Review Procedure
Within 3 days of receipt, employee may
request a review.
 Upon such request, Management will
perform an independent review of the
qualification determination and provide a
written explanation within 14 days.

Article 15
Performance Management
Performance Management

Good performance management
requires communication about:
 Expectations
 How employees
are meeting expectations
Employees should be encouraged to
participate in performance discussions,
both at the beginning and end of rating
period.
 The rules are in FSH 6109.13, 10

Performance Management

Each bargaining unit employee should
have 3 performance elements
 Mission/results
(critical)
 Managing work assignments (critical)
 Teamwork and partnerships (noncritical)
Elements are broken down into standards.
 Standards are further described by
measures.

Performance Standards
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A Standard is the expression of the performance
threshold(s), requirement(s), or expectation(s) that must
be met to be appraised at a particular level of
performance.
The generic standards should be used unless they don’t
address a significant component of the employee’s
responsibilities.
Rating officials are to use an absolute standard (a
standard that allows for no margin of error), in only very
limited circumstances, such as where failure to perform
under a critical element could result in loss of life, injury,
breach of national security, or great monetary loss.
Performance Measures
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Measures quantify or qualify the desired result or
behavior described in a performance standard.
Employee and supervisor develop the measures.
Performance measures must be SMART:
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Specific
Measurable
Attainable
Relevant and Reasonable
Time-bound
Employees must be told what it takes to meet and
exceed each element.
During the rating period an employee may request a
change to performance measures based on mitigating
factors.
Union role in Performance
Management
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Ensure that policy is being followed.
You may grieve failure to follow the policy.
Performance standards and elements generally
are not grievable, but application of
elements/standards is.
Performance discussions are not considered
formal meetings. However, if you have a good
relationship with management, they may see
value in including you in the meetings.
Article 15 Provisions

3. Performance Ratings for Union
Officials:
 Employees
who are Union officials are not
rated for their Union duties.
 Union Official’s performance expectations will
be adjusted for official time used to perform
representational work.
Article 21
Dealing With
Unacceptable Performance
Performance-based actions
Unacceptable or marginal performance
rating
 Withholding WGI
 Demotion
 Removal

Marginal and Unacceptable
performance ratings
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Marginal summary rating given when an
employee’s performance is unacceptable in a
non-critical element
Unacceptable summary rating when
performance is unacceptable in a critical
element.
Unacceptable performance rating cannot be
given without first placing an employee on a
Performance Improvement Plan
If an employee is on a PIP at the normal
appraisal time, the appraisal will be delayed.
Performance-based Actions

(5 CFR 432)
Any time an agency becomes aware that an
employee’s performance is unacceptable
 The
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
agency must notify the employee
Elements that are unacceptable, and what needs to be done
to correct deficiencies
Consequences of not improving performance
 Agency
must provide reasonable opportunity for
employee to improve performance
 Agency must assist the employee
Article 21 – Unacceptable Performance

Prior to initiating performance-based removal or
downgrade, the employee must be notified in
writing and be given performance improvement
plan. PIP must include:

How long the PIP will be in place.
 What elements and standards are deficient.
 Actions require to improve.
 What management will do to assist the employee.
 Potential consequences of failure.
 Employee Assistance Referral.
During and After the PIP
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Rating Official will meet regularly with the
employee, and Union representative may attend
PIP meetings.
Within 14 days of the end of the opportunity
period, employee will be notified in writing
whether their performance has improved to the
successful level.
Employee will be notified within 14 days after
end of PIP whether performance is acceptable
or not.
Article 21 – Unacceptable performance
If performance is still unacceptable,
management will give the employee at
least 30 days notice of their proposed
action to demote or remove the employee
 Employee will be given an opportunity to
reply
 Decision to demote or remove must be
made by a higher level management
official than the proposing official

Article 21 – Unacceptable performance
Decision may be grieved or appealed to
MSPB
 If unacceptable performance is related to a
disability, FS will delay action to allow
determination to be made concerning the
disability retirement
 Performance removals and demotions will
be stayed 5 days from date of decision

Article 22
Discipline and
Adverse Actions
Article 22 – Discipline and
Adverse Actions

General
 Purpose
of discipline is to correct behavior
and prevent future occurrences
 Concerns will be addressed early, and
employees will be instructed to discontinue
any misconduct
 Misconduct will not be allowed to continue just
to increase the penalty
 Discipline will be within a reasonable amount
of time after the incident
22.2 – Letters of Warning


Letters of warning include any letter that
addresses a performance or conduct problem
with the exception of Letters of Reprimand.
Letters of warning will state
 specific

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
reasons that gave rise to the letter
employee’s grievance rights.
The original shall be given to the employee
Letter will remain in effect no longer than 1 year,
but may be withdrawn earlier
Article 22.2 – Alternative Discipline
Use Alternative Discipline whenever
appropriate
 Alternative Discipline is voluntary
 Alternative Discipline may not be used
when the final decision is removal


Encourage that you include the failure to
try alternative discipline in your grievance.
22.4 Traditional Discipline

Discipline is defined as

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Reprimands
Removal
Suspension without pay
Reduction in pay or grade
Disciplinary actions against employees
must be based on just cause..
 Before deciding on a particular penalty,
agency officials should consider all the
pertinent factors as described in USDA
Department Personnel Manual 751,
Appendix A, May 1994.

A note about forums

Adverse Actions are

Suspensions of more than 14 days
 Reduction in pay or grade
 Removal

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Disciplinary actions can be addressed
through EEO, OSC, or FLRA when
appropriate
All disciplinary actions can be addressed
through a grievance
Only adverse actions can be appealed to
MSPB
22.5 Inquiries

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Prior to issuing discipline an inquiry shall
be undertaken.
The “inquiry” is the initial phase of an
investigation to determination whether
further investigation or discipline is
warranted
Investigations, if warranted, will be in
accordance with the standards set forth
in USDA Department Manual Chapter
751, Subchapter 3.
22.5 Inquiries
Employee may be represented by the
Union (Weingarten).
 Once management has been notified that
Union is representing an employee,
management will notify union of any
subsequent meetings and copies of
correspondence will be sent to union.
 DOES NOT apply to criminal
investigations.

Article 22.5 – Procedures
Disciplinary actions will be retained in
Agency files in accordance with Records
Management Handbook.
 Letters of Reprimand

 Clearly
titled
 Why the letter is being issued
 Include grievance rights
 Retain in the OPF for one year
22.6 – Procedures

Discipline greater that Reprimand
 Upon
request, Management will provide
copies of all evidence supporting proposed
discipline.
 Employee and/or representative will be
permitted reasonable time to provide
response to proposal.
 Time limits may be extended upon written
request.
A note about proposals
Generally, you do not file a grievance over
a proposal.
 MSPB will NOT accept a case for a
proposal (arguing mgmt has not taken an
action yet).
 May file grievance or ULP complaint, if you
can make a case that the proposal itself is
intended to inimidate or retaliate for for
protected activity.

22.6 Procedures

Suspension of 14 days or less. Employee
is entitled to:
 At
least 7 day advance notice
 Reasonable time to respond to proposal
 Union or other representation
 A timely written decision with specific reasons
 Grieve the decision
22.6 - Procedures

Adverse Actions (Removal, Suspension for more
than 14 days, Furlough for less than 30 days,
Reduction in pay or grade). Employee is entitled
to:
 30
day advance notice (except in certain criminal
cases)
 Reasonable time to respond
 Be represented by Union or other representative
 A timely written decision stating reasons
 Grieve the action or appeal to MSPB
Representation for discipline

Investigation
 Participate
in Weingarten meetings
 Request information about status of investigation

After Proposal
 Assist employee with written and/or oral response
 Brief history of employee’s employment, including awards
 Address the charges, including written statements from
witnesses.
 Address the severity of the penalty through “just cause” and
“Douglas” factors”, but focus primarily on those factors which
work in favor of the employee
 Raise any affirmative defenses (discrimination, reprisal, etc.)
Just Cause
“Douglas factors”
(USDA DPM 751, Appendix A)
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The nature and seriousness of the offense, and its
relation to the employee's position and responsibilities,
including whether the offense was intentional or
technical or inadvertent, or was committed maliciously
or for gain, or was frequently repeated.
The employee's job level and type of equipment,
including fiduciary role, contacts with the public and
prominence of the position.
The employee's past disciplinary record.
The employee's past work record, including length of
service, performance on the job, ability to get along with
Federal workers, and dependability.
The effect of the offense upon the employee's ability to
perform at a satisfactory level and its effect upon
supervisors' confidence in the employee's ability to
perform assigned duties.
Douglas factors
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The consistency of the penalty with others
The consistency of the penalty with the Penalty Guide.
The notoriety of the offense or its impact upon the
reputation of the agency
The clarity with which the employee was put on notice of
any rules that were violated in the committing of the
offense, or had been warned about the conduct in
question
The potential for the employee's rehabilitation.
Any mitigating circumstances surrounding the offense
such as unusual job tensions, personality problems,
mental impairment, harassment, or bad faith, malice, or
provocation on the part of others involved in the matter.
The adequacy and effectiveness of alternative sanctions
to deter such conduct in the future by the employee or
others.
Reasonable
Accommodation
Reasonable Accommodation
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FS does not have Directive on Reasonable
Accommodation (yet). Refer to USDA
Department Manual 4300 (DM-4300)
Reasonable accommodation of employees and
applicants with disabilities
Disability is a physical or mental impairment that
substantially limits one or more of the major life activities

Reasonable accommodation
 Employee
must be otherwise qualified to do the job
 Cost is generally not a reason for saying the
requested accommodation is not “reasonable”
BEWARE!

These may require early, frequent, and
aggressive Union assistance. Do NOT
hesitate to file an EEO complaint early if
the process appears bunged up!
Requests for RA

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Does not need to be in writing
Can be given to any appropriate management
official e.g. supervisor, CR director
First line supervisor can approve request
Denials must be forwarded to the “Mission Area
Designee”
Only MAD can deny request
Providing the Accommodation
Discussion of accommodation should be
an interactive process between the
supervisor and employee.
 If there is an obvious or previously
documented disability, and the requested
accommodation is clearly related to the
known disability, it should normally be
provided within 30 work days.

Medical information


Agency may request medical information if they
are not sure about whether the employee is
disabled or what accommodations would be
effective.
Medical information should:
 Document
the employee’s medical condition to
determine whether they are a person with a disability.
 Help explain how the requested accommodation will
assist the employee in performing the essential
functions of the job.
Medical Information
Medical documentation is submitted to the
Mission Area Designee
 MAD is responsible for determining if the
employee is a “person with a disability”
 Information is confidential, unless the
employee wishes to share it with his/her
supervisor.

Hostile Work
Environment
Hostile behaviors at work
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Verbal abuse
Belittling in front of others
Territorialism with respect to work
Excessive competition
Challenges issued over imagined threats to a
person's authority
Enforcement of ineffective or unreasonable rules
as a way to exert power
Interfering with a person's ability to be creative
and work in a way that is most productive for the
individual
“Random” changes in work assignments
Behaviors that “feel” hostile….

Failure of the supervisor to smile, say hello
or good morning, chat with employees,
etc. does NOT create a hostile work
environment by itself.
Hostile Work Environment
There is no law that requires the Agency to
provide a courteous or decent work
environment.
 There are laws that prevent hostile work
environment for certain workers:

 Discrimination
laws.
 Retaliation provisions in other laws that prohibit
retaliation for protected activities.
Discrimination-based
hostile work environment
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Race
Religion
Sex
National origin
Age
Disability
Pregnancy
Sexual orientation (only through USDA, not
EEOC)
Hostile work environment because of these reasons can
be addressed through an EEO complaint or a grievance.
Examples of retaliation-based
hostile work environment
Protected Activity
Union activity
How to file complaint
ULP with the FLRA
EEO Activity
EEO Complaint
Whistle blowing
OSC and MSPB
Safety-related complaints
OSHA
A grievance can also be filed for each of these.
There may be other protected activity that have other
possible remedy routes.
Requirements for establishing
hostile work environment charges

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
He or she suffered intentional inconsiderate
treatment because of the EEO basis or
protected activity.
The harassment was severe or pervasive.
The harassment negatively affected the terms,
conditions or privileges of his/her work
environment.
The harassment would detrimentally affect a
reasonable person.
Management knew about the harassment, or
should have known, and did nothing to stop it.
Case example
A young, white male employee comes to you as union rep,
and says that he wants to file a hostile work environment
complaint. His supervisor has been a real jerk at the office,
and has been making his life miserable at work. The
supervisor tends to make mean jokes about everyone in the
office. He hollers things out like, “good of you to come in
today” over the tops of the cubicles when employees come in
late. He makes disparaging comments about how long it
takes people to get work done. From week to week, no one
knows if they are on his good side, or his bad side. There is
also a black woman in the office who is considering a
complaint.
How would you recommend that these two employees
address their concerns?
Master Agreement protection from
hostile work environment
For workers not protected by
discrimination or retaliation laws, the
Master Agreement is the only protection
against a hostile work environment.
 A key provision: Article 4.9 - Every
individual has the right to be treated with
dignity and respect normal in an employeremployee relationship.

Other key Master Agreement
provisions
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Article 4.8 - Management will not take reprisal actions
against employees for the exercise of any appeal right
granted by law, rule, regulation, or this Agreement.
Article 4.10 - Management shall inform employees of
rules, regulations, and policies under which they are
obligated to work.
Article 4.12 - Employees shall not be given warnings or
statements of disapproval, counseled on conduct or
unacceptable performance, or given verbal warnings
except in a setting that protects confidentiality.*
* In special job related situations involving safety and/or well being of employees,
immediate public admonishment is appropriate, e.g., co-worker harassment or
safety violations.
Routes for resolution
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
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For any hostile work environment issue, you can
file a grievance and include contract violations,
as well as violations of law.
For hostile work environment issues related to
statutory protections, employees may also have
a statutory route, in addition to the grievance
process.
Generally, they may use only ONE of the routes
for resolution.
Remedies?

What would you ask for to resolve a
complaint of hostile work environment?
Possible Remedies for Hostile
Work Environment
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Monetary damages for health issues caused by stress
related to hostile environment
Restoration of leave taken due to stress
Transfer out of unit
Move office away from supervisor or employee who is
causing problems
Posting of Article 4.9 on bulletin boards
Letter to all employees about the provisions of Article 4.9
Training for employees/managers about the negative
effects hostile workplaces on health and productivity
A written apology
ADR to resolve smaller communications problems.
Aside: Disparate application of policy

Managing and supervising the workforce in accordance
with established policy is NOT a hostile work
environment, e.g.
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However, enforcement of the rules may be disparate.
Evaluate:
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Assigning work and monitoring performance
Assuring accurate time and attendance
Is the employee breaking the rules?
Does everyone else break the rules?
Will you be stuck arguing that “everyone else breaks the rules,
and this employee wants to, too?” (This is generally what the
employee wants…)
Generally, a resolution to this type of situation will
involve equal application of the rules to all.
Work Schedules
Sec 2: Standard Work Schedules
 Sec 3 & 4: Flexible Work Schedules
 Sec 5: Compressed Work Schedules
 Sec 7: Administrative procedures
 Sec 11: On Call (new section)

18.2 Standard Schedule



Fixed Schedule
Regularly Scheduled Administrative Workweek
(RSAW) is the officially prescribed days and
hours the employee is regularly scheduled to
work, including any regularly scheduled
overtime.
Tour of duty is the hours and days of an
employee’s RSAW. Under a fixed schedule an
employee’s tour and RSAW are the same.
Standard Work Schedule
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Employee works five 8-hour days each week
Set arrival and departure time (normally
between 6 am and 6 pm, M-F).
No credit hours.
Any time over 8 hours per day or 40 hours per
week is overtime.
For holidays, employee gets 8 hours paid.
For night and Sunday pay, any hours scheduled
in the night or Sunday period get premium pay.
Flexible Work Schedules
Let the fun begin……
 The challenge:
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Balancing flexibility
with
Management’s right to assign work
(at a particular time).
Flexible work schedules
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Flexible work schedule (FWS) means a work
schedule established under 5 U.S.C. 6122, that
 has
an 80-hour biweekly basic work requirement that
 allows an employee to determine his or her own
schedule
 within the limits set by the agency.
(from OPM Handbook on Alternative Work Schedules)
Flexible work schedules
(general info)
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Employee may vary days they work and
arrival/departure times.
May earn credit hours.
Overtime over 8 hours/day or 40/week, but must
be approved in advance.
For holidays, employee gets 8 hours.
For night and Sunday pay, any hours scheduled
in the night or Sunday period get premium pay.
(Employee cannot elect to work at night and
incur night pay.)
18.3 Flexible Work Schedules
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Four FWS will be used Agency-wide
Day – Core hours on 5 days/week.
Must work 40 hours/week.
 Variable Week – Core hours on 5 days/week.
Must work 80 hours/pay period.
 Maxiflex – Core hours on less than 5
days/week. Must work 80 hours/pay period.
 Gliding – Employee adjusts arrive and start
time, but works 8 hours/day, unless earning or
using credit hours, leave, etc.
 Variable
18.3 Flexible Work Schedules
In lieu of an RSAW, employees have a
“Basic work requirement” which is the
number of hours they must work in a
biweekly pay period. (FT=80).
 All work performed within the basic work
requirement is considered regularly
scheduled work for the purpose of
premium and overtime pay.
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Tour of duty (FWS)
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Tour of duty is the limits within which employees
must complete the basic work
 Maxiflex
schedule, 5 a.m. and 10 p.m. on Sunday
through Saturday.
 Variable Day, Variable Week, and Gliding 5 a.m. and
10 p.m. on 5 consecutive days in each week of the
pay period.
 Changes to the 5 a.m. to 10 p.m. time band (tour of
duty) for a flexible schedule may be negotiated at the
Local level
Core Hours (FWS)
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Time periods when an employee on a
flexible schedule must be present for work
or otherwise account for their time.
 Maxiflex:
10 am to 2 pm on the 3 middle days
of the employee’s tour of duty.
 Variable Day and Variable Week: 10 am to 2
pm on each day of the tour of duty.
 Employees may request and supervisors may
grant deviations from core hours on a caseby-case basis.
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Core hours are locally negotiable.
Credit Hours (FWS)
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Credit hours are those hours within a flexible work
schedule that an employee elects to work in excess
of their basic work requirement so as to vary the
length of a workweek or workday.
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Credit hours are earned at the election of the employee
Employees must inform their supervisor in advance of
their intent to earn credit hours, including what work and
approximate time.
Supervisors may deny earning credit hours if there is no
work for the employee to perform at that time.
Employees cannot be forced to earn credit hours.
Credit Hours (FWS)
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Use of credit hours must be scheduled like any
other absence from work.
Credit hours may be earned and used within a pay
period.
Credit hours may be used during core hours.
Credit hours may not be earned while an employee
is in training.
Credit hours for travel governed by existing law and
regulation.
A maximum of 24 credit hours may be carried over.
18.4 OT and Premium Pay (FWS)
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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.
Night pay and night differential premium pay for night
work is handled pursuant to 5 USC 6123(c).
Management may restrict an employee on a FWS from
electing to perform work as part of their basic work
requirement on a Sunday in order to avoid the increased
operational costs associated with Sunday premium pay;
however, such an employee may elect to earn credit
hours on a Sunday.
18.5 Compressed Work
Schedules (General Info)
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Employee works less than 10 days each pay period.
Set arrival and departure time.
No credit hours.
Hours worked over the scheduled hours for the day are
overtime.
Any time over 40 hours per week is overtime.
For holidays, employee gets the number of regularly
scheduled hours for that day paid.
For night and Sunday pay, any hours scheduled in the
night or Sunday period get premium pay.
18.5 Compressed Schedules
Fixed schedule in which employees
complete their basic work requirement in
less than 10 days.
 Tour of duty is the hours of a day and days
of a week that the employee is regularly
scheduled to work. Normally scheduled
hours will be between 6 am and 6 pm.
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18.5 Compressed Schedules
4-10 – Four 10-hour days per week.
 5-4/9 – Eight 9-hour days with one 8-hour
day and one day off.
 Specific hours are a matter of joint
discussion.
 Hardship provisions if employee cannot
work a compressed schedule.
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18.7 Administration of Work
Schedules
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Tour of duty will be recorded in the
paycheck header.
 For
Standard and Compressed schedule, this
is the employee’s regular hours.
 For Maxiflex, the Tour of Duty is 5 am – 10
pm, Sunday-Sat.
 For Variable Day and Variable Week the Tour
is 5 am – 10 pm, on 5 days a week.
18.7 Administration
Default work schedule is the standard
schedule.
 Employees may apply to any compressed
or flexible work schedule.
 Employee may NOT be involuntarily
assigned to a FWS.
 Employee MAY be assigned to a CWS.
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18.7 Administration
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Decision to grant or deny an employee’s
request to be on a flexible or compressed
schedule will be based on:
Productivity
 Level of service to customers
 Cost of operations
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Denials of an employee’s request for AWS
will be in writing and provided to the Union
18.7 Administration
Management will not change or
discontinue an AWS for the purpose of
avoiding overtime
 AWS may be discontinued based on
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 Productivity
 Level
of service to customers
 Cost of operations
18.7.h Administration
Special Situations
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Short term changes, no more than 1 pay period,
may be made.
Employees at training for more than 2 days will
be switched to a fixed 8-hour schedule.
Field crew supervisors may limit day to 8 hours if
weather or work conditions warrant.
Schedules for fire and incidents are covered in
Article 28.
18.8 and 18.9 - Breaks
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Rest Breaks: 15 minutes approximately midway
through each 4-hour period of work. Will be
arranged by the employees with the work
supervisor, so as not to interrupt the work of the
organization.
Meal Breaks:
 Minimum
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 a short-term deviation to
meal break requirement on a case-by-case basis
18.11 On-Call
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On-call is unpaid time when an employee may
be required to leave a number or carry a pager
and remain within a reasonable call back radius.
General Provisions:
 Employee
may make arrangements for another to
cover their on-call period (mgmt will provide a list).
 If employee is sick, Management will make
arrangements for covering the on-call period.
 Employee will not be required to report to work in less
than an hour.
18.11 On Call
B. Scheduling
 On-call
periods will be reasonable: Normally
2 days per pay period when not on call, at
least one of which will be their regular day off.
 On call scheduling shall be done by rotation,
first among volunteers
 Shall not be on-call during scheduled leave
periods.
 Annotation: Normally, employees will not be
assigned to on-call status for more than two
pay periods, without a pay period off.
19.9 Relationship between Oncall and pay status
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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.