Bargaining History Back to article. The parties agreed to add Section 6 to reflect our desire to resolve potential disputes over bargaining unit status as early and informally as possible. The Agency Chief Xxxxxxx will be notified of any changes to bargaining unit status prior to implementation. The Agency will discuss the basis for the change in status of the position if so requested by the Chief Xxxxxxx; however, Management is free to implement the change in bargaining unit status once the discussions have concluded. If Local 12 disagrees with the Agency's determination on the bargaining unit status of a particular position, they may appeal that decision to the Federal Labor Relations Authority.
Bargaining History Back to article. The parties agreed to add Section 2 to reflect that laws, rules, regulations, or the provisions of this Agreement should be enforced by Management and that employees are obligated to comply with them. However, the parties also acknowledge that occasionally employee conduct may deviate from such compliance where Management has been lax in enforcement. If such a situation develops and then Management subsequently determines that it will enforce the applicable law, rule, regulation, or provision of this Agreement, Management should bring this to the employees' attention. In other words, employees should know the "rules of the game" so they will not be surprised. The parties agreed that this provision in no way interferes with Management's right to discipline employees or the employee's/Union's right to challenge disciplinary actions. The parties agreed that the intent of "etc." in Section 9 of this Article means the following: Employees do not have the right to watch television at the work site on work time. Employees may watch television during their lunch and other breaks as long as it does not disturb their co- workers and the television is not watched in work areas which can be observed by visitors to the office.
Bargaining History Back to article. This Article rolls over the language that was agreed to at negotiations in 1989. This bargaining history reflects the intent of the parties when this Article was negotiated in 1989. This Article provides that all bargaining unit employees not currently covered by a flexible work plan will now be covered by one of the flexible schedules outlined in Section 2. The Department proposed, and the parties agreed, to add Section 3 requiring the use of serial sign in/sign out sheets to record employees' time of arrival and departure in sequential order. As a part of the Agreement, the number of credit hours that could be carried over was increased to twenty-four (24) hours, the maximum allowed by law. The parties also agreed to add Section 5 to reflect that employees planning to work more than eight (8) hours in a day and beyond the end of the supervisor's official workday are to inform their supervisor of their intent to do so. This language was added so that supervisors may establish or restructure work priorities which are to be performed during these additional work hours. This requirement is not applicable to those on fixed work schedules, including those working a 5-4/9 schedule. It is expected that employees will abide by this requirement and those who fail to do so should be reminded of the requirement. Continued failure to inform the supervisor may be viewed as refusal and may be deemed to be abuse of the system and grounds for removal from participating in a flexible work schedule.
Bargaining History Back to article. Both parties expressed their full support for the Employee Assistance Program (EAP), as well as their mutual desire that all employees needing help from EAP should get it. The parties discussed the fact that, because employees suffering from substance abuse have been referred by DOL management to EAP, many employees view the program as being specifically geared to persons in need of drug rehabilitation. Consequently, when employees facing other problems have been referred to the program for assistance, many have been offended by what they deem is an implication of drug involvement. Therefore, it was agreed that both the Union and Management would undertake a campaign to make employees aware of the services provided by EAP and of the fact that EAP offers help in many areas, including but not limited to substance abuse. The parties furthermore agreed that while it is appropriate for supervisors to refer employees with performance or conduct problems to EAP, such referrals should not be made routinely in every instance. Supervisors should refer employees to EAP only when there is reason to believe that the employee would or could benefit from such a referral. In addition, the parties agreed that an employee referred to EAP has a right to know the reasons for the referral. Therefore, if an employee receives a written document referring the employee to EAP, the employee may ask for the reasons and the reasons shall be communicated to the employee. The parties agreed to work together to develop standard language to use in making these referrals to avoid doing so in an offensive manner.
Bargaining History Back to article. Major revisions have been made to this Article due to the new regulations in 5 CFR 430. Much of the language in this Article incorporates the language in the regulations and is not negotiable. It is included in order to provide a comprehensive and understandable Article on this subject. The desire was to have an Article that would provide employees with all of the basic information needed on the operation of the Department's Performance Management System. Sections 1 and 2 This language basically repeats language in the regulations regarding the purpose of the Performance Management System and the definition of critical element.
Bargaining History Back to article. The parties are required by 5 CFR 430 to have a performance cash awards program.
Bargaining History Back to article. A new Section on the Career Ladder Promotion Process was added to this Article. The definition contained in Section 9.a. remains unchanged from the previous Agreement.
Bargaining History Back to article. The "established full performance level for the Agency" as used in this Article is defined as that grade level in the particular Agency to which all attorneys can expect to be promoted based on good performance. This grade level is established by Management based on considerations such as the nature and amount of work handled by the Agency's attorneys. The intent of this Article is to make eligible employees aware of promotional opportunities in the bargaining unit and to permit them to apply and be considered for these opportunities. The parties agreed that while failure to follow the procedures set forth in this Article would be grievable, an employee cannot grieve failure to be interviewed or selected for a position unless the grievance is based on allegations of discrimination or another prohibited personnel practice.
Bargaining History Back to article. This Article was unchanged from the 1980 Agreement with the exception of the elimination of the Section pertaining to "Meaning of Other Duties as may be Assigned." The Union's concern regarding the assignment of other duties was addressed by the existing language in Article 3, Section 10 which states that "Consistent with the Management right to assign work to employees and to determine methods and means of performing work, employees can expect assignments to be made within reasonable bounds, consistent with grade level, position description, and performance."
Bargaining History Back to article. It was the mutual interest of the parties that this Article address the issue of enhancing and maintaining a quality workforce. The parties agreed that we need to develop an approach that would be visible and have the support of DOL management.
