Common use of Official Time Clause in Contracts

Official Time. Section 1 - Purpose Official time as a necessary part of collective bargaining and related activities is in the public interest. The parties recognize that good communications are vital to positive and constructive relationships between the Union and the Department. These communications should facilitate and encourage the amicable settlement of disputes between employees and the Department involving conditions of employment and should contribute to the effective and efficient conduct of public business. They further recognize that this consolidated unit is very large and complex and requires Union coordination of its representational activities at several levels. As provided in 5 USC 7131, official time shall be granted as specified in law and in any additional amount the Department and the Union agree to be reasonable, necessary, and in the public interest. Official time shall be granted for activities as specified in law and in amounts specified by this Agreement or otherwise negotiated. Official time shall be used for: Handling grievances and other complaints; Handling other representational functions; or, Engaging in appropriate lobbying functions. Section 2 - Designated Union Officials/Representatives Official time in the following amounts is authorized for each of these Union officials: National VA Council President - 100% Three National VA Council Executive Vice Presidents - 100% National Treasurer - 50% Fifteen District Representatives - 50% Twelve Appointed National Representatives - 50% Five Appointed National Safety and Health Representatives - 50% These national Union representatives may designate a Union representative at their home station and transfer unused official time to that representative to perform the duties of the position for which official time is authorized. When the Union assigns individual(s) who are not subject to a national or local 100% official time allocation to participate on a national task force or committee, the Department will afford such individual(s) official time for preparation, travel, and participation related to such assignment. VA Central Office (VACO) LMR will work with local facilities to obtain the time as needed. This time will come from the bank of hours described below, if the employee is not otherwise on 100% official time. Should the bank of hours become unavailable, the Department will authorize the time to participate. Two members of the VA Mid-Term Bargaining Committee and two members of the VBA Mid-Term Bargaining Committee will be on 100% official time. VACO LMR will work with local facilities to obtain the time as needed for three other members of each committee, who will be allowed official time while preparing for, traveling and participating in activities related to each mid-term bargaining issue. The Union will provide the Department with a listing of the National Union Officers, District Representatives, National Representatives, and National Safety and Health Representatives so that each local facility may be informed. The Union will also provide a timely notice of any change in National Union representatives. Travel and per diem is authorized for National Union Officers, District Representatives, National Representatives, and National Safety and Health Representatives in connection with the semiannual meetings described in Article 5 - Labor Management Committee. Travel and per diem is also authorized as provided elsewhere in this Agreement or where otherwise agreed to by the parties or where required by law, rule, or regulation. When Union officials visit a facility other than where they are employed for the purpose of engaging in representational activities, they will notify the Department prior to their visit. The Department will notify the Union of any scheduling problems connected with the visit and the parties will attempt to work out a suitable arrangement. In addition to the above official time, the Union shall have a bank of hours from which to draw in order to have subject matter experts, administrative support during negotiations, support for national grievances, labor‑management collaboration support, special projects and Department initiatives, etc. The President of the NVAC shall assign the time in no less than one hour increments. There shall be a one-time 25,000 hours for the first calendar year in which this agreement is in effect. Any hours remaining at the end of that calendar year shall carry-over until depleted. Prior to the use of this official time, VACO LMR and the Union will develop a tracking accountability system for the bank of hours within 30 days after the effective date of this Master Agreement. VACO LMR and the NVAC President may arrange for additional hours to be added to the bank after the first contract year. Section 3 - Accumulated Official Time Official time authorized for National Union representatives may be used as needed; however, upon request, the Union representatives will be advanced official time from future time accrual for that leave year. Any time not used during any pay period will be accumulated for the remainder of the leave year. Any time that was not used as needed by the end of the leave year will not be carried over to the next leave year. Section 4 - Additional Time Allotted Time spent in connection with national bargaining and LMR Committee meetings shall not be charged against other official time allotted. Section 5 - Travel to Other Locations Once official time is authorized for a specific function that requires travel outside a Union representative’s duty station, the representatives will be permitted to leave the facility to discharge their functions after notifying their respective supervisor of their destination, expected return date/time, and the category of representational activity involved. The categories are: Negotiation of term collective bargaining agreements; Negotiating changes to conditions of employment; Dispute resolution; and/or, General labor-management relations. Where travel to another location within the jurisdiction of a local union is necessary for representational activities consistent with the provisions of this Agreement, and the transportation is otherwise being provided to the location for official business, the Union will be allowed access to the transportation on a space-available basis and also authorized official time for travel. Personal transportation expenses (POV, mileage, etc.) will be reimbursed to the extent permitted by Federal Travel Regulations. Section 6 - Other Activities For the following matters, union representatives will be on official time: All activities related to Labor-Management Committees (Forums); Quality Program; This official time will not be counted against any allocated official time as described in this agreement. A union official who is designated as an employee’s personal representative will be on duty time when preparing or presenting appeals to the MSPB and handling discrimination claims under EEOC procedures. Section 7 - Performance Evaluation The use of official time, in accordance with this Agreement, will not adversely affect an employee’s performance evaluation. Section 8 - Substitutions The Union may substitute a retired VA employee for the designees at national LMR meetings or Department initiatives. The Department will provide travel and per diem, in advance, for that retired employee if they do not have a Department-issued credit card. Section 9 - Allegations of Abuse Alleged abuses of official time shall be brought to the attention of an appropriate Union official and to an appropriate Department official on a timely basis by supervisors and Department officials. The Department official will then discuss the matter with the Local or NVAC president as appropriate. Section 10 - Local Every local union will receive an allotment of hours equal to 4.25 hours per year for each bargaining unit position represented by that local union. Each VHA and VBA local union is entitled to a minimum of 50% official time. Each NCA local union is entitled to a minimum of 25% official time. Where a local represents employees at a CBOC, Consolidated Mail Out Pharmacy (CMOP), clinic, service center, or successor, at a duty station greater than 50 miles from the facility, that local union will be allotted 25% official time at that duty station. There shall be no reduction in the official time allocation due to a merger. When mergers occur, the official time carried over from the local union’s allocation shall not be less than the combined total of the local union’s allocation prior to the merger. For local unions already above the minimum amount of official time described above, existing local agreements and past practices regarding official time on the effective date of this Master Agreement shall continue in full force and effect. Local unions that are above the 4.25 will not be able to receive an increase in official time until the number of bargaining unit employees has increased to the level where they are entitled to have an allocation equal to the 4.25 per bargaining unit employee Local unions that are below the 4.25 minimum shall receive their increase in official time allocation no later than 60 days after this Agreement is effective. The allocation shall be based on the number of bargaining unit employees represented by the local union on the date this Agreement is effective. The calculation period to determine the number of bargaining unit members represented by a local union is every six months after this Agreement is in effect. The minimum amounts of official time described in Paragraph A in this Section are not intended to limit the amount of official time that can be negotiated by the parties locally. Where arrangements for transfers of official time among Union representatives are not in effect, they can be negotiated locally.

Official Time. Section 1 - Purpose 1301 Union Official Time 1302 The Parties recognize that official time as a necessary part is to be granted to Union Representatives who need to be absent from their work area in order to carry out their statutory representational duties. However, the Employer must also consider whether the amount of collective bargaining and related activities time granted is reasonable, necessary, in the public interest. The parties recognize that good communications are vital to positive , and constructive relationships between the Union and the Department. These communications should facilitate and encourage the amicable settlement of disputes between employees and the Department involving conditions of employment and should contribute to the consistent with effective and efficient conduct Government. To that end, the Employer will authorize the use of public business. They further recognize that this consolidated unit is very large and complex and requires Union coordination of its representational activities at several levels. As provided in 5 USC 7131, official time at a rate of up to one (1) hour per bargaining unit employee, the total amount of which will be shared among all Union Officers and Representatives per fiscal year. Additionally, this amount will be shared with employees who do not also serve as Union Representatives or Officers, as outlined in Section 1306 of this Article. 1303 Union Representatives who are also Naval Medical Center Employees may request to use official time to perform statutory representational duties, with the exception of preparing or pursuing grievances (including arbitration of grievances) on another employee’s behalf or challenging an adverse action unless it was taken in retaliation for engaging in federally protected whistleblower activity. Union Representatives must submit requests for official time to the immediate supervisor in writing and prior to the start of the requested time period. The request must identify when the official time is needed, the number of official time hours to be used, the specific purpose(s) for which such time will be used, and sufficient details to identify the tasks the employee will undertake. The supervisor will authorize the absence, unless the services of the unit employee/Union Representative cannot reasonably be spared for the time, in which event, the supervisor will advise the Union Representative as to the time when authorization will be granted. If, in the Union Representative’s opinion, the decision of the supervisor in this connection is arbitrary, the Union Representative shall have the right to contact the Head of the Employer’s Human Resources Branch Office as is deemed necessary, and shall also have further recourse through the grievance and arbitration procedure. 1304 Separate advanced authorization is required for any use of official time in excess of previously authorized hours or for purposes for which such time was not previously authorized. This separate authorization is subject to the procedures outlined in Section 1303 of this Article. 1305 Requests for official time on a continuing or on-going basis shall be granted as specified in law submitted each pay period and in any additional amount accordance with the Department procedures outlined in Section 1303 of this Article. 1306 Official time may be granted to an employee who does not also serve as a Union Representative or Officer, but needs to be absent to prepare for, confer with a Union Representative regarding, or be present for his/her own grievance. The employee must follow the procedures for requesting official time as outlined in Sections 1303-1305 of this Article. 1307 In an effort to develop and maintain the skills necessary to perform their agency duties effectively and efficiently, Union Representatives must spend at least 75% of their paid time, measured each fiscal year, performing agency business or attending necessary agency training. 1308 The Employer will grant official time requests for training when determined to be mutually beneficial to the Employer and the Union agree Officer/Representative, in the opinion of the Employer. Examples include training in statutory and regulatory provisions relating to be reasonablepay, necessaryworking conditions, work schedules, grievance procedures, the performance appraisal system, adverse action appeals, and in the public interestAgency policy and negotiated agreements. Official time shall be granted for activities as specified in law and in amounts specified by this Agreement or otherwise negotiated. Official time shall be used for: Handling grievances and other complaints; Handling other representational functions; orHowever, Engaging in appropriate lobbying functions. Section 2 - Designated Union Officials/Representatives Official time in the following amounts is authorized for each of these Union officials: National VA Council President - 100% Three National VA Council Executive Vice Presidents - 100% National Treasurer - 50% Fifteen District Representatives - 50% Twelve Appointed National Representatives - 50% Five Appointed National Safety and Health Representatives - 50% These national Union representatives may designate a Union representative at their home station and transfer unused official time to that representative to perform the duties of the position for which official time is authorized. When the Union assigns individual(s) who are not subject to a national or local 100% official time allocation to participate on a national task force or committee, the Department will afford such individual(s) official time for preparation, travel, and participation related to such assignment. VA Central Office (VACO) LMR will work with local facilities to obtain the time as needed. This time will come from the bank of hours described below, if the employee is not otherwise on 100% official time. Should the bank of hours become unavailable, the Department will authorize the time to participate. Two members of the VA Mid-Term Bargaining Committee and two members of the VBA Mid-Term Bargaining Committee will be on 100% official time. VACO LMR will work with local facilities to obtain the time as needed for three other members of each committee, who will be allowed official time while preparing for, traveling and participating in activities related to each mid-term bargaining issue. The Union will provide the Department with a listing of the National Union Officers, District Representatives, National Representatives, and National Safety and Health Representatives so that each local facility may be informed. The Union will also provide a timely notice of any change in National Union representatives. Travel and per diem is authorized for National Union Officers, District Representatives, National Representatives, and National Safety and Health Representatives in connection with the semiannual meetings described in Article 5 - Labor Management Committee. Travel and per diem is also authorized as provided elsewhere in this Agreement or where otherwise agreed to by the parties or where required by law, rule, or regulation. When Union officials visit a facility other than where they are employed for the purpose of engaging in representational activities, they will notify the Department prior to their visit. The Department will notify the Union of any scheduling problems connected with the visit and the parties will attempt to work out a suitable arrangement. In addition to the above official time, the Union shall have a bank of hours from which to draw in order to have subject matter experts, administrative support during negotiations, support for national grievances, labor‑management collaboration support, special projects and Department initiatives, etc. The President of the NVAC shall assign the time in no less than one hour increments. There shall be a one-time 25,000 hours for the first calendar year in which this agreement is in effect. Any hours remaining at the end of that calendar year shall carry-over until depleted. Prior to the use of this official time, VACO LMR and the Union will develop a tracking accountability system for the bank of hours within 30 days after the effective date of this Master Agreement. VACO LMR and the NVAC President may arrange for additional hours to be added to the bank after the first contract year. Section 3 - Accumulated Official Time Official time authorized for National Union representatives may be used as needed; however, upon request, the Union representatives will be advanced official time from future time accrual for that leave year. Any time not used during any pay period will be accumulated for the remainder of the leave year. Any time that was not used as needed by the end of the leave year will not be carried over to the next leave year. Section 4 - Additional Time Allotted Time spent in connection with national bargaining and LMR Committee meetings shall not be charged against other official time allotted. Section 5 - Travel to Other Locations Once official time is authorized for a specific function that requires travel outside a Union representative’s duty station, the representatives will be permitted to leave the facility to discharge their functions after notifying their respective supervisor of their destination, expected return date/time, and the category of representational activity involved. The categories are: Negotiation of term collective bargaining agreements; Negotiating changes to conditions of employment; Dispute resolution; and/or, General labor-management relations. Where travel to another location within the jurisdiction of a local union is necessary for representational activities consistent with the provisions of this Agreement, and the transportation is otherwise being provided to the location for official business, the Union will be allowed access to the transportation on a space-available basis and also authorized official time for travel. Personal transportation expenses (POV, mileage, etc.) will be reimbursed to the extent permitted by Federal Travel Regulations. Section 6 - Other Activities For the following matters, union representatives will be on official time: All activities related to Labor-Management Committees (Forums); Quality Program; This official time will not be counted against any allocated official time as described in this agreement. A union official who is designated as an employee’s personal representative will be on duty time when preparing or presenting appeals to the MSPB and handling discrimination claims under EEOC procedures. Section 7 - Performance Evaluation The use of official time, in accordance with this Agreement, will not adversely affect an employee’s performance evaluation. Section 8 - Substitutions The Union may substitute a retired VA employee for the designees at national LMR meetings or Department initiatives. The Department will provide travel and per diem, in advance, for that retired employee if they do not have a Department-issued credit card. Section 9 - Allegations of Abuse Alleged abuses of official time shall be brought to the attention of an appropriate Union official and to an appropriate Department official on a timely basis by supervisors and Department officials. The Department official will then discuss the matter with the Local or NVAC president as appropriate. Section 10 - Local Every local union will receive an allotment of hours equal to 4.25 hours per year for each bargaining unit position represented by that local union. Each VHA and VBA local union is entitled to a minimum of 50% official time. Each NCA local union is entitled to a minimum of 25% official time. Where a local represents employees at a CBOC, Consolidated Mail Out Pharmacy (CMOP), clinic, service center, or successor, at a duty station greater than 50 miles from the facility, that local union will be allotted 25% official time at that duty station. There shall be no reduction in the official time allocation due to a merger. When mergers occur, the official time carried over from the local union’s allocation shall not be less than the combined total of the local union’s allocation prior to the merger. For local unions already above the minimum amount of official time described above, existing local agreements and past practices regarding official time on the effective date of this Master Agreement shall continue in full force and effect. Local unions that are above the 4.25 will not be able to receive an increase in official time until the number of bargaining unit employees has increased to the level where they are entitled to have an allocation equal to the 4.25 per bargaining unit employee Local unions that are below the 4.25 minimum shall receive their increase in official time allocation no later than 60 days after this Agreement is effective. The allocation shall be based on the number of bargaining unit employees represented by the local union on the date this Agreement is effective. The calculation period to determine the number of bargaining unit members represented by a local union is every six months after this Agreement is in effect. The minimum amounts of official time described in Paragraph A in this Section are not intended to limit the amount of official time that can granted for this purpose is subject to the limitations outlined in Sections 1302 and 1307 of this Article, and must be negotiated by submitted in accordance with the parties locallyprocedures outlined in Section 1303. Where arrangements 1309 Official time will not be granted for transfers Union Officers or Representatives to attend training or information sessions concerning: solicitation of official time among membership and dues; other internal organization business; or representation of the Union representatives are not in effectthe art of collective bargaining negotiations. However, they can if workload permits, the Representative or Officer shall be negotiated locallyallowed to take annual leave to attend such training.