Part B
Title 38 Employees
ARTICLE TITLE PAGE
Preamble 1
1 Recognition and Unit Description 2
2 Union Rights and Representation 2
3 Employee Rights 6
4 Management Rights 9
5 Voluntary Allotment of Union Dues 10
6 Grievance Procedure 12
7 Arbitration 16
8 Bargaining During the Term of Agreement 18
9 Use of Official Facilities and Services 20
10 Suggestion Program 23
11 Professional Advancement and Assignments 23
12 Safety and Health 24
13 Leave 29
14 Pay Checks, Leave Statements and Per Diem 35
15 Proficiency Ratings 36
i
16 Disciplinary and Adverse Actions 37
17 Employee Assistance Program 41
18 Equal Employment Opportunity 43
19 Functional Statements 43
20 Workweeks, Hours of Work, Flexitime 44
21 Overtime 45
22 Staffing Adjustments 46
23 Out Placement 46
24 Training 47
25 LMR Training 48
26 Orientation of New Employees 49
27 Probationary Period Employees 50
28 Sexual Harassment 50
29 Role of the Registered Nurse 51
30 Child Care 51
31 Miscellaneous Provisions 52
32 Duration 53
Appendix A App. I-1
ii
PART B
Department of Veterans Affairs
and the
National Federation of Federal
Employees
PREAMBLE
Pursuant to 5 USC Chapter 71, regarding Federal Labor-Management
Relations, the following Articles of this National Agreement, together with
any and all supplemental agreements and/or amendments which may be agreed to
at later dates or by the representatives of the parties at the local level,
constitute a total agreement by and between the Department of Veterans
Affairs (the Employer), and the National Federation of Federal Employees
(the Union), Council of Consolidated Veterans Administration Locals (the
Council), for the employees in the units described in Appendix A.
This Agreement is entered into pursuant to Title II of Public Law 102-40,
the "Department of Veterans Affairs Labor Relations Improvement Act of 1991,
5 USC Chapter 71, and the Certification of Consolidation of Units, FLRA Case
3-UC-11, dated October 1, 1981.
WHEREAS, the well-being of the employees and efficient administration of
the Government are benefited by providing employees an opportunity to
participate in the formulation and implementation of personnel policies and
practices affecting the conditions of their employment;
WHEREAS, collective bargaining through the Union -
(A) safeguards the public interest,
(B) contributes to the effective conduct of public business,
(C) facilitates and encourages the amicable settlements of disputes
between employees and their employers involving conditions of employment;
WHEREAS, the public interest demands the highest standards of employee
performance and the continued development and implementation of modern and
progressive work practices to facilitate and improve employee performance
and the efficient accomplishment of the operations of the Government;
WHEREAS, this Agreement promotes the ease and efficiency of the
Employer's operation;
NOW, THEREFORE, the parties to this
Agreement, intending to be bound hereby, agree as follows:
ARTICLE 1
RECOGNITION AND UNIT
DESCRIPTION
Section 1 - Recognition
The Employer recognizes that the National
Federation of Federal Employees, Veterans Administration Council is the
exclusive representative of all employees in the consolidated units
described in FLRA Case No. 3-UC-11.
ARTICLE 2
UNION RIGHTS AND
REPRESENTATION
Section 1 - The Union is the exclusive representative of the
employees in the bargaining unit and is entitled to act for and negotiate
agreements covering all of the employees in the bargaining unit. Management
will not communicate directly with employees regarding changes to conditions
of employment for which there is an obligation to bargain.
A. The Employer agrees to respect the rights of the Union and to
meet jointly and negotiate with the Union, when requested, regarding
formulation and implementation of any new policy or change in existing
policy affecting employees or their conditions of employment, except where a
policy concerns any matter arising out of those areas excluded from
collective bargaining as directed in 38 U.S.C. Section 7422: Specifically
excluded is any matter or question concerning or arising out of (1)
professional conduct or competence (defined as direct patient care or
clinical competence), (2) peer review, or (3) the establishment,
determination, or adjustment of employee compensation.
B. The Union, in consonance with its right to represent, has a right to
propose new policy, changes in policy, or resolutions to problems in
accordance with Article 8 Section 2. This right shall apply at all levels of
management within the agency and the labor organization starting with the
Steward and first level supervisor. Representation will normally occur at
the lowest level at which a matter can be resolved, and the initial point of
contact will normally be the lowest level management official and Union
official having responsibility and authority to act. If either party at the
initial contact feels resolution of a matter is outside its jurisdiction,
the matter shall be referred immediately to the next higher level.
C. The Union has the exclusive right to represent employees in presenting
grievances under the negotiated grievance procedure in this agreement. An
employee or group of employees may present a grievance themselves without
representation by the Union provided that the local is a party to all
discussions and the grievance processing. The adjustment must be consistent
with the terms of this agreement.
D. Consistent with law, government-wide regulations and this agreement,
the Union has the right to represent an employee or a group of employees in
presenting complaints.
E. The Union has the right to have a representative present at all
discussions between the Employer and an employee or employees, held in the
course of proceedings conducted to resolve complaints or grievances
submitted by a member of the Unit. The Employer will notify the Local
President or designee before such discussions are held. The NFFE shall
normally be allowed up to twenty-four (24) hours to provide a
representative. The representative shall be permitted to present the views
of the Local during the discussions.
Section 2 - Management agrees to recognize Union representatives
including National Federation of Federal Employees VA Council and local
union and national office officials. The Council will supply VA Central
Office in writing, and will maintain on a current basis, a list of officers.
The Union at the facility level will supply the Personnel Officer a written
list of officers and stewards and will maintain it on a current basis.
Section 3
A. The Union will be given the opportunity to be represented at any
formal discussion under 7114 (a)(2)(A) between one or more representatives
of the Department and one or more employees in the unit or their
representatives concerning any grievance or any personnel policy or
practices or other general condition of employment.
B. The Union shall be given the opportunity to be represented under 7114
(a)(2)(B) at any examination of an employee in the unit by a representative
of the Department in connection with an investigation if: (1) the employee
reasonably believes that the examination may result in disciplinary action
against the employee; and (2) the employee requests representation.
C. The parties agree that mission accomplishment is of primary concern to
both, and that improved communication and cooperation between the parties
can contribute to the solution of mutual problems, and improved employee
relations. Representatives of each party will meet as agreed locally to
discuss labor-management issues but not less than once a year. Each party
shall submit a list of subjects they wish to discuss normally 10 days in
advance of the meeting. Summary minutes, reflecting items discussed shall be
furnished the Union by the Employer. The union will specify accuracy by
signing the minutes. These meetings will be conducted during regular duty
hours, with Union representatives authorized official time if otherwise in a
duty status. Additional arrangements concerning these meetings may be
negotiated at the local level.
Section 4 - A union representative wishing to use official time
will notify his/her immediate supervisor. Such release will not be
arbitrarily withheld. The supervisor must be advised of the general purpose
of the request (whether the issue is a grievance, negotiations,
investigation of a complaint, EEO, etc.), how the representative may be
contacted and the estimated time of return. If the union representative will
be delayed beyond the estimated time, he/she will notify the immediate
supervisor to request additional needed time. The supervisor will also be
notified of the return. If release is not possible at the time requested,
due to a work requirement which is pressing, the representative will be
released as soon as possible thereafter. If there is an operational
necessity that prevents the representative from being released immediately,
arrangements will be made for the employee to be released normally within
the next tour of duty, or the Union may opt to assign another
representative. All grievance time frames and meetings with employees shall
be delayed if delay in granting the requested permission to leave causes
either to be missed. Union representatives will be allowed a reasonable
amount of time to notify the Union when they are assigned to a workplace
other than their normally assigned workplace and they need to keep the union
informed of their whereabouts.
Section 5 - There shall be no restraint, coercion, or
discrimination against any union official because of the performance of
duties in consonance with this Agreement and the Act, or against any
employee for filing a complaint or acting as a witness under the Agreement,
the Act, or applicable regulations.
Section 6 - The Department agrees to meet with the VA Council
Officers annually to discuss Union views on items of concern and agrees to
review those items that cannot be resolved at the meeting.
A. During years in which the Council does not hold its convention, the
parties will meet in Washington. The Council shall request the meeting, with
a preliminary agenda, at least four (4) weeks in advance so that
arrangements can be made for the Council officers' absence from their
duties. The Department will provide official time, if otherwise in a duty
status, and travel and per diem expenses for up to ten (10) Council officers
who are VA employees. The meeting will not exceed one day unless through
mutual agreement it is extended.
B. During convention years, Management agrees to meet with the Council
Officers (up to 10) on the day prior to the beginning of the Council
convention. The ten (10) Council officers attending this meeting will be
provided excused absences, if otherwise in a duty status, for the day of
this meeting.
Other VA employees may attend the meeting but they will not be provided
official time under this section. Management agrees to make every effort to
arrange schedules so as to allow the ten (10) designated Council
representatives to take annual leave, excused leave or leave without pay as
appropriate during the convention and annual meeting years to the extent the
workload allows. The ten (10) representatives should notify management
sufficiently in advance so that suitable scheduling can be arranged.
Section 7
A. Internal Union business will be conducted during the non-duty hours of
the employees involved.
B. Each local shall be allowed two membership drives not to exceed 15
work days each per calendar year. Such drives are not in addition to those
previously agreed to under the Master Agreement covering Title 5 employees.
These membership drives can be conducted at times available to all
employees. Requests for the equipment and facilities needed will be directed
to the facility director or designee at least (10) ten work days prior to
the commencement of the membership drive(s). Details regarding space,
equipment, use of facilities, and other related matters are proper subjects
for local supplementary negotiations.
Section 8 -The Union shall be entitled to receive, upon request,
and to the extent not prohibited by law, data:
A. which is normally maintained by management in the regular course of
business;
B. which is reasonably available and necessary for full and proper
discussion, understanding and negotiation of subjects within the scope of
collective bargaining; and
C. which does not constitute guidance, advice, counsel, or training
provided for management officials or supervisors relating to collective
bargaining.
Section 9 - Official Time for Council Officers - The
purpose of this Section is to authorize official time for any Title 38
employee designated as a Council Officer. Official time is authorized for
designated Council Officers to perform council-level representation duties
as follows:
- Council President-up to 16 hours per pay period,
B. 8 Council Vice-Presidents up to 8 hours per period,
C. Secretary-Treasurer up to 8 hours per pay period.
These officers must work out mutually agreeable arrangements for their
official time with local management.
Section 10
A. The designated union representatives will be placed on duty during
negotiations. Such schedule changes may be made without regard to contract
provisions on hours of duty. No overtime will be authorized for
negotiations. This shall include time to present matters to the Federal
Mediation and Conciliation service, the Federal Service Impasses Panel, and
the Federal Labor Relations Authority, and the courts as necessary. Local
union officials and Stewards may use reasonable time to prepare for
negotiations.
B. The Steward or Local official may use reasonable time to receive,
investigate, prepare and present employee complaints, grievances or appeals
(including but not limited to EEO, OWCP and FLRA appeals where applicable)
during duty hours. The amount of time allowed will depend on the facts and
circumstances of each case -- e.g., number and nature of allegations, number
and complexity of supporting specifics, the volume of supporting evidence,
and the availability of documents and witnesses.
C. 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.
Section 11 - NFFE representatives will be permitted to wear
identifying name plates to include name and official capacity, and Union
insignia where the wearing of name tags is otherwise permitted.
Section 12 - Union representatives on official time for
representational duties will be afforded an area of privacy when meeting
with unit employees. The Employer will assist in providing such privacy
within or in the close proximity of the employee's work area.
Section 13 - Authorized Official Time - NFFE officers and
officials, including Stewards, shall be permitted a reasonable amount of
official time to represent employees in accordance with this agreement. The
local parties may negotiate concerning coverage in the Union office. A
reasonable amount of official time will be provided for preparing reports
required under 5 U.S.C. 7120.
Section 14 - If the Employer has or
establishes a task force or work group dealing with conditions of employment
affecting bargaining unit employees, the Union will be given the opportunity
to designate a representative and negotiate as appropriate.
ARTICLE 3
EMPLOYEE RIGHTS
Section 1 - Employees in the unit shall be protected in the
exercise of their rights, freely and without fear of penalty or reprisal, to
form, join, and assist the Union, or to refrain from such activity. This
agreement does not prevent any employee, regardless of employee organization
membership, from bringing matters of personal concern to the attention of
appropriate officials in accordance with applicable laws, regulations or
agency policies. Nothing in this agreement shall abrogate any employee's
right or require an employee to become or to remain a member of a labor
organization except pursuant to a voluntary, written authorization by a
member for the payment of dues through payroll deductions. The initiation of
a grievance, statutory appeal procedure or other applicable procedure for
redressing wrongs to an employee will not cause any reflection on his/her
standing with his/her supervisor or on his/her loyalty or desirability to
the organization.
Section 2 - An employee may be represented by an attorney or
representative other than the Union, of the employee's own choosing, in any
appeal action not under the negotiated grievance procedure. The employee may
exercise grievance or appeal rights which are established by law, rule, or
regulation.
Section 3 - Employees will be notified of any significant changes
in VA regulations or policies that affect their working conditions. Copies
of written agreements with the Union negotiated at the local level will be
distributed to all affected employees.
.
Section 4 - Recognizing that significant improvements have been
achieved by local officials when they have developed cooperative programs,
both parties to this agreement encourage such endeavors which invite
employee participation in the pursuit of improvement initiatives. These
efforts are not to be construed as a change in the Union's rights as the
exclusive representative, nor as revoking existing policies and procedures.
Details for these programs are proper subjects for local supplementary
negotiations.
Section 5 - Management is obligated to keep employees informed of
rules, regulations and policies under which they are obligated to operate
including their job duties. To assist employees in the performance of their
work, VA manuals normally will be available to employees during working
hours. Details concerning access will be arranged at the local level.
Section 6 - No employee will be discriminated against by either
the Employer or the Union because of race, color, creed, religion, sex,
national origin, age, marital status, physical handicap or lawful political
affiliation.
Section 7 - All Department of Veterans Affairs employees deserve
to be treated with common courtesy and consideration warranted in an
employer-employee relationship by supervisors and management officials.
Section 8 - An employee may request permission to contact a union
representative during the employee's duty hours on official time concerning
a representational matter but must first inform and receive permission from
his/her supervisor. If the employee wishes to meet with a union
representative, the immediate supervisor will be advised of the general
purpose of the request (representation on a complaint, statutory appeal,
negotiations, etc), how the employee may be contacted and the estimated time
of return. If release is not possible at the time requested due to staffing
or work requirements, the employee will be released as soon as possible
thereafter but normally within the employee's next scheduled work shift. If
released and the employee will be delayed beyond the estimated time, he/she
will notify the immediate supervisor to request additional needed time. The
employee will notify the supervisor of his/her return.
Section 9 - The parties support such community and public service
activities as the annual Combined Federal Campaign and Savings Bond Drives.
It is recognized that employee participation in these activities is strictly
voluntary.
Section 10 - Counseling and warning sessions involving unit
employees will be conducted privately to avoid embarrassment of the
employee. Official information pertaining to individual employees shall be
maintained in accordance with applicable law and regulation.
Section 11 - Consistent with law and regulation, the
Government will provide legal representation for employees against whom suit
is brought in a civil or criminal court based upon activities alleged to be
within the scope of their official duties and will assume financial
liability for all monies awarded to claimants as a result of activities
found to be within the scope of such official duties. Upon request,
management agrees to provide information and guidance to employees who are
considering or making a request for legal representation.
Section 12 - Employees may be authorized the reasonable use of the
telephone at the work place for personal calls if it does not adversely
affect the performance of official duties by the employee or the employee's
organization, if it is of reasonable duration and frequency, and if the call
can not be made at another time. The use of the commercial long distance
network must not only be consistent with the above criteria but must not
result in a charge to the government.
Section 13 - The Employer shall take such action consistent with
law or regulation, as may be required, in order to inform employees of their
rights as prescribed in 5 U.S.C. Chapter 71 and this Article.
Section 14 - An employee is accountable only for the performance
of assigned duties and compliance with standards of conduct for Federal
employees. Within this context, the Employer affirms the right of an
employee to conduct his or her private life as he or she deems fit.
Employees shall have the right to engage in activities of their own
choosing, except as prohibited by law, Government-wide or VA regulation,
without being required to report to the Employer on such activities.
Section 15 - Management recognizes the employee's right to
assistance in representation by the union and to discuss any concern with
union representatives in private during duty time consistent with Section 8
of this Article. Consistent with section 2 of this Article, employees who
represent themselves will be afforded a reasonable amount of duty time to
prepare and file complaints.
Section 16 - The Employer shall inform employees of their right to
be represented by the NFFE immediately prior to conducting an examination of
the employee by a representative of the Employer in connection with an
investigation.
Section 17 - Employees will not be precluded from presenting their
views to officials of the executive branch, the Congress, or other
appropriate authority.
Section 18 - Employees have the right to:
A. Working conditions that are safe and healthful.
B. In service training normally considered necessary to insure
satisfactory job performance.
C. Express themselves concerning improvement of work methods and working
conditions.
D. Discuss their problems with the personnel office, Equal Employment
Opportunity Specialist or Counselor, Union representative, employee
assistance office, and/or a person designated to provide guidance on
questions of conflict of interest.
E. Be informed of what is expected of them, to whom they are directly
responsible and what is expected of them in their work relationships with
their fellow employees.
F. Privacy in every way consistent with law, regulations and this
Agreement.
Section 19 - Miscellaneous
A. Personnel who work with food or do dirty work or are required to wear
uniforms or protective clothing will be allowed reasonable official time for
changing, acquiring or returning equipment, cleaning the area and washing up
as needed.
B. Consistent with applicable laws, rules and regulations, the Employer
agrees to bear the full expense of all special equipment and special
clothing the employer requires employees to use in performing their duties.
C. The Employer will not normally conduct a search of an employee's
personal effects without permission. In the event of a search, except in
emergency situations, the employee may request a NFFE representative to be
present.
D. Employees will be permitted to review and be provided a copy of (up to
ten pages) of any agency/activity regulation on duty time, and at no cost to
the employee.
E. Employees who receive a final decision
resulting in discipline or a major adverse action will be provided with a
copy of 38 USC 7462 and the VA policy and procedures detailing their appeal
rights.
ARTICLE 4
MANAGEMENT RIGHTS
Section 1
Subject to Section 2 of this Article, nothing in this Agreement shall
affect the authority of any management official:
A. To determine the mission, budget, organization, number of employees,
and internal security practices of the Agency; and
B. In accordance with applicable laws:
(1) To hire, assign, direct,
lay off, and retain employees in the Agency, or to suspend, remove, reduce
in grade or pay, or take other disciplinary action against such employees;
(2) To assign work, to make determinations with respect
to contracting out,
and to determine the personnel by which Agency operations shall be
conducted;
(3) With respect to filling
positions, to make selections for appointments from any appropriate source;
and
1.
To take whatever actions may be necessary to carry out the Agency
mission during emergencies.
Section 2
Nothing in this Article shall
preclude the Agency and the Union from negotiating:
(1) at the election of the Agency , on the numbers, types and grades of
employees or positions assigned to any organizational subdivision, work
project, or tour of duty, or on the technology, methods, and means of
performing work;
(2) Procedures which management officials of the Agency will observe in
exercising any authority under this Article; or
(3) Appropriate arrangements for employees
adversely affected by the exercise of any authority under this Article by
such management officials.
ARTICLE 5
VOLUNTARY ALLOTMENT OF UNION
DUES
Section 1 - Any employee of the Department of Veterans Affairs who
is a member of the NFFE and is included in the consolidated bargaining unit
covered by this agreement may make a voluntary allotment for the payment of
dues to the NFFE.
Section 2 - An employee who wants his/her union dues withheld by
payroll deduction shall obtain an SF-1187, "Request and Authorization for
Voluntary Allotment of Compensation for Payment of Employee Organization
Dues," from NFFE and file it with the designated NFFE representative, who
will forward it to the Personnel Office for certification of eligibility for
dues withholding and for transmittal to the appropriate payroll office. The
allotment shall become effective on the first full pay period following
receipt by Personnel. The employee shall be instructed by NFFE to complete
Part A and B. No other number must appear in the block provided as
"Identification Number" except the employee's social security number.
Section 3 - Deductions will be made each pay period by the
Department of Veterans Affairs and remittance will be made by one check each
pay period to the national office of the NFFE. Remittances shall be
accompanied by a listing, in duplicate, for each pay period, showing the
names of the member employees from whose pay dues were withheld and the
amount withheld. The listing will be segregated by individual field stations
with a sub-total for each station. The listing shall include the station
code number for identification purposes. It will be summarized to show the
number of members for whom dues were withheld and the total amount withheld.
Each list will also include the name of each employee member who previously
made an allotment for whom no deductions were made whether due to leave
without pay or other cause. If NFFE develops a computerized system for dues
withholding, the parties will meet to determine if the VA can furnish dues
deduction information in a compatible format.
Section 4 - It is agreed that part A of SF-1187, including the
insertion of code numbers of the NFFE and the appropriate Local number, will
be executed by the financial officer of the Local to which the employee
member belongs or the National Secretary-Treasurer of NFFE. The amount so
certified shall be the amount of the regular dues to be withheld from the
employee's pay each pay period. One standard amount for all employees or
different amounts of dues for different employees may be specified. The
President or other authorized official of the local union will notify the
payroll servicing officer in writing prior to the time when the Local's dues
structure or amount changes. The change shall be effected at the beginning
of the first full pay period after notification is given to the payroll
servicing officer. Such a change may not be effected more than two (2) times
in any calendar year.
Section 5 - The payroll office of the VA will terminate an
allotment at the end of the pay period in which any of the following occurs:
A. Receipt of notice that exclusive recognition has been withdrawn.
B. An employee is separated from the Department of Veterans Affairs.
C. The payroll office receives notice from the Local or Council that the
employee has ceased to be a member in good standing.
D. An employee leaves the unit of exclusive recognition. In the event the
Union disagrees that an employee is no longer in the Unit and they file a
unit clarification petition, the employee's dues will continue to be
withheld pending a decision on the petition.
E. Annually on the anniversary date of the employee's dues authorization
(SF-187), when the payroll office receives notice of the employee's
revocation (SF-1188). The employee must revoke the dues withholding during
the ten (10) calendar day period immediately preceding the anniversary date
of the authorization.
Section 6 - The financial officer of the NFFE Local to which the
employee belongs will notify the Department of Veterans Affairs payroll
officer within five working days after the employee ceases to be a member in
good standing of the NFFE. Any written revocation of allotment authorization
received by the local to which the employee belongs will be sent within
three days after it is received to the appropriate Department of Veterans
Affairs payroll office. The VA payroll office will send the local financial
officer of NFFE a copy of each written revocation of an authorization which
it receives.
Section 7 - Employees on dues
withholding, who are reassigned from one VA facility to another, but remain
in the consolidated unit of recognition, will continue on dues withholding.
Upon arrival at the new facility, the dues withholding will be remitted to
the new local at the receiving facility at the rate being withheld at the
prior station until the fiscal office at the new facility receives a
notification of a change of rate from the designated union official.
ARTICLE 6
GRIEVANCE PROCEDURE
Section 1 - Common Goals
The Employer and the Union recognize the importance of settling
disagreements and disputes promptly, fairly, and in an orderly manner that
will maintain the self respect of the employee and be consistent with the
principles of good management. To accomplish this, every effort will be made
to settle grievances expeditiously and at the lowest level of supervision.
Section 2 - Scope
Grievance means any complaint, by any employee, concerning any matter
relating to the employment of the employee; by the Union concerning any
matter relating to the employment of any employee; or by any employee, the
Union, or the Department concerning the effect or interpretation, or a claim
of breach, of a collective bargaining agreement including supplemental
agreements; or any claimed violation, misinterpretation, or misapplication
of any law, rule, or regulation affecting conditions of employment.
This grievance procedure does not apply to:
a) any claimed violation of 5
USC, Chapter 73, subchapter III, relating to prohibited political
activities;
b) retirement, life insurance, or health
insurance;
c) a suspension or removal under 5 USC 7532;
d) any examination, certification, or
appointment;
e) proposed disciplinary/adverse actions;
f) removal of probationary employees;
g) any matter or question concerning or arising
out of professional conduct or competence (defined as direct patient care or
clinical competence) ; peer review; or the establishment, determination, or
adjustment of compensation under Title 38.
Section 3 -
An employee who alleges a prohibited personnel practice under 5 U.S.C.
2302(b)(1) (relating to equal opportunity violations) may either:
- File a grievance pursuant to this Article within
45 calendar days following;
1.
The date of the alleged discriminatory incident;
2.
The date upon which the aggrieved became aware of the alleged
discriminatory incident or situation; or,
- Initiate an action under the EEO complaint
procedure by filing a formal complaint of discrimination. An employee
shall be deemed to have exercised his option under this section when the
employee files a timely written formal appeal under the EEO procedure or
files a grievance in writing under the negotiated grievance procedure.
Section 4 - A grievance may be undertaken by the
NFFE Veterans Administration Council, by a NFFE Local, by an employee or a
group of employees or management. Employees in such grievances may be
represented by a NFFE Local, the NFFE Council or a NFFE representative. Any
employee or group of employees may personally present a grievance and have
it adjusted without representation by the Union. The Union will be given an
opportunity by management to be present at all discussions with the employee
concerning the grievance. A reasonable amount of time during working hours
will be allowed for employees and the union representative to prepare,
discuss and present grievances under this procedure, but normally no time
for inter-facility travel or travel or per diem expenses will be authorized
for these representational activities. Any such resolution must be
consistent with the terms of this agreement and supplemental agreements. In
exercising their rights to present a grievance, employees and their
representative(s) will be free from restraint, coercion, discrimination or
reprisal.
Section 5 - Employees and/or their representative(s) are
encouraged to discuss issues of concern to them informally with their
supervisors at any time. Likewise, employees and/or their representative(s)
may request to talk with other appropriate officials about items of concern
without filing a formal grievance if they choose.
Section 6 - The following procedures are established for the
resolution of grievances by an employee or group of employees or a NFFE
Local:
A. Step One: The issue shall first be taken up by the grievant (and
representative or steward, if he/she elects to have one) with the employee's
immediate supervisor or the lowest level management official with authority
to render a decision. The Step One grievance will be initiated in writing if
not settled informally, with the Service Chief or designee within 30
calendar days of the incident that gave rise to the grievance, unless the
grievant could not reasonably be expected to be aware of the incident by
such time. In that case, the grievance must be initiated within 30 calendar
days of the date that the grievant became aware of the incident. A grievance
concerning a continuing practice or condition may be initiated at any time.
In the case of disciplinary or adverse action, a grievance must be initiated
within 30 calendar days of receipt of the written decision from the deciding
official. Either party may request that a meeting be held on the matter. If
the grievant wishes a meeting, the request will be included in the written
grievance. If such a meeting is requested, it will be held prior to the
decision. A decision will be given to the grievant in writing within ten
(10) calendar days after presentation of the grievance or after the meeting
if one is requested. Every effort shall be made to insure that the decision
is clearly communicated and understood. Included with such decision shall be
a written statement indicating the grievant's right to submit a grievance to
Step Two.
B. Step Two: If the grievant is dissatisfied with the decision given in
Step One, the grievant (and/or his/her representative) may submit the
grievance in writing to the Director of the VA facility where the grievance
originated within ten (10) calendar days after receipt of the decision on
the Step One grievance. The Director or his/her designee will furnish the
employee with a written acknowledgment of receipt. The Director or his/her
designee will meet with the aggrieved employee if requested and a written
decision will be given to the grievant within 14 calendar days after
presentation of the grievance or after the meeting if one is requested.
Included with such decision shall be the reasons for the decision and a
statement indicating the grievant's right to request the Union to advance
the grievance to arbitration.
C. The parties may mutually agree to refer a grievance to
mediation prior to going to arbitration. In such case, the request for
mediation must be made to the other party within 10 days of the final
decision in Step 2. A joint request to FMCS will be made within 7 days of
this request if both parties agree to proceed. Mediation should be scheduled
as soon as possible, but not later than 30 days after the request unless by
mutual agreement. If the attempt at mediation is not successful, the time
frame for requesting arbitration will begin the day following the final
mediation hearing date. All parties will be on official time during the
mediation process.
Section 7 - The parties may mutually agree to extend any time
limits of this procedure. If the due date at any stage falls on a Saturday,
Sunday, or a government holiday, the due date shall be the next business
day. Management agrees to respond to grievances within the agreed to time
period. However, if in any case Management is unable to do so, the grievant
will be notified of the reasons for any delay and an extension of time will
be requested. The grievant will have the option of proceeding to the next
step of the grievance procedure or granting an extension of time. If the
next step is arbitration and Management does not reasonably justify the
delay, the remedy sought shall be immediately granted if the employee has a
written acknowledgment of receipt and the remedy is legal and reasonable
under the circumstances of grievance. If the grievant fails to pursue a
grievance within the prescribed or extended time limit, the grievance may be
considered resolved in the last step unless the grievant is able to
reasonably justify his/her failure to meet the time limits.
Section 8 - If a grievance is against a central office official,
the grievance may be filed initially at Step 1 with a higher level official
designated to act on the grievance and at step 2 with the applicable Under
Secretary or Administration Head or designee.
Section 9 - At any step of the negotiated grievance procedure,
when any management deciding official designates someone to act on his/her
behalf, that designee will have complete authority to render a decision at
that step and will render the decision. The designee will never be someone
who decided the issue at any previous step.
Section 10 - It is agreed that when a group has an identical
grievance, it will be considered in the same manner as an individual
complaint of one employee and the decision will be binding on all identical
cases.
Section 11
A. A grievance affecting more than one facility must be brought by the VA
Council within 30 calendar days of an incident (or awareness of an incident)
which gave rise to the grievance. A grievance concerning a continuing
practice or condition may be brought at any time.
B. The appropriate decision official for these grievances will be the
designated representative of VA Central Office.
C. The VA Central Office designee will render a written decision within
30 calendar days of receipt.
Section 12 - VA Central Office may file a grievance with the
President of the NFFE Council. Facility Directors may file a grievance with
a local NFFE President. Grievances must be initiated in writing within 30
calendar days of when they knew or should have known of the incident which
gave rise to the grievance. A grievance concerning a continuing practice or
condition must be brought within 30 calendar days after the Employer knew
or should have known of the practice. The Veterans Administration NFFE
Council or NFFE Local will have 30 calendar days from receipt of the
grievance in which to render a decision in writing.
Section 13 - If either party
declares a grievance non-grievable or arbitrable, the original grievance
shall be considered amended to include this issue. The employer agrees to
raise any question of grievability or arbitrability of a grievance no later
than the time the Step Two decision is given. If management alleges a matter
is excluded under 38 U.S.C. 7422, the issue will not be referred to
arbitration but the union may appeal through the appropriate forum. If
arbitration is invoked, all disputes of grievability or arbitrability shall
be referred to the arbitrator as a threshold issue in the related grievance.
ARTICLE 7
ARBITRATION
Section 1 - If the decision on a grievance processed under the
negotiated grievance procedure is not satisfactory, the local Union or NFFE
VA Council, either as grievant or as representative of the employee
grievant(s), or the Department of Veterans Affairs or a Department
subordinate unit, as grievant, may refer the issue to arbitration. The
notice referring an issue to arbitration must be in writing, signed by the
local union president or NFFE VA Council President (for the Union), or
signed by a facility Director or by a designated VA Central Office official
(for Management). The notice must be submitted to the other party within
thirty (30) calendar days following receipt of the decision by the aggrieved
party or within thirty (30) calendar days of the date a decision was due,
whichever is earlier. Only the Union or Management may invoke arbitration.
No employee may individually bring a grievance to arbitration without the
Union's sanction. Issues which were not raised during the steps of the
grievance procedure will not be raised at the arbitration.
Section 2
A. Within seven (7) calendar days from the date of the request for
arbitration, the parties shall jointly request the Federal Mediation and
Conciliation Service to provide a list of five (5) impartial persons
qualified to act as arbitrator. If either party refuses to participate in
the submission, the other party may make the request. Within fifteen (15)
calendar days after receipt of such list the employer and the local union
and/or the Council shall meet to select the arbitrator. If the parties
cannot agree on an arbitrator from the list, each party shall strike one
name in turn from the list. The party who wins on a flip of the coin shall
strike the first name. After each party has struck two names from the list,
the remaining person shall be the arbitrator. If either party refuses to
participate in the selection process, the other party will make a selection
of an arbitrator from the list.
B. Following the selection of an arbitrator the moving party will within
five (5) calendar days notify the Federal Mediation and Conciliation Service
as to the name of the arbitrator selected. A copy of the notification will
be served upon the other party.
Section 3
A. The arbitrator’s fees and expenses shall be proportionally accessed as
determined by the arbitrator based upon his/her decision on all the issues.
Any extra expenses such as transcripts will be paid for by the requesting
party unless it is mutually requested.
B. An employee who is found to have been affected by an unjustified or
unwarranted personnel action which has resulted in the withdrawal or
reduction of all or part of the pay, allowances, or differentials of the
employee is entitled, on correction of the personnel action, to receive
reasonable attorney and paralegal fees.
Section 4
A. Upon selection of the arbitrator in a particular case, the respective
representatives for the parties will communicate with the arbitrator and
each other in order to select a mutually agreeable date for the arbitration
hearing. The parties will endeavor to schedule the hearing within thirty
(30) days after arbitration is invoked. The parties will attempt to submit a
joint submission of the issue(s) to the arbitrator. If the parties fail to
agree on a joint submission, each shall make a separate submission and the
arbitrator shall determine the issue or issues to be heard. Nothing in this
Agreement shall preclude the parties from resolving the grievance during any
of these meetings.
B. The parties agree that the primary purpose of this arbitration
procedure is to provide a swift and economical method of resolving disputes
fairly and equitably. The arbitrator shall have the authority to take steps
necessary to see that the purpose is fulfilled including the following:
(1) Any hearing shall be informal.
(2) There shall be no formal rules of evidence.
(3) The parties may mutually agree to direct the arbitrator to simplify
or eliminate a written opinion.
(4) When both parties agree to the facts at issue and agree that a
hearing would serve no purpose they will stipulate the facts in writing to
the arbitrator with a request for a decision based upon the facts presented
and a summary brief by each party.
C. The arbitration hearing or inquiry shall be held on the local
Employer's premises, or in Washington, DC for cases at the Council level,
unless the parties mutually agree to another site, during the regular day
shift work hours of the basic work week. The duty status of participants in
an arbitration proceeding shall be consistent with the following:
(1) The grievant and the representative shall be excused from duty during
the arbitration proceeding. If their tour of duty is other than the regular
day shift, they will be temporarily placed on the day shift on the day of
the arbitration proceeding. It is understood that workload and staffing
needs may not always permit all grievants in a group grievance to attend the
arbitration proceeding at one time. In such cases, management, whenever
possible, will arrange the schedules of the grievants necessary to attend
and properly present the case and will make a reasonable effort to
accommodate the equitable rotation of the other grievants;
(2) At least fourteen calendar days prior to the arbitration hearing the
parties will exchange their witness lists and inform the other party as to
who their representative will be. These lists may not be amended except in
the event of unforeseen circumstances such as sudden unavailability of a
witness or the identification of other witnesses found to have additional
information.
(3) All witnesses necessary at the arbitration will be excused on
official time if otherwise in a duty status provided management received at
least 14 calendar days notice. In addition, upon at least fourteen calendar
days notice, Management will rearrange necessary witnesses' schedules and
place them on duty during the arbitration hearing when the witnesses agree
to such changes. Such schedule changes may be made without regard to
contract provisions on hours of duty. The release of any witness not
originally listed will be dependent on staffing and workload requirements.
D. Normally no travel time for inter-facility travel or travel and per
diem expenses will be authorized for the grievant, the grievant's
representative, or witnesses called by the Union. If such is authorized for
management's witnesses, it will also be for the Union's witnesses, provided
they are VA employees.
Section 5 - The arbitrator will be requested to render his/her
decision within thirty (30) days.
Section 6 - The arbitrator's
decision(s) shall be final and binding subject to review as provided by 5
U.S.C. Chapter 71. Either party may appeal the arbitrator's award to the
Federal Labor Relations Authority in accordance with FLRA regulations or,
where applicable to the U.S. Court of Claims, U.S. Court of Appeals, or the
EEOC. However, any dispute over the interpretation of the arbitrator's award
shall be returned to the arbitrator for settlement, including remanded
awards.
ARTICLE 8
BARGAINING DURING THE TERM OF
THE AGREEMENT
Section 1 - This Master Agreement shall constitute the master
labor agreement between the parties. To the extent that directives within
the discretion of VA management may be in conflict with this agreement, the
provisions of the agreement will govern. Any supplemental/local agreement in
existence at the time of the signing of this agreement will continue for up
to 120 days from the date of approval of this Master Agreement or until the
local parties have negotiated a new supplemental agreement, whichever is
first, provided the provisions of the existing agreement do not conflict
with this agreement or law.
Section 2
- National Level Bargaining -
Proposed changes affecting personnel policies,
practices or conditions of employment not excluded from collective
bargaining by 38 USC 7422(b) which affect more than one station or originate
above the facility level will be forwarded to each local in writing to
provide them an opportunity to bargain, as appropriate, before local
implementation. A copy of any material sent to the National NFFE Office
under National Consultation Rights will also be sent to the Council
President with 30 days from date of receipt to review and respond. When the
Council bargains on behalf of all the Locals the parties will first make a
good faith effort to reach agreement by conducting telephone negotiations,
scheduled in advance. Such negotiations will begin no later than 10 work
days after the union spokesperson receives management's counter-proposals.
Telephone negotiations shall normally be on consecutive days until the
negotiations are concluded. If the parties are unable to reach agreement,
face to face negotiations shall be set at a mutually agreed upon date and
location. The Union will be provided official time, per diem and travel for
union negotiators up to the number of representatives Management designates
for the bargaining, but not less than two.
- Local Level Bargaining -
1.
Local Managment will submit, in writing, proposed changes which are
initiated at or below the facility level or under A above, affecting
personnel policies, practices or conditions of employment which are not in
conflict with the Master Agreement or the local supplemental agreement,
which are initiated at or below the facility level to the Local Union
President or his/her designee prior to implementation. The Local Union shall
be given 15 calendar days to request negotiations or agree to the changes.
Written proposals will be submitted at least 5 days prior to negotiations,
unless otherwise mutually agreed. The parties may mutually agree to modify
the time frame. If the Union does not request bargaining within the time
limit, the Employer may implement the proposed change (s). Upon timely
request by the Union, bargaining will normally commence within ten (10)
calendar days, unless otherwise agreed upon by the parties.
2.
The Union may initiate local mid-term bargaining over issues not in
conflict with the master agreement or the local supplemental agreement only
if the local parties have negotiated a supplemental agreement under this
master agreement. In such cases, the Employer shall have 15 calendar days
from the date of receipt of Union initiated proposed changes to conditions
of employment to request negotiations or agree to the proposals. Written
counterproposals will be submitted at least 5 days prior to negotiations to
the Union. Bargaining will normally commence within 10 calendar days, unless
otherwise agreed upon by the parties.
3.
New or changed policy proposals which are agreed to in bargaining
shall be signed by the Local president and the Employer designee for the
respective organizations.
Section 3 - In the event the parties cannot
agree on a negotiable matter and an impasse is reached, either or both
parties may seek the services of the Federal Mediation and Conciliation
Service.
Section 4 - The parties recognize that the interest of both
Management and the Union can be effectively served if many issues of local
concern are reserved for supplemental agreement negotiations between each
facility and the local union. Hence, the parties agree that supplemental
agreements subordinate to this Master Agreement may be negotiated between
the local parties. Such agreements may cover all negotiable matters
regarding conditions of employement insofar as they do not conflict with the
terms of this Master Agreement, law or government-wide regulation.
One supplemental agreement may be negotiated at each Local during the
term of this Agreement. Such supplemental agreement will pertain only to the
local parties where the agreement was negotiated. Supplemental agreements
must be approved or disapproved by the VA Central Office within 30 calendar
days after execution. If no action is taken within the 30 days, the
agreement shall become effective on the 31st day subject to the provisions
of the Master Agreement, law, and government-wide regulations. Any
disapproval must be consistent with 5 U.S.C. 7114(c). If the agreement is
disapproved in whole or in part, it shall be returned to the local parties,
along with an explanation for the action. If a disagreement arises
concerning whether a supplemental proposal is negotiable, management will
upon written request, provide the Union with its reason, in writing, for its
determination and the union may file a negotiability appeal to the FLRA or
the applicable Court of jurisdiction. If a disagreement arises concerning
whether a supplemental agreement conflicts with the Master Agreement, the
issue may be presented to an arbitrator in accordance with Article 7,
Arbitration.
Section 5 - Past practices shall not
be abridged as a result of not being enumerated in this Agreement.
ARTICLE 9
USE OF OFFICIAL FACILITIES
AND SERVICES
Section 1 - Management recognizes the value of a constructive
labor management relationship and the need for the Locals to have use of
adequate office space. Where space is presently being provided to a NFFE
local it will continue. Where space is not presently being provided or is
inadequate, the Local may present proposals concerning office space in
negotiations for a present proposals concerning office space in negotiations
for a supplemental agreement. Each local facility Director will place a high
priority on the availability of a suitable office for the Locals to conduct
their business. Management will provide at a minimum the following
equipment: two locking file cabinets; a desk or table; four chairs and a
telephone line with FTS. The Employer agrees to give each local access to a
word processor, printer and the facility E-mail. Use of E-mail may not be
scurrilous, libelous, or in violation of national security. Also, the union
acknowledges that such use is not confidential and privacy is not insured.
Union officials are authorized to use this system for labor-management
relations matters. Inappropriate use may result in individual terminations
of access. The following conditions will apply to the use of space and
equipment:
A. If the space/and or equipment is required for immediate needs of the
facility, management will give the Union a reasonable advance notice
(normally at least 60 days) and bargain with the union over alternative
arrangements.
- Such use will not injure the space and equipment
in question.
C. That the space and equipment will be subject to the
facility's sanitation and safety inspection program.
D. Conference rooms will be made available when requested in advance.
E The local agrees that the space and equipment will be used only for
Local or Council union business and will ensure that the office is not used
by employees for other purposes. Additional details on the use of office
space and equipment may be negotiated at the individual facility level.
F. The local parties will meet within 30 days to discuss when such space
and equipment will be provided to the Local Union. Normally they will be
provided within 90 days. Management will inform the union of the reason for
any delays. The VA recognizes the importance of the position of Council
President. At the facility where the Council President is located an
additional desk, chair, locking file cabinet and telephone line with FTS
will be provided. Such arrangements will ensure privacy.
Section 2 - The Union at the Local level, or the Council, will be
authorized the use of copying machines, word processors, fax machines, or
typewriters at reasonable times when this equipment is not being used for
normal business. Their use will be limited to communications that are of
mutual benefit, such as those necessary for grievance processing or
communications between the Union and management. This does not prohibit the
Union from being authorized the use of surplus equipment of negotiating
locally for additional access to equipment, including computers.
Section 3 - Current reference and regulatory materials such as the
FPM, VA regulations, VA policies and any locally established policies
affecting unit employees will be made available during normal office hours
upon request. Access during evening and night shifts is an appropriate
subject for local negotiations.
Section 4 - Local union officials may use the facility telephone
service for local intra station labor management activities so long as it
does not interfere with the primary official business of the facility.
Council Officers and the local union presidents or their designees may use
FTS for necessary communications in handling the resolution of issues that
arise between the union and management. Calls are not authorized for issues
that should normally be resolved at the local level but rather for complex
issues or issues having multi-station implications. Each Union official will
be responsible to ensure the use of the system is not abused and that there
is no interference with official activities. The Union official will use the
FTS System in a reasonable, prudent and cost conscious manner. FTS will not
be used for internal-union business or personal calls.
Section 5 - Any local that has not been provided a copy of MP-5
Part II (and, where appropriate, Part I as it pertains to bargaining unit
employees) will be furnished one at their request. A Council Officer will be
provided a copy of MP-5, Part I and II upon request if not working in a
facility where regulations are available. Copies for individual locals will
be ordered by the field station and the local will be responsible for its
assembly and upkeep. Supplements and changes to these manuals will be
provided when received.
Section 6 - The Local, the Council, and its representatives may
use the internal messenger system for regular representational
communications (e.g., grievance correspondence or letters and memoranda to
Management).
Section 7 - Management agrees to arrange for printing of this
agreement . It further agrees to distribute copies of this agreement and any
amendments to each covered employee and to each management official
responsible for its administration. The cost of printing the agreement and
any amendments will be borne by Management. In addition, Management agrees
to provide each Local 25 copies and the VA Council 50 copies of the
Agreement.
Section 8 - At each facility where there are employees covered by
this Agreement, the Union will be provided bulletin boards and/or official
bulletin board space in areas normally used for communicating with
bargaining unit employees. Details for the use and/or numbers of bulletin
boards and/or board space will be negotiated at the individual facility
level. However, on each bulletin board as provided by local negotiations a
minimal space equivalent to two 8 1/2" by 11" sheets of paper will be
reserved for union use. In addition, one bulletin board limited to Union use
will be provided near the entrance to the Local Union Office. It will be
glass enclosed and lockable with key. This language is not intended to
supersede any existing usage of other types of bulletin or billboards that
exceeds the above requirements. The material posted must be clearly
identified as that of the Union and must not be scurrilous or libelous.
Section 9 - Management will provide
timely written notice to the local Union of employees entering or leaving
bargaining unit positions.
ARTICLE 10
SUGGESTION PROGRAM
Section 1 - Management at each facility is responsible for
administering a progressive and sound incentive awards and suggestion
program in accordance with OPM and VA regulations. Special Contribution and
Suggestion Awards will be granted as fairly and equitably as possible in
accordance with VA policy.
Section 2 - The facilities will provide information to all
employees so that they understand the general criteria for Special
Contribution Awards, and the benefits to be derived from the Suggestion
program. The Employer agrees to make suggestion forms accessible to the
employees in the Unit.
Section 3 - The Employer and the Union support and encourage all
employees to participate in the Suggestion Program. It is agreed that every
reasonable effort will be made to process suggestions in an expeditious
manner. Normally, suggestions should be processed within sixty(60) days.
Exceptions to this time frame may be required because of special situations
such as a test period, referral to other outside authority for approval or
review or development of an instruction. The Employer will provide an
employee whose suggestion is not adopted or awarded a copy of the written
evaluation at the time the decision is made. It is agreed that an employee
who encounters unreasonable delays in receiving a final determination of the
adoption or rejection of a suggestion should refer the matter to his/her
immediate supervisor who will in turn make a reasonable effort to resolve
the problem. The Incentive Awards Officer will be available to assist in
these matters.
Section 4 - The Employer and the Union will encourage employees to
discuss prospective suggestions with their immediate supervisor, who will
aid them in ensuring that the suggestion is sufficiently described for
evaluation.
Section 5 - An evaluator may discuss
a suggestion with the suggester if he/she believes doing so will aid him/her
in the evaluation process.
ARTICLE 11
PROFESSIONAL ADVANCEMENT AND
ASSIGNMENTS
Section 1 - The professional standards boards, as
established, will act on advancement for grade promotions for all Title 38
U.S.C. employees. Employees will be considered for promotion to the next
higher grade when they meet the requirements specified in MP-5, Part II,
Chapter 5, paragraph 6. Title 38 employees may also be considered for
special advancement for achievement or performance.
Section 2 - Management recognizes that employees covered by Title
38 USC benefit the mission of the VA through concentrating on their
individual professional advancement. In this regard, Management encourages
such employees to request assignments to other functions which promote
further development of their clinical, teaching, or administrative skills,
abilities or potential. Employees are encouraged to indicate their interest
in other assignments by discussing the matter with and submitting a request
in writing to their service chief, or designee, or other supervisor. Upon
request of an employee, a meeting will be arranged with the Service Chief or
designee so that the employee may discuss his/her application(s)for
different assignments. Management agrees to give reasonable consideration to
employee requests for other assignments.
Section 3 - Management will post for 15 calendar days, a notice of
vacancies (except for Physician, Dentist, Podiatrist and Optometrist
positions) so all unit employees will have an opportunity to be considered
for positions. Additionally, employees may submit a memorandum
through their supervisor to their Service Chief at any time requesting to be
considered for a particular work location assignment. At the request of an
employee, Management will provide such employee with an explanation why they
did not receive the position if they have a request on file. In accordance
with applicable law and regulation, upon the request of the Union, the Union
will be provided a list of those who have applied for a specific position.
Section 5 - Temporary change in assignments not requested by the
employee, will be for the shortest period of time necessary to meet the
needs of the agency.
Section 6 - Management shall avoid favoritism and reprisal in the
choice of employees for reassignment.
Section 7 - Telephone interviews may
be conducted if a candidate is not available for a personal interview.
ARTICLE 12
SAFETY AND HEALTH
Section 1 - The parties agree that safety is of prime
consideration in the accomplishment of the Department's mission and commit
themselves to establishing and maintaining safe working conditions. The
Department of Veterans Affairs is committed to maintaining a safety program
that meets the requirements of applicable statutes and government-wide
regulations.
Section 2 - Safety and health matters are appropriate subjects for
the labor-management committee meetings addressed in Article 2. At the
national meetings the VACO Safety Officer (or designee) shall be a
participant if safety and health matters are discussed. Each local shall
have at least one union representative on any local Safety and Health
Committee that considers safety and health issues for employees in the unit.
Such representatives will be allowed to participate in committee meetings on
official time if otherwise in a duty status. Where no local committees are
established, local Management will meet with the Union upon request to
discuss safety and health matters. Such meetings will include the Safety
Officer and other management officials concerned with the matter. NFFE
members of the committee will receive training in their duties and will have
access to agency information necessary in the performance of their duties.
Section 3 - Local union officials will be allowed access to any
information pertinent to unit employees safety that is available at the
facility and which is releasable under applicable laws and government wide
regulations.
Section 4 - Where a Director of a VA facility chooses to
participate in Field Federal Safety and Health Councils at a station where
NFFE holds exclusive recognition, the NFFE will be allowed to provide a
representative consistent with subpart K of 29 CFR, Part 1960.
Section 5 - A local representative designated by the union shall
be given the opportunity to accompany the Regional Safety and Fire
Protection Engineer during the annual physical inspection of any workplace
as well as the official who conducts an inspection in response to a report
made by a bargaining unit employee or the Union of any unsafe or unhealthful
condition.. The local union representative shall also be given the
opportunity to accompany an OSHA inspector at any time the inspector
conducts an inspection of the workplace of any unit employees. Copies of
inspection reports will be furnished to the local Union.
Section 6 - Management shall acquire and maintain approved
personal protective equipment, safety equipment and other devices, as
necessary, to provide protection of employees from hazardous conditions
during performance of their official duties. In addition, if there is
serious concern for an employee's safety and VA police are available, the
employee will, upon request, be provided an escort on VA premises.
Section 7 - The Employer agrees to provide adequate lighting,
heating, and ventilation in work areas. Subject to safety regulations and
utility capabilities, employees will be allowed to bring in space heaters,
heating pads, portable electric fans and similar items where management and
the union agree that inadequate or unreasonably uncomfortable conditions
exist until the conditions have been corrected. In extreme conditions,
consideration will be given to excusing employees without charge to leave.
If a decision is made not to excuse employees, supervisors will be liberal
in granting employee requests for leave. The Employer agrees that in extreme
conditions, employee performance may be adversely affected.
Section 8 - The Employer shall encourage employees to work safely
and to report any observed unsafe or unhealthy conditions to the employee's
immediate supervisor. Stewards and other representatives of the Union, in
the course of performing their normally assigned responsibilities, are
encouraged to observe and report unsafe practices, equipment and conditions
which may represent health or safety hazards. The Employer assures there
will be no restraint or reprisal as a result of an employee's reporting an
unsafe practice or condition.
Section 9 - Management agrees to assure prompt response to
employee reports of unsafe or unhealthful working conditions and will
require an inspection within 24 hours for employee reports of imminent
danger conditions, or within 3 workdays for potentially serious safety and
health conditions. However, an inspection may not be necessary if, through
normal management action and with prompt notification to employees and
safety and health committees, the hazardous condition(s) identified can be
abated immediately. Any employee, or representative of employees, who
believes that an unsafe or unhealthful working condition exists in any
workplace where such employee is employed, is encouraged to report the
unsafe condition to his/her supervisor and shall have the right to make a
report of the unsafe or unhealthful working condition to the appropriate
agency Safety and Health inspector and/or OSHA and request an inspection of
such workplace for this purpose.
Section 10 - Management agrees to ensure prompt abatement of
unhealthful and unsafe working conditions. Once it has been determined that
an unsafe or unhealthful working condition exists, a notice will be posted
in accordance with 29 CFR 1960. Whenever the establishment cannot abate an
unsafe or unhealthful working condition within 30 calendar days, it shall
prepare an abatement plan with the cooperation of the establishment's Safety
and Health official or a designee and the Safety and Health Committee. The
Safety Officer who prepares the abatement plan will forward a copy of the
plan to the Safety and Health Committee. If there is no committee, the plan
will be sent to the Union. Such plan shall contain a proposed time table for
abatement and a summary of steps being taken in the interim to protect
employees from being injured as a result of the unsafe or unhealthful
working condition. All unit employees subject to the hazard shall be advised
of the interim measures in effect and shall be kept informed of subsequent
progress on the abatement plan. Prior to the establishment of the abatement
plan, the establishment Safety and Health Official will request that the
supervisor take interim steps for the protection of the employees. The
supervisor shall comply with this request.
Section 11 - The term "imminent danger" means any conditions or
practices in any workplace which are such that a danger exists which could
reasonably be expected to cause death or serious physical harm immediately
or before the imminence of such danger can be eliminated through normal
procedures. In the case of imminent danger situations, employees shall make
reports by the most expeditious means available. The employee has the right
to decline to perform his or her assigned tasks because of a reasonable
belief that under the circumstances, the task poses an imminent risk of
death or serious bodily harm coupled with a reasonable belief that there is
insufficient time to effectively seek corrective action through normal
hazard reporting and abatement procedures. However, in these instances, the
employee must report the situation to his/her supervisor or the next higher
level supervisor who is available immediately. If the supervisor believes
the condition or corrected condition does not pose an immediate danger, then
the supervisor shall request an inspection by the appropriate safety
official as well as contact the designated union representative.
A union representative shall be afforded the opportunity to be present at
the time the inspection is made. If the Employer, after an on site
inspection by a designated qualified safety official decides the condition
does not pose an immediate danger, the instruction to return to work shall
be in writing and contain a statement declaring the area or assignment to be
safe. Any refusal to perform such assignment after the Safety Officer's
decision or written instruction to return to work might be cause for
discipline. It is understood that at any time the management official finds
there is an imminent danger, the employee will not be obligated to return to
the assignment until the imminent danger is removed.
Employees will report abuse, attacks and/or assaults on the part of
patients upon other patients, visitors and staff. Upon request, Management
agrees to meet with employees and/or union representatives to discuss
patient misconduct and recommend remedial or corrective action.
Section 12 - Employees must report any and all job-related
injuries to their supervisor. The supervisor will take appropriate action to
insure that:
A. The employee has the opportunity to report to the facility health unit
or his/her personal physician for treatment and to complete necessary
reports, etc.
B. Personnel Service is promptly notified to insure timely processing of
necessary reports and employee claims.
Management agrees that the Personnel Office shall provide assistance to
employees in preparing necessary forms and documents, and, if appropriate,
submit them to the Office of Workers Compensation Programs (OWCP) and also
shall inform employees of their rights under the Federal Employees
Compensation Act. Management agrees to provide employees with assistance in
all phases of claims processing, including follow up contacts with OWCP on
the employee's behalf. When Management determines that employees are
temporarily unable to perform their regular duties due to injury or
occupational illness, but may be capable of returning to or remaining in a
duty status, Management will make a good faith effort to locate a work
assignment compatible with the employee's physical condition before sending
the employee home. This good faith effort shall include an examination as to
whether the employee's regular duties may be temporarily tailored to meet
the situation.
Section 13 - The Employer agrees to maintain an employee
occupational health program and to provide the following services:
A. Emergency diagnosis and initial treatment of injury or illness that
becomes necessary during working hours and that is within the competency of
the professional staff and facilities of the health service unit. If the
illness or injury is job-related and if the health service unit is unable to
provide the level of medical services necessary, the employee will be
transported to the medical facility of the employee's choosing, or if the
employee is unable to choose, to the nearest appropriate medical facility at
no charge to the employee to the extent permissible by law and currently
existing regulations.
B. Provisions for special health examination for specific categories of
employees whose work environment presents peculiar health hazards.
C. Subject to availability of resources and staff, individual facilities
may provide diagnosis and/or screening tests and health educational programs
for unit employees as a health service.
D. Referral, upon request of the employee, to private physicians,
dentists, and other community health resources. An employee will normally be
expected to notify his/her supervisor of his intention to seek medical
treatment in a health unit.
E. Management will make reasonable efforts to provide and/or make
available appropriate stress management training for unit employees.
Participation in such training will be on official time if otherwise in a
duty status.
Section 14 - In the interest of safety of the employees, when
requested, the Employer agrees to provide assistance, when available, to
employees who are requested to move any furnishings such as desks, filing
cabinets, etc. When such assistance is not immediately available, management
will normally wait a reasonable time before making the move in order to see
if assistance becomes available.
Section 15 - The Union may request official time and tuition
expenses for a Council representative to attend an annual OSHA sponsored
training course. If the course offers a benefit to the VA, the individual
will be nominated by the VA for the course and tuition and official time
will be provided.
Section 16 - Communicable Diseases
A. Management recognizes its responsibilities to identify areas that may
pose a hazard from highly communicable diseases. Areas that may contain
highly communicable diseases will be identified along with appropriate
information regarding protective measures needed. Employees will receive
instructions on procedures for cleaning areas that have been identified as
containing highly communicable diseases. Materials needed to clean or
sanitize a room or a person will be made available to employees. This
includes providing a sufficient number of proper fitting latex gloves to
perform the duties. Unpowdered gloves will be provided as needed.
B. The parties understand that HIV is not recognized as a highly
communicable disease but that it could be life threatening if proper
procedures were not followed. Facilities and employees will follow all
applicable regulations and guidelines relating to the prevention of
transmission of blood borne pathogens in the health care setting, commonly
known as universal blood and body fluid precautions or "universal
precautions." This includes having an approved HIV germicidal available for
immediate use as established by CDC.
C. Employees will not be required to take
leave after exposure to contagious diseases such as measles, unless they are
considered "susceptible" after appropriate medical screening by the Employee
Health Office. The agency, at the local level, will furnish the Local Union
with a list of contagious diseases.
ARTICLE 13
LEAVE
Section 1 - Annual leave
Annual leave shall be earned in accordance with appropriate statutes and
regulations. The Agency shall allow each employee to schedule annual leave
as he or she requests, subject to approval by the appropriate official based
on workload and staffing needs. Approving officials must give appropriate
consideration to employees with emergency situations. The amount of leave
for an emergency will not be arbitrarily assigned but will depend upon the
appropriateness of the situation. Annual leave will be administered in
accordance with Department regulations and other applicable laws and
regulations, and the following:
A. Employees are encouraged to take two weeks annual leave for vacation
purposes each year, providing the employee's accrual leave rate and workload
within the organization permits. Normally, the employee will submit his
scheduled leave request (to his immediate supervisor) between November 1 and
December 31 of each year. Management will approve/disapprove the request in
writing prior to February 1 of the next year.
B. If there is a conflict in scheduling leave or when there is a mission
need to cancel already approved leave which cannot be resolved by the
individuals involved, the following priorities will apply.
(1) Two (2) weeks annual leave scheduled prior to February 1, of each
year and Holidays:
(a) Employees who were
employed at the local facility for the previous calendar year;
(b) Employees who did not have that time scheduled
during the previous year;
(c) Employees who have not
had a choice from the same group of Holidays that year;
(d) Service computation date (SCD);
(e) Employees who have
already incurred a substantial financial expenditure for use of that time
period (after the leave has already been scheduled);
(2) Other leave:
(a) Employees who have
already incurred a substantial financial expenditure for use of that time
period (after the time has already been scheduled);
(b) Hardship;
(c) Date of request;
(d) Employees who have use or lose leave;
(e) Service computation date.
Once an employee's vacation time has been scheduled, he will normally be
permitted to change his selection only if workload permits and no other
employee's choice is disturbed or if another employee agrees to trade.
C. When making a routine request for annual leave the employee need not
state the
reason for the request. When leave is approved in advance for extended
periods, such approved leave will be honored where patient care needs
permit.. When situations arise where previously approved leave must be
canceled, the employee will be given a written statement why the leave was
canceled and will be permitted to reschedule the leave as soon as patient
care needs permit and priority consideration will be given to that employee
in accordance with the priority list.
D. Where unforeseen emergencies arise and the employee requests annual
leave, employees must contact the supervisor or designated alternate
thereof, either personally, or by phone, to request leave as soon as
possible, but not later than two hours after the beginning of the regular
work shift. If the employee is unable to call the employer due to unusual
circumstances, a family member or other responsible person may call for the
employee. This requirement may be waived because of special or unusual
circumstances that preclude such notification.
E. Any employee in a use or lose status must be given priority
consideration for their leave to be used by the end of the calendar year, in
accordance with the priority list. Management agrees to assist employees in
scheduling use or lose leave. Such assistance will include a written notice
to employees on or before June 1, of each year. Such notice will advise
employees of the importance of requesting an adequate amount of leave to
avoid the loss of leave. If the Employer prevents an employee from using
previously scheduled and approved leave at the end of the year, that leave
will be reinstated to be used during the following year.
F. Any management directed movement of an employee from one work location
to another will not normally result in loss of an employee's use of approved
leave.
G. For unscheduled leave, employees will normally be informed whether
leave is approved or disapproved at the time it is requested. When a
decision cannot be given immediately, it will be given as soon as possible
after the request has been made, and normally not later than 24 hours. Upon
request, employees will be furnished the reasons for disapproval in writing.
H. When an employee requires emergency treatment due to an on the job
injury, the employee will remain in pay status until released from the
emergency room or until the end of the scheduled shift.
In areas where 24 hour, 7 day per week staffing is necessary, Management
agrees to make a good faith effort to honor an employee's request for two
scheduled days off before and after a vacation period.
Section 2 - Holidays
A. Holidays for VA employees will be those established by Statute or
Executive Order.
B. Management acknowledges that more liberal annual leave approval may be
appropriate on days before and after holidays.
C. Employees will normally be permitted to incorporate both Christmas and
New Years Day in their vacation plans. When there is a conflict between
employees, preference will be given the employee who has not been granted
those holidays in the previous year. If the conflict can not be resolved by
the previous years schedule, it will be resolved by service computation
date, with the most senior receiving priority.
D. In areas where 24 hour, 7 day a week staff is necessary, holidays
shall be divided into three groups as follows:
Group 1: Martin Luther King's
Birthday, Presidents Day, Columbus Day, Veterans Day;
Group 2: Memorial Day, Independence Day, Labor Day
Group 3: Thanksgiving Day, Christmas Day, New Years Day
The scheduling of holidays off (or days observed as holidays) within each
of the individual groups listed above shall be equitably distributed
consistent with the provisions of Section 1.b. of this Article. Management
shall strive to allow the maximum number of employees off on holidays as
staffing and workload requirements permit.
E. Requests for holidays off in connection with annual leave will be
considered as exercising an option for the holiday. Employees shall notify
their supervisor of their preference of holidays in the following manner:
Group 1. Normally requests are to be submitted at least 6 weeks before
any given holiday.
Group 2 and 3: Requests for these holidays are to be normally submitted
at the time that annual leave is requested for prime vacation time but not
later than six weeks before the holiday.
Employees will be promptly notified of the decision on their requests.
F. If a supervisor determines that not all employees who have indicated a
preference for a given holiday can be excused on that holiday, the conflict
between employees shall be resolved by using the priority list in Section 1
B of this Article.
Section 3 - Sick Leave
A. Sick leave shall be granted to employees upon request of the employee
or his/her family member for any of the following reasons:
(1) When the employee is incapacitated for the performance of duty
because of sickness, injury, or pregnancy and confinement;
(2) For medical, dental, or optical examination or treatment;
(3) When a member of the employee's immediate family is afflicted with
contagious disease and requires the personal care and attendance of the
employee;
(4) When, through exposure to contagious disease, the presence of the
employee at the place of duty would jeopardize the health of others; or
(5) To participate in substance abuse treatment programs or counseling
that would not be covered by authorized absence.
B. Application for leave (SF-71) and a medical certificate or equivalent
will not be required for a sick leave period of three consecutive work days
or less unless an employee is suspected of sick leave abuse. Normally
employees will be advised in advance in writing of such requirement. All
written notices shall explain in detail why the requirement has been
established and what actions must be taken in order to get it removed. In
all cases, the written notice shall be reviewed with the employee no later
than 6 months afterward. If no sick leave misuse is shown during the six
month period the requirement shall be removed and the notice removed from
all records. If the notice is continued, the employee will be notified in
writing of the reason for the continuance. Use of all available leave or
absence on approved leave on many occasions does not in itself constitute
misuse of sick leave.
C. Employees on sick leave for more than 3 consecutive work days or on
leave restriction must furnish satisfactory evidence of their need for sick
leave within a reasonable time after returning to duty. When a medical
certificate is not furnished due to a shortage of physicians, remoteness of
locality, or because the nature of illness did not require a physician's
services, or other valid reason, the employee's signed statement of reasons
why other supporting evidence is not furnished will normally be accepted in
lieu of a medical certification. However, if an employee is on leave
restriction, management may require a physician's statement for every use of
sick leave.
D. It is the responsibility of an employee who is incapacitated for duty
to report or to have some responsible person report his or her illness as
soon as possible to the supervisor, or designee. This must be accomplished
no later than two hours after the employee is scheduled to report for duty
unless there are mitigating circumstances. An employee who expects to be
absent more than one day shall inform the supervisor of the approximate date
of return to duty, if possible. If he or she does so, daily reports will not
be required. An employee will not routinely be required to reveal the nature
of illness as a condition for approval. Failure to furnish the nature of
illness will not, in itself, serve as a basis for disapproval.
Section 4 - Maternity/Paternity Leave
Sick leave, annual leave, or leave without pay may be granted as
appropriate to any employee who is pregnant, during delivery, confinement,
and for care of the infant. Annual leave or leave without pay may be granted
to male employees in order to aid or assist in care of his minor children or
the mother of the newborn child in relation to confinement for maternity
reasons. Annual leave or leave without pay also may be granted to any
employee when adopting a child.
Section 5 - Military Leave
A. Employees will be granted military leave in accordance with 5 U.S.C.
Sec. 6323 and MP-5, Part II, Chapter 7. Employees will be provided advice on
leave benefits by the Personnel Officer upon request.
B. To use military leave employees must:
(1) Notify his or her
supervisor as soon as possible after receiving notification of the training
or active service.
(2) Provide evidence of the requirement
(written orders or confirmation of orders by the individual's military
commander).
(3) Request military leave,
annual leave, or leave without pay as appropriate using Standard Form 71,
Application for Leave.
(4) Furnish a certification
of completion of training or active service from the military commander or
superior upon returning to his or her civilian position.
C. Employees will be granted military leave, annual
leave or leave without pay for all required military time, including drill
weekends. Requests to perform active or inactive duty for training that is
in addition to required military duty will not be viewed as requiring
automatic approval, but will be considered on a case by case basis.
Section 6 - Administrative Leave or Excused Absence
Consistent with Agency policy, management officials may grant absences
from duty without charge to leave. The following gives some of the
activities for which excused absences will normally be authorized. This is
not an all inclusive list. MP-5, Part I, Chapter 630 spells out other
instances when excused absence may be authorized. Administrative leave is
treated as time worked for all purposes, except that the employee is excused
from his regular assigned duties.
A. Infrequent or brief periods of absence or tardiness of less than one
hour due to circumstances beyond the employee's control;
B. Employees who give blood without compensation may be excused without
charge to leave for any portion of the day blood is donated, for travel to
the donation site, donation and recovery. Normally this will not exceed 4
hours unless travel time is required.
C. For registering to vote and/or voting in governmental elections. When
the polls are not open at least three hours either before or after an
employee's regular hours of work, he or she may be granted an amount of
administrative excused time to vote which will permit the employee to report
for work 3 hours after the polls open or to leave work 3 hours before the
polls close, whichever requires the lesser amount of time off.
D. Fulfillment of administrative responsibilities in connection with a
non-local transfer;
E. Time spent in approved training;
F. Non-duty status when allowing the employee to continue working would
be dangerous to life or property or otherwise inconsistent with the
fulfillment of the agency mission;
G. Severe weather and emergency situations;
H. Emergency treatment due to an on-the-job injury.
I. Jury duty.
J. As a witness in the employee's official capacity as a Federal
employee, serving as a witness in behalf of the Employer or the United
States in compliance with applicable regulations.
K. Court leave.
Section 7 - Leave Without Pay
Employees who do not have leave to their credit and wish to take leave
for emergencies or other necessities may be granted leave without pay upon
request. Employees may also be granted leave without pay upon request if
they have leave to their credit but choose not to take it. Leave without pay
may be granted on an extended basis for educational purposes, while awaiting
action on a disability retirement or OWCP claim, and may be granted while
serving as an officer or representative of NFFE or the VA Consolidated
Council when involved in matters other than those covered by official time.
Requests will be considered on an individual basis. Leave without pay may be
granted for other reasons consistent with Department policy. The Employer
will notify each employee of the effect that taking a period of extended
leave without pay (more than 30 days) would have upon his/her employment
status and benefits. This will be done prior to the time the leave is
scheduled to commence and is actually taken when the leave is requested in
advance. The provisions above shall not be applied to avoid provisions
relating to administrative leave which arise under similar circumstances.
Section 8 - Disabled Veterans
When a disabled Veteran employee presents a
statement from a medical authority that treatment is required, annual leave
or sick leave will be granted, if available; otherwise, leave-without pay
will be granted. The granting of such leave is mandatory provided that the
Veteran gives prior notice of definite days and hours of absence for medical
treatment.
ARTICLE 14
PAY CHECKS, LEAVE STATEMENTS
AND PER DIEM
Section 1
A. Employee's will receive overtime or compensatory time in accordance
with applicable regulations for work performed after the employee's normal
daily or weekly tour.
B. The Department will assist any employee who does not receive a
paycheck in a timely fashion. The Department will initiate immediate action,
in accordance with Treasury and VA regulations, to secure a pay check for
employees whose paycheck does not arrive timely, including requesting a
duplicate check if the regular pay check is more than 3 days late. The
parties agree whenever the agency's error results in a failure of an
employee to receive full salary payment on time, the agency will take
immediate action to expedite payment to the employee. This might include
payment from petty cash, duplicate check, partial check, etc., to the extent
that may be authorized..
Section 2 - Pay Check and Leave and Earnings Statements
The parties recognize that it is the employee's responsibility to timely
make arrangements for delivery of the employee's pay check.
A. Employees are encouraged to have their paychecks delivered by Direct
Deposit(DD) or Electronic Funds Transfer (EFT) to a financial institute of
their choice. This will be the norm. Where an employee does not elect either
of these methods of payment, the pay check and Earnings and Leave Statement
will be delivered as outlined in b below.
B. (1) Normally pay checks will be available for pick up at the agent
cashier during normal duty hours. Earnings and Leave Statements will be
delivered to employees at their worksite or duty station during the
employee's duty hours.
(2) If the employee is not at the duty station, pay checks and Earnings
and Leave Statements will be secured and made available to the employee upon
return, or, upon timely notice mailed to an address designated by the
employee.
(3) Employees will receive pay checks and Earnings and Leave Statements
on payday or as soon as received thereafter. Earnings and Leave Statements
will be distributed to each employee in a manner to insure security and
confidentiality. This will normally be by hand delivery.
(4) The above procedure will be communicated to each new employee as soon
as possible and not later than 30 days after being employed. All employees
on board will be advised of this procedure within 30 days of the facility's
receipt of this agreement.
Section 3 - Per Diem
Under normal conditions, Management will plan trip assignments far enough
in advance so that if an employee needs a per diem advance, sufficient time
will be available to request and receive the advance to use on the assigned
trip. It is understood that employees who are considered frequent travelers
may be issued a American Express Card and will be required to follow the
provisions governing its use. Each employee will be told the per diem rates
applicable to their trip as soon as Management ascertains which rates apply.
Employees will be reimbursed for expenses involved in official business in
accordance with regulations. If an employee is not notified of travel in
time to receive an advance from the normal financial source, a cash advance
of funds will be granted to the extent permissible by appropriate
regulations. If the employee has paid travel expenses out of pocket and has
not received reimbursement within 30 calendar days after submitting a
properly completed travel voucher, Management will initiate a follow-up with
the appropriate fiscal authority in an effort to secure payment.
Employees who are required to use their
automobile for the performance of official duties will be reimbursed for
mileage and parking expenses in accordance with applicable laws and VA
regulations.
ARTICLE 15
PROFICIENCY RATINGS
Section 1 - The proficiency rating system shall be used to provide
a basis for keeping employees informed of what is expected of them in their
assignment, and keeping them informed of the level of performance in their
assignment. It will also be used when identifying training needs and
supporting outstanding service
Section 2 - The approving official will be the next higher level
professional-administrative management official over the rating official.
Section 3 - Proficiency ratings will be made annually or as
otherwise provided in MP-5, Part II.
Section 4 - New employees shall be provided the performance
elements on which they will be evaluated at the beginning of the rating
period. All employees should be informed of their rating elements.
Section 5 - Employees shall be counseled on a regular basis
concerning their level of proficiency.
Section 6 - When performance problems are observed which may be
expected to result in an unsatisfactory annual proficiency rating, the
rating official will hold a counseling conference with the employee
sufficiently in advance of the due date of the annual report to give the
employee a reasonable opportunity to correct identified deficiencies and to
demonstrate satisfactory performance. During the conference, the rating
official will tell the employee of the time, normally 60 to 90 days, which
will be allowed for improvement of performance. After the conference, the
rating official will prepare, sign, and date a document indicating the
reasons for the conference, the performance deficiencies and suggested
solutions, and the time allowed for improvement. A copy will be given to the
employee. A counseling will not be necessary if the employee's performance
constitutes a clear danger to him/herself or others.
Section 7 - Employees shall be
encouraged to submit input into their proficiency ratings.
ARTICLE 16
DISCIPLINARY AND ADVERSE
ACTIONS
(Not arising out of or
involving a question of professional conduct or competence.)
Section 1
A. Management agrees that action taken against unit employees will be
taken for just cause, consistent with applicable laws, and be fair and
equitable. The parties agree that the concept of progressive discipline,
designed primarily to correct and improve employee behavior, rather than to
punish, will usually be followed. A more serious penalty than the least
available may be taken whenever required by law or regulations, or required
to correct the attitude or conduct of the employee. Usually progressively
more severe penalties will be administered before discharge is initiated
unless the offense is so serious that discharge is justified. Employees will
not be subjected to arbitrary or unreasonable acts by supervising personnel.
Section 2 - Preliminary Investigations
In every case to determine what action is warranted, inquiry will be made
into the incident or situation, as soon as possible. Ordinarily this inquiry
will be made by the appropriate line supervisor. However, as appropriate, it
may be necessary for other management officials to make the preliminary
inquiry. The employee who is alleged to have committed the offense and any
other persons who may have pertinent information about the case will be
questioned, and signed statements ordinarily will be obtained. Information
will be developed impartially, and reasonable effort will be made to
reconcile conflicting statements by developing additional evidence. In all
cases, the information obtained will be documented. Written material such as
supervisory notes may be used to support an action detrimental to an
employee if such material has been shown to the employee in a timely manner
after the occurrence of the act and a copy provided to the employee upon
request. The Union shall be given the opportunity to be represented at any
examination of a unit employee by a management official in any investigation
which may result in disciplinary or major adverse action being taken against
the employee and the employee requests representation.
Section 3 - All letters of proposed admonishment or reprimand
shall contain specific information to indicate specifically why the letter
is being issued. The decision letter will advise the employee of how long
and where the letter may be retained, and if the letter may be used in
determining an appropriate penalty if further infractions occur. Normally
admonishments will be retained for six months to one year and reprimands
will be retained for one to two years. The time frames may be shortened or
lengthened by the issuing official. The employee may, after 6 months, make a
written request to the issuing official that the admonishment be withdrawn.
The employee may, after one year make a written request to the issuing
official that the reprimand be withdrawn. The removal of these actions
depends upon the employee's record being clean during the time of retention
and the seriousness of the offense.
Section 4 - For the purpose of this Article disciplinary actions
shall be letters of admonishment and reprimands, and major adverse actions
are suspensions, discharge, involuntary transfers, or reductions in grade or
basic pay. The following definitions will apply:
A. Disciplinary Actions.
(1) Admonishment. An official
letter of censure to an employee for minor act(s) of misconduct.
(2) Reprimand. An official letter of censure to
an employee for an act of misconduct. A reprimand is a more severe
disciplinary action than an admonishment.
B. Major Adverse Actions.
(1) Suspension. The
involuntary placement of an employee, for disciplinary reasons, in a
non-duty, non-pay status for a temporary period of time.
(2) Transfer. The involuntary
movement of an employee from one VA facility to another (under separate
managerial authority) without a break in service.
(3) Reduction in Grade. The involuntary
assignment to a lower grade on the same pay schedule.
(4) Reduction in Basic Pay.
The involuntary reduction of the annual rate of basic pay to which an
employee is entitled under 38 USC 7404, including above minimum entrance
rates and special entrance rates authorized under 38 USC. 7455. This does
not apply to reductions in pay other than basic pay, such as the loss of
physician or dentist special pay or head nurse differential, other
differentials, allowances or premium pay such as standby, on-call, shift,
overtime, Sunday, holiday, night work, hazardous duty, and interim
geographic adjustment.
(5) Discharge. The involuntary separation of an
employee from employment.
Section 5 - Procedures
A. Prior to taking disciplinary or adverse actions, employees will be
given advance written notice of the action proposed. The advance notice for
a disciplinary action will be not less than 10 days and for a major adverse
action not less than 30 days unless there is reasonable cause to believe the
employee has committed a crime for which a sentence of imprisonment may be
imposed when it may be limited to 7 days.. All advance notices of proposed
action will contain the following information:
(1) The nature of the action proposed (e.g. admonishment).
(2) The specific charges upon
which the proposed action is based, including names, dates, places, and
other data sufficient to enable the employee to fully understand the charges
and to respond to them.
(3) Any specific law, regulation, policy,
procedure, practice or other specific instruction that has been violated as
it pertains to the charge(s).
(4) The right to review the
material relied upon to support the reasons for the proposed action.
(5) The right to reply orally or in writing, or
both orally and in writing, and to submit affidavits and other documentary
evidence in support of the reply.
(6) The right to a reasonable amount of time to
submit the reply. The employee will have 7 days to respond on a proposed
disciplinary action and 14 days to respond on a proposed major adverse
action.
(7) Identification of the official who will receive any
oral and/or written reply.
Section 6 - After carefully considering the evidence and the
employee's response, if any, including any mitigating factors, the deciding
official shall make a timely decision. Such decision may not be more severe
than that which was proposed.
Section 7 - The employee will be given a written decision as soon
as possible after his or her reply has been fully considered or after the
expiration of the time allowed for reply, if the employee does not reply.
The decision letter shall contain the following information:
(1) A statement of the
reason(s) for the action being taken.
(2) A statement of how long and where the
letter will be retained, if the decision is to admonish or reprimand.
(3) A statement of what was considered in arriving at
the decision.
(4) A statement that the
employee may grieve the action under one of the following procedures: the
agency grievance procedure, the negotiated grievance procedure or the EEO
procedure, the time limits for filing under each procedure, and that the
employee will be deemed to have exercised his/her option to raise the matter
under one procedure or the other at the time the employee timely files a
written grievance or files a formal written EEO complaint.
(5) A statement that the employee has the right
to be represented by an attorney, Union representative or other
representative of the employee's choice at all stages of the process, except
for a grievance under the negotiated grievance procedure, in which case only
a Union representative may be chosen. The letter will also contain the Local
Union President's name and telephone number.
(6) That the decision will be implemented not
earlier than the 30th day following the decision letter if it is a major
adverse action.
Section 8 - A duplicate copy of the letter of
admonishment or reprimand and /or notice of proposed action or decision will
be furnished to the employee.
Section 9 - Time limits for the
employee's response may be extended upon request.
ARTICLE 17
EMPLOYEE ASSISTANCE PROGRAM
Section 1 - General
The Department shall maintain an effective employee assistance program
meeting the requirements of applicable laws and regulations including FPM
Chapter 792. Locally, the Union and the Employer shall discuss and negotiate
consistent with the law and policy any proposed changes or recommendations
relative to the program for employees with medical/behavioral problems. The
parties at the local level may negotiate local procedures for cooperation in
carrying out the intent of this policy. Union members involved in
representation pursuant to this Article shall be considered to be on
official duty. Employee participation in the program shall be voluntary.
Section 2 - Policy
A. The Employer recognizes alcoholism, other drug or chemical
dependencies, and mental illness as illnesses. Employees who have these
illnesses will receive the same careful consideration and respect as
employees who have any other illness. The Employer will respect an
individual's right to privacy.
B. It is the basic function of a supervisor to identify poor job
performance and to take corrective action. The Employer recognizes, however,
that supervisors may not have the professional qualifications to diagnose
such problems as alcoholism, drug dependency, or mental illness.
C. Diagnosis and/or treatment should be accomplished by referral of
employees to professional treatment and assistance sources.
D. The parties agree that confidential handling of problems under this
program is essential.
Section 3 - Responsibilities and Guidelines
The following program provisions will apply:
A. A supervisor shall immediately refer to the program any employee who
acknowledges having a medical or behavioral problem either of his or her own
or of a family member which is affecting the employee's performance or
conduct. If the supervisor reasonably suspects that the employee has a
problem in this area, he or she should refer the employee's name to the
program adviser. Once a supervisor makes a referral, the supervisor may
follow up with the program advisor for leave administration purposes.
B. Employees may voluntarily seek assistance under the program.
C. A coordinator or counselor will be made available upon request within
a reasonable time period to employees at all locations.
D. Participation in the program shall not jeopardize an employee's job
security or his/her opportunity for promotion.
E. Sick leave, annual leave, or leave without pay will be granted for
treatment or counseling sessions consistent with practices for other
illnesses or circumstances.
F. The coordinator shall maintain an up-to-date listing of community
facilities for treatment of medical/behavioral problems. Such listing shall
include the cost of such services and eligibility requirements.
G. If an employee wants to be accompanied by any individual (such as
union representative, family member, clergyman) at the initial discussion
with a program counselor, the additional person may attend.
Section 4 - Confidentiality
The confidential nature of medical records of employees with
medical/behavioral problems shall be maintained. Neither counselor nor any
management official shall reveal the name of a person voluntarily seeking
assistance without the employee's written consent.
Section 5 - Publicity
Management is committed to providing an effective Employee Assistance
Program that instills confidence in the employees that rehabilitation is
available and that positive efforts will be made to return the employee to
full performance. Management will provide reasonable publicity about the
Employee Assistance Program aimed at enhancing employee understanding of the
program. Management shall post its written policy on the Employee Assistance
Program, news about the program, and assurances of confidentiality for
participants on official bulletin boards.
Section 6 - The Union may have a
representative at any training program provided for unit employees
concerning the Employee Assistance Program. The union representative will be
provided official time if otherwise in a duty status for such attendance.
Union officials may be invited to management training on the program. If
Management elects not to invite the union officials, Management agrees to
provide the Union with a briefing of the training conducted.
ARTICLE 18
EQUAL EMPLOYMENT OPPORTUNITY
Section 1 - The parties agree that they are mutually committed to
the principle of equal opportunity in employment or conditions of employment
for all persons. They further agree that discrimination because of race,
color, religion, sex, national origin, age, or non-disqualifying handicap
shall be prohibited. Management agrees to promote the full realization of
equal employment opportunity through a positive and continuing effort.
Section 2 - Management agrees to maintain a sufficient number of
EEO counselors who are properly trained, available and accessible to all
employees. All counselors will be specifically informed of the unit
employee's right to file a grievance under the negotiated grievance
procedure or file an EEO complaint. The Union at each facility may recommend
employees for EEO counselor positions. Such employees will be given
consideration based solely on their ability to perform the EEO counselor
functions.
Section 3 - Subject to applicable law and regulations of
appropriate authority, an employee may have a representative of his/her
choice at any stage in the processing of an EEO complaint. A union
representative, will be provided, upon request, at least as much data,
resource material, and information as could be provided to the employee.
Section 4 - The parties recognize that the goal of
the upward mobility program is to provide opportunities for employees to
advance so as to perform at their highest potential consistent with the
needs of the VA. Employees may seek guidance from their supervisor or the
Personnel Office if they are interested in learning about career
opportunities.
Section 5 - Any employee engaging in illegal discriminatory
practices against other employees shall be subject to prompt disciplinary
action.
Section 6 - The Union at the local level will be allowed at least
one member on local EEO committees.
Section 7 - The Employer agrees to
allow the Union an opportunity to review and comment on the Department
facility Affirmative Action Plan and the Federal Equal Employment
Opportunity Recruitment Program plan prior to their implementation.
ARTICLE 19
FUNCTIONAL STATEMENTS
Section 1 - Each unit employee is entitled to a complete and
accurate functional statement which shall be reviewed annually by the
employee and management during the proficiency rating process. If new duties
are added for which the employee is not trained, appropriate training will
be provided by management.
Section 2 - The union will be provided a copy of new or revised
functional statements upon written request.
Section 3 - Any employee in the unit
who feels that he/she is requested to perform duties outside the scope of
the employee's abilities, may request management to review the employee's
concerns on the requested duties.
ARTICLE 20
WORKWEEKS, HOURS OF WORK AND
FLEXTIME
Section 1. - Preference will normally be granted on work schedules
to the maximum extent possible. Employees may request a permanent evening or
night shift. Management will consider accommodations for personal hardships.
Section 2 - Employees who work a permanent evening or night shift
will normally receive mandatory training on their regular shift.
Section 3 - Alternative work schedules may be established at the
Local level in accordance with applicable law and regulations.
Section 4 - Provisions of this Article are not intended to negate
any compressed workweek/flextime schedules now in effect. When Local
management makes a determination to implement, change or terminate a
compressed workweek/flextime schedule, the Union will be notified.
Section 5 -Religious Observances
In accordance with law and regulations, an employee whose personal
religious beliefs require that he/she be absent from work during his/her
scheduled work period may request, subject to the approval of the overtime
approving officials, to engage in overtime work for time lost, and be
granted (in lieu of overtime pay) compensatory time for the hours missed for
religious observance.
Section 6 - Rest Break
Each employee is authorized one 15 minute rest break within each four
hour work period including overtime. Where possible, employees shall be
allowed to take the rest break away from the immediate worksite. It is
agreed that the rest periods may not be continuations of the lunch period
and they may not be granted immediately after the beginning of the work
shift or immediately prior to quitting time, nor shall they be accumulated.
Section 7
A. Employees whose regularly scheduled shift includes a 30 minute
non-paid lunch period may leave their worksites during their lunch breaks.
Where employees are required to work all or part of their scheduled lunch
period, they shall receive overtime or compensatory time for such time
worked.
B. Employees whose regularly scheduled shift
of 8 hours or more does not include a non-paid meal period will be allowed
up to 20 minutes for a lunch break at the worksite.
ARTICLE 21
OVERTIME
Section 1 - In no case will overtime work be used as a reward or
punishment.
Section 2 - In accordance with applicable regulations, when
overtime work is necessary, an employee will be given as much advance notice
as possible. Normally, notice will be provided at least one (1) week in
advance. An employee will not be required to work overtime without at least
one (1) day's notice, except in emergencies. Whenever operationally
feasible, volunteers will be requested for any overtime work.
Section 3 - Records showing the overtime distribution shall be
maintained. The employer will make available to the local union, upon
request, available records of overtime assignment of unit employees.
Section 4 - Call Back Overtime Work
Irregular or occasional overtime work performed by an employee on a day
when work was not regularly scheduled for the employee or for which the
employee has been required to return to the place of employment shall be
considered to be at least two hours in duration regardless of whether the
employee performs work for two hours.
Section 5 - On Call Status
A. An employee who is officially scheduled on-call under 38 USC Section
7453(b) for work outside the employee's regular duty hours shall be
available for prompt return to duty to perform service.
B. An employee who is called back to work while in an on-call status will
receive a minimum of two hours overtime. On-call will be suspended during
the actual period of overtime duty; when released from overtime duty the
employee shall return to the remaining scheduled on-call duty, if any. When
the period of call-back overtime merges with the employee's regular tour of
duty two hours minimum overtime does not apply.
C. Employees may be temporarily removed from
on-call status in advance of being called in by contacting management for
appropriate arrangements.
ARTICLE 22
STAFFING ADJUSTMENTS
Section 1- The Department and NFFE jointly recognize the
desirability of maintaining the stability of employment of employees.
Section 2 - The Employer agrees to notify the Council President at
least 120 days prior to the initiation of any staffing adjustment or change
in duty station involving one NFFE bargaining unit which may result in the
separation or furlough of 20 or more employees, or more than one NFFE
bargaining unit which may result in the separation or furlough of bargaining
unit employees. Except in emergent cases the Local Union will be notified in
writing of a proposed staffing adjustment or change of duty station which
may result in separation or furlough at least 90 days prior to the effective
date. At that time, Management will advise the Local Union of the reasons
for the staffing adjustment, furlough, or change of duty station, the number
and title(s) of the positions which are expected to be affected, and the
measures which management proposes to take to reduce the adverse impact on
employees. The above notices to the Union will be done before any
notification is given to employees. Notice to employees shall be consistent
with MP-5, Part II and the retention principles in 5 USC 3501 through 3504
and shall include information regarding the employee's rights of appeal.
Section 3 - The Union and Management will jointly encourage each
employee to see that his/her personnel file and application are up to date
as soon as the staffing adjustment or change of duty station as listed in
Section 2 is announced. Management will add to the personnel file
appropriate changes or amendments requested by the Employee. The personnel
file, the application , and other appropriate documents will be used as
needed to match employees with vacancies.
Section 4 - All actions involving staff adjustments shall be
administered in accordance with Department of Veterans Affairs policies and
this agreement.
Section 5 - Employees who will be
adversely affected by a separation or furlough will be considered for
available vacancies throughout the bargaining unit for which they are
otherwise qualified.
ARTICLE 23
OUT PLACEMENT
Section 1 - In the event bargaining unit employees are being
separated as a result of a staffing adjustment or change in duty station,
facility management will establish a program of out placement assistance
consistent with the requirements of MP-5, Part II and the retention
principles in 5 U.S.C. 3501 through 3504. The primary aim of the program
will be to find continuing Federal or other employment for affected
employees.
Section 2 - The Personnel Office will
review the folders of employees being separated to identify the specific
positions for which the employees qualify, and determine the interest of
employees in order to develop the best opportunities for continued
employment. The Union may review the above folders in accordance with law
and government-wide regulations.
ARTICLE 24
TRAINING
Section 1 - Although it is expected that employees are qualified
to perform the duties of their positions as a prerequisite to employment,
the parties recognize the possible need for additional training, retraining
or continuing education to maintain the capability of the workforce.
Management will remind employees, at least annually of the availability of
training, and the nomination procedure.
Section 2 - Management is responsible for ensuring that employees
receive sufficient training for the purpose of performing the duties of
their positions. Supervisors are responsible for assessing the training
needs of employees in their respective work units, but employees should
bring to the attention of the supervisor any perceived training needs
relating to their work assignments.
Section 3 - Once job-related training needs are determined to
exist, appropriate methods for meeting those needs within available
resources will be the responsibility of Management. Training may be
conducted "on-the-job" or through formal training courses.
Section 4
A. When training is required by the VA for the primary purpose of
improving employee skills, knowledge and abilities needed to perform capably
in his/her current position and the required training is scheduled during
work hours employees may be granted official time to attend.
B. When the primary objective of the training is improvement of general
skills, knowledge and abilities or career growth, the employee may request a
work schedule adjustment to accommodate the education or training program,
or duty time may be approved to attend, as appropriate.
C. For employees who are required to obtain continuing education in order
to maintain their state board certification, Management will make a
reasonable effort to approve requests for authorized absence if the course
is not offered at any time other than the employee's regularly scheduled
duty hours. Management agrees to consider requests for payment of training
expenses of any unit employee who is required by Federal or state
regulations to complete certain job related courses.
Section 5 - Evidence of completed training furnished by the
employee will be recorded in the employee’s official personnel folder.
Section 6 - The VA agrees to extend consideration on an equitable
basis to the reimbursement of expenses incurred by an employee in attendance
at work-related courses on his/her own time. Such consideration will be
subject to the availability of funds and the priorities of training needs.
Partial or full reimbursement, if approved, will be in accordance with
existing policies and regulations. Subject to the approval of local
management, employees who are enrolled in such courses may use items such as
calculators and typewriters, at mutually agreeable times for such course
work, during their non-duty hours.
Section 7 - Notice of training, seminars, workshops, etc., will be
given a reasonable time in advance to allow for scheduling the employee's
absence. Information on available training courses and seminars will be
publicized at each facility. Dissemination of this information may be the
subject of local negotiations..
Section 8 - Reference material related to the performance of the
duties of an employee's position will be maintained in a location reasonably
accessible to the employee.
Section 9 - The Local Union shall be allowed membership on all
training committees established at the facility level which develop training
plans covering unit employees and/or consider requests for unit employee
training.
Section 10 - Consistent with budget
and staffing restrictions, management agrees to make every effort to provide
training to any unit employee whose position is adversely affected by
reorganization or changes in mission, budget or technology, in order to
assist in the placement of the employee in existing or projected vacancies.
ARTICLE 25
LMR TRAINING
Section 1
A. In accordance with paragraph B below, official time will be granted to
union officials (if otherwise in a duty status) for the purpose of attending
Union sponsored training and other training sessions which pertain to labor
relations, and are of mutual benefit to both parties (e.g., contract
administration, grievance handling, and labor relations laws, regulations,
and procedures) and where staffing requirements permit. Requests for
official time will include the subject matter, a copy of the agenda and
duration of each topic. The employee's request for official time should be
submitted as soon as practical, but at no time later than two weeks prior to
the training session.
B. Consistent with this section, the following amounts of official time
for union sponsored labor management training will be granted to title 38
union representatives at each facility for each year of the contract.
Number of Title 38 Bargaining Number of Hours Available for
Unit Employees Union Representatives
Less that 100 120
100-200 160
200-300 200
300-400 240
400-500 280
C. Scheduling arrangements for the use of official time
for training will be determined locally, consistent with the needs of the
service.
D. Costs (except for salary otherwise payable) and arrangements for the
training will be the responsibility of the Union.
Section 2 - Joint employer/union sponsored training sessions are
often desirable to enhance local relationships. The establishment of such
sessions is a proper subject for local consideration at any time it is
mutually agreed to be of benefit.
Section 3 - Where joint employer/union labor management relations
training is provided by OPM or neutral parties such as FMCS, they will be
attended on official time, and such time will not count against the above
bank for the Local.
Section 4 - The employer and the NFFE encourage the local parties
to conduct joint informative sessions relative to the administration of this
Agreement.
ARTICLE 26
ORIENTATION OF NEW EMPLOYEES
Section 1 - During initial processing, all unit employees will be
informed by the Employer that NFFE is the exclusive representative of
employees in the unit. Each new unit employee shall receive a copy of this
agreement from the Employer, as well as a copy of any supplemental agreement
between the Department of Veterans Affairs and the NFFE local at the
employing facility. The Employer shall also provide each new unit employee
the most current list of the officers and representatives of the local
union.
Section 2 - A representative of the local union shall be afforded
a period of time, to be mutually agreed upon at the local level but not less
than 10 minutes, to speak to all new unit employees at scheduled group
orientation sessions and to provide such employees with an introduction to
the role of the Union and to distribute informational leaflets. The union
representative may not solicit membership during this presentation.
Section 3 - The Employer shall furnish the President of the local
union, on a monthly basis, the following information regarding all new
employees who are members of the bargaining unit:
A. Full name
B. Position title and grade
C. Organizational assignment
D. Date of entrance on duty
ARTICLE 27
PROBATIONARY PERIOD EMPLOYEES
Section 1 - The parties agree that the probationary period is a
highly significant step in determining an individual's fitness for permanent
Federal Service.
Section 2 - Within one week of entrance on duty, a probationary
period employee will be informed by management of the duties and
responsibilities of the position, the training which will be made available,
if appropriate, and what will generally be expected of the employee.
Section 3 - Management will
periodically review the employee's performance during the probationary
period and shall inform the employee of any shortcomings, deficiencies in
performance, or instances of misconduct perceived by the supervisor.
Although persons selected for employment are presumed to possess the skills
and character traits necessary to perform as a permanent employee, during
the initial period of employment supervisors and other appropriate officials
must make a sincere effort to orient new employees.
ARTICLE 28
SEXUAL HARASSMENT
Section 1 - Sexual harassment is a form of workplace misconduct
which undermines the integrity of the employment relationship. All employees
must be allowed to work in an environment free from unsolicited and
unwelcomed sexual overtures. Sexual harassment debilitates morale and
interferes in the work productivity of its victims and co-workers; it
requires immediate and sensitive action by those to whom the problem is made
known.
Section 2 - Sexual harassment is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct
of a sexual nature when:
A. submission to such conduct is made either explicitly or implicitly a
term of condition of an individual's employment; or
B. submission to or rejection of such conduct by an individual is used as
the basis for employment decisions affecting such individual; or
C. such conduct has the effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile; or
offensive working environment.
Section 3 - Each facility required to submit affirmative action
program plans will include as part of that plan an outline of reasonable
action for the prevention of sexual harassment. A copy of the plan will be
reasonably available and accessible for review by employees.
Section 4 - An employee may grieve an
incident of sexual harassment or file a complaint of discrimination
regardless of whether the incident results in the loss of an economic or
employment benefit.
ARTICLE 29
ROLE OF THE REGISTERED NURSE
Section 1 - The remedy for damages arising from RN nursing
practices while furnishing medical care or treatment within the scope of
their official duties is the Government's responsibility to the extent
permitted by and under the terms and procedures of the Federal Tort Claims
Act and of 38 U.S.C. Section 7316.
Section 2 - Management agrees to attempt to provide registered
nurses and support staff necessary to accomplish the mission of the agency.
Section 3 - Both Management and the
Union agree that the proper orientation of employees is conducive to a safe
work environment. Toward this goal, orientation will be based on objective
standards uniformly presented to all new employees.
ARTICLE 30
CHILD CARE
Section 1 - The parties agree that the issue of child care shall
be the subject of local bargaining and that a good faith effort to establish
child care centers will be made where surveys show that a need exists and
that it is economically feasible.
Section 2 - At stations where child care facilities are not
currently available the facility will work with the union to determine need
via a survey every two years and shall determine the options available.
Where economically feasible, the facility may consider establishing a child
care center or may consider making available child care service with a
facility close to the work station. Fees and costs will be established
locally by the child care center provider; however if possible the fees and
costs negotiated with the provider should be based on factors such as number
of children to be cared for, cost of care provider and teachers, overhead
expenses (land, building, supplies, etc.). Hours of operation will be
determined by the operator of the child care center but where possible
should be negotiated to be flexible enough to meet as broad a need as
economically feasible.
Section 3 - Where child care services
are available, efforts will be made to develop with the provider an
agreement which will allow for payroll withholding for child care costs of
VA employees.
ARTICLE 31
MISCELLANEOUS PROVISIONS
Section 1 - The employer agrees to take appropriate action to
assure that facility restrooms used by unit employees are maintained in a
sanitary manner.
Section 2 - The employer agrees that employees may have personal
items that are in good taste in or on their desk as long as space required
for needed manuals , files, forms and supplies is not sacrificed. Desks may
be subject to inspections for safety, sanitation and security reasons. The
VA is not responsible for the loss of or damage to personal items.
Section 3 - The parties agree that parking is an appropriate
subject for Local supplemental negotiations.
Section 4 - Each local facility Director will make a reasonable
effort to provide, within available space and resources, suitable lounge and
eating facilities in close proximity to employees' worksites. Subject to
Canteen Service and security requirements, 24 hour access will be provided
to food and drink vending machines, if available. Employees using these
facilities will be responsible for policing and maintaining proper sanitary
conditions. Details on the use of these facilities will be resolved at the
individual facility level.
Section 5 - The VA will maintain an Official Personnel Folder on
each employee. An employee may review his/her Official Personnel Folder upon
request. Management may require that a management official or designee be
present when the Official Personnel Folder is being reviewed. A copy of any
document in the folder will be provided to the employee upon request if
permissible by law and regulation. If any document which is, or may be
considered to be derogatory to an employee (e.g., a memo for record, warning
letter, etc.) is placed in an employee's personnel folder, the employee will
be provided a copy at the time the document is included in the Official
Personnel Folder. In this regard, an employee may make a written rebuttal to
any such document in his/her personnel folder and have it placed in the
folder in accordance with applicable regulation. Copies of employee
grievances shall not be filed in an Official Personnel Folder. Proposed
notices and decisions on major adverse actions will not be filed in an
Official Personnel Folder.
In no case will an employee be denied access to a record which is
personally identifiable to the employee, where the law or other authority
provides for access. However, it is recognized that the process for review
of records may be governed by laws, rules, regulations and/or policy.
Request for review or copies of documents by the Union in a representational
status will be subject to applicable laws and regulations. All information
received by the Union in this capacity is considered confidential and will
be treated accordingly.
Section 6 - The use of volunteers will be in accordance with
applicable law.
Section 7
A. Employees who are not allowed to wear their uniforms home will be
allowed time during duty hours to change into and out of their uniforms. The
parties acknowledge that employees who are not permitted to wear their
uniforms home need a suitable area to change clothes and secure personal
items. Due to space problems, the specifics of such arrangements will be an
appropriate subject for Local supplemental contract negotiations.
B. The number of uniforms issued to each
employee shall be the minimum required to assure that a clean uniform is
available each day. Five uniforms per employee are normally adequate. At
medical centers using the bundle system, issues in excess of five per
employee may be justified when frequent laundry service is not available.
Where the even exchange system is used, three uniforms per employee are
normally adequate. Issue uniforms will be replaced, when rendered
unserviceable, on an item-for-item basis. Uniforms purchased by the VA will
not be furnished to employees who receive a uniform allowance. Employees who
are required to wear uniforms which are not issued by VA will be provided a
uniform allowance in accordance with the MOU between VA and NFFE.
ARTICLE 32
DURATION
Section 1 - This agreement shall become effective on the date of
approval by the Secretary for the Department of Veterans Affairs or his
designee or on the 31st day following the date on which the
Agreement is executed, which ever occurs first.
Section 2 - This Agreement shall remain in effect for a period of
three (3) years. this Agreement will automatically renew itself for three
(3) year intervals, unless either party serves the other party with a
written notice of its desire to amend or modify the Agreement. Such notice
must be given no less than 60 nor more than 105 calendar days prior to any
expiration date. If such notice is given and negotiations are not completed
by the expiration date, this Agreement will be extended until the changes
have been negotiated and approved.
Section 3
A. For the parties rights to bargain during the term of this agreement,
refer to Article 8 of this part.
B. The parties (VACO or NFFE VA Council) may amend this part only by
mutual consent, or this article.
C. The parties will meet to negotiate as appropriate on any law that is
enacted that conflicts with or adds to this part.
D. All amendments to this agreement will continue for the life of this
agreement.
Section 4
A. After the consolidated agreement has been in effect for 18 months each
of the parties may propose to reopen up to a total of 5 articles. In order
to reopen the agreement the party wishing to reopen the agreement will serve
the other party with a written notice of its desire to amend or modify the
agreement.
B. Although the two agreements will be consolidated there will be no
merger of language and each part will continue to apply to only the
employees covered by it.
APPENDIX A
INCLUDED: All registered staff nurses employed at the Amarillo
Veterans Administration Hospital, Amarillo, Texas.
EXCLUDED: Nurses in supervisory positions, head nurses, and
clinical specialists, persons engaged in Federal personnel work in other
than a purely clerical capacity.
INCLUDED: All full-time and regular part-time non-supervisory
professional employees employed at the Veterans Administration Hospital,
Castle Point, New York.
EXCLUDED: Employees engaged in Federal personnel work in other
than a purely clerical capacity, management officials, guards and
supervisors as defined in Executive Order and all other employees.
INCLUDED: All professional employees of Veterans Administration
Hospital and out-patient clinic, East Orange, New Jersey.
EXCLUDED: Director, managerial officials, supervisors, personnel
officials except those of purely clerical position, guards and
non-professional employees.
INCLUDED: Non-supervisory professional employees of the Fargo VA
Center, Fargo, North Dakota.
EXCLUDED: Management and supervisory personnel (supervisors are
defined as those officially journalized or recorded in personnel records as
supervisors. Leaders are not considered supervisors), Registered Nurses
(Nurse Anesthetists are not excluded), Personnel employees except those
engaged in purely clerical work, Guards, Trainees, Intermittent part-time
employees, and personnel appointed on temporary basis (90 days or less).
INCLUDED: All professional employees, both permanent and
temporary, employed by the Jackson Veterans Administration Center, Jackson,
Mississippi.
EXCLUDED: All non-professional employees, management officials,
employees engaged in Federal personnel work in other than a purely clerical
capacity, and guards and supervisors as defined in Executive Order 11491, as
amended, and all non-supervisory, wage board employees and building
management division, dietetic service and canteen service.
INCLUDED: All non-supervisory professional employees, and
Department of Medicine and Surgery professional employees, employed at the
Veterans Administration Center, Leavenworth, Kansas.
EXCLUDED: All managerial officials, supervisors, employees engaged
in Federal personnel work in other than a purely clerical capacity, guards,
and non-professional employees.
INCLUDED: All non-supervisory professional employees located at
the Veterans Administration Center, Martinsburg, West Virginia.
EXCLUDED: Managerial officials, supervisors, units of General
Schedule and wage grade employees currently under exclusive recognition,
nurses, employees engaged in Federal personnel work in other than a purely
clerical capacity, guards.
INCLUDED: All professional employees of the VA Hospital, New
Orleans, LA.
EXCLUDED: Doctors in training programs, all non-professional
employees, management officials, supervisors employees engaged in Federal
personnel work in other than a purely clerical capacity.
INCLUDED: All non-supervisory registered nurses employed by
Nursing Service, Northport VA hospital, including nurse technicians and
instructors, Northport, New York.
EXCLUDED: Supervisors, managerial personnel and guards, personnel
employed in Federal personnel work in other than a clerical capacity, Chief
Nursing Service; Assistant Chiefs, Nursing Service; Associate Chief, Nursing
Service and Education; unit administrators; head nurses; acting head nurses;
nurse supervisors in out-patient clinics; nurse-anesthetists.
INCLUDED: All professional employees at the Department of Veterans
Affairs Outpatient Clinic, Riviera Beach, Florida.
EXCLUDED: All non-professional employees, supervisors, management
officials, temporary employees, and employees described in 5 USC 7112 (b)
(2), (3), (4), (6) and (7).
INCLUDED: All professional nurses employed at the VA Hospital,
Shreveport, Louisiana.
EXCLUDED: All non-professional employees; management officials;
supervisors; and employees described in 5 USC. 7112 (b) (2), (3), (4), (6),
and (7).
INCLUDED: Professional employees of the U.S. Veterans
Administration Hospital, Spokane, Washington.
EXCLUDED: Non-professional employees,
managers, supervisors as defined in the Order, persons engaged in Federal
personnel work in other than a purely clerical capacity.
APPENDIX A
Title 38 Employees
INCLUDED: All registered staff nurses employed at the Amarillo
Veterans Administration Hospital, Amarillo, Texas.
EXCLUDED: Nurses in supervisory positions, head nurses, and
clinical specialists, persons engaged in Federal personnel work in other
than a purely clerical capacity.
INCLUDED: All full-time and regular part-time non-supervisory
professional employees employed at the Veterans Administration Hospital,
Castle Point, New York.
EXCLUDED: Employees engaged in Federal personnel work in other
than a purely clerical capacity, management officials, guards and
supervisors as defined in Executive Order and all other employees.
INCLUDED: All professional employees of Veterans Administration
Hospital and out-patient clinic, East Orange, New Jersey.
EXCLUDED: Director, managerial officials, supervisors, personnel
officials except those of purely clerical position, guards and
non-professional employees.
INCLUDED: Non-supervisory professional employees of the Fargo VA
Center, Fargo, North Dakota.
EXCLUDED: Management and supervisory personnel (supervisors are
defined as those officially journalized or recorded in personnel records as
supervisors. Leaders are not considered supervisors), Registered Nurses
(Nurse Anesthetists are not excluded), Personnel employees except those
engaged in purely clerical work, Guards, Trainees, Intermittent part-time
employees, and personnel appointed on temporary basis (90 days or less).
INCLUDED: All professional employees, both permanent and
temporary, employed by the Jackson Veterans Administration Hospital,
Jackson, Mississippi.
EXCLUDED: All non-professional employees, management officials,
employees engaged in Federal personnel work in other than a purely clerical
capacity, and guards and supervisors as defined in Executive Order 11491, as
amended, and all non-supervisory, wage board employees and building
management division, dietetic service and canteen service.
INCLUDED: All non-supervisory professional employees, and
Department of Medicine and Surgery professional employees, employed at the
Veterans Administration Center, Wadsworth, Kansas.
App. I-1
EXCLUDED: All managerial officials, supervisors, employees engaged
in Federal personnel work in other than a purely clerical capacity, guards,
and non-professional employees.
INCLUDED: All non-supervisory professional employees located at
the Veterans Administration Center, Martinsburg, West Virginia.
EXCLUDED: Managerial officials, supervisors, units of General
Schedule and wage grade employees currently under exclusive recognition,
nurses, employees engaged in Federal personnel work in other than a purely
clerical capacity, guards.
INCLUDED: All professional employees of the VA Hospital, New
Orleans, LA.
EXCLUDED: Doctors in training programs, all non-professional
employees, management officials, supervisors employees engaged in Federal
personnel work in other than a purely clerical capacity.
INCLUDED: All non-supervisory registered nurses employed by
Nursing Service, Northport VA hospital, including nurse technicians and
instructors, Northport, New York.
EXCLUDED: Supervisors, managerial personnel and guards, personnel
employed in Federal personnel work in other than a clerical capacity, Chief
Nursing Service; Assistant Chiefs, Nursing Service; Associate Chief, Nursing
Service and Education; unit administrators; head nurses; acting head nurses;
nurse supervisors in out-patient clinics; nurse-anesthetists.
INCLUDED: All professional nurses employed at the VA Hospital,
Shreveport, Louisiana.
EXCLUDED: All non-professional employees; management officials;
supervisors; and employees described in 5 USC. 7112 (b) (2), (3), (4), (6),
and (7).
INCLUDED: All professional employees by the Veterans
Administration Medical Center, Shreveport, Louisiana.
EXCLUDED: All non-professional employees, management officials,
supervisors, professional employees appointed under intermittent, part-time,
temporary or term appointments; Dental and Physician Residents; Professional
Nurses; Professional employees wose duty station is at a Community Based
Outpatient Clinic or Veterans Outreach Center, and employees described in 5
USC 7112(b)(2)(3)(4)(6) and (7).
INCLUDED: Professional employees of
the U.S. Veterans Administration Hospital, Spokane, Washington.
App. I-2
EXCLUDED: Non-professional employees, managers, supervisors as
defined in the Order, persons engaged in Federal personnel work in other
than a purely clerical capacity.
INCLUDED: All full-time Title 38 professional employees of the
Veterans Administration Medical Center, Decatur, Georgia
EXCLUDED: All non-professional employees; nurses; residents;
interns; temporary employees; management officials; supervisors and
employees described in 5 U.S.C. 7112(b)(2), (3), (4), (6) and (7).
INCLUDED: All professional employees of the Department of Veterans
Affairs Medical Center, Miles City, Montana.
EXCLUDED: All non-professional employees; management officials;
supervisors; and employees described in 5 U.S.C. 7112 (b)(2), (3), (4), (6)
and (7).
INCLUDED: All professional employees located at the Veterans
Administration Medical Center, Walla Walla, Washington.
EXCLUDED: All nonprofessional employees and employees described in
U.S.C. 7112 (b)(2), (3), (4), (6) and (7).
INCLUDED: All full and part-time Title 38 nurses employed by
Department of Veterans Affairs, San Francisco, California.
EXCLUDED: Intermittent nurses, all
employees currently represented under exclusive recognition, nonprofessional
employees, management officials, supervisors and employees described in 5
U.S.C. 7112 (b)(2), (3), (4), (6) and (7).
App. I-3
