Page loading ... Please wait.

The Employer and the Union agree to support one another and to work as partners. This accord is grounded in a shared interest in delivering the highest quality products and services at the lowest possible cost to the American public. Both parties are committed to improving customer service, efficiency, quality of work life and military readiness. This will be achieved by mutual cooperation, employee empowerment, and organizational teamwork.

The Employer and Union will work together as a team, with a common focus. In order to realize full potential, as partners we must recognize that a sound relationship is built upon the following principles:

a. The public interest comes firsts.

b. All members of the work force are valued and respected and their privacy and confidence must be maintained.

c. The focus is on common interests and shared problems rather than on exclusive rights and conflicting positions.

d. Information is shared freely and openly in the decision-making process. Union involvement and informed employees add value to the quality of decisions.

e. Workplace decisions are made through mutual cooperation, with shared accountability.

f. Parties treat each other as equals with trust, respect, and appreciation for one another’s roles and responsibilities.

g. Conflict is inevitable and healthy, but secondary to our common interests.

The Commander and the Union Vice Present for ARPC have the responsibility and authority to establish a Labor-Management Partnership Committee and appoint its members.

Within the spirit of mutual interest and cooperation, the Committee will:

a. Establish a framework and environment for Labor-Management relations and collective bargaining;

b. Inform all managers and employees of the Agreement;

c. Evaluate organizational performance and improvements resulting from the Committee’s efforts;

d. Meet monthly, or upon request of either Party;

e. Use a cooperative, interest-based approach to resolve issues and problems;

f. Employ Alternative Dispute Resolution techniques;

g. Designate co-chairs and alternates; add additional members (permanent or temporary) as required;

h. Establish subcommittees as needed;

i. Take action to achieve the goals and objectives of this Agreement.

The Unit, AFGE Local 2040, Unit B, is comprised of: All civilian personnel in the Denver, Colorado, metropolitan area employed by the Air Reserve Personnel Center and/or serviced by the ARPC Civilian Personnel Office (CPO), but EXCLUDING all Employer-officials, supervisors, professionals, and employees engaged in federal civilian personnel work in other than a purely clerical capacity.

SECTION A. General. Each employee has the right freely and without fear of penalty or reprisal, to form, join, or assist the Union or to refrain from any such activity. The right to assist the Union extends to participation in the management of the Union and to acting in the capacity of a Union representative, including presentations of its views to officials of the Employer, the Executive Branch, the Congress, or other appropriate authority. The Partners will ensure that employees are apprised of their rights under this Article and that no interference, restraint, coercion, or discrimination is practiced to encourage or discourage membership in the Union.

SECTION B. Employees’ Right to Participate. Employees have the right to engage in collective bargaining with respect to conditions of employment through representatives of the Union.

SECTION C. Employees’ Notification. The Employer will annually inform all members of the bargaining unit of their rights, as set forth in this Article.

SECTION D. Employees’ Concerns.

1. Employees have the right and will be encouraged to bring matters of personal concern regarding conditions of employment to the attention of the appropriate Employer or Union representatives at the lowest level capable of resolving the matter.

2. To the extent possible, the Employer and the Union will assure privacy during an investigatory interview and confidentiality of investigative records.

3. Any employee identified as a Union witness may request a Union representative when being interviewed by the Employer’s representatives.

4. The Union will be given the opportunity to be represented at formal meetings between the Employer and employees concerning grievances, personnel policies, practices, or other matters affecting general working conditions of employees.

Title 5, United States Code (U.S.C.), Section 7106, and Executive Order 12871, give Employer-officials have the authority:

SECTION A. The Employer will recognize the duly elected officers of the Union, a reasonable number of appointed stewards, and those individuals designated by the Union to be local or national representatives. Except for internal Union business, the Union President or the designee will be allowed reasonable official time to perform official duties of the Union with members of the bargaining unit and/or representatives of the Employer.

SECTION B. The Union will provide a list of elected or appointed officers, stewards, and the organizational segment or segments for which each steward has primary responsibility as the Union’s representative, to the Civilian Personnel Office and to each supervisor as changes occur. Appointed representatives will not be recognized until the Civilian Personnel Office receives such written designation. The Union may maintain a current roster of representatives in the space allocated for Union use on appropriate bulletin boards.

SECTION C. The representatives of the Union for administration and implementation of this Agreement will be the President of the Union or the person they may designate in writing to act in their place.

SECTION D. Union representatives will be authorized to be absent from duty stations under the following conditions:

1. The request for a Union representative may come from a unit employee or an Employer official or may arise from a condition where a Union representative would be appropriate in accordance with the provisions of this Union-Management Agreement.

2. In all cases in which a Union representative is released as outlined in this Agreement, the parties will rely on the "reasonable time" concept. It is understood by the parties that the word "reasonable" is defined as "that time that is required to perform the task involved and for which the Union representative is released."

3. Matters or situations, which are appropriate for a Union representative to be released include, but are not limited to, the following:

(a) Meetings called by Employer-officials. The Employer-official calling the meeting arranges these meetings.

(b) Meetings provided for in this Agreement. The appropriate Employer- official will arrange for such meetings.

(c) Union-requested meetings with Employer-officials. The appropriate Employer-official or the Civilian Personnel Officer will arrange such meetings.

4. Employee(s) will be afforded a reasonable amount of official time in connection with complaint, guidance, or advice, which is being provided to them by a representative of the Union.

5. Union representatives will document their use of official time in writing, to include the total time used and the purpose of the absence. Such documentation will be submitted to their supervisors at the end of each pay period.

SECTION E. Union representatives wishing to be released for Labor-Management reasons will secure the approval of their immediate supervisors. The supervisor will grant such request to leave unless there is a mission requirement that would temporarily delay the departure. In those cases, the parties will attempt to arrive at a mutually acceptable time for departure. When the Union representative cannot be immediately released, the Union representative will be given time to inform any other parties involved of the decisions. A refusal to release a Union representative will require a written explanation of the reasons for refusal.

SECTION F. When Union representatives have permission to leave the work site on Union business, they will notify their supervisor of their departure time, their anticipated return time, the purpose of their absence, and the Employer official involved. Union representatives will notify their supervisors of their return to their work site.

SECTION G. Formal meetings and Weingarten, Section 7114(a)(2) states:

SECTION A. The Employer will provide a reasonably safe and healthy place

for the employees, and comply with all applicable laws and regulations. The Employer will take prompt and appropriate action to correct any unsafe/unhealthy conditions or action reported or observed. Employees are encouraged to report unsafe/unhealthy conditions to their supervisors.

SECTION B. The Employer will provide required safety devices and equipment. Employees will use approved and available safety devices and equipment, comply with safety instructions, and report on-the-job injuries promptly to their supervisors.

SECTION C. The Union will actively support health and safety practices among its membership. The Union will name a qualified representative to serve on the ARPC Safety Council or its equivalent. The Unions Safety representative will be responsible for presenting the views of the Union on safety policies. A Union safety representative will be given the opportunity to accompany the ARPC Safety Officer on inspections in individual directorates.

SECTION D. To ensure employees’ safety, a periodic review will be conducted on water and air quality, along with lighting and video display terminals. Other safety concerns may be brought to the attention of the parties and studies requested on an as-needed basis. The Union will be provided with a copy of the results of all reviews and Safety Reports.

SECTION E. When employees have been in a non-duty status because of serious illness or injury, they will not be returned to duty in their current position until competent medical authority has determined that they can return to duty without harm, to themselves or other employees. If the Employer has not designated the attending medical authority, the Employer reserves the right to designate a different medical authority to make the final determination.

SECTION F. For employees who are impaired to a degree that they can no longer perform the duties of their current positions, the Employer will take appropriate action, which may include one or more of the following actions (after considering rights under Workers’ Compensation):

1. Detail employees for a short period of time to duties that they can perform without harm to themselves or other employees.

2. Authorize sick leave, annual leave, or leave without pay to allow employees to improve to the physical requirements of their current positions.

3. Reengineer a current position, eliminating those duties requiring a physical capacity that an employee no longer possesses.

4. Reassign in grade or change employees to a lower-graded position that they can perform without harm to themselves or other employees.

5. Counsel employees regarding retirement options if they meet the minimum requirements.

6. Separate employee.

SECTION G. The Employer will maintain an occupational health program and provide health care services in accordance with governing directives. In addition, a nurse, physician’s assistant, or other individual competent to render emergency medical care, will be available.

SECTION H. In keeping with safety, comfort, and health of the employees, adequate transportation will be provided to transport employees from one work area to another. Applicable regulations will be the determining factor on vehicles to be used. Employees will not be required to use their private vehicles without proper compensation.

SECTION A. The Employer and the Union agree that a smoke-free environment is in the best interest of the health and safety of all employees. Accordingly, all areas in the Gilchrist Building and posted areas surrounding the building are non-smoking areas.

SECTION B. The smoking preference of employees will not be determined or be a consideration in promotion and hiring practices. Potential employees of the Gilchrist Building or other work areas occupied by bargaining unit smokers will be advised of the smoking provisions.

SECTION C. Employees will be allowed reasonable official duty time to attend an Employer-approved smoking cessation or similar type program.

SECTION D. At the supervisor’s discretion, employees will be allowed reasonable smoking breaks.

1. The Union and the Employer will cooperate fully to assist employees with personal problems that could affect their job performance. This assistance may include referral to the Employee Assistance Program (EAP).

2. We will work together to promote employee assistance programs designed to assist employees and their families with drug and/or alcohol abuse and emotional or other personal problems that affect job performance.

3. Personal privacy and confidentiality, except where excluded by law, must be protected for employees seeking counseling assistance consistent with applicable directives,

1. Employees will be allowed duty time, as determined necessary by the counselor, and approved by the supervisor, for counseling sessions during the assessment and referral phase of rehabilitation. Absences during duty hours for rehabilitation or treatment must be charged to the appropriate leave category in accordance with leave regulations. Employees attending sessions during duty hours for any phase of rehabilitation must advise their supervisors of scheduled appointments.

2. Leave of any type used by an employee for the purpose of seeking counseling under the EAP may not be used in any adverse or disciplinary action taken against the employee.

1. Employees may voluntarily seek counseling, referral, and information from the EAP on a confidential basis.

2. The confidentiality of medical/counseling records of all employees will be preserved in accordance with the Privacy Act and other applicable laws and directives.

1. We recognize that the EAP is designed to deal with a range of problems at an early stage when the situation is more likely to be correctable. If an employee requires assistance under the EAP and participates in the EAP, the responsible supervisory official must weigh this fact in determining appropriate disciplinary and adverse action, should such action become necessary.

2. Managers and supervisors should advise employees of the services available in the program.

3. Supervisors are responsible to direct employees who appear to be experiencing personal problems which are affecting their conduct and/or performance to an initial appointment with the EAP. Employees who do not comply with this referral may be subject to disciplinary actions.

SECTION E. EAP Training - Union Participation. Union representatives will be invited to attend seminars, workshops, conferences, or training sessions designed to acquaint supervisors, managers, and employees with the EAP and its operation.

1. At least once a year, the Employer will make employees aware of EAP and the services it provides.

2. Posters will be posted on official bulletin boards giving information on the EAP.

3. Newly hired employees will receive appropriate EAP materials at their ARPC orientation.

4. As soon as a change is known in the EAP contractor, or any change in the nature of services provided, all affected employees will be notified in writing, via e-mail on the Local Area Network (LAN).

1. Only employees, their designated representatives, or persons designated by governing directives will be allowed access to the employees’ OPFs.

2. OPFs are maintained at the Air Force Personnel Center in hard copy and electronic format. Copies of documents must be requested through Civilian Personnel Office and will be provided to the employee electronically. Strict confidentiality will be maintained at all times.

1. Employees will be given an opportunity to discuss and initial all comments entered into the SRE. The employee’s initials indicate only that the employee is aware of such entries. The employee’s initials do not indicate concurrence or

non-concurrence with the entry. The supervisor will provide copies of all comments when requested by the employee.

2. If an action is reversed through the grievance procedure, either informally or formally, any pertinent notation(s) entered into the SRE will be deleted and the employee advised of the deletion.

3. Oral admonishments will be entered on the SRE and will be deleted from the SRE, at the supervisor’s discretion, or earlier as a result of the grievance procedure, but not later than 1 year after the effective date.

Unless otherwise defined, the term "seniority" as used in this Agreement means computed time for an employee’s Service Computation Date (SCD).

SECTION A. Position descriptions will be kept current and will be based upon the principal duties and responsibilities assigned to each position. All identical positions within the same organizational unit will normally be covered by the same position description. Any changes in the position description will be discussed with the employee by the supervisor. Employees will be furnished a copy of changed position descriptions as soon as administratively possible and/or will be advised to make approved pen and ink changes to their copy of the position description.

SECTION B. Employees in the unit who feel their positions are improperly classified must first consult with their supervisors for clarification. Should the supervisor be unable to resolve employees’ questions, the employees may request an interview with the Air Force Personnel Center Classification Specialist and their supervisor about the basis of their position classification and may be accompanied by a Union representative. Should this fail to resolve the employees’ questions, the employees will be advised that they may file a classification appeal under appropriate directives.

SECTION C. If employees wish to file a classification appeal, they may consult with the Civilian Personnel Office and, if desired, be accompanied by a representative of their choice.

SECTION D. When the sentence "performs other duties as assigned" (or similar wording) is used in the position description, it will normally mean tasks, which are reasonably related to the position and are of incidental nature. Duties unrelated to the position may be assigned on an infrequent basis to accomplish the work of the Employer. We agree that the right to assign duties unrelated to the position will not be abused. The Employer will consider the employee’s qualifications when making such assignments.

SECTION A. In accordance with governing Training directives, the Employer will identify those situations in which training can aid in achieving defined job-related objectives. Available training programs will be discussed with employees who would normally be eligible for such training. The Employer and the Union recognize that employees have a responsibility to keep abreast of changes occurring in their own occupations and make use of available self-development courses. Employees are responsible for informing their supervisors and the Civilian Personnel Office of self-development. Training that meets applicable Air Force directives will be recorded in the employees’ OPFs.

SECTION B. The Employer encourages each supervisor to stimulate and encourage the interest of their subordinates in self-development activities. The Union will also provide guidance and encouragement to its members to engage in self-development activities.

SECTION C. Upon request, the Employer will provide the employee notification of available financial aid.

SECTION D. Excused Absence for Union Training.

1. Union representatives may be administratively excused to attend Union training sessions, provided the training has supervisory approval, and is of mutual interest to the Employer and the Union.

2. Requests for excused absence to attend a training session will be submitted through the Civilian Personnel Office for consideration by the Employers.

SECTION A. General. We will cooperate in providing equal opportunity for all persons to prohibit discrimination because of age, sex, race, religion, color, national origin, or disability and to promote the full realization of equal employment opportunity (EEO) through a positive and continuing effort.

SECTION B. Exchange of Information. The Employer will provide the Union Vice President for ARPC statistical data once a quarter on the composition of the work force in relationship to the Civilian Labor Force (CLF). A copy of the Affirmative Employment Plan will be furnished to the Union with a copy of the Accomplishment Report, as generated.

SECTION C. EEO Committees.

1. The Union will have representation on the Special Emphasis Program Committees.

2. The functions of these committees will include recommending changes in new or revised EEO plans and Affirmative Action Programs, and recommendation of actions to remedy shortcoming in existing EEO plans and programs. The Union’s representative will be a full participant on committees.

SECTION D. EEO Counselors.

1. The Employer will appoint EEO counselors selected from a list of nominees, which will include the names of any employees who have been nominated by the Union.

2. EEO counselors will be properly trained in accordance with appropriate directives and will be made available and accessible to employees on duty time if otherwise in a duty status.

SECTION E. Complaint Processing.

1. In accordance with governing directives, when contacted by an aggrieved person, the EEO counselor will advise that person that they must choose one (not both) of the following processes:

a. A right to have their allegations of discrimination addressed in the negotiated grievance procedures of the collective bargaining agreement with a caution that the opportunity to raise allegations of discrimination will be lost if not raised in the grievance process.

b. A right to have their allegations of discrimination addressed under the EEO process.

2. The EEO counselor is required to inform the aggrieved person that once they decide which process they elect to use, the aggrieved person is precluded from using the other process to address the same matter.

a. When EEO complaints impact bargaining unit employees, the Union will be informed of all proposed remedies or corrective action to be taken as the result of an informal or formal complaint resolution.

b. When it has been determined that a complaint does not meet the EEO criteria, the complaint may be referred to the Union as a timely filed grievance, at the employee’s discretion.

SECTION A. Each working day begins no earlier than 0600 and no later than 0830. Each working day ends no earlier than 1430 and no later than 1800. Lunch periods are between 1100 – 1230, as appropriate to the employee’s individual work schedule.

SECTION B. Employees must be present for work during core times,

0830 - 1100 and 1230 - 1430, unless they are in a leave status or other authorized absence.

SECTION C. Employees may work one of the following work schedules:

1. Standard Schedule: 8 hours per day, 5 days per week; the start, stop, and lunch times are flexible and must comply with Section A and Section B, above.

2. Compressed Work Schedule 5-4/9: 9 hours per day for 8 days; 8 hours on 1 day, and 1 day off during the pay period; start and stop times are fixed, not flexible, and must comply with Section A and Section B above.

3. Compressed Work Schedule 4/10: 10 hours per day, 4 days per week and

1 day off each week. Start and stop times are fixed, not flexible, and must comply with Section A and Section B, above.

SECTION D. All work schedules require a minimum of 30 minutes for lunch.

NOTE: Individuals on a compressed schedule also must establish a fixed lunch duration to ensure they meet their fixed departure time. Any variation from this requires the individual to be in a leave or other authorized absence status.

SECTION E. A 15-minute rest period is authorized once during the morning and once during the afternoon. Break periods may not be combined with start/stop times or lunch periods.

SECTION F. Management retains the right to exempt any employee or work center when participation would prohibit the mission’s accomplishment. All other exceptions, limitations, and restrictions concerning hours of work are detailed in ARPCI 36-6001 (Work Schedules). Disagreements will be resolved through the Alternative Dispute Resolution (ADR) process.

SECTION A. Overtime and compensatory time must be pre-approved by the supervisor. Opportunity for overtime assignments, including work on holidays, will be distributed and rotated equitably among those qualified employees who are under the supervisor or supervisors having the work performed. Suitable records of overtime and holidays worked and refused will be maintained to assure that each employee receives substantially the same consideration. In the event of a grievance, such records can be reviewed by the employee’s Union representative. For the purpose of record keeping, overtime refused will be counted as overtime worked.

SECTION B. In the assignment of overtime/compensatory time, including work on holidays, the Employer will provide a minimum of 5 hours notice, except in the event of an emergency.

SECTION C. An employee called in to work outside of, and unconnected with their basic work week will be paid a minimum of 2 hours of pay, regardless of whether they are required to work the entire 2 hours.

SECTION D. Employees may be required to work overtime during a period that they are, or will be, on leave, if there are no other available qualified employees working for the supervisor who is having the work performed.

SECTION E. Employees who work overtime will be allowed a 15-minute rest period during the middle of each consecutive 5-hour period worked. Every effort will be made to allow employees to take their rest period in protected areas during inclement weather. A minimum of 30 minutes will be allotted for an unpaid meal period during each scheduled 8-hour shift.

SECTION A. Annual leave is a right of the employee. Consistent with the needs of the Employer, annual leave, which is requested in advance, will be approved. In response to a request by the Employer, the employee will submit a proposed annual leave schedule during January of each year for the full leave year. If a decision to alter or cancel such scheduled leave is made, the supervisor and the employee concerned will discuss the matter with the next-level supervisor. Disputes between employees of common skill and grade, where mission requirements allow, will be resolved by granting the vacation time to the employee with the most seniority as defined in this Agreement. However, when an employee with an approved vacation schedule transfers, the new supervisor will schedule the employee’s annual leave, giving consideration to the desires of the employee, the leave scheduled by other employees in the new organization, and the requirements of that organization. If the employee’s original schedule can be accommodated in the new organization without disruption to the scheduled leave of other employees, it will be so scheduled in the new organization

SECTION B. If a director or other similar Employer official determines that peak workloads preclude all but emergency leave in a portion of the year, that period of time will be reduced to the shortest possible time. The appropriate Employer official will consult with the Union regarding need for and duration of any restriction. In any event, where the need of an individual to take leave is sufficiently justified and the restricted time exceeds 30 days, a minimum number will be allowed to take leave.

SECTION C. Employees who are selected to serve in the capacity of AFGE officers or representatives, who require absence from the job, may be granted annual and/or leave without pay for the necessary periods. Upon approval, the employee may take annual leave, if accrued, or leave without pay at the option of the employee. Leaves of absence for these purposes will not exceed 1 year at a time, but may be renewed from year to year.

SECTION A. When an employee has been notified in writing about suspected abuse of sick leave, a medical certificate or satisfactory evidence of incapacity for duty may be required to substantiate a request for approval of sick leave for 3 days or less. Written notice of required certification for all periods of sick leave will include the duration of the requirement period.

SECTION B. Employees who, because of illness, are released from duty on the written advice of the Wellness Center will not be required to furnish a medical certificate to substantiate sick leave for the day released from duty unless the period of sick leave exceeds three days.

SECTION C. Advanced Sick Leave. Advance sick leave up to 240 hours may be granted in cases of serious disability or illness subject to the following conditions:

1. A review of prior sick leave history; annual leave versus sick leave balance history; length of continuous employment and whether all accumulated sick leave has been exhausted.

2. A physician or medical specialist has certified the medical status of the employee. Specifically the following information will be provided:

a. The history of the specific medical condition including references to findings from previous examinations, treatment, and responses to treatment.

b. Clinical findings from the most recent medical evaluation.

c. Assessment of the current clinical status and plans for future treatment.

d. Diagnosis.

e. An estimate of the expected date of full or partial recovery.

3. Advance sick leave will not be granted if:

a. It is considered likely that the employee will not return to duty for a sufficient period of time to repay the advanced leave, or

b. If there are insufficient funds in the retirement account to liquidate the indebtedness, or

c. If the employee is about to retire or be separated.

4. The amount of sick leave is limited to the least amount required.

5. The employee must be serving under Career or Career-Conditional appointment and have been under the Civil Service Retirement System or Federal Employee Retirement System (FERS) for 1 year or more.

SECTION D. Family Leave. Family leave will be administered in accordance with applicable directives.

SECTION E. Transfer of Leave. Transfer of leave will be accomplished in accordance with applicable directives.

SECTION A. The supervisor will meet with the employee at the beginning of the rating period and ensure the employee understands the job performance elements and job performance standards, has a copy of the elements and standards, and has a current copy of their position description.

SECTION B. Quarterly feedback is required and will be rendered on the Air Force Form 860B, Civilian Progress Review Worksheet. The employee will be given the original of the form and a copy will be filed in the Supervisor’s Record of Employee, the AF Form 971.

SECTION C. At the end of the annual rating period, the supervisor's evaluation will consider factors beyond the control of the employee that may have caused the employee not to achieve a specific performance level (e.g., extended illnesses, long-term training, TDY, etc.). Additionally, consideration will be given to supervisor-approved voluntary activities that support ARPC (e.g., official Union duties, EEO counseling, special emphasis programs, Wellness Committee, etc.) Employees will be rated only on the actual time spent functioning against their performance standards.

SECTION D. Ratings of record remain in effect until replaced by another rating of record. Normally, all annual ratings will be effective on the same date, unless an early annual rating or an extension of that rating is required. In cases where the rating period has been extended, a memo indicating the reason for and length of the extension must be prepared by the supervisor and given to the employee. A copy will also be forwarded to the Civilian Personnel Office.

SECTION E. If the supervisor, at any time, determines that an employee's

performance is "Unacceptable," the supervisor will inform the employee of what is needed to bring their performance to the "Acceptable" level. The supervisor will provide the opportunity for assistance to the employee to improve their performance. The supervisor will develop a Performance Improvement Plan, in writing, and include whatever measures the supervisor determines are necessary to bring the employee's performance up to the "Acceptable" level. Any improvement plan that is developed will provide for, as appropriate, counseling, training, and guidance, prior to considering initiation of adverse action.

SECTION A. The provisions of this article apply to the filling of positions within the bargaining unit through the promotion process. When a position is filled by promotion, competitive procedures will be used except as otherwise provided herein.

SECTION B. Exceptions. An employee will be promoted without competition in the following cases:

1. When the position is classified to a higher grade without a significant change in duties and responsibilities; because of the application of new classification standards; or to correct a classification error. In this instance, the incumbent will normally be promoted, provided the employee meets the qualifications and legal requirements, or unless there are other persuasive reasons for not promoting the incumbent. The individual must be removed from the position in accordance with appropriate regulations if the employee does not meet the above.

2. Retained Grade and Retained Pay

a. Employees who are on retained grade will be selected for positions at grades up to and including their retained grade in the same pay system unless the Activity Commander or his/her designated representative grants an exception. If more than one retained-grade employee is eligible for a position, all retained-grade employees will be referred for consideration.

b. Employees who are on retained pay will be given priority referral for noncompetitive promotion in the same pay system from which downgraded. If more than one retained-pay employee is qualified for a position, all retained-pay employees will be referred for consideration.

3. A position change action required by Reduction in Force (RIF) regulations, which is technically termed a promotion because of a pay-fixing policy, is not subject to competition.

4. When an official determines that a detail to a higher grade will exceed

30 days, a noncompetitive temporary promotion should be processed. Any prior service under details to higher-grade positions or temporary promotions to higher- grade positions during the preceding 12 months will count toward the 120 days noncompetitive limitation.

5. A non-competitive promotion may be made when an employee fails to receive proper promotion consideration.

6. Other Exceptions

a. A competition was held at an earlier stage; that is, the employee was selected from a Civil Service register or under competitive promotion procedures for an assignment intended, as a matter of record, to prepare the individual for the position to be filled.

b. The employee's position is reconstituted in a higher grade because of natural growth of the position, which did not result from planned Employer action.

SECTION C. Application of Competitive Procedure. Competitive promotion procedures will apply to the following placement actions:

1. All promotions, except as excluded by governing directives currently in existence, or herein above excluded.

2. Transfer of a candidate to a higher graded position than the candidate's last position.

3. Selection for training when it is given primarily to prepare an employee for advancement and is required for promotion.

4. Selection for a temporary promotion for more than 120 days.

SECTION D. Promotion Evaluation Pattern (PEP). A Promotion Evaluation Pattern (PEP) is an objective statement of position requirements against which employees are evaluated. The PEP is developed as a result of job analysis of the position(s) to be filled whereby essential knowledge, skills, and abilities (KSAs) are identified. The pattern may apply to a group of positions organized by occupation and grade or to one position. It states the requirements for basic ranking factors, and for final relative rankings. The Union will be given

3 working days to review, comment, and/or request to negotiate on impact of newly developed PEPS. All supporting documentation relating to a PEP will be provided to the Union as attachments to the PEP.

SECTION E. Areas of Consideration. The areas of consideration when filling positions within the unit are:

1. The standard area for all positions is all activities serviced by the Civilian Personnel Office. The expanded area is Air Force-wide.

2. After notification to the Union with a reasonable time (normally 5 days) to respond after receipt, special areas of consideration may be established for temporary promotion, details, permanent promotions to occupied positions upgraded by classification actions and selection for a training course established as a condition of promotion eligibility.

3. If the area of consideration is expanded, the Union will be notified.

SECTION F. Identifying Candidates for Promotion. Methods for identifying candidates for promotion are:

1. The Automated Promotion, Placement, Referral Subsystem (PPRS).

2. Vacancy Announcements: Vacancy announcements used to identify candidates when special qualifications are required, or when it is a more economical or desirable means of identifying qualified candidates. The Union will be provided a copy of the announcement.

SECTION G. Basic Eligibility. All candidates for promotion must meet all legal requirements and the screening factors established in the appropriate PEP. Screening factors normally include the following:

1. Minimum training and experience required by the OPM X-l 18, Qualification Standards for Positions Under the General Schedule, and OPM X-l 18C. Job Qualification System for Trade and Labor Occupations.

2. Physical requirements of the position.

3. Time-in-grade requirements established by Office of Personnel Management (OPM).

4. Additional placement factors may be used as supplementary requirements as determined by management. When selective placement factors are used, the Union will be afforded an opportunity to negotiate the impact.

5. Special requirements may be used as determined by management.

6. Written test as required by or as approved by OPM.

SECTION H. Evaluating and Ranking Candidates.

1. All candidates who meet the minimum qualification standards and other eligibility requirements are ranked in order on the basis of the ranking factors specified in the appropriate PEP.

2. One or more of the following ranking factors are applied in the ranking process to determine which candidates will be placed in the final round of competition:

a. Training, Education, and Experience (TRAEX). TRAEX ratings measure and compare such aspects as scope, quality, pertinence, timeliness, and the quantity of a candidate's work experience, education, and training in relation to requirements of the job being filled.

b. The current Supervisory Appraisal System.

c. Written Tests. Authorized written tests are used as specified in the PEP.

d. Whole Person Evaluation. This ranking factor is used when filling certain positions GS-12 and above as specified in the appropriate PEP.

e. Awards. A maximum of three (3) Points if within the last 3 years.

SECTION I. Promotion Registers.

1. Promotion registers are established for positions as the need arises. The names are listed in rank order and show the rating assigned each candidate on each ranking factor used, the date the register was established, and the dates the candidates were entered on the register. Only the number of eligible candidates needed to meet needs during the life of the register will be considered for all subsequent vacancies filled from that register. A promotion register may be used for a one-time referral or it may have an indefinite life. However, at intervals of not more than 3 months, it must be opened to give voluntary applicants, new employees, and those who have become qualified since the date of the last evaluation process the opportunity to be rated and listed on the register in their proper order.

2. Candidates are certified from the register in alphabetical order.

SECTION J. Certifying Eligible Candidates. A Merit Promotion Certificate lists names of the best-qualified candidates in alphabetical order with comparative evaluation information for each candidate issued to the selecting supervisor. Names of employees who indicate unavailability, either orally or in writing, for specific positions, organizations, or locations are not listed. Omission from a certificate for this reason does not affect an employee's eligibility or the order of relative standing on the register for certification for other positions.

1. More than 10 names, but not more than 15, are certified when best candidates have tie ratings for listing on the certificate. If, however, certification of all candidates with tie ratings will result in certification of more than 15, final determination will be based on the RIF SCD to reduce the number to 15.

2. Fewer than 10 best-qualified candidates may be certified when the standard area of consideration produces less than 10. When less than three highly qualified candidates are certified and the supervisor does not desire to select one of those certified, the area of consideration will be expanded to locate additional highly qualified candidates.

3. One additional name is certified for each additional vacancy to be filled. An additional name may be certified for each declination.

4. If two or more supervisors request a promotion certificate at the same time, the same eligible candidates are certified to each supervisor and additional names are certified to replace candidates selected for promotion. If an employee is selected on two promotion certificates, that individual may determine the position preferred.

SECTION K. Selection from a Certificate. Except as provided in Section B, any candidate may be selected. Each candidate readily available within the commuting area will be interviewed. If the interview schedule changes, the selecting supervisor will contact the candidate to reschedule the interview. If the candidate cannot be present at the specified interview time, the candidate must contact the selecting supervisor to reschedule the interview. If an employee is not available for interview within 7 working days, the supervisor may consider the employee by reviewing the Career Brief and obtaining information from the current supervisor. If an interview is desired with eligible candidates located outside the commuting area, the supervisor may interview by telephone or arrange a courtesy interview through the Civilian Personnel Office. Selection of employees of the installation is encouraged unless candidates outside the commuting area or non-Air Force candidates are clearly better qualified for the position vacancy. A supervisor need not fill the position by promotion action. The position may be filled by any other legal means. Normally, supervisors must complete all interviews, make selection, and return the Merit Promotion Certificate to the Civilian Personnel Office within 7 working days after completion of the interviews. Written justification must be made to the Civilian Personnel Office for extension if selection has not been made from a certificate within 30 days after receipt of the certificate.

SECTION L. Information to Competing Candidates.

1. Employees who apply for announced vacancies are informed whether they were rated eligible or ineligible, and if eligible, whether they were ranked among the group referred to the selecting supervisor for consideration. When registers are established from which continuing certification is made, employees are informed if they have been entered in the register or rated ineligible.

2. When a skills locator or statistical listing is the means of identifying eligible candidates, employees have the right to review their own records of training and experience used to make the determination.

3. The selecting supervisor will inform the candidates interviewed in the selection process of the final selection. An unsuccessful candidate may, upon request, be informed how the selected candidate was the best qualified for the position. If the request is in writing, the reply will be in writing.

4. Upon inquiry to the Civilian Personnel Office, candidates are entitled to be informed of their rank orders, their personal ratings assigned on each rating factor used, and their personal overall rating which established their individual rank orders. Candidates are not given information on ratings assigned to other competitors.

SECTION M. Release of Employees.

Employees selected for promotion will be released from their present job within

2 weeks, unless a later date is agreed upon by both releasing and gaining supervisors. In no case will the period exceed 30 days.

SECTION N. Special Promotion Policies and Procedures.

1. Positions Covered by Career Programs. The policies and procedures established by a DoD or Air Force Career Program will apply when filling positions covered by such programs.

2. Additional Policies and Procedures.

a. Supervisors and members of Management may not select, promote, or advance one of their relatives to a position at the Air Reserve Personnel Center and serviced activities, nor may they advocate such action. Relatives include not only immediate family, but also uncles, aunts, cousins, nieces, nephews, in-laws, etc.

b. When fewer than three qualified candidates can be identified for certification to a selecting supervisor, those candidates who are within 3 months of attaining full eligibility for promotion may be entered on the promotion certificate. They may be certified for promotional consideration; however, they may not be promoted until they are fully qualified and meet all eligibility requirements. When this provision is employed, all employees who will become eligible within the specified period will be included in the area of consideration.

c. Once the promotion process begins, there will be no changes in: appraisals of candidates, test scores, experience, and training records, unless an administrative error has been made. If it is determined during the promotion process that the qualification requirements must be changed for any reason, the vacancy announcement may be canceled and re-advertised with the new qualification requirements.

d. Formal requests by employees for reassignment will be forwarded to the Civilian Personnel Office through the appropriate chain of command. Supervisors may concur or non-concur, but must forward such requests. Supervisors must state the reasons for non-concurrence.

SECTION O. Keeping Employees Informed.

1. A copy of the Merit Promotion Plan is available to all employees through their immediate supervisors. Supervisors are responsible for familiarizing themselves with the plan and answering employee's questions regarding the operation of the plan. The Civilian Personnel Office is responsible for answering specific questions regarding the operation of the Merit Promotion Plan that cannot be answered by the immediate supervisor.

2. The Civilian Personnel Office periodically publishes a list of positions that have offered opportunities for promotion. Employees may obtain information regarding qualification requirements for positions in the Civilian Personnel Office. Employees need only apply for those announced vacancies. Qualified eligible candidates are automatically considered for unannounced position vacancies.

3. Career planning and counseling is available in the Civilian Personnel Office to all employees. The Affirmative Employment Section will counsel interested employees.

SECTION P. Promotion Records. To ensure that information on promotion registers and promotion certificates is not disclosed to unauthorized personnel, accidentally or intentionally, the following procedures apply:

1. Promotion certificates must be hand-carried or sent to selection officials in sealed envelopes and returned to the Civilian Personnel Office in the same manner. Selecting supervisors must ensure that information on the certificate concerning individual candidates is not disclosed to unauthorized personnel.

2. Supervisors, subject matter specialists, and Civilian Personnel Office employees who participate in any of the critical examination processes, such as determining eligibility, screening, or relative ranking, must recognize and fulfill their responsibility to safeguard the details of their work and result of application of examination techniques.

3. Employees’ access to promotion materials is limited to information pertinent to them. Employees are also entitled to know who was selected for promotion.

4. Inquiries about formal or informal appraisals obtained in the promotion process are referred to the supervisor who appraised or evaluated an employee.

5. Employees who believe that provisions of this plan were not followed should discuss complaints initially with their immediate supervisors. If the matter cannot be resolved, employees may contact the Civilian Personnel Office in an effort to obtain information regarding solution of the problem(s).

SECTION A. Selection of an employee will be fair and equitable in relation to all employees available for detail. Assignments that enhance qualifications or offer promotion possibilities will be rotated among qualified employees under the detailing supervisor.

SECTION B. Requests for details over 30 days will be prepared on the Standard Form 52 and contain the reasons for the detail. The employee will be given a copy of the approved Standard Form 50 and the detail position description, if available, or a summary of the major duties.

SECTION C. All details of more than 30 days will be made a matter of record in an employee's official personnel folder. The experience gained on a detail may be used as appropriate in making qualification determinations.

SECTION D. Details of 5 days or more will be noted on employees' SRE. Upon request, this information will be made available to employees so they may document cumulative details and forward it for inclusion in their Official Personnel Folders. Employees may submit appropriate documentation through their supervisors and receive assistance from the supervisors to describe the duties performed while on detail. Documentation must have at least 30 days accumulated detail time before submission.

SECTION A. General. Maintaining discipline is not normally a problem in working environments where reasonable rules and standards of conduct and performance are clearly communicated and consistently enforced; where supervisors set a good example; where aspects of conduct and performance needing improvement are identified in a way that respects the employee's dignity; where employees are treated fairly and are encouraged to improve; and where good performers are recognized. Constructive discipline seeks to develop, correct, and rehabilitate employees; to encourage their acceptance of appropriate responsibilities; and to prevent, if possible, situations where there is no alternative but to penalize. When there is an indication that the employee is experiencing social or personal problems, this needs to be considered before deciding on disciplinary action. When penalties are appropriate, they are applied as consistently as possible considering the particular circumstances of the cause(s) for disciplinary action.

1. The disciplining official will consider whether the penalty is fair, equitable, and no more severe than that which sincere judgment indicates is required to correct the attitude or conduct of the employee or to correct the situation. This provision will not prevent the Employer from taking any appropriate action but will require prior consideration of these factors. All actions taken under this Article will be initiated in the most expeditious manner and in accordance with the provisions of appropriate regulations.

2. Employees have the right to respond to any allegation or actions taken against them. When an oral admonishment is administered, it will be maintained in the SRE.

SECTION C. Disciplinary and adverse actions will be processed in accordance with the provisions of this article, except where they differ with the law. In that case, the law will prevail.

SECTION D. The Employer will informally discuss with an employee, if available, the basis for any disciplinary or adverse action. This discussion and careful consideration of the employee's views will take place before the Employer issues any written notice of proposed disciplinary or adverse action. The notice of proposed disciplinary or adverse action will inform the employee of their right to Union representation. Counseling on unfavorable or adverse situations will be conducted in private.

SECTION E. The Employer will immediately furnish the employee an extra copy of all proposed disciplinary or adverse actions and decisions. Employees, in preparing and presenting a reply to the proposed action(s), may represent themselves, be represented by the Union, or by another person of their choosing. After the decision has been issued, employees may represent themselves or be represented by the Union in the grievance procedure. If the affected employee elects to use the statutory appeal procedure, they may designate the Union or other representative of their choice. If the employee elects to be represented by the Union, copies of all subsequent correspondence addressed to the employee will be furnished to the Union representative, at no cost to the employee or the Union.

SECTION F. The following procedures for taking disciplinary or adverse actions will be followed for any action other than an oral admonishment. The Negotiated Grievance Procedure in this agreement will be the exclusive procedure available to bargaining unit employees for the review of these disciplinary actions, except those subject to statutory appeal procedures, i.e., suspensions over 14 days and removals:

1. If the Employer determines that a disciplinary or adverse action is appropriate, the following procedures will be followed:

a. The Employer will prepare a proposed notice stating specifically and in detail the reason for the disciplinary or adverse action. The proposed notice will be served on the employee within a reasonable period of time after the occurrence of the alleged offense or when the alleged offense becomes known to the Employer.

b. The employee will be given a reasonable amount of time to respond orally, in writing, or both. This period will not exceed 15 working days from receipt of the proposed notice.

c. The Employer will issue a written decision within 20 working days from the expiration of the time allowed for reply.

d. Disciplinary and adverse actions taken as a result of the employee's misconduct will be taken within a reasonable time and without discrimination. Disciplinary and adverse actions taken as a result of the employee's misconduct will be processed in accordance with the appropriate regulations and supplements thereto. The following factors, commonly referred to as the Douglas Factors, are recognized as relevant to disciplinary actions and adverse actions taken as a result of the employee's misconduct:

(1) The nature and seriousness of the offense, and its relation to the employee's duties, position and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated.

(2) The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position.

(3) The employee's past disciplinary record.

(4) The employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability.

(5) The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisor's confidence in the employee's ability to perform assigned duties.

(6) The consistency of the penalty with those imposed upon other employees for the same or similar offenses in like or similar circumstances.

(7) The consistency with the Guide to Disciplinary Actions.

(8) The notoriety of the offense or its impact upon the reputation of the Air Force.

(9) The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question.

(10) The potential for the employee's rehabilitation.

(11) The mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment or bad faith, malice or provocation, or the pain of others involved in the matter.

(12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. Adverse actions taken as a result of other reasons; i.e., unacceptable performance, reduction-in-force, etc., will be administered in accordance with applicable regulations.

e. The employee will be accorded 15 working days from receipt of the decision to file a grievance. For suspensions of 14 working days or more, or removals, a grievance under the negotiated grievance procedure or appeal to the Merit Systems Protection Board (MSPB) will be filed within prescribed time limits.

SECTION A. Normally, the Employer will not be placed in the position of collecting an employee's debts owed to private creditors, or determining the validity of such debts, except with respect to court orders which compel garnishment of the employee's wages to satisfy the employee's debts owed to private creditors, child support, or alimony.

SECTION B. Employees are expected to pay their just debts and maintain a reputation in the community for honoring debts.

SECTION C. If an employee is to be served with a warrant, summons, or subpoena on the Employer’s premises, the serving of the document will be done away from the employee's work site. In the event an employee refuses to go to the designated area, the document may be served at the work site.

The Employer will give the Union notice as far in advance as possible of its intention to use military personnel, which could result in a reduction in a unit civilian work force or demotion for a unit employee. Such advance notice will provide the rationale for making the contemplated change and will afford the Union an opportunity to negotiate on the impact.

SECTION A. The Employer will meet and confer with the Union regarding any study of a function considered for contracting out which affects employees within the bargaining unit. We will comply with all provisions of this Agreement and all applicable laws, rules, and regulations concerning contracting out.

SECTION B. The Employer will inform the Union Vice President for ARPC when contemplating the possibility of contracting out work being done by bargaining unit employees. Further, the Employer will keep the Union apprised of the development of the consideration to contract out.

SECTION C. The Union will be kept informed on the progress of commercial activities' studies of bargaining unit positions. Activities conducting such studies will meet and confer with the Union as frequently as necessary while the studies are ongoing. Briefings will be held with affected bargaining unit employees for the purpose of providing information about contracting out as well as encouraging their input about how to streamline operations.

SECTION D. The Employer will notify the Union when a site visit will be conducted for potential bidders of any function undergoing a commercial activity's study which contains bargaining unit employees. A Union representative may attend the "walkthrough" held for potential bidders.

SECTION E. The Employer will provide to the Union, upon request, information not prohibited by laws, rules, or regulations concerning cost comparison studies. After the completion of studies, periodic briefings will be held between the Employer and the Union to provide the Union with appropriate information on decisions affecting unit employees. This includes information on decisions to keep the function in-house or to contract it out.

SECTION F. If the Decision is to Contract Out.

1. We will meet and confer to assess the impact on bargaining unit employees and to minimize any adverse impact. If unit employees are displaced, the Employer will make every reasonable effort to minimize the impact on employees. Maximum retention of career employees will be achieved by considering attrition patterns and restricting new hires, if needed.

2. Employees who are adversely affected by the decision to contract out will be advised of their rights pertaining to the right of first refusal, RIF, and severance pay.

3. The Employer will retrain affected career employees, if necessary, when they are reassigned as a result of contracting out.

SECTION G. We recognize the "right of first refusal" which provides that the contractor will grant applicable ARPC employees, displaced by the direct result of contracting out, the right of first refusal of employment openings created by the contractor. Refusing the right of first refusal, because of displacement due to contracting out, will not deny a bargaining unit employee of any rights they might otherwise have under applicable RIF procedures; however, such refusal might affect the employee's entitlement to severance pay.

SECTION A. Definitions and Intentions.

1. ADR is an informal process, which seeks early resolution of employee(s), Union, and Employer disputes.

2. Any ADR process or programs must be jointly designed by the Employer and Union. ADR should be effective, timely, and efficient. It should focus on conflict resolution, problem solving, and foster a cooperative relationship.

3. ADR may include, but is not limited to mediation, interest-based problem solving, conciliation, facilitation, and neutral fact finding. Examples of some sources for third-party mediators are: trained Employer representatives, Union officials, and other federal employees on a roster of trained neutrals.

SECTION B. Rights and Responsibilities.

1. The Employer and the Union have the responsibility to provide information about the ADR option for dispute resolution. ADR should be undertaken in good faith.

2. Employees may voluntarily use the ADR process to resolve individual concerns with the mutual consent of the Employer and the Union, except when using the EEO complaint process. The Employer and Union agree to encourage the use of ADR except for the most frivolous matters.

3. Settlement agreements resulting from ADR processes are final when written, reviewed for legal sufficiency, and signed by the parties to the dispute or their representatives.

4. ADR resolutions and agreements to use ADR are not precedent setting. Settlement agreements under ADR cannot conflict with or supersede negotiated agreements.

5. Agreements to enter into the ADR process must state the objectives of all parties to the dispute as well as a commitment from all parties to the dispute to resolve their differences in a non-adversarial environment.

6. The parties to the dispute have the authority to use ADR at all stages of the dispute. It may be used prior to or during a grievance/arbitration or statutory appeal. In the use of ADR processes, contractual time frames will be stayed by mutual agreement. Statutory or regulatory time frames cannot be stayed.

7. The Employer and the Union agree to ongoing evaluation to improve the process.

SECTION A. Purpose. The purpose of this article is to provide a mutually acceptable method for prompt and equitable settlement of grievances.

SECTION B. Scope of Coverage.

1. A grievance means any complaint:

a. By any bargaining unit employee concerning any matter relating to the employment of the bargaining unit employee;

b. By the Union concerning any matter relating to the employment of any bargaining unit employee; or

c. By any bargaining unit employee, the Union or the Employer concerning:

(1) The effect or interpretation or a claim of breach, of this Agreement, or

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

2. The procedure contained herein will be the sole procedure available for resolution of grievances of employees in the unit and the parties thereto, except as provided in paragraph 4 of this section.

3. The parties to this Agreement and all employees within the unit will be entitled to use the procedures contained herein. The procedure will not be available to any employee outside of the bargaining unit.

4. An aggrieved bargaining unit employee affected by discrimination, a removal, or reduction-in-grade based on unacceptable performance, or other adverse action under 5 U.S.C., Section 7512 or Section 4303, may, at their option, raise the matter under a statutory procedure or the negotiated grievance procedure, but not both. For the purposes of this provision and pursuant to 5 U.S.C., Section 7121, employees will be deemed to have exercised their option under this provision in adverse actions when the employee files a timely notice of appeal under the statutory procedure or files a timely grievance, in writing, under the provisions of this article.

SECTION C. Exclusions. The following matters are specifically excluded from this procedure. Any claimed violation relating to:

1. Subchapter I 11 of Chapter 73, 5 U.S.C. (relating to prohibited political activities).

2. Retirement, life insurance, or health insurance.

3. A suspension or removal under 5 U.S.C., Section 7532 (relating to national security).

4. The classification of any bargaining unit position that does not result in the reduction in grade or pay of a bargaining unit employee.

5. Any examination, certification, or appointment.

6. Non-selection for promotion from a group of properly ranked and certified candidates.

7. An action terminating a temporary promotion within a maximum period of

2 years, and returning the employee to the former position or comparable position from which they were temporarily promoted or reassigned.

8. Non-adoption of a suggestion or disapproval of a quality salary increase, performance award, or other kind of honorary or discretionary award.

9. Preliminary notice of proposed action, which if effected, would be covered under the grievance system.

10. Separation actions taken on an employee serving a trial or probationary period.

SECTION D. Unresolved questions about whether a grievance is based upon a matter subject to the Grievance and Arbitration Procedures of this Agreement, may be referred by either party to arbitration as a threshold matter.

SECTION E. General Provisions.

1. Official Time. A reasonable amount of official time without charge to leave will be afforded in accordance with the following:

a. To the employee and the Union representative to discuss, informally, with the employee's first-line supervisor any grievance or complaint the employee may have. This meeting will take place only after the employee has informed their supervisor that they are aggrieved, the subject of their grievance, and that they desire Union representation.

b. To the Union representative to discuss informally or formally with the appropriate Employer-official any complaint the Union may have concerning matters under this Agreement.

c. To the employee and the Union representative for preparing and presenting a formal grievance or preparation for an arbitration hearing.

d. To a Union observer in those instances where this procedure provides for such an observer.

2. Representation Rights. An employee is entitled to a Union representative at any stage of the grievance procedure. Any unit employee may present and process a grievance under this procedure without the intervention of the Union, except that only the Union or the Employer may invoke arbitration. If employees represent themselves, the Union will be given an opportunity to be present during the grievance proceeding.

a. The Union representative for the organizational segment in which the grieving employee works unless extenuating circumstances, as determined by the Union, exist which precludes them from acting on the employee's behalf. If the representative is other than the Steward, the extenuating circumstances and the designation will be in writing to the supervisor by the Union.

b. In the event of a group grievance, the representation in paragraph (1) above will apply, but only one Union representative will be allowed for the entire group.

3. Time Limits. Failure of the employer to meet the prescribed time limits will permit the employee or the Union to move the grievance to the next step of the grievance procedure. Failure of the employee(s) or the Union to meet the prescribed time limits will constitute withdrawal and termination of the grievance. Requests for extension and agreements to extend time limits will be in writing and submitted within the prescribed time limits.

4. Contents of Grievance. Every grievance filed under this procedure should contain the following:

a. The name(s) of the grieving employee(s) or a statement that the grievance is filed on behalf of the Union.

b. The nature of the grievance and the specific contractual provision in question, if any.

c. If an employee grievance, a statement as to how the employee is personally affected and the personal relief requested.

d. If a Union grievance, the specific corrective action or interpretation requested or desired.

SECTION F. Procedural Steps.

1. Employee Grievances. An employee having a grievance subject to this Agreement will take the following steps:

a. Informal discussion. Within 15 working days of the action complained of, or the date the employee learns thereof, whichever is later, the employee should discuss resolution with their immediate supervisor. If not resolved, the employee may notify the supervisor and Steward of desired Union representation. Within

5 working days of this notification, the supervisor will coordinate with the employee and the Union representative to schedule a meeting. Supervisors are encouraged to contact the Civilian Personnel Office for advice and counsel prior to the meeting. Within 10 working days after the meeting, supervisors will notify employees of their decision. If the grievance is in writing, the decision will be in writing. If the employee desires further review, they may file a formal written grievance within 15 working days.

b. Formal Grievance.

Step One. The written grievance will be filed with the director, or comparable level Employer-official (reviewing authority) under whom the employee serves. Within 15 working days from receipt of the grievance, a written decision will be provided to the employee. During the said 15-day period, the reviewing authority will consider all evidence, statements of the employee and the Union representative, and conduct such investigation and interviews as in their opinion are necessary to resolve the complaint. If the employee desires further review, they will, within 15 working days after receipt of the reviewing authority's decision, request review by the Final Administrative Authority (Step Two).

Step Two. A request for review by the Final Administrative Authority will be directed to the Civilian Personnel Officer, or designee, who will forward it immediately to the ARPC Vice Commander, or designee, who is the Final Administrative Authority. The Final Administrative Authority will render a written decision to the employee within 15 working days of receipt by the Civilian Personnel Officer, or designee, of the request for review.

Step Three. If the matter is not resolved to the satisfaction of the aggrieved party, the Union may invoke arbitration.

2. Union Grievance. The Union may initiate grievances as follows:

a. Union representative informally discusses and resolves the grievance with the appropriate Employer official within 15 working days of the occurrence of the event, or the date on which it became known to the Union, whichever is later, which gives rise to the grievance.

b. If unresolved, the Union files a written grievance with the director, or comparable level Employer-official involved within 15 working days after said discussion.

c. The Employer-official provides a written decision within 15 working days after receipt of a written grievance from the Union.

d. If unresolved, the Union files a written grievance with the appropriate Final Administrative Authority (1.b.), Step 2 above) within 15 working days after receipt of a written decision (reference subparagraph b. above.)

e. Within 15 working days, the Final Administrative Authority provides a written decision to the Union.

f. If still unresolved, the Union may invoke arbitration.

3. Employer Grievances. The employer may initiate grievances as follows:

a. The Employer informally discusses and resolves the grievance with the Union President or their designee within 15 working days of the occurrence of the event that gave rise to the grievance.

b. If unresolved, the Employer files a written grievance with the Union President within 15 working days after said discussion.

c. The Union President or designee provides a written decision within

15 working days after receipt of the written grievance from the Employer.

d. If still unresolved, the Employer may invoke arbitration.

SECTION G. Arbitration. If the Union or the Employer invokes arbitration, the procedures described below will be followed:

1. Only the Union President or the Final Administrative Authority (or their designees) may invoke arbitration.

2. Within 20 working days from the date of the receipt of the final decision either Party may request a list of impartial persons qualified to serve as arbitrators from the Federal Mediation and Conciliation Service (FMCS). Additionally, the parties may select their own arbitrator without the assistance of the FMCS. The parties will meet within 5 working days after receipt of the list. If they cannot mutually agree upon one of the listed arbitrators, the Employer and the Union will each strike one arbitrator's name from the list, and will then repeat this procedure until only one name remains on the list. The remaining person will be duly declared the arbitrator.

3. If for any reason the either the Employer or the Union refuses to participate in the selection of any arbitrator, the FMCS will be empowered to make a direct designation of an arbitrator to hear the case.

4. The arbitrator’s fees, incidental expenses, and travel pay will be borne equally by the Union and the Employer. The arbitration hearing will be held, if possible, on the Employer's premises during regular day shift hours of the basic workweek. Air Force participants in the hearing will be in duty status. The arbitrator will determine the number of participants from each party.

5. The arbitrator will arrange a mutually satisfactory time to hear the grievance, at which time both Parties will appear and present testimony either orally or in writing. The arbitrator will be in complete charge of the hearing.

6. The arbitrator's award will be binding on the Parties. Either Party may file an exception to an award with the Federal Labor Relations Authority.

SECTION H. Expedited Grievance/Arbitration.

1. We agree that the gravity of certain personnel actions that may be appealed through the grievance procedures, determines that they are properly handled as expeditiously as possible.

2. The Union may elect to place the following issues in the expedited grievance/arbitration process in lieu of appealing through the normal steps of the grievance procedures:

a. Removal under 5 U.S.C., Section 4303, as a result of unacceptable performance.

b. Removal under 5 U.S.C., Section 7512, as a result of conduct.

3. A notice of decision to remove an employee under 5 U.S.C., Section 4303, or Section 7512, will be delivered to the employee and the Union at least

20 working days prior to the effective date of the removal. This advance notification does not apply in any case where the crime provision is invoked.

4. If the Union desires to invoke the expedited grievance/arbitration procedure, it will notify, in writing, the Civilian Personnel Office not later than 2 working days after receipt of the Notice of Decision to Remove. The Union may withdraw its request for expedited grievance/arbitration anytime prior to the setting of a hearing date.

5. Upon receipt of the Union's written request for the expedited procedure, the Civilian Personnel Officer, or designee, will:

a. Contact an arbitrator from the list of arbitrators maintained solely for this expedited procedure (as described in paragraph 6 below), and inform the arbitrator that they may be called upon to conduct an arbitration hearing under this expedited procedure, pending a decision from the Final Administrative Authority (defined in Section F-a (2) of this Article).

b. Arrange as soon as possible, but not later than 5 working days after receipt of the Union's request for the expedited procedure, a meeting of the Union, affected employee(s), the Final Administrative Authority, and appropriate Employer-officials, for the purpose of resolving the grievance. The Final Administrative Authority will render a decision not later than 1 working day after such meeting. The employee's designated Union representative will be allowed a reasonable amount of time to interview witnesses and accomplish research prior to the meeting with the Final Administrative Authority and, if necessary, prior to the arbitration hearing.

c. Notify the employee and Union that the removal action is canceled if the Final Administrative Authority so decides.

d. Contact the arbitrator immediately and confirm a date for the arbitration hearing if the Final Administrative Authority sustains the removal action and if the Union desires to proceed to arbitration.

6. A list of five to seven arbitrators will be maintained at all times for this expedited procedure. All of the arbitrators will have been agreed upon by the Union and Employer and will be contacted in advance to ensure each arbitrator will comply with the procedures specified in this section. The arbitrator list will be arranged in reverse alphabetic order and arbitrators will be called in sequential order from the list.

7. A request for information by the Union under 5 U.S.C., Section 7114(b)(4), concerning a grievance in this expedited process, will be processed by the Civilian Personnel Office, or designated office, within 1 working day of the request unless the nature of the information requires more time, in which case the Union will be notified.

8. Procedural Requirements--the Arbitrator.

a. The hearing must be conducted within 5 working days after notification of their selection to hear the case.

b. The Arbitrator will have the obligation of assuring that all necessary facts and considerations are brought before them by the representatives of the parties.

c. The Arbitrator must render a decision within 3 working days of the hearing.

d. Post-hearing briefs will not be submitted.

9. Procedures contained in this section supplement the grievance and arbitration procedures covered elsewhere in this Article, and when in conflict with provisions contained elsewhere, supersede them.

SECTION A. The Union will purchase Standard Forms 1187, Request and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues, and furnish them to eligible members desiring to authorize an allotment for withholding of dues from their pay.

SECTION B. The Union will inform and educate its members concerning the program for the allotment of dues and the uses and availability of Standard Forms 1187.

SECTION C. An employee in the unit may submit an initial Standard Form 1187 to the appropriate Accounting and Finance Office, through the Local, at any time. The President or Treasurer of the Union will certify on each Standard Form 1187 that the employee is in the unit and is a member in good standing in the Local, and will insert the amount of dues to be withheld. The Treasurer of the Union will forward the completed Standard Form 1187 to the servicing Accounting and Finance Office.

SECTION D. Allotments will be effective at the beginning of the first full pay period after receipt of the Standard Forms 1187 by the servicing Accounting and Finance Office, provided it is received not later than 3 working days prior to the beginning of the pay period.

SECTION E. The servicing Accounting and Finance Office will submit a listing of the members and amounts withheld to the designated officer of the Union. The list will also include the names of those employees for whom allotments have been permanently or temporarily stopped during that pay period and the reason therefore; e.g., moved out of the unit, separation, Leave Without Pay status, or insufficient income during pay period.

SECTION F. A member may voluntarily revoke their allotment for the payment of dues by completing Standard Form 1188, Revocation of Voluntary Authorization for Dues, or equivalent written notice and submitting it in duplicate directly to the civilian payroll office. In either case, revocation will become effective on the first full pay period.

SECTION A. The Employer will, whenever practicable, and whenever available, provide a room for meetings of the Union after the normal duty hours of the unit employees involved. The Employer will normally give 10 working days notice to the Union prior to cancellation of the use of this room.

SECTION B. The Union may submit news articles for publication in any publication used by the Air Reserve Personnel Center. The articles will comply with Air Force standards of good taste and propriety. The final determination of acceptability of any article will be made by the information officer/designated representative. The Union may also submit pertinent information to the ARPC Historian.

SECTION C. The Employer will provide access to all directives, publications, and Employer supplements to the Union.

SECTION D. With prior Civilian Personnel Office coordination, the Employer will allow the Union to use computers, the Local Area Network, and other devices to disseminate and receive Union and Management information.

SECTION A. The Parties agree that lunch and vending areas are provided for employee comfort and enjoyment. The Employer will continue to provide a similar level of facilities as currently exists. The Employer and the Union will continue to encourage employees to maintain the cleanliness of the facilities.

SECTION B. Adequate facilities, as determined by the Employer, will be provided so that handicapped employees have easy access to their work sites and other areas to which they may need to go from time to time. This may include the provision of enlarged, marked, parking spaces close to the building, ramps, handrails, and similar devices.

SECTION C. The Employer will continue to work with the custodian of the Gilchrist Complex to maintain parking and walkways according to governing standards.

SECTION A. The Employer will provide copies of this Agreement to Employer-officials, supervisors of members of the unit, and each member of the unit.

SECTION B. Sufficient bulletin board space will be provided to the Union in

appropriate work areas. This space is to be used to inform employees of matters of concern to them and for posting of official Union information. The Union will monitor its space. The Union agrees that posted material will be accomplished at Union expense and no posting will violate law or regulation.

SECTION C. The ARPC Staff Telephone Directory will contain the name, location, and telephone number of the Union.

SECTION D.

1. The Employer agrees that all new employees at the installation will be informed of their right to join or to refrain from joining the Union as part of the ARPC Orientation Program. The immediate supervisors will inform their new employees of the names of the Union officers and designated Union Steward(s) of the organization to which they are assigned.

2. A copy of the Partnership Agreement will be provided to new employees during the employee orientation. At that time, they will also be told about the exclusive status of the Union and furnished with a listing of Union officers and Stewards. The Union will be responsible for supplying adequate quantities of such lists of officers and Stewards for distribution by the Employer at the employee orientation.

3. The Employer will furnish the Union a listing of all employees in the bargaining unit once a year, which will contain the name, grade, and organizational unit of the employees. Any additional such listing will be provided only with reimbursement of full cost by the Union.

4. The Union will be notified of all new employee orientation sessions and afforded the opportunity to address the employees.

SECTION A.

1. Effective Date. The effective date of this Agreement is the date of approval by the head of the agency or the 31st day after the Parties have signed and executed the Agreement, provided the head of the agency did not disapprove the Agreement within the previous 30 days, whichever is sooner.

2. Terminal Date. The terminal date of this Agreement is 3 years from the effective date.

3. Modification of Agreement. Except by mutual agreement, either party may give written notice to the other party within 30 days prior to the end of the date, which is 18 months after the effective date, of its desire to amend or modify certain Articles in this Agreement. When such notice is provided, the Party will furnish the other Party a copy of the proposed changes. Negotiation will start on a date mutually agreed upon by both Parties. Negotiations will be restricted to only those articles and changes so identified in advance. Any article, or portion thereof, of this Agreement may be amended or supplemented with mutual agreement of the Partnership.

SECTION B. Either Party may give written notice to the other, not more than 105, nor less than 60 days prior to the terminal date of this Agreement, for the purpose of renegotiating this Agreement. The present Agreement will remain in full force and effect during the renegotiation of said Agreement, until such time as a new Agreement is approved.

SECTION C. If neither party serves notice to renegotiate this Agreement, the

Agreement will be automatically renewed for a 3-year period, subject to the other provisions of this article.

SECTION D. Should any part or any provision of this Agreement be rendered or declared invalid or illegal by reason of any existing or subsequent law, regulation, or ruling, the invalidation of such part or provision of this Agreement will not invalidate any of the remaining parts or provisions of this Agreement, and they will remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have entered into this Agreement:

William T. Hoffman, Attorney Advisor

Judy A. James

Margaretta M. Burroughs

LeBaron Patterson

Sally S. Schuster, Recorder