MEMORANDUM OF UNDERSTANDING
AFGE LOCAL 294
Local 294 and DFAS Limestone will form a Labor-Management Committee (LMC) that will meet regularly to discuss and resolve issues and problems of concern to the Union and the Agency. Issues to be discussed may include, but are not limited to, matters covered under this Memorandum of Understanding, such as grievances, conditions of work, and related issues.
Any problems or issues arising from the implementation or administration of this Memorandum of Understanding may be brought before this committee to resolve in a cooperative and timely manner. All members, both permanent and alternate, will receive training in non-adversarial, interest based negotiations.
The committee will report directly to the Site Director and the Union President or their designees and any issues not resolved by the committee will be referred to the Site Director and the Union President for resolution. If these two individuals are unable to reach agreement the Site Director will be the final authority.
The LMC will consist of six members, 3 union members and 3 management members. The Site Director and the Union President (or designees) will be permanent members. Alternates will be named to substitute for permanent members when needed.
Meetings will be held monthly or as required. Any issues to be considered should be shared five days prior to a scheduled meeting. A written agenda will be distributed to the members by the Site Director and the Union President (or their designees) two days before a scheduled meeting. The written agenda shall include items to be discussed, names of members attending, names of non-members or "experts" invited to participate and their issues, and the time and the place of the meeting.
An LMC member will be designated as a recorder to take notes during each meeting. This person will be responsible for preparing the minutes and providing them to the Site Director and the Union President or their designee(s) for approval and signature. The minutes will be a permanent record of the Committee’s meetings. Copies of the minutes will be maintained in the designated management official’s office and in the Union’s office.
At the discretion of the Committee, information will be provided to the DFAS Limestone managers and the bargaining unit employees on any issues discussed during these meetings.
The purpose of this article is to provide an acceptable method to equitably settle grievances. It does not preclude discussing the matter of concern between a bargaining unit employee and their designated union representative and the supervisor. Both labor and management agree that discussions of disputes and opportunities to resolve them should generally be attempted before filing a grievance. Once the matter has become a formal grievance nothing will preclude labor and management from attempting to informally resolve the grievance.
Grievance means any complaint:
1. By any employee regarding any matter relating to the employment of the employee
2. By any labor organization concerning any matter relating to the employment of any employee
3. By any labor organization, employee, or Agency concerning the effect, interpretation, or claim of breach, of a collective
bargaining agreement or any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting
conditions of employment.
The procedure contained herein shall be the sole procedure available for the resolution of grievances of employees in the unit and the parties hereto, except as provided in Section 4 of this Article. The parties to this Memorandum of Understanding and all employees within the unit shall be entitled to use the procedures contained herein.
Matters excluded from the grievance procedure:
1. Any claimed violation of Subchapter III of Chapter 73 of Title 5 U.S.C. (relating to prohibited political activities).
2. Retirement, life insurance, or health insurance.
3. A suspension or removal under Section 7532 of Title 5 U.S.C. (related to national security).
4. Any examination, certification, or appointment.
5. The classification of any position which does not result in the reduction in grade or pay of an employee.
6. Nonselection for promotion from a group of properly ranked or certified candidates. This does not apply to the right to grieve
over improper procedures used during the selection process.
7. Termination of a temporary promotion.
8. Termination while serving under a time-limited appointment.
9. Non-adoption of a suggestion.
10. Preliminary notice of proposed action which, if effected, would be covered by this Memorandum of Understanding.
11. Disapproval of honorary or discretionary awards.
12. The reassignment or demotion of an employee to a non-supervisory position during the probationary period served by new
13. Separation actions taken against new employees serving a trial or probationary period.
An employee alleging discrimination or affected by a removal or reduction in grade based on unacceptable performance, or an adverse action may use the proper statutory appellate procedure or the provisions of this article, but not both. For the purpose of this section and pursuant to Section 7121 (d) and (e) (1) of 5 U.S.C., an employee shall be deemed to have exercised his or her option under this Section at such time as the employee timely files a notice of appeal under the applicable appellate procedures or timely files a grievance in writing in accordance with the provisions of this Article, whichever occurs first.
An employee (or group of employees) who files a grievance under this procedure may only be represented by an individual designated by the Union. The provisions of Section 6 apply, as appropriate.
An employee (or group of employees) may present a grievance under this procedure without representation as long as the resolution is not inconsistent with the terms of this Memorandum of Understanding, and providing that a Union representative is given an opportunity to be informed of the grievance proceedings, before a final decision.
A union representative will be on official time when performing representational functions under this Article during normal duty hours. In the interest of expeditious and economical processing of grievances, the Union will designate a representative from within DFAS and, whenever possible from the immediate work site or office of the grievant(s). When it is not possible to designate a representative at the immediate work site, office, or from a nearby area, attendant to the circumstances of the particular case, the Agency will pay for a reasonable amount of travel and per diem, as applicable, for the Union representative for representational functions associated with any step of the grievance procedure specified in Section 6 of this Article. In no case will the Agency grant official time or bear the costs of travel and per diem for such representational functions for a Union representative designated from outside DFAS.
This grievance procedure contains five steps (steps one through four and an alternate step three). Employees are encouraged to utilize alternate step three before proceeding to step four. It is recognized that due to the DFAS Business Evolution (DBE) certain business lines/product lines do not include the same number of supervisory levels. In instances where all steps of the grievance procedure cannot be utilized alternate step 3 will be a mandatory step prior to proceeding to step four.
Step One (Informal). A grievance shall be presented within ten workdays after the date that the employee (or group of employees) becomes aware of an act or occurrence. The grievance will be presented orally or in writing to the employee’s (or group of employees’) supervisor or other appropriate management official who will act promptly to resolve the grievance. The supervisor will issue a decision within ten working days after presentation of the informal grievance. If the informal grievance is in writing then the answer will be in writing. If an employee (or group of employees) is not satisfied, the employee may submit a formal grievance for consideration in accordance with the procedural steps set forth in this Article. An employee must seek informal resolution of the grievance before requesting relief through the formal grievance process except in those situations described in Section 8 of this Article.
Step Two (Formal).
1. If an employee (or group of employees) is dissatisfied with the decision of Step One, the issue may be presented to the next level
of supervision within the field organization above the level specified in Step One within ten workdays, either alone or with a
representative to present the grievance for consideration in writing.
2. When the Union has not been named as a representative of the grievant, the Agency will promptly furnish the Union with a copy
of the grievance.
3. A meeting may be held at the request of either the supervisor or the employee. If the employee desires to have a meeting, it
should be requested in the written grievance. If a meeting is to be held, the supervisor must arrange such within five workdays
after receipt of the grievance. The Union will be notified when it has not been selected as the representative, which will
constitute an invitation for the Union to be present at the meeting, if held.
4. The supervisor will give a written decision to the grievance within ten workdays after the date of the meeting, and if the meeting
is not held, within ten workdays of receipt of the grievance. A copy of the decision will be furnished to the Union when it is not
5. At any step in this procedure, where a group of employees are grievants, the group will be bound by the decision of the employee
selected as representative for the
Step Three (Formal). If the employee (or group of employees) is dissatisfied with the decision rendered in Step Two, he or she may forward the grievance, within ten workdays from the receipt of such decision, in writing to the next level of supervision (management official) within the field organization. A meeting will be held at the request of either the management official or the employee. If the employee desires to have a meeting, he or she should request one in the written grievance. If a meeting is to be held, the management official must arrange such within five workdays after receipt of the grievance. The Union, if not the representative, will be notified of the date, time, and place of any meeting and shall be allowed to attend the same. The management official shall give the grievant(s) a written decision within ten workdays after the meeting, if held, or within ten workdays after receipt of the grievance.
A copy of the decision will be furnished to the Union.
Alternative Grievance Step Three
If a grievance has not been satisfactorily resolved at Step Three, a written grievance may be submitted to the Labor-Management Committee by either the Union or Management within ten workdays after receipt of the Step Three decision. The grievance will be placed as an agenda item at the next regularly scheduled meeting, or sooner, for committee discussion. A written response will be given to the aggrieved party within ten workdays after the decision.
Step Four (Formal). If the employee (or group of employees) is dissatisfied with the decision rendered in Step Three, he or she may forward the grievance, within ten workdays from the receipt of such decision, in writing to the Site Director or designee at a higher organizational level than the deciding official at the previous step. This is the Final Administrative Review. The final administrative reviewer will review the greviance and, if he or she desires, arrange for a meeting with the principals involved within five workdays from receipt of the grievance. In those instances where they have not been designated as the grievant’s representative, the Union shall be invited to attend such meetings. The final administrative reviewer shall give the grievant(s) a written decision within ten workdays after the meeting, if held, or within ten workdays after receipt of the grievance. A copy of the decision will be furnished to the Union.
A grievance not satisfactorily resolved at Step Four of this procedure may be referred to arbitration in accordance with the procedures specified in the arbitration article in this agreement.
Written grievances must be signed by the grievant(s) or their representative and must include the following data:
1. The aggrieved employee’s name, position title, grade, and organization.
2. A description of the basis for the grievance including, where appropriate, facts such as times, dates, names, and similar pertinent
3. A brief statement of the steps taken to informally resolve the grievance.
4. The personal remedy that is being sought.
5. Identification of the employee’s representative.
6. If known, the specific section of the articles of this agreement, or law, rule, or regulation with respect to personnel policy,
practices, or other matters affecting conditions of employment that is the subject of the grievance.
7. If known, identify the issue or issues not resolved at the previous step.
Union/Agency Grievance Procedure:
Disputes that arise between the local parties are encouraged to be informally resolved in a cooperative manner prior to filing a formal Union or Agency grievance. If a dispute remains unresolved, either party may file a written grievance with the Site Director/Union President. In the case of a Union grievance:
1. The Union files a written grievance with the Site Director within ten workdays. Within ten workdays the Site Director provides a
written decision to the Union.
2. If unresolved, the Union may invoke arbitration.
In the case of an Agency grievance:
1. The Agency files a written grievance with the President of the Union within ten workdays. Within ten workdays the President of
the Union provides a written decision to the Agency.
2. If still unresolved, the Agency may invoke arbitration.
SECTION 8 MODIFICATION OF PROCEURES
The time limits at any step of the negotiated grievance procedure may be extended by the mutual consent of the parties. An extension justified by DFAS workload, Union caseload, or emergencies will be approved. If given orally, the extension or denial of an extension will be followed up in writing.
Employee grievances concerning formal disciplinary or adverse actions grievable under this article will begin at the first level of management above the deciding official and be filed at the appropriate formal step. In these cases, the time limit for filing the grievance will be ten workdays after the receipt of the notice of decision.
SECTION 9 FAILURE TO MEET REQUIREMENTS
A grievance must be timely filed at the initial step. If either party fails to meet the prescribed time limits after the initial step, the grievance processing will continue (if pursued). If the grievance is not resolved and is submitted for arbitration, the arbitrator will decide the timeliness issue as a threshold matter if so requested by either party. The employee(s) may withdraw the grievance at any time.
SECTION 10 RECORDS AND DOCUMENTATION
The Agency shall, upon request, furnish the grievant(s) with pertinent records regarding a grievance under this article, subject to limitations of the Privacy Act. Information/data that cannot be shared with the Union or the grievant so that a proper defense may be prepared, cannot be used to support any action against an employee.
SECTION 11 WITNESSES
All DFAS employees testifying on a grievance being processed under this article shall be in a duty status and, if appropriate, paid travel and per diem expenses in accordance with the appropriate regulations.
SECTION 1 GENERAL
This article establishes procedures for the arbitration of disputes between the Union and the Agency which are not satisfactorily resolved by the negotiated grievance procedure contained in this Memorandum of Understanding. If a grievance is not satisfactorily resolved under the procedures contained in this memorandum, such grievance shall, upon written notification to the other party, be referred to arbitration. Only the Union President or the Site Director (or their designees) may invoke binding arbitration.
Arbitration may be invoked within twenty workdays after receipt of the final decision on the grievance.
We agree that settlement discussions will be conducted prior to incurring an obligation to pay an arbitrator, in a cooperative effort to resolve the dispute before arbitration.
SECTION 2 SELECTION OF AN ARBITRATOR
Within ten workdays from the date of the request for arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to provide a list of seven impartial persons qualified to act as arbitrators. The parties shall meet within five workdays after the receipt of such a list. If they cannot mutually agree upon one of the listed arbitrators, a toss of a coin, or other mutually agreeable method, will determine which party will strike the first name. The Union and the Agency shall alternately strike one arbitrator’s name from the list. The remaining person shall be the duly selected arbitrator.
If either party refuses or fails to participate in the selection process, the other party may select an arbitrator from the FMCS list, or the agreed upon list when the parties have adopted alternative procedures. If an arbitrator has not been selected within sixty days after invoking arbitration, the arbitration will be untimely, absent mutual consent.
SECTION 3 COST OF ARBITRATION
The parties agree to share equally the cost of regular fees, including reasonable travel expenses, of the arbitrator selected and assigned to the case. The parties may wish to consult on the " reasonableness " of the arbitrator’s charges. The travel and per diem shall not exceed that authorized by the Joint Travel Regulations (Vol. Two).
The arbitration hearing will be held on the Agency’s premises during regular duty hours, Monday through Friday. In the event that it is necessary for the hearings to be held in facilities not under the administrative control of the Agency, the cost of such facilities shall be borne equally by the Agency and the Union. Any necessary travel expenses of the grievant, union representative (if employed by the Agency), and witnesses approved in accordance with Section 6 of this article, will be reimbursed by the Agency.
Employees serving as Union representatives, necessary grievants and Agency witnesses, who have a direct knowledge of the circumstances and factors bearing on the case, shall be in a duty status to participate in the arbitration proceedings without loss of pay or charge to annual leave.
By mutual consent, arbitration may be conducted as oral proceedings with no verbatim transcript and no filing of briefs. In the event only one of the parties desires a transcript of the proceedings, that party shall be responsible for making arrangements for and the full cost of the transcript. If the other party later wishes a copy of the transcript, that party shall pay for half of the original cost.
SECTION 4 AUTHORITY OF ARBITRATORS
We agree that the jurisdiction and authority of the arbitrator’s opinions will be confined exclusively to the interpretation and application of the provisions of this Memorandum of Understanding and departmental regulations.
The arbitrator will have no authority to add to, subtract from, alter, amend, or modify any provision of this Memorandum of Understanding.
The arbitrator will have the authority to make an aggrieved employee whole to the extent such remedy is not prohibited by statute, higher level regulations, decisions of appropriate higher authority, or this Memorandum of Understanding.
The arbitrator’s decisions will be final and binding. However, the parties reserve the right to take exceptions to any award by the Federal Labor Relations Authority in accordance with its rules and regulations.
SECTION 5 PROCEDURES AND TIME FRAMES
We encourage the parties to meet within fifteen calendar days following the selection of an arbitrator to develop a joint submission which identifies the facts and exhibits to be jointly stipulated, and the precise issues to be resolved by the arbitrator. If the parties are in disagreement as to the issue or issues, the positions of the parties will be separately stated. A joint stipulation is encouraged in the interest of avoiding unnecessary delays in the arbitration hearing.
The parties shall endeavor, wherever possible, to stipulate the facts involved in a case prior to the opening of the arbitration hearing.
The arbitrator shall render and serve a written award on the parties to this Memorandum of Understanding within thirty calendar days after the close of the hearing.
SECTION 6 WITNESSES
At least ten workdays before the opening of the arbitration hearing, the parties shall exchange lists of witnesses whom they expect to have testify. The lists shall contain a summary statement concerning the proposed testimony of each witness.
Except in unusual situations, the arbitrator will not have the authority to keep the record open in order to hear testimony of additional witnesses.
SECTION 7 GRIEVABILITY/ARBITRABILITY DECISIONS
The arbitrator shall have the authority to make all grievability and arbitrability determinations. The arbitrator shall make grievability and arbitrability determinations prior to addressing the merits of the original grievance.
SECTION 8 EXTENSION OF TIME LIMITS
Time limits in this article may be extended by mutual written consent of the parties.
EXPEDITED GRIEVANCE AND ARBITRATION PROCEDURES
SECTION 1 GENERAL
We recognize the seriousness of certain personnel actions, which may be appealed through grievance procedures. Such actions shall be handled as expeditiously as possible. To that end, we agree to the following expedited grievance and arbitration procedure.
SECTION 2 CONDITIONS
The Union may choose to place the following issues in the expedited grievance and arbitration process in lieu of appealing through the normal steps of the grievance procedure:
1. Removal under Section 4303 of 5 U.S.C. as a result of unacceptable performance.
2. Removal under Section 7512 of 5 U.S.C as a result of conduct.
SECTION 3 TIMING
The parties agree that a notice of decision to remove an employee under Section 4303 of 5 U.S.C. or section 7512 of 5 U.S.C. will be delivered to the employee and the employee’s designated union representative at least twenty workdays prior to the effective date of the removal. This advance notification does not apply in any case where the crime provision is invoked.
SECTION 4 NOTIFICATION
If the Union desires to invoke the expedited grievance and arbitration procedure, it will notify, in writing, the Customer Support Unit not later than one workday after receipt of the notice of decision to remove. The Union may withdraw its request for the expedited grievance and arbitration procedure at any time prior to the setting of the hearing date.
SECTION 5 PROCESS
Upon receipt of the written request from the Union invoking the expedited procedure, the Customer Support Unit will:
1. With the Union, jointly contact an arbitrator from the list maintained solely for this expedited procedure as described in Section 6
below. The arbitrator will be informed that he or she may be called upon to conduct an arbitration hearing under this expedited
procedure pending a decision from the Final Administrative Authority.
2. Arrange as soon as possible, but no later than five workdays after receipt of the Union request for the expedited procedure, a
meeting of the Union and affected employee(s) with the Final Administrative Authority and appropriate management officials
for the purpose of resolving the grievance. The Final Administrative Authority will render a decision not later than one workday
after the meeting. The employee’s designated union representative will be allowed a reasonable amount of time to interview
witnesses and for research purposes prior to the meeting with the Final Administrative Authority and, if necessary, prior to the
3. Notify the employee and the Union that the removal action is canceled if the Final Administrative Authority so decides.
4. With the Union, jointly 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.
SECTION 6 ARBITRATORS
A list of five to seven arbitrators will be mutually agreed upon and jointly retained by the parties at all times for the expedited procedure. All of the arbitrators will be contacted in advance to ensure that each agrees to comply with the procedures specified in this Article. The arbitrator list will be arranged in reverse alphabetical order and they will be called in sequential order from the list.
SECTION 7 INFORMATION REQUESTS
A request for information by the Union under the provisions of section 7114(b)(4) of 5 U.S.C. will be processed by the Customer Support Unit within one workday following receipt of the request, unless the nature of the information requires more time, in which case the Union will be notified.
SECTION 8 ARBITRATOR’S PROCEDURES
Procedural requirements for the arbitrator:
1. The hearing must be conducted within five workdays after notification of his or her selection to the case.
2. The arbitrator will have the obligation of ensuring that all necessary facts and considerations are heard from the representatives
of the parties.
3. Post hearing briefs will not be submitted.
4. The arbitrator must render a decision within three workdays of the hearing.
SECTION 9 REMOVAL
Removal will be delayed pending receipt of the arbitrator’s decision.
HOURS OF WORK AND WORK SCHEDULES
SECTION 1 GENERAL
The parties agree that the Agency can meet its mission and program goals while at the same time allowing employees to exercise some control over their work. Accordingly, the parties agree that supervisors will allow employees to have flexible schedules when it is consistent with the basic business requirement of providing good customer service.
SECTION 2 DEFINITIONS
1. Alternate Work Schedule (AWS) means both flexible work schedules and compressed work schedules.
2. Basic Work Requirement (BWR) means the number of hours, excluding overtime hours, an employee is
required to work or to account for by charging leave, excused absence, holiday hours, compensatory time
off, or time off as an award. For purposes of this Memorandum of Understanding the BWR is 8 hours per
day and 80 hours per pay period for employees on the Standard Tour of Duty or on the Gliding Schedule.
3. Compressed Work Schedule (CWS) means, in the case of a full-time employee, an 80-hour biweekly
basic work requirement that is scheduled by the Agency for less than 10 workdays. For the purposes of
this Memorandum of Understanding the CWS is defined as the 5/4-9 Compressed Plan and a full-time
employee works eight 9-hour days and one 8-hour day for a total of 80 hours in a biweekly pay period.
4. Core Hours means those hours each day that employees not in a leave status or other authorized absence
are required to be present for work. Occasional deviations from core hour requirements are permissible
with prior supervisory approval. For the purposes of this Memorandum of Understanding the core hours
are from 9:30 a.m. to 3:00 p.m.
5. Gliding Schedule means a type of flexible work schedule in which a full-time employee has a basic work
requirement of 8 hours in each day and 40 hours in each week, may select a starting and stopping time
each day, and may change starting and stopping times daily.
6. Standard Tour of Duty is defined as the specific hours in the standard 8-hour workday.
SECTION 3 PROVISIONS
1. All offices must have adequate coverage until 4:00 p.m. daily. Specific functions within DFAS
Limestone, as determined by the Agency, must have coverage until 6:00 p.m. (late schedule) daily to
provide good customer service. The Agency retains the authority to determine which functions and
number of employees are required to adequately cover the late schedule.
2. Employees are encouraged to volunteer for the late schedule. If adequate volunteers are not available
employees will be assigned to the late schedule on a rotating basis for two full weeks. Assignment
to the late schedule will be by service computation date (leave) as reflected in block 31 of the Standard
Form 50, Notification of Personnel Action. The employee with the newest service computation date will
be assigned the first rotation, etc.
3. Employees working the late schedule until 6:00 p.m. will not be authorized to work AWS. This is to
ensure complete coverage until 6:00 p.m.
4. Regular duty hours will begin no earlier than 6:30 a.m. and will cease no later than 6:00 p.m.
5. Employees have the option of electing one of three different work schedules; the standard tour of duty (8
hour day without flexible start and stop times), the gliding schedule (8 hour day with flexible start and
stop times), or the compressed work schedule utilizing the 5/4-9 compressed plan (without flexible start
and stop times). All employees must obtain their supervisor’s approval of the schedule they elect.
Having selected one of the work schedules described above, employees must work a minimum of two full
pay periods before they may request a change in their work schedule. A request for a change must be
submitted before the start of the first of the two pay periods. Employees are prohibited from requesting,
and management is prohibited from approving, work schedules that combine the features of other work
schedules. For example, an employee working the 5/4-9 compressed work schedule or the standard tour of
duty schedule cannot request, utilize, or have approved flexible start and stop times.
6. The Agency retains the authority for determining what positions within the organization will be covered
by the two AWS schedules as dictated by mission requirements.
7. Employees who elect the compressed work schedule will select what day they chose to be their non-work
day (Regular Day Off – RDO) as long as it creates no negative impact on the Agency. If the RDO falls
on a holiday, the employee’s holiday will be the previous day, in accordance with 5 U.S.C. 6103. For
example, if the holiday falls on a Monday and that is the employee’s RDO, then the holiday will shift to
the previous Friday.
8. Supervisors retain authority for assigning overtime and restricting AWS coverage for individual
employees temporarily as required by legitimate mission requirements or abuse of AWS privileges.
9. All employees will return to an 8-hour workday during periods of temporary duty (TDY).
10. All employees attending formal on-site training will return to an 8-hour workday that mirrors the training
schedule. Employees on the compressed work schedule that can meet the full attendance requirements
of the class may stay on the compressed work schedule. Meeting the full attendance requirements of the
class means that the employee can meet the scheduled class start and end times during their regular work
schedule and attend all scheduled class days. Additionally, if the class is scheduled for 8 hours and it is a
scheduled 9-hour day for the employee then the employee must return to work for the additional hour.
11. All employees working in excess of six hours per day are required to take at least a 30-minute lunch
period during their approved tour of duty. Employees working the standard tour of duty or the gliding
schedule may take either a 30-minute or a 60-minute lunch period. Employees working the compressed
work schedule may take from 30 to 90 minutes for their lunch period.
supervisory chain and employee cannot agree on the employee’s participation in and choice of AWS.
TRAINING OF UNION OFFICERS AND STEWARDS
SECTION 1 GENERAL
It is to the advantage of both Parties if Union officers and stewards are knowledgeable about applicable laws, rules, and regulations, and new developments pertaining thereto. Consequently, Union officers and stewards may be granted reasonable amounts of excused absence without charge to leave to attend American Federation of Government Employees (AFGE) sponsored training sessions or other training courses which are available at no cost to the Government, either for tuition or for travel and per diem.
SECTION 2 AFGE-SPONSORED TRAINING
Delegates to the AFGE meetings/training will be identified in writing by the Union President. With approval of the Agency, delegates will be granted excused absence without charge to leave for attendance and travel with no expenses paid by the Agency.
SECTION 3 EXCUSED ABSENCES
Employees who are officials or stewards of the Union may be excused without charge to leave for the purpose of attending training sessions sponsored by the Union, provided that the subject matter of such training is of mutual concern to the Agency and the Union. Requests for excused absence to attend a training session will be submitted for consideration to the Agency in advance of the training. The Union will provide a summary of the training or an agenda to indicate that the training session is beneficial to both the Agency and the Union. Approval of excused absence to attend a training session will be contingent upon the supervisor’s agreement that the employee may be excused.
OFFICIAL TIME AND TRAVEL OF UNION OFFICERS AND STEWARDS
SECTION 1 GENERAL
We agree that Union officials and stewards should be authorized reasonable time to represent employees and work with supervisors and managers to resolve issues and concerns. Such time will be adequate to represent bargaining unit employees and administer this MOU with the Agency in a cooperative manner.
SECTION 2 REPRESENTATIONAL FUNCTIONS
Official time is used to perform representational functions on behalf of bargaining unit employees. Such functions include, but are not limited to, the following:
1. Negotiations over the impact and/or implementation of changes in conditions of employment of bargaining
2. Presentation and processing of grievances.
3. Attendance at management-initiated meetings.
4. Participation on committees or panels as authorized by this Memorandum of Understanding.
5. Participation in proceedings before the Federal Labor Relations Authority (FLRA), in accordance with the
FLRA’s rules and regulations, and/or other third party hearings.
6. To negotiate "face-to-face" or to prepare, transmit, consider, and communicate on articles and issues
through use of mail and telephone.
7. To consult with supervisors and management officials on matters of mutual concern.
8. To prepare requests or recommendations in connection with consultations or meetings with managers and
supervisors on issues not involving grievances.
9. To conduct new employee orientations.
10. To review regulations.
11. To attend Agency meetings that advises the Union of changes in working conditions.
12. To review changes to working conditions.
13. To complete surveys.
14. To prepare the documentation that supports the Labor Management report.
15. To attend periodic meetings for the purpose of management presentations on matters of mutual concern.
SECTION 3 RELEASE PROCEDURE
1. A Union representative will secure the approval of his or her immediate supervisor before performing
labor management duties. The supervisor should approve the request, unless there is a mission
requirement that would temporarily delay the departure. When such temporary delays occur, the parties
will arrive at a mutually agreeable time for departure. The Union official will be given time to inform
any bargaining unit employees involved of the delay.
2. When the Union representative leaves the work site on Union business, he or she will notify the
supervisor of the purpose of the absence, departure time, and anticipated return time. The Union
representative will notify the supervisor upon his or her return. Upon entering a work area other than his
or her own to meet with an employee, the representative will advise the immediate supervisor of his or her
presence, the employee to be contacted, and the estimated duration of the meeting. If there is a mission
requirement that would temporarily delay the meeting, the parties will arrive at a mutually agreeable time
for the meeting requested.
3. Employees will be given reasonable time to meet with their Union representative to discuss matters
covered by this Memorandum of Understanding. The employee will obtain approval of his or her
supervisor before meeting with a Union representative.
4. Discussions between the Union representative and employee may take longer than originally anticipated.
In these cases, both may contact their supervisors telephonically to notify them of the need to extend the
anticipated return time.
5. The supervisor will record official time and report official time used as required.
SECTION 4 EQUAL REPRESENTATION
We mutually agree that the number of Agency and Union officials at meetings will be equal, unless otherwise agreed upon.
SECTION 5 OFFICIAL TIME FOR COMMITTEES
When committees are established that address mutual concerns, the Union will be given the opportunity to participate. When participating on such committees, official time will be used.
SECTION 6 LISTS OF UNION OFFICIALS AND REPRESENTATIVES
The Union will provide a list of elected or appointed officers, stewards and their organizational work areas. This information will be provided to the Site Director who will notify affected supervisors. Changes to this list will be provided as necessary. Stewards will represent bargaining unit employees in their work area if practical and as determined by the Union. The Union may maintain a current roster of stewards in the space allocated for Union use on appropriate bulletin boards.
SECTION 7 LISTS OF EMPLOYEES IN THE BARGAINING UNIT
The Customer Support Unit will furnish the Union with current lists containing names, position titles, grades, and organizations of employees in the bargaining unit, upon request.
SECTION 8 EXCLUSIONS FROM OFFICIAL TIME
Official time is not used for the following types of activities:
1. Matters pertaining to internal management of the Union.
2. Membership meetings.
3. Soliciting memberships.
4. Collecting dues or assessments.
5. Campaigning for Union office.
6. Distributing or posting Union literature and notices.
SECTION 9 BINDING AGREEMENTS
Only the Union President or designee can sign binding agreements with the Agency on behalf of the Union.
SECTION 10 REASSIGNMENT OF UNION REPRESENTATIVES
The Agency will notify the Union when placing Union representatives on special assignments and/or details away from their normal work areas.
This Memorandum of Understanding is an interim agreement pending approval of a DFAS Union Counsel and Agency negotiated agreement that is applicable to DFAS Limestone. This agreement will be in effect for no longer than one year unless superseded by an agreement as cited above or unless both the Union and the Agency agree to an extension thirty days before this Memorandum of Understanding expires.
Mark Durinski Lawrence W. Conrad
President, Local 294 Director, DFAS Limestone