AFGE Local 1502 :: Contract

PURSUANT TO CHAPTER 71, TITLE 5 U.S. CODE THE FOLLOWING ARTICLES CONSTITUTE AN AGREEMENT BY AND BETWEEN MADIGAN ARMY MEDICAL CENTER (MAMC), HEREINAFTER REFERRED TO AS "MANAGEMENT" AND LOCAL 1502 (AFGE), AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, HEREINAFTER REFERRED TO AS THE "UNION."

ARTICLE 1

RECOGNITION AND UNIT DETERMINATION

SECTION 1. Management recognizes that the Union is the exclusive representative of all employees in the unit (as defined in Section 2, below). The Union recognizes its responsibility of representing the interests of all bargaining unit members in matters affecting general working conditions.

SECTION 2. This agreement is applicable to all professional and non-professional employees of Madigan Army Medical Center within the state of Washington with the exclusion of: bargaining unit employees of the International Association of Machinists and Aerospace Workers, Lodge 282; Management officials; supervisors; confidential employees; employees engaged in civilian personnel work other than in a purely clerical capacity; employees engaged in administering the provisions of this agreement; Employees of the Veteran's Administration and any other employee excluded from unit membership by the provisions of Section 7112(b) of the Statute.

ARTICLE 2

PURPOSE

Management and the Union representing the bargaining unit employees of MAMC desire to enter into a Labor-Management agreement which will have for its purpose, among others, the following: (1) to promote fair and reasonable working conditions; (2) to promote modern and progressive work practices for improved employee performance and efficiency; (3) to promote high morale and responsibility; (4) to provide a means to promptly adjust differences arising between Labor and Management related to matters covered by this Labor-Management agreement; (5) to work together to promote effective communication and cooperation between Management and its employees; and (6) to provide a safe and healthful work environment.

ARTICLE 3

MATTERS APPROPRIATE FOR DISCUSSION AND NEGOTIATION

It is agreed and understood that matters appropriate for discussion and negotiation between the parties are policies, programs, and procedures related to conditions of employment which are within the discretion of Management.

ARTICLE 4

MANAGEMENT RIGHTS AND GUIDELINES

SECTION 1. In the administration of all matters covered by the agreement, the parties and employees are governed by existing and future laws and the regulations of appropriate authorities; by published Department of Defense (DOD) and the Department of the Army (DA) policies and regulations in existence at the time the agreement was approved; and by all subsequent published DOD and DA policies, regulations, and laws of the appropriate authorities.

SECTION 2. The provisions of this contract will apply except when in conflict with present or future applicable statutes, DOD regulations, DA regulations, or government-wide regulations issued by an appropriate authority. When a future statute, DOD or DA or government regulation is issued that is in conflict with the provisions of this contract, Management will notify the Union of the change. This notification will be provided to the Union within seven (7) calendar days of Management’s receipt of the change. After notification, the Union shall have fifteen (15) calendar days to request bargaining on the impact and implementation of the change.

SECTION 3.

A. Subject to subsection (B) of this section, nothing in this chapter shall affect the authority of any management official of any agency-

(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and

(2) in accordance with applicable laws-

(3) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

(4) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

(5) with respect to filling positions, to make selections for appointments from-

(6) among properly ranked and certified candidates for promotion; or

(7) any other appropriate source; and

(8) to take whatever actions may be necessary to carry out the agency mission during emergencies.

B. Nothing in this section shall preclude any agency and any labor organization from negotiating-

(1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

(2) procedures which management officials of the agency will observe in exercising any authority under this section; or

(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

SECTION 4.Sensing sessions may be conducted, but will not be utilized for counseling of employees.

ARTICLE 5

RIGHTS OF THE EMPLOYEES

SECTION 1. Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. This includes the right: to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the Executive Branch of the Government, Congress, or other appropriate authorities.

SECTION 2.

A. The terms of this agreement do not preclude any employee from bringing issues of concern to the attention of appropriate officials of the agency in accordance with applicable laws and regulations.

B. If the employee wishes to discuss a problem or potential grievance with a Union representative, the employee shall have the right to contact and meet with the Union representative on duty time. The employee will be released from duties to contact and meet with the Union representative when he/she requests to exercise this right, unless there is an operational exigency. If there is a mission demand that precludes the release of the employee to seek Union assistance, the Supervisor will designate a time to release the employee what is within five (5) calendar days of the request.

C. Current civilian employee rating chains will be made available within each department. Union Stewards may contact the Department Chief for clarification of an employee rating chain.

SECTION 3. When any employee is served with a subpoena, summons complaint, or other legal process, it will be done to the extent practicable, with a minimum of embarrassment to the employee being served.

SECTION 4.

A. Management is encouraged to advise the employee that they may have a Union representative present at any examination or investigation where it is reasonable to assume that the result of that examination or investigation could lead to disciplinary action. This does not apply to the day-to-day work related communication between a supervisor and an employee or to a discussion concerning job performance evaluations.

B. The Union representative has an active role in an investigatory meeting. The Union representative may not answer for the employee; however, the representative may:

(1) Confer privately with the employee prior to answering questions; or

(2) Ask for clarification of questions prior to the employee responding; or

(3) Suggest names of other employees who may have knowledge of the facts.

SECTION 5. Employees have the right to refuse to sign any document or paper, unless performing officially assigned duties. Failure to sign will not be cause for disciplinary action nor negate the responsibility to comply with a document’s content. Except for performing officially assigned duties, signing signifies acknowledgment of receipt, not agreement.

ARTICLE 6

UNION RIGHTS AND OBLIGATIONS

SECTION 1.

A. AFGE Local 1502 is the exclusive representative of the employees in the bargaining units and is entitled to act for, and negotiate collective bargaining agreements covering all employees in the bargaining unit. AFGE Local 1502 shall be given the opportunity to be represented at any formal discussion between one or more representatives of the agency and one or more employees in the bargaining unit concerning any grievance or any personnel policy or practice or other general condition of employment.

B. The Union representative and Management may meet for the purpose of consulting on matters of mutual benefit to the employees and Management.

SECTION 2. An adequate number of stewards shall be designated by the Chief Shop Steward of the Union so that each employee in the unit will have reasonable access to a steward. The Union shall supply Management in writing, and maintain with Management on a current basis, a complete list of all elected officers, and all authorized Union Stewards. The list identifying stewards will state the name of each steward, telephone number, and organizational area of assignment(s). Stewards will be responsible for representing employees in their assigned organizational area; however, the Chief Steward has the responsibility to assign cases to the steward of his/her choice.

SECTION 3. Stewards may receive complaints and grievances of employees on government time and property.

SECTION 4.

A. Reasonable time during work hours will be granted to Union representatives and aggrieved employees for attendance at meetings with Management officials. Reasonable time will also be allowed for representatives to meet with employees to discuss grievances and other appropriate matters covered by this agreement. Prior coordination for the use of this reasonable time must be obtained from the employees’ and Union representatives’ respective supervisors. In the event the steward cannot be spared at that time, the supervisor will provide the steward with a time within five (5) calendar days when the steward may be spared.

B. The Steward will advise his/her supervisor of their destination and estimated time of return when his/her representational duties require them to leave the work area.

C. Upon the Union representative’s return to their assigned duty location from representational duties, the Union representative will inform the supervisor or the designee of his/her return and will also submit a completed HFL Form 1121 as soon as possible but no later than the end of the pay period. management will ensure all official time will be accounted for and coded as official time on the Union representative’s time card in the pay period used.

D. When a steward leaves the work site for representation duties, Management will authorize appropriate compensation to the steward in 15 minute increments to make up for time away from duty if Management determines there is a necessity for the overtime work and obtains approval in advance.

SECTION 5.The Union Secretary/Treasurer shall receive one working day of official time per annum to meet the legal reporting responsibilities of the Department of labor and the Internal Revenue Service.

SECTION 6.

A. Designated representatives of AFGE who are not current Federal employees will be admitted to the activity to conduct official representational duties (i.e., meeting with an employee or Management over grievance, etc.) during duty time. The representative must schedule an appointment with the Management official or the employee’s immediate supervisor prior to the visit. The representative is solely responsible for following standard procedures to gain access and permission to enter onto the installation.

B. District and National representatives of the Union shall be authorized to visit the activity to carry out the functions that come within the scope of their responsibility. The Union will request consultations and visits with Management at least fourteen (14) days in advance and during regular duty hours. The Union agrees that no internal Union business will be conducted with employee representatives or employees during duty time. The representative is solely responsible for following standard procedures to gain access and permission to enter onto the installation.

SECTION 7. Union representatives and aggrieved employees shall be permitted reasonable time while preparing for grievances, appeals and hearings. An employee who is required to attend a grievance or arbitration hearing, either as a party or a witness, may have their tour of duty adjusted to place them in a duty status and be paid accordingly.

SECTION 8. Management agrees that in the event it plans to temporary promote, transfer or detail in excess of seven (7) calendar days a steward, Chief Steward, officer, or representative from one work shift and/or shop to another, Management will inform the Union prior to taking such action.

SECTION 9. Management agrees that there will be no restraint, interference, coercion, or discrimination against a Union official or other Union representative because of his/her performance of Union representational duties.

SECTION 10. The Union will have the right to conduct informational picketing, provided necessary permits are obtained. Participating employees will be on annual leave or leave without pay, or on off-duty time. Informational picketing will not be conducted on Government property.

SECTION 11. The Union has the right to be furnished within a reasonable time and, to the extent not prohibited by law, data which is normally maintained by management in the regular course of business, and which is reasonably available and necessary for full and proper discussion, understanding and negotiation. Timely shall be determined to be seven (7) calendar days if the information is from a local source. When the information requested is not from local sources, the information should normally be provided within 14 calendar days of the request. If there is a delay in obtaining the information, Management will inform the Union of the expected date the information shall become available. The Union will put a request for information in writing to the Director, Civilian Personnel Advisory Center (CPAC). The Union request for information will specifically identify what information is being requested and for what time period, and will specifically identify what information is being requested and for what time period, and will include a statement of particularized need explaining how the data/information requested is necessary and relevant. If Management denies the request for information, they must give specific reasons for the denial. The Union may file an Unfair labor Practice (ULP) over Managements’ denial of release of information. Union representatives are responsible for maintaining the confidentiality of personal data in accordance with the provisions of the Privacy Act.

SECTION 12. If the Union feels that Management has penalized or reprised against an employee for exercising his/her rights, the Union may file an ULP with the Federal Labor Relations Authority (FLRA).

ARTICLE 7

MANAGEMENT-UNION COOPERATION

SECTION 1. Management will supply the Union once a year, the names of bargaining unit employees in alphabetical order with work locations. A monthly gains and loss report will be provided by MAMC’s Civilian Personnel Division (CPD) to the Union as they become available.

SECTION 2.

A. Management and the Union have established and actively support a Partnership Committee. The purpose of the Committee will be to develop and nurture an atmosphere of mutual trust and respect and to enhance mission accomplishment in a quality work environment. The Committee will inform the Commander and bargaining unit members on matters involving conditions of employment. The Committee will meet monthly at a mutually agreed upon and convenient location. Meetings will be on duty time. Members will be determined by the Committee. Committee members will be expected to attend all scheduled meetings.

B. The Union President and a designated Management official will co-chair the committee and will rotate chairing the committee meetings. The co-chairs will submit a joint agenda prior to the meeting and review the minutes following the meeting. If there are disagreements over the content, either co-chair may file an exception which will be attached and become a part of the minutes.

SECTION 3. Management agrees not to communicate directly with bargaining unit employees through general or organizational surveys regarding conditions of employment without prior notification to the Union and bargaining where appropriate. This includes all written surveys from all other agencies.

SECTION 4. The Union will be allowed to set up in the common area across from the dining facility entrance for distribution of Union literature. For scheduling purposes, the Union must contact the Public Affairs Office to schedule the space. Other space may be requested by the Union and approved at the discretion of Management on a case by case basis.

SECTION 5. Management will assist in the facilitation of the meeting of employees according to Article 5, Section 2.B.

SECTION 6. Employees will be reminded annually of their 5 U.S.C. 7114 2(b) rights (commonly referred to as ‘Weingarten Rights’) during their Birth Month Annual Review (BMAR) as determined by Management. The Union agrees to post ‘Weingarten Rights’ on their designated bulletin boards.

ARTICLE 8

HOURS OF WORK

SECTION 1.

A. Full time employees working a regular schedule will have a basic workweek consisting of eight (8) hours per day, five (5) days per week. Work in excess of 40 hours per week will be considered overtime and compensated IAW applicable regulations.

B. For employees working a Compressed Work Schedule (CWS – also known as Alternate Work Schedule or AWS) work in excess of their scheduled daily tour of duty or in excess of 80 hours per pay period will be considered overtime and compensated IAW applicable regulations.

SECTION 2. Management shall negotiate proposed changes to established tours of duty and hours and place of work with the Union prior to notifying employees or implementation of the changes. Negotiated changes will be given to the employees and include, new hours of work, new days of the week, place of work and reasons for the change. All changes normally will be posted on the duty section bulletin board fourteen (14) calendar days prior to the starting date of the change. Changes to existing, posted schedules may be required when operational necessity dictates (i.e., unplanned absences, additional mission requirements, staff shortages, etc.) or if it is determined the organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased if such changes were not made. Changes for operational necessity should be made so as to affect the minimum number of employees. Supervisors or their designee will make a reasonable effort to personally notify affected employees of all scheduling changes posted in employee’s absence. If the employee cannot be personally notified, they are not accountable for changes made in their absence. This section is not intended to force Management to negotiate over de minimus changes.

SECTION 3.

A. Employees will submit to their supervisors, shift preferences in priority order. When workload and staffing coverage permit, Management will make an effort to grant shift preferences for employees. In work areas requiring 24 hour coverage, employees will be requested to specify their preference for days, evenings, or night shifts, or fixed days, evenings or night shifts.

B. Management will make an effort to assign employees to their shift preference when there are work assignments available to be performed for those qualified employees. When more employees desire to work a particular shift that there are shifts available, the employee with the earliest Service Computation Date for Leave (SCD-Leave) who is qualified to perform the work will be assigned their shift of preference. Assignment to a shift preference of fixed days, evenings or nights does not mean that an employee will never rotate to other shifts. When there is a necessity to move an employee to another shift to provide adequate coverage, volunteers will be solicited. In the absence of a qualified volunteer, the employee with the most recent SCD-Leave date shall be considered first. This process does not create an established rotational system.

SECTION 4. Days off will be consecutive and scheduled on an impartial basis when permitted by coverage of the workload.

SECTION 5. Management will make a reasonable effort to schedule employee’s weekends off on an impartial basis.

SECTION 6. When there is a planned reduction in hospital services, such as training holidays, a liberal leave policy will be in effect for civilian employees. If there is sufficient notification of the planned reduction, consideration will be given first to allow employees to remain in their work area. If not, Management will arrange for assignment to another area where work is available.

SECTION 7.

A. Full time employees shall be granted, on a non-paid basis, a meal period scheduled at or near the mid-point of the tour of duty, of at least one-half (1/2) hour or up to one (1) hour, upon the employee’s request and with the supervisor’s approval. The location of meal periods will be without Management direction. In instances where the supervisor determines that the mission requires that they work through what would have been a non-paid lunch period, they will be compensated in accordance with applicable regulations.

B. Paid meal periods will not exceed twenty (20) minutes and the employee may be required to stay in the immediate work area.

C. Fifteen (15) minute paid breaks should be afforded to employees for every four (4) hours of work. Break periods normally should be taken at or near the mid-point between the start of the employee’s workday and the employee’s meal period and at the midpoint between the employee’s meal period and the end of the tour of duty. Break periods will not be scheduled to start or end the tour of duty or to be a continuation for the meal period and are not cumulative.

SECTION 8. Employees scheduled for two (2) tours of duty within a &quo;twenty four (24) hour period&quo; not on an overtime basis, will be allowed a ten (10) hour break between tours when practicable and permitted by coverage of the workload.

SECTION 9. Management will permit ten (10) minutes at the beginning of the shift and again at the end of the shift for changing clothes, clean up, and storage of tools and equipment when the nature of the work and environmental circumstances requires such time.

SECTION 10. Employees shall submit to their supervisors a written request to exchange work assignments, days off, and/or shift hours with one another. Supervisory decisions on such requests shall take into account such factors as: staff qualifications, staffing requirements and employee rationale for the requested change. The supervisor will provide a written response to the employee(s) in the event that the exchange cannot be approved stating the reasoning behind the disapproval

SECTION 11. Compensation for on-call work (beeper pay) will be IAW the provisions of Title 5 or Title 38 as applicable.

ARTICLE 9

OVERTIME

SECTION 1. Overtime must be requested and approved by Management in advance of being worked by an employee, excluding only bona fide emergency situations. Management reserves the right to request and assign overtime. Normally, an employee will be notified one (1) shift in advance of the shift he/she is required to work overtime. If this is impractical and overtime must be assigned to the employee with less notice, the employee, upon request, will be given the specific reason overtime is required. The assignment of overtime will be based upon mission and workload requirements. Individual employees will not be required to work overtime or compensatory time against their expressed desires so long as full requirements can be met by other employees willing to work and who possess the needed qualifications. When overtime is to be performed on a holiday, two (2) days advance notice will be given to affected employees when possible.

SECTION 2.

A. When practicable, a rotational system will be established whereby each and every employee within a section or organizational unit with appropriate skills will be given the opportunity to participate in overtime work assignments in an equitable manner, insofar as the requirements of an organization will permit. In certain specialized operations requiring specialized training, rotation of overtime assignments may not be possible due to the lack of qualified personnel. Suitable records of overtime worked and refused will be maintained by the supervisor or their designee to assure that each employee receives the same consideration. For record and rotational purposes, an offer of overtime that is declined will be considered equivalent to an offer to work overtime that is accepted and worked. In both cases, the employees name will be placed at the bottom of the overtime roster. An overtime roster and record shall be maintained by the supervisor and can be reviewed by the Union.

B. The success of an overtime roster system depends ultimately on voluntary employee cooperation. An employee’s name on an overtime roster will not obligate the employee to restrict his/her activities. An employee may be required to report for duty if actually reached and ordered to report by Management officials. The following procedures apply:

(1) An overtime list will be developed, based on employee seniority as determined by Service Computation Date for Leave (SCD-L) with the most senior employee at the top.

(2) When employees are needed for overtime, the overtime duty will be offered to the employee at the top of the list, if that employee has the skills required.

(3) Upon acceptance or refusal of the overtime duty, this employee will then rotate to the bottom of the list.

(4) The next employee then moves up to the top of the list, and the process is repeated.

(5) If all employees decline the overtime then the first available employee reached will work the overtime.

C. management shall not use direct or indirect influence to coerce the employee into taking compensatory time in lieu of overtime pay where regulations require payment of overtime.

SECTION 3. Employees who work overtime shall be allowed a 15 minute paid break for each four (4) hours of overtime worked. Management agrees to the maximum extent possible to allow the employee a meal time, at the employee\'s own expense and on his/her own. It is understood that a meal period is not to be considered as duty time in these situations.

SECTION 4. Employees either in on-the-job training locally or on details to other work centers may be considered for overtime in their sections depending on mission requirements.

SECTION 5.

A. Employees called to work outside of their basic workweek shall be paid a minimum of two (2) hours pay, regardless of whether the employee is required to work the entire two (2) hours.

B. Work related telephone calls after duty hours will be compensated for as follows: The first telephone call shall result in 15 minutes of appropriate rate of pay. Subsequent calls within 15 minutes of the first call shall not result in additional pay. Each call that falls outside of 15 minutes of the first call will result in an additional 15 minutes of pay. The 15 minute increments will be posted to the time card and credited as compensatory time or paid at the appropriate rate of pay as elected by the employee and as applicable regulations permit.

SECTION 6. When an employee is required to work beyond the end of their tour of duty, the employee is to be paid overtime in accordance with applicable regulations. Eligible employees may elect to take compensatory time in lieu of overtime pay. Compensatory and/or overtime will be annotated on time cards for the period worked.

SECTION 7. A MAMC staff notification and recall plan (alert roster) has been established to efficiently respond to medical center emergencies. Employees are required to provide appropriate personal information that will allow them to be contacted. Any information provided will be &quo;For Official Use Only.&quo;

SECTION 8. The impact and implementation of any call back or standby system proposed or changed by Management shall be negotiated with the Union in accordance with applicable law, regulation and memorandum of Agreement (MOA) as appropriate.

ARTICLE 10

LEAVE

Leave will be granted in accordance with Fort Lewis Regulation (FLR) 690-23 and other applicable regulations pertaining to special leave categories, such as the Leave Transfer Program, the Family Medical Leave Act, (FMLA), the family Friendly Leave Act (FFLA), expanded sick leave, court leave, or similar programs. Management should consider the entire work force (military and civilian) when considering leave requests.

ANNUAL LEAVE

SECTION 1.

A. Projected annual leave requests will be submitted by the employee on the OPM Form 71 (Request for Leave or Approved Absence) during the period of 15 October through 25 November for the following calendar year. Management shall indicate approval or disapproval on the OPM Form 71 in writing no later than 15 December. Where a conflict exists for the weeks of Christmas and New Years, the leave requests will be honored for only one (1) week of the aforementioned holidays so that the maximum number of employees will have an opportunity for time off during the holiday season. Where possible, Management will give at least a fourteen (14) calendar day notice of cancellation of approved leave.

B. Where a conflict exists between employees requesting the same vacation dates before the requested deadline and a mutual settlement cannot be obtained, the most senior employee in terms of SCD-Leave date will be granted the requested leave.

C. Other unscheduled annual leave requests submitted outside of the period indicated in paragraph A will be approved or disapproved based on the earliest request date.

D. When an employee is transferred to MAMC from another activity or transferred from one work center to another every effort will be made to accommodate previously scheduled and approved leaves.

SECTION 2. Annual leave forfeited through no fault of an employee will be restored if regulatory guidelines are met and proper procedures are followed.

SECTION 3. Annual leave may be donated in accordance with approved leave donation programs.

SICK LEAVE

SECTION 4. An employee may use accrued and accumulated sick leave whenever he or she is incapacitated by reasons of illness or injury, is receiving emergency medical, dental, or optical examination or treatment, or would jeopardize the health of others because of exposure to a contagious disease and for bereavement purposes.

A. Medical documentation for absences of three (3) days or less will not normally be required. Management may request documentation for absences of three (3) days or less if there is suspected abuse. If there is reason to believe the employee is abusing this sick leave privilege, Management will review employee’s sick leave record, taking into consideration hospitalization and family leave, and all documented absences. The employee may be advised in writing that any future absences of sick leave must be substantiated by medical documentation.

B. When an employee is required to submit medical documentation for absences reported as sick, this requirement will be reviewed every six (6) months by the supervisor. If the employee has met the requirements for providing medical documentation for all sick leaves during this period, the employee will be informed that the requirement will no longer be in effect.

C. When an employee is absent in excess of four (4) working days due to illness, he/she is required to process through the Occupational Health Clinic (OHC) prior to returning to duty. Supervisors may require employees to process through OHC for absences less than four (4) days if there is a health or safety concern.

SECTION 5. Employees who, because of illness, are properly released from duty by direction of the Occupational Health Clinic (OHC) shall not be required to furnish medical documentation to substantiate sick leave for the day released from duty. Other than documentation provided from OHC, the employee will notify their supervisor of their release from duty prior to leaving the hospital area. Upon the employee’s return to duty, the employee will give the supervisor or their designee the DA form 698, Individual Sick Slip, signed by OHC. Subsequent days of absence shall be subject to the provisions of Section 4, above.

SECTION 6. Up to 240 hours advanced sick leave may be granted subject to the following conditions: (1) the OPM Form 71 is supported by medical documentation from a HCP stating the nature of the medical condition and probable duration; (2) the circumstances are such that repayment of the advanced leave can reasonably be expected and (3) the HCP believes the employee will be able to return to full duty performance.

SECTION 7. Management will make an effort to provide light duty for employees recuperating from an accident or illness, when such duty is consistent with the employees medical restrictions, is actually available, is prescribed by a HCP and the employee can be expected to return to full performance within a reasonable length of time. This will be limited to a job the employee is capable of performing and in which the employee\'s services will be beneficial, as determined by Management. Management is under no obligation to make work for an employee. The Union will not act on Managements behalf in notifying the employee of the light duty employment opportunity.

SECTION 8. Employees have the option of taking annual leave or compensatory time earned rather than sick leave when attending medical appointments subject to Management approval.

SECTION 9. Where appropriate, Management may contact the HCP to verify the authenticity of the medical documentation presented.

UNSCHEDULED LEAVE REQUESTING PROCEDURES

SECTION 10.

A. he employee will make every effort to request sick leave, compensatory time or annual leave at least one (1) hour prior to the beginning of their shift. In situations which prevent the employee from reporting to the beginning of the shift, such notification will be made as soon as possible with an explanation of the reason for the late notification.

B. The employee will make one (1) phone call to a phone number within the department designated by the supervisor. If that supervisor is not available, the employee calling for leave will, in addition to identifying themselves, explain the necessity for and duration of the leave requested to the person who does take the call or the designated voice mail system. The employee must state how the supervisor may contact the employee. Leave may not be approved by virtue of an employee merely calling in and leaving this information. A request for leave based on a call from a relative or friend may not be approved absent verifiable incapacitation of the employee.

LEAVE WITHOUT PAY

Employees are encouraged to contact the CPAC for information regarding the impact of leave without pay (LWOP) on their pay and benefits.

SECTION 11.

A. LWOP may be granted to not more than one (1) of the members of the Union to serve with AFGE National or district office for up to one (1) year. An extension may be granted for the second year upon request. Employees returning from approved leave without pay will be granted such rights, privileges, and seniority to which they may be entitled at the time in accordance with applicable statutes and regulations.

B. As provided for in existing regulations, extended LWOP may be granted to an employee to complete training or education which is of mutual benefit to the employee and Management.

EXCUSED ABSENCE

SECTION 12. Management agrees to grant an aggregate of up to 500 hours of excused absence per year for use by bargaining unit representatives to participate in Union-sponsored training. The Union will present 30 calendar days in advance or as soon as possible, a detailed agenda when requesting leave under this section. When Management finds the subject matter of the training is of mutual benefit, the absence will be approved.

SECTION 13. Employees are encouraged to serve as blood donors at MAMC and will be excused from the workplace, workload permitting, without charge to leave for the time necessary to donate the blood, for recuperation following blood donation, and for necessary travel to and from the donation site. The maximum excused time will not exceed four (4) hours, except in unusual cases. When the employee must travel a long distance, or when unusual need for recuperation occurs, up to an additional four (4) hours may be authorized.

SECTION 14. Up to three (3) hours of excused absence may be granted an employee to vote or register in any election or in referendums on civic matters in an employee\'s community, if one of the following conditions exist:

A. The polls are not open at least three hours before or after an employee\'s regular hours of work.

B. The voting place is beyond normal commuting distance and vote by absentee ballot is not permitted.

C. Registration is required in person and cannot be accomplished on a non-work day.

SECTION 15. Based upon workload considerations, employees may be granted reasonable amounts of excused absence to utilize the services of the MAMC CPD and/or the Fort Lewis CPAC. It is suggested to call in advance to make an appointment.

ARTICLE 11

HEALTH AND SAFETY

SECTION 1. Management will strive to provide and sustain safe working and healthful working conditions for employees. The Union will cooperate to that end and will encourage all employees to observe safe work practices and safety precautions in performing their duties and to promptly hazards 9conditions considered to be unsafe and unhealthful) to their supervisors, and if unresolved, to the Safety Office.

SECTION 2. The maintenance of a sound health and safety program is the mutual concern of Management and the Union. Management will review and consider suggestions from the employees and the Union on ways and means of improving safety and health conditions. management shall provide appropriate health and safety training for employees; including specialized job health and safety training, appropriate to the work performed by the employee.

SECTION 3. The Union will be afforded the opportunity of nominating a Union representative to the MAMC Safety Council. When the Union has specific safety concerns in a particular organization. a representative from the area of concern will be permitted, subject to workload requirements, to attend a MAMC Safety Council meeting with the Union Safety Representative to present information about the specific health and safety issues. Such attendance is predicated upon the issue being submitted in writing to the MAMC Safety Council or the MAMC Safety Manager prior to the publication of the agenda. The representative should come to the meeting prepared to provide sufficient specific details to clearly identify the safety problem.

SECTION 4.

A. The Occupational Health Program (OHP) objectives are (1) assuring that all employees are physically, mentally, and psychologically suited to their work and that their physical and mental health and well-being are maintained during employment; (2) to determine that the work environment is safe, ergonomically correct, hygienic, and wholesome; and (3) to reduce the economic loss occasioned by physical inefficiency, sickness, and injury. In order to maintain these objectives, Management will continue to provide, whenever possible, the services and resources of MAMC for the purpose of rendering emergency medical treatment during duty hours in accordance with existing procedures.

B. Under the OHP, all requests for information from employee’s personal health care provider shall be initiated through OHC with the employee’s knowledge and consent.

SECTION 5. Protective clothing and equipment will be provided by Management when required by applicable regulations and standards. Employees will adhere to the current dress code policy of the hospital.

SECTION 6. IAW Occupational Safety and Health Agency (OSHA) regulations, periodic work-related medical surveillance examinations and screenings will be provided during duty hours by MAMC resources. The supervisor or employee should contact the MAMC OHC to schedule such work-related medical care. upon request, the employee will be provided health maintenance examinations, subject to availability of health services resources.

SECTION 7. The Union President, Vice-President, Chief Steward, and Safety Officer will be trained in the process of hazard identification, tracking and correction. They will be familiar with 29 CFR 1960, Basic Program Elements for Federal Employees, OSHA and their role in Madigan’s Safety and Occupational Health Program. Management will provide this training on-site or online as appropriate. This training is excluded from the training hours described in Article 10, Section 13.

SECTION 8. Use of tobacco products in all buildings within the jurisdiction or control of MAMC is prohibited. Employees are encouraged to participate in the smoking cessation program in accordance with current policy.

SECTION 9. Employees who believe their job requirements expose them to hazardous conditions shall report such conditions through their supervisory chain beginning with their first line supervisor. The supervisory chain will take necessary steps to have appropriate personnel promptly investigate the condition and correct the problem at the earliest opportunity.

SECTION 10. An employee who is pregnant and works in an area that may potentially expose her or her unborn child to a health or safety risk is advised to call or report to the OHC as soon as pregnancy is known. OHC will provide education to pregnant employees regarding potential hazards of the work area that may affect the pregnancy.

SECTION 11. Supervisors will immediately arrange for employees with a needle stick or body fluid splash to report to the Emergency Room to assess the injury in accordance with MAMC Infection Control Policy.

SECTION 12. The Union and Management endorse the tenets and provisions of the drug testing program at MAMC and fully supports compliance with all applicable drug testing policies and procedures.

ARTICLE 12

ASSIGNMENT OF WORK AND JOB CLASSIFICATION

SECTION 1. Employees will be furnished a copy of their job descriptions initially and as changes are made. The statement on each job description, "performs other duties as assigned," shall not be construed as meaning work formally classified at a higher grade level for an extended period of time. Management retains the right, in accordance with applicable laws and regulations, to assign work; however, this does not limit the employee\'s right to express dissatisfaction concerning procedures employed by Management. Also, this does not preclude Management from considering the views and recommendations of the Union.

SECTION 2.

A. Authority to detail civilian employees is a Management prerogative and provides a simple and flexible means of accomplishing certain operational needs. A detail of less than 30 calendar days is a temporary assignment of work that is generally done on a verbal basis, with no change in the employees pay or status.

B. Details of more than 30 calendar days to an unclassified set of duties or to work classified at a higher grade level will be recorded on a Request for Personnel Action (RPA).

C. In circumstances where employees will be asked to perform the full range of work formally classified at a higher level for an extended period, Management will consider temporarily promoting the employee, subject to the employee meeting all legal and regulatory requirements.

D. The following are examples of when details are used: (1) to meet emergencies occasioned by abnormal workload, change in mission or organization, or unanticipated absences such as sick leave or emergency annual leave; and (2) pending official assignments, classification of new positions, security clearances, and for training purposes.

E. Employees are encouraged to update their resume with their skills and experience.

SECTION 3. As applicable to assignment of work and job classification, the employee shall be notified fourteen (14) calendar days in advance when an action is to be taken that has an adverse effect on the employee\'s pay. If the employee elects to be represented by the Union, it will be incumbent upon the employee to forward all correspondence to the Union representative.

SECTION 4. Filing a classification appeal does not deprive the employee of the employee\'s right to appeal any related adverse action through appropriate regulations.

ARTICLE 13

PERFORMANCE APPRAISALS

SECTION 1. The parties agree that performance appraisals will be completed in accordance with DoD, DA and MAMC regulations. The purpose of a performance appraisal is to evaluate the employee’s performance based on objective criteria related to the employee’s position and elements of their job description while enhancing the efficiency of agency operations by motivating employees to perform their jobs effectively. management should discuss objectives for the rating period, assess job performance, and plan for future expectations. The supervisor will prepare the performance rating taking into consideration the employee’s performance during the entire rating period.

SECTION 2. Assignments of performance rating levels as well as written performance counseling’s are grievable under Article 18, Grievance Procedure, of this agreement.

SECTION 3. Documentation relied upon in the preparation of an employee’s appraisal shall not be used for subsequent appraisal periods.

ARTICLE 14

MERIT PROMOTIONS

SECTION 1.

A. Management and the Union agree to follow the provisions of the West Region Merit Promotion and Placement Plan (WRMPPP). Management will support the tenets of merit systems principles to support the filling of positions fairly and equitably, increase awareness of MAMC job opportunities, and make selections using merit-based criteria.

B. The selecting official may or may not select any candidate referred under the WRMPPP. The selecting official may make a selection from any source of candidates at anytime during the recruitment process. Reasons for selection will be documented. It is strongly recommended that selecting officials interview candidates.

ARTICLE 15

TRAINING

Training, as defined in the remaining sections does not include degree producing education.

SECTION 1. The Union, as well as Management, encourages formalized education and training of employees. Management agrees to make a reasonable attempt to accommodate employees pursuing additional education or training when the completion of same is contributory to the best interests of the Federal government. This can be accomplished by rearranging tours of duty, when permitted by coverage of the workload, which will facilitate employee attendance. The Union agrees and understands that Management is not required to comply with the provisions of Article 9 (Hours of Work) when accommodating employee desires to attend training. As provided for in existing regulations, the granting of extended leave without pay is a proper action enabling an employee to compete training or education which is of mutual benefit to the employee and Management.

SECTION 2. Management will inform employees about training opportunities, department policies and nomination procedures. Management will provide or otherwise make available training opportunities that will best serve the needs of the organization and is encouraged to establish upward mobility training to enhance the career potential of employees.

SECTION 3. Employees will be notified of approval or reason for disapproval of training requests as soon as possible. Should an employee’s request for training be disapproved solely for lack of funds, the employee may resubmit a request for training as funds become available.

SECTION 4. In accordance with the Joint Travel Regulation (JTR), Management will pay all expenses, including tuition and travel, in connection with training required by Management to perform the duties of an employee’s current position or a position to which an employee has been assigned.

SECTION 5. When a change in qualifications for a position mandates an additional requirement for an employee already holding that position, Management will pay for the technical training needed for the employee to meet the new qualifications. management will determine what type of training is needed (in-house, contracted, or other) and when and where the training is provided.

SECTION 6. When details or temporary promotions are utilized for the purpose of training employees for potential permanent promotions, the selection for such details or temporary promotions will be in accordance with the West Region Merit Promotion and Placement Plan (WRMPPP). In addition, the lateral reassignment of employees to permanent positions for which there is known promotion potential will be effected under the procedures of the WRMPPP.

SECTION 7. Cross-training assignments may be made not to exceed six (6) months if it is deemed to be in the interest of Management and will further enhance the fulfillment of the organizational mission, and when such is not in violation of the WRMPPP.

SECTION 8. When a grievance is received by the Union concerning training, a list of employees attending the training classes in question will be furnished to the Union upon request.

SECTION 9. Supervisors are strongly encouraged to conduct training during the employee’s normal duty hours. Employees required to attend mandatory in-service training, when they are not normally scheduled for duty, will receive a minimum of two (2) hours of pay (at the appropriate rate of pay) for their attendance at the training.

ARTICLE 16

REDUCTION-IN-FORCE

SECTION 1. In the event of a RIF, Management agrees to notify the Union as far in advance as practicable. Such notification will include the specific department(s) within the organization affected and approximate number of employees who are likely to be affected. The parties recognize that this number could change before the final RIF action is taken. In addition, the Union will be kept informed regarding changes in the number of employees scheduled to be separated. The Union agrees to respect the confidentiality of information supplied that is not public information such as retention registers.

SECTION 2. Management may modify qualification requirements where appropriate in those cases involving assignment to vacancies at the same or lower grade during reduction-in-force when Management determines and the gaining supervisor concurs that the assigned employee has the potential, capability and aptitude to perform the duties of the position. If Management determines that the employee requires additional training, such training will be programmed and scheduled within 30 days when possible.

SECTION 3. Management agrees to provide a specific written notice to each employee affected by a RIF, if released from their competitive level, at least 60 calendar days prior to the effective date. The notice shall comply with the provisions of 5 CFR 351.802. Employees will be notified of grievance rights and time limits to grieve.

SECTION 4. Any career or career-conditional employee who is separated because of a RIF and who did not decline an offer of a continuing position will be placed on a re-employment priority list for the length of time specified by regulations. Such employees will be given preference for rehiring in temporary and permanent positions for which they are qualified. It is understood that acceptance of temporary employment will not alter an employee\'s right to be offered permanent employment.

ARTICLE 17

DISCIPLINARY AND ADVERSE ACTIONS

In computing the number of days allowed for filing a grievance, information request, or arbitration, the first day counted is the day after the event from which the time period begins to run. If the date that ordinarily would be the last day for filing falls on a Saturday, Sunday, or Federal holiday, the filing period will include the first workday after that date.

SECTION 1. Unless punitive in nature, the objective of discipline is to correct and improve employee behavior so as to promote the efficiency of the service and the principle of progressive discipline should be followed. Less severe discipline should be considered for a first offense. However, a more severe disciplinary measure may be warranted depending on the circumstances and seriousness of the offense. Normally, discipline should be preceded by counseling which may be informal in nature and may or may not be documented. Counseling should be conducted privately and in such a manner as to avoid embarrassing the employee. Management should consult with their CPAC Generalist prior to taking disciplinary and/or adverse actions.

A. Disciplinary actions should be taken in as timely a manner as possible in order to optimize the effectiveness of the corrective action taken. If it is determined that no action will be taken, the employee will be notified.

B. Suspensions of 14 calendar days or less will only be taken for just cause and in accordance with laws and regulations. Employees will be given a notice of proposed action; an opportunity to reply to the charge(s), orally and/or in writing, and a decision. If a non-probationary career or career-conditional employee alleges that the charges were untrue, facts misrepresented, or the penalty too severe, the decision may be grieved within 15 calendar days from the date the decision letter is received by the employee. The grievance will be filed at Step 3 of the grievance procedure (See Article 18, Grievance Procedure). If the suspension begins within 15 calendar days, from the date the decision letter is received, each day of suspension served will not be counted against the 15 calendar days in which to file a grievance.

C. If the Union wishes to have a copy of the material relied upon by Management to support a disciplinary action, it will be made available within ten (10) calendar days of Management’s receipt of the written request, provided the employee has given a written designation that the Union is his/her representative in the action. The amount of time between the date of the request and the receipt of the material shall not count towards the time limitations for the oral and/or written reply. The method of transfer of such information between Management and the Union will be determined by a consensus of the Union President and the Chief, CPD. Information requested by the Union will be provided in accordance with Title 5 USC Section 7114.

D. A decision notice involving suspension will be delivered in any of the following three methods: 1) If in person, at least two (2) hours prior to the affected employee’s end of shift; 2) Regular mail with a certificate of mailing; 3) By facsimile transmission after coordination with the employee.

E. A signed courtesy copy of reprimands, suspension decisions and removal decisions will be provided to the Union by the deciding official within five (5) calendar days of issuance to the employee. Coordination will be made for delivery either in person, telephonically, or electronically. Copies provided may be sanitized in accordance with the Privacy Act.

F. Management is encouraged to obtain a written statement(s) from an employee when considering disciplinary action. The employee should be advised of the right to consult with the Union. Management should discuss the incident with the employee, affording them the opportunity to explain the basis for his/her actions, and if appropriate advise the employee that disciplinary action is under consideration. The employee must be provided the opportunity to be accompanied by a Union representative if representation is requested. While the employee is free to consult with the Union representative during the discussion with the supervisor, the representative may not answer for the employee. If the employee is subsequently issued a letter of reprimand, such reprimand may be grieved within 15 calendar days after the employees receipt of the reprimand. The grievance will be filed at Step 2 of the grievance procedure (See Article 18, Grievance Procedure).

SECTION 2. Adverse actions.

A. Adverse actions are defined as suspensions for more that 14 calendar days, removal, reduction in grade or pay (such as demotions), and furlough for 30 calendar days or less taken against career or career-conditional employees not serving a probationary or trial period.

B. In cases of adverse action, these employees will be given a notice of proposed action; an opportunity to reply to the charge(s) orally and/or in writing; and a notice of the decision. If, after a letter of decision is received, a non-probationary career or career-conditional employee alleges that the charges are untrue, the facts misrepresented or the penalty too severe, then the decision may be grieved at Step 3 of the grievance procedure (see Article 18) or appealed in accordance with Merit Systems Protection Board (MSPB) procedures but not both. For the purposes of this article and pursuant to Section 7121 of Title 5, U.S. Code, an employee shall be deemed to have exercised his option at such time as he/she files a grievance under the grievance procedure or an appeal under the appellate procedure, whichever event occurs first. A timely grievance is one filed within 15 calendar days after the employee’s receipt of the adverse action decision letter. A timely MSPB appeal is one filed not later than 30 calendar days after the effective date of the adverse action and/or otherwise in accordance with applicable MSPB regulations and case law.

SECTION 3. Counseling.

A. It may be necessary to call to an employee’s attention certain matters or issues that may be interfering with successful job performance or employee conduct. Counseling sessions will be done in private to set the proper tone and as a method to focus attention upon the issues at hand unless an on-the-spot correction is necessary to prevent injury, administer proper patient care, or provide appropriate customer service. Counseling of an employee is usually a matter between a supervisor and an employee. If more than one Management representative is present, the employee may request the presence of a Union representative.

B. The employee will be permitted, upon request, to review or be given a copy of supporting documentation regarding unacceptable performance or conduct when the employee is counseled regarding the issue. For purposes of this provision, &quo;supporting documentation&quo; does not include copies of Fort Lewis, DA, DOD, or government-wide regulations, pamphlets, policies, instructions, rules, or statutes and laws that can be obtained or accessed by computer. The employee will be directed to initial the counseling statement; however, initialing the counseling will not mean that the employee agrees with the accuracy of the counseling. Disagreement over counseling may be grieved under the provisions of Article 18, Grievance Procedure, of this agreement.

ARTICLE 18

GRIEVANCE PROCEDURE

SECTION 1.

A. This Article establishes the exclusive procedure available to the employees in the bargaining unit, the Union, and Management to grieve issues covered by the parties’ agreement. The following issues are excluded from this grievance procedure:

(1) The interpretation of any agency (e.g., MEDCOM, DA or DOD) regulation, provision(s) of law or regulations of authorities outside the agency;

(2) Non-selection for promotion from a group of candidates;

(3) Resignation, termination or removal of temporary employees; termination of temporary promotions; termination of probationary employees; and termination of employees serving under excepted appointments;

(4) Non-adoption of a suggestion;

(5) Failure to receive a discretionary award for performance;

(6) Notices of performance expectations or placement of an employee on a Performance Improvement Plan (PIP);

(7) Requirement to submit to a fitness for duty examination;

(8) Any violation or disciplinary action relating to prohibited political activities;

(9) Retirement, life insurance, or health insurance;

(10) Suspension, or removal for national security reasons;

(11) Any examination, certification or appointment;

(12) The classification of any position which does not result in the reduction in grade or pay of an employee. Note: this exclusion means employees covered by retained grade and pay by a classification downgrading action may not grieve;

(13) Findings of pecuniary liability for damage to government property as provided in AR 735-5, Policies and Procedures for Property Accountability;

(14) Any complaint of discrimination because of race, color, religion, sex, national origin, age, or physical or mental disability.

(15) Managements decision not to modify qualifications for employee placement during a RIF is not grievable.

B. If an employee of the bargaining unit desires to use the negotiated grievance procedure, the employee may be represented only by the Union or by a person approved by the Union in filing a grievance. Such representation approval shall be provided by the Union to Management in writing prior to that person’s ability to commence representational duties.

C. Failure of an employee to obtain a representative does not extend nor waive the time frame for filing a grievance.

SECTION 2.

A. Grievances often arise from misunderstandings or disputes, which can be settled promptly and satisfactorily at the lowest possible supervisory level. Settlement of grievances is encouraged at all steps of the grievance process. However, reasonable effort by all parties to settle grievances at the lowest possible level is encouraged. Efforts to settle grievances do not under any circumstances extend or waive the time limits at each step of the grievance process. Failure of the Union to comply with the time limits for filing and advancing a grievance at each step of the grievance process shall render the grievance moot and non-grievable.

B. The filing of a grievance shall not reflect unfavorably on an employee\'s good standing, performance, loyalty or desirability to the organization. The granting of relief or denial of a grievance by Management shall not reflect unfavorably on a manager’s good standing, performance, loyalty or desirability to the organization.

C. At all steps of the grievance procedure, the grievance will be presented in writing on a form mutually agreed upon by the Union and Management.

D. An employee who has requested representation by the Union must be accompanied by a Union representative at all grievance meetings. management will coordinate the grievance meeting through the Union representative.

E. Reasonable time during working hours (i.e. official time) will be allowed for employees and union representatives to discuss, prepare for, and present grievances, including attendance at meetings with management officials. Procedures for reasonable time are outlined in Article 6 Section 4A, Union Rights and Obligations.

F. Issues of non-grievability shall be subject to arbitration on the issue of grievability only. Only after the issue of grievability has been decided by an arbitrator and the decision is final and is in favor of grievability may the merits of the grievance be advanced.

SECTION 3. Procedure

A. Grievances must be filed with the employee’s appropriate management official within 15 calendar days of the incident, the receipt of a letter of reprimand under any of the provisions of Article 17, or the effective date of the personnel action or removal, unless it can be demonstrated that the employee was not aware of the matter at issue. A grievance on an issue of a continuing nature may be grieved at any time.

B. At each step of the grievance procedure a written decision will be completed within 15 calendar days of receipt of the grievance or within 15 calendar days of the date of a meeting, if a meeting is held.

C. Should Management fail to comply with the time limits for rendering a decision at any step, the grievance may be advanced to the next step.

D. For multiple grievants with the same problem the Union will initiate a single group grievance. The names of the grievants will be provided if known at the time of the filing. This notification does not preclude adding grievants at a later date.

Step 1: The Union will present a completed copy of the mutually agreed upon grievance form to the grievance form to the grievance official in accordance with the time frame above. The grievance official will attempt to resolve the grievance, but must meet with the Union and employee within 7 calendar days of receipt of the grievance. At the meeting, the Union and/or employee shall make a full and detailed statement of facts relied upon, contractual provisions involved, and relief sought. The grievance official’s written response must be provided no later than 15 calendar days from the date of that meeting. The grievance official’s written response will include a sentence identifying the name and title of the designated second step grievance official.

Step 2: If the grievance is not resolved at Step 1, the grievance shall be presented in writing to the second step grievance official within fifteen (15) calendar days of the Unions receipt of the Step 1 decision. If the grievance is initially filed at Step 2, the grievant shall have 15 calendar days to file the grievance. In order to expedite the grievance process and to assist the second step grievance official in replying within a timely manner, the information relied upon for the grievance filed should be promptly provided to the second step grievance official by the first step grievance official. In an attempt to resolve the grievance, the second step grievance official should meet with the grievant and representative. The second step grievance official will have 15 calendar days to render a decision. The second step grievance official will prepare a written memorandum of decision, which will include a sentence identifying the name and title of the designated third step grievance official.

Step 3:

A. If no mutually satisfactory settlement is reached, the grievance may be advanced in writing to the designated third step grievance official within fifteen (15) calendar days of the Unions receipt of the Step 2 decision. A copy of the mutually agreed upon grievance form and the information relied upon for the grievance filed should be provided by the second step grievance official to the third step grievance official at the time the grievances advanced. The third step grievance official should meet with the grievant and representative within 7 calendar days. The third step official will have 15 calendar days from the date of the meeting to render a written decision.

B. If a grievance is initially filed at Step 3 the Union will provide the grievance form and a copy of the decision to the third step grievance official. This will be done within 15 calendar days from the date of the employee’s receipt of the decision on disciplinary action against the employee. The third step grievance official will meet with the grievant and representative within 7 calendar days. The third step official will have 15 calendar days from the date of the meeting to render a written decision.

C. If the grievance timelines are not met by management at Step 3 the grievance will proceed to Step 4.

Step 4: If the timeline in Step 3 is not met by management, the grievance may be advanced in writing to the Commander or Acting Commander within seven (7) calendar days of the date of the date the deadline was not met. A copy of the grievance form will be provided to the Chief, Civilian Personnel Division. From that date the Commander or Acting Commander will have seven (7) calendar days to appoint a disinterested 4th Step Grievance Official. The 4th Step Grievance Official will have 7 calendar days to meet with the grievant and representative. From the date of that meeting, the 4th Step Grievance Official will have 15 calendar days to render a written decision in the grievance. If any of the timelines in Step 4 are not met the grievance may be taken to arbitration and management will pay 100% of the cost.

SECTION 4. It is the intent of the parties that the time limits contained herein be observed. The time limits in this Article may be extended only by mutual, written agreement between the Union and Management. The decision by either party not to extend the time limits of the grievance procedure is not in itself grievable under any circumstances.

SECTION 5. Management will, upon receipt of a written request, produce pertinent payroll and other records insofar as permissible without violating laws, regulations, and governmental policy, for the purpose of substantiating the claims of the parties. When a request for information is made, the grievance time limits will be suspended until a receipt of a reply by Management. A reasonable time shall be determined to be seven (7) calendar days if the information is from a local source. When the information requested is not from local sources, the information should normally be provided within 15 calendar days of the request. If there is a delay in obtaining the information, Management will inform the Union of the expected date the information shall become available.

SECTION 6. Failure of Management to answer written grievances within the time limits prescribed in each step of the grievance procedure shall permit the Union to refer the grievance to the succeeding step of the procedure. Failure of the grievant to meet established time frames shall result in termination and nongrievability of the grievance.

SECTION 7. Should there be a question about the interpretation of a regulation; the grievance reply will be delayed until the proponent of the regulation has interpreted the questioned policy. The Management and Union positions will be jointly forwarded to the proponent. The decision of the proponent as to the interpretation will be final and not subject to further review under the grievance or arbitration procedure.

SECTION 8. If an employee leaves the bargaining unit before the steps of the grievance procedure are completed, and no pay issue is involved, action will be terminated without final decision.

SECTION 9. Nothing in this agreement shall be so interpreted as to require the Union to represent an employee if the Union considers the grievance to be invalid or without merit.

SECTION 10. Union representatives shall not be hindered in the performance of their duties of investigating, presenting, and adjusting grievances as provided for in this article.

SECTION 11.

A. Grievances initiated by Management will be submitted to the Chief Steward within 15 calendar days of the incident giving rise to the issue or if Management is unaware of an issue or incident, within 15 calendar days of when Management first became aware of the issue or incident.

B. The grievance must be submitted in writing, and specify the article and section of the contract alleged to have been violated and the corrective action sought. The Chief Steward will sign and date the grievance to acknowledge receipt.

C. The Chief Steward will provide a written decision stating the Unions position and specifying its support for the position to Management within 15 calendar days after receipt of the grievance. Management will sign and date the written decision to acknowledge receipt.

D. If management desires to pursue the issue, Management will present the written grievance, with a copy of the Chief Stewards decision, to the Union President within 15 calendar days of receipt of the Chief Stewards decision. The Union President will sign and date the grievance to acknowledge receipt.

E. The Union President and the Commander, or his/her designated representative, will meet within 15 calendar days of the Unions receipt of the grievance in an attempt to resolve the issue. A written memorandum of the meeting will be prepared by the Union President and provided to Management within 15 calendar days after the meeting. Management will sign and date the decision acknowledging receipt.

F. If after the meeting, the parties are unable to resolve the issue and Management desires to pursue the issue, management will submit a written request for arbitration in accordance with Article 19, Arbitration within 15 calendar days of the receipt of the Union Presidents memorandum of the meeting.

ARTICLE 19

ARBITRATION

SECTION 1. Only the Union, in the case of employee grievances (or Management, in the case of Management grievances) may invoke arbitration. Arbitration may be invoked only for a grievance that has been properly processed within the time limits specified, and only on the issues grieved. The Union President must notify Management (or vice versa) in writing within 15 calendar days after receipt of a written answer at Step 3 (or Step 4 of the grievance procedure if that step was necessary) that the Union (or management) is invoking arbitration. If notification is not received as above, the party’s right to invoke arbitration is forfeited and may not be pursued.

SECTION 2.

A. Within seven (7) calendar days after receipt of the notice that arbitration is invoked, the party invoking arbitration will request a list of seven (7) arbitrators from Federal Mediation and Conciliation Service (FMCS). A copy of the party’s request to FMCS will be provided to the other party. The party invoking arbitration is responsible for paying the cost for the FMCS-requested list of arbitrators.

B. As an exception to this FMCS procedure, prior to a request being forwarded to FMCS, the parties may mutually agree within the seven (7) calendar days time period, in writing, to a particular arbitrator. However, if that arbitrator is not available to conduct the arbitration within sixty (60) calendar days of the parties’ mutual request for arbitration, the party invoking arbitration must then follow the FMCS procedure above.

SECTION 3. The parties shall meet within seven (7) calendar days after the receipt of a list of arbitrators from the FMCS. If they cannot mutually agree upon one of the listed arbitrators, then Management and the Union will alternately strike one arbitrator\'s name from the list until one name remains. The remaining name shall be the selected arbitrator. The parties shall flip a coin to determine who strikes the first name.

SECTION 4. At the time the parties meet to select an arbitrator, they shall also discuss the issue(s) to be submitted to the arbitrator. If the parties are able to agree on the issue(s), they shall jointly submit the issue(s) in writing to the arbitrator. The parties will sign at the bottom of the document to indicate that this is the agreed upon issue(s). If the parties are unable to agree upon the issue(s), the parties agree to submit the issue(s) individually to the arbitrator.

SECTION 5. The fees and expenses of the arbitrator shall be borne equally by Management and the Union. The only exception is when the timelines in Step 4 are not met, in which Management will pay 100% of the fees and expenses of the arbitration.

A. The arbitration hearing shall be held during the regular day shift work hours of the basic workweek. All employee representatives who are currently in a pay status, employee grievant, and MAMC employee witnesses shall be in a pay status without charge to annual leave for the period of time that their presence and participation is required at the arbitration proceedings. This is conditioned on the Union providing Management enough advance notice of the identity of requested employee witnesses so that last minute schedule changes, leave cancellations, and overtime costs can be avoided.

B. Any witness requested by a party who is reasonably available in person or by telephone, and whose presence is deemed relevant and necessary by the arbitrator, will be called unless there are circumstances that prohibit their presence. In that event, necessary testimony will be obtained by sworn affidavit, declaration or deposition.

SECTION 6. If jointly agreed upon and appropriate, the arbitrator will be requested by the parties to render the decision as quickly as possible but in any event no later than thirty (30) calendar days after the conclusion of the arbitration unless the parties agree otherwise.

SECTION 7. The Union or Management or both may file exceptions to the arbitrator\'s award in accordance with applicable laws and regulations.

SECTION 8. The parties may jointly request the FMCS to provide non-binding mediation service. The costs of the services of the mediator, if any, shall be shared equally by the parties.

ARTICLE 20

USE OF OFFICIAL FACILITIES

SECTION 1. Management agrees, upon request of the Union, to provide meeting space for used during non-duty times, provided such space is available and the Union complies with all security and housekeeping rules in effect at that time and place. Requests for use of meeting space will be made at least two weeks in advance to the appropriate office responsible for the space requested.

SECTION 2.

A. Two (2) courier parking permits will be issued to the Union President.

B. Employee parking areas will be provided by Management and located as close to the assigned work area as feasible, considering security, safety and patient convenience.

C. Parking slots designated as ‘patient parking only’ are available to employees who start their shift after 1430 hours but before midnight, Sunday through Thursday.

D. Handicapped employees may park in any slot properly marked handicapped. If none is available, they may park in any patient parking slot, but must display their handicap decal.

SECTION 3.

A. Management agrees to provide office space of a minimum of 200 sq. ft. for the sole purpose of conducting official Union representational duties prescribed by law, regulations and negotiated agreements. The Union agrees that Union stewards and/or officers will use the room while in a non-duty or official time status.

B. It is agreed and understood that the Union will vacate this room within 30 calendar days when the Commander at his/her discretion gives 30 calendar days advance written notice to the Union to vacate. The Commander\'s notice and order to vacate is not subject to negotiation, grievance or arbitration, but Management agrees to make a reasonable effort to locate and offer equal space and accessibility.

C. The Union agrees not to make permanent physical changes or alterations without prior written approval of the Chief, Facility Management Division, and the Union will pay for any approved changes. Signage will conform to the type and style of similarly situated rooms in the facility. It shall contain only the term "American Federation of Government Employees – Local 1502" and list the office hours and telephone number.

D. If a decision is made to require private agencies to lease their current space, the Union will coordinate with the Corp of Engineers on the terms of the lease.

E. Management agrees to provide access to local telephone service, email access and if available, office furniture.

F. The parties agree that the Union shall not lease or sublease, loan or assign use of the space to any other organization, party or individual. In addition, the Union agrees to assume liability and hold Management harmless for any and all claims arising from the Union\'s use of the space. The Union agrees to abide by all pertinent regulations in use of the facilities. The Union is liable and responsible for the costs of repair of any damage to the space arising from the Unions use of the space.

ARTICLE 21

DUES WITHHOLDING

SECTION 1. Each bargaining unit member, in good standing of the Union, shall have the right to make a voluntary allotment from their pay for the payment of regular periodic dues each payroll period, as well as the right to revoke such an allotment during their anniversary month, as validated by the AFGE Secretary Treasurer.

SECTION 2. Management shall process the SF1187 (Request for Payroll Deductions for labor Organization Dues) and the SF1188 (Cancellation of Payroll Deductions for Labor Organization Dues) forms for all eligible members of the Union who voluntarily authorize start or stop of such deductions in accordance with the provisions set forth herein.

SECTION 3. The Union is responsible for procuring the prescribed allotment forms; distributing the forms to members; certifying as to the amount of its dues; delivering completed forms to Management; and educating its members on the program for allotments for payment of dues, its voluntary nature, the uses and availability of the prescribed allotment forms, and the procedures for revocation of allotments.

SECTION 4. Deduction of dues shall begin within two (2) pay periods after receipt of the Standard Form 1187 by the CPD, Customer Service Representative.

ARTICLE 22

PUBLICITY

SECTION 1. Sufficient bulletin boards or bulletin board space will be provided in appropriate work areas for the display of union literature, correspondence and notices. The Union recognizes its responsibility to insure that posted material is accurate, that it adheres to high ethical standards, contains no false or defamatory material, and that no material contains political partisan materials or endorsements, propaganda attacks upon the United States Government or any of its agencies or activities, any state government or subdivision thereof, other employee organizations or any individual. Material will not be removed by Management or their designees without consultation with the Union. However, the Union will on its own remove material which is obsolete either because an announced date or an event has lapsed or the content is no longer valid.

SECTION 2.

A. Management agrees to publish notices of pending Union meetings, results of Union elections, and Union participation in MAMC sponsored civic affairs in the Madigan Mountaineer. Other Union initiated articles may be submitted to the Public Affairs Office and will be considered for publication. The Union notices or articles must be in compliance with the standards in Section 1 above.

B. MAMC agrees to publish yearly in the Madigan Mountaineer , a statement as to recognitions granted the Bargaining Unit, and to periodically list the names and numbers of the Union Executive Board, Stewards and Chief Steward.

SECTION 3.

A. Management agrees to permit distribution of Union literature to all employees in the units recognized by this agreement, during non-duty hours. Employees participating in distribution of Union literature will be on annual leave or leave without pay, subject to the operational need/approval of the employer; or on off-duty time provided that they (1) are properly identified as material sponsored by the Union; (2) contain nothing that would identify them as official Management material or imply that they are sponsored or endorsed by Management; (3) are limited to matters of direct concern to employees in relation to the Union or Management; and (4) complies with the standards described in Section 1 above and (5) it does not restrict access in/out of other areas of the installation or disrupt other operations of the installation.

B. management agrees to allow the announcement of Union events on the public address system in accordance with the Communication Centers Standard of Operating Procedures (SOP).

SECTION 4. Copies of the approved agreement will be posted on MAMCs internal webpage for supervisors, management officials and all bargaining unit employees. Management will provide 500 copies of the approved agreement. An additional 150 copies in each of the second and third years of the agreement will be provided to the Union President. If the contract is extended, 50 copies can be made per year as needed.

SECTION 5. When aware and officially notified in writing by another non-exclusive labor union, Management shall not authorize any other labor organization to use meeting rooms controlled by MAMC to conduct meetings on the premises with employees in the bargaining unit, or to post literature on the MAMC bulletin boards until a valid timely challenge to the exclusive status of the Union has been presented and rules governing campaigning are established.

SECTION 6. New employees, as part of the orientation process, will be advised of their unrestrained right to join or refrain from joining an employee organization. Management will notify the Union of the date and time of the New Employee Orientation (NEO). The Union is responsible for the content, the methods and the delivery of its presentation. Management will in no way be required to produce, perform or provide the Union’s presentation. Management shall release the President or designee from duty for the time allotted for the Unions presentation.

ARTICLE 23

EQUAL EMPLOYMENT OPPORTUNITY

Management and the Union agree that there shall be no discrimination by management or the Union against employees because of race, color, religion, sex, national origin, age or physical or mental disability.

ARTICLE 24

DURATION OF AGREEMENT AND SUPPLEMENTAL AGREEMENTS

SECTION 1. This agreement shall remain in effect for three (3) years. Thereafter, this agreement shall remain in effect from year-to-year unless either party shall notify the other in writing not more than 120 calendar days or less than 30 calendar days before the expiration date of the agreement of its desire to terminate or renegotiate this agreement.

SECTION 2. Either party may request modification of this agreement by notifying the other party that a conference is desired for that purpose. Each party will also be limited to submitting one proposal at any one reopening conference. A proposal may consist of modifications, changes or additions to three articles or the addition of three new articles.

SECTION 3. By mutual written consent of both parties, this agreement may be opened for amendment or supplemental agreements. Any request for such amendment or supplemental agreements shall be in writing and must be accompanied by a summary of the amendments or supplement of the agreement proposed. Management and the union will meet to negotiate the matter as expeditiously as possible but in no case later than sixty (60) calendar days from the date of receipt of the proposal. No changes other than those proposed will be considered. Amendments or supplemental agreements shall be evidenced in writing, duly executed by both parties, and submitted for approval to the commander.

SECTION 4. When it becomes necessary for either Management of the Union to reopen or amend the agreement or to enter into supplements to this agreement, and an impasse has been reached, the item or items shall be set aside. After all negotiable items on which agreement can be reached have been disposed of; the parties shall once more attempt to resolve any existing impasse items.

SECTION 5. The parties shall jointly request the FCMS to provide mediation service. The costs of the services of the mediator, if any, shall be shared equally by the parties.

ANNEX

Union Official - An appointed or elected representative of the American Federation of Government Employees Local 1502.