WORKSTATION MOVES – Selection Criteria

#

Agency Position

NTEU Position

5.a

Agency proposes to select offices by grade and co-locate employees close to their supervisor, unless agreed upon otherwise. (sect.#3)

NTEU opposes and supports current office partnership determination of work space selection criteria.

5.b

Agency proposes to designate non-bargaining unit work space leaving the areas remaining for the bargaining unit.  (sect#2)

NTEU opposes and supports current successful and fair bargaining practices.

5.c
Moves

Agency proposes to only permit employees to move to a new workstation that is a significant improvement from their existing work station.. (sect#7.A,7.B)

NTEU counter-proposes that move eligibility criteria involves larger or windowed workstations and another criteria associated with improved performance in the new area. (5.2.2)

5.d

Agency proposes to implement moves before the conclusion of negotiations for an exigency.
(sect#8.C)

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TELEWORK

#

Agency Position

NTEU Position

54.a
Telework

Agency proposes to limit project-based telework to the same limited positions eligible for fixed schedule telework.  (54.4)

NTEU opposes and supports the existing opportunities for more employees to work on a project-basis with the approval criteria based on the specific project.

54.b

Agency proposes to require employees requesting project-based telework to complete the same forms as those requesting fixed-schedule telework.

NTEU opposes and supports the existing streamlined project-based telework process. 

54.c

Agency counters by stating all positions are eligible but certain work assignments or duties may not be eligible. (6/3/09)

NTEU proposes the agency maintain a list as they have in the past of all eligible positions for fixed-schedule telework. (54.4)

54.d

Agency is considering

54.e

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AGREEMENT
MEDICAL LEAVE

#

Agency Position

NTEU Position

20.a

Agency is considering

NTEU proposes to define a family member for Family Medical Leave Act (FMLA) entitlement as prescribed by law.

20.b

Agency currently has no computer automated method to provide employee this information and must manually extract this information from past years of HRMS time and attendance forms.

NTEU proposes the agency upon request provide employees with a statement of the beginning and ending dates of their FMLA 12-month leave year along with their remaining balance of FMLA leave.

20.c

Agency proposes to reduce existing 6 month maternity leave to 3 months.

WORK SCHEDULES

#

Agency Position

NTEU Position

31.a
Hours of Work

Agency proposes to eliminate employee CWS Monday or Friday day off option by declaring the supervisor’s assignment of the day off as nongrievable.

NTEU opposes

31.b

Agency proposes to add office coverage, and other factors to the existing criteria for denial of a Credit Hour day off.

NTEU opposes

31.c

Agency is considering

NTEU proposes to correct the core hours to be in accordance with existing forms, step 31.2.

31.d

Agency counter proposes with a modified NewFlex program. (6/3/09)

NTEU proposes to implement the NRO NewFlex pilot work schedule for the entire agency expanding work hours and making schedules more flexible, step 31.11.

31.e

31.f

Agency is considering

NTEU proposes to add the Expanded Compressed work schedule negotiated in the 2003 and published by Yellow Announcement, step 31.13.

31.g

Agency is considering

NTEU counters with 11:15 -1:45 based upon: 
5am earliest start plus 8hrDay+lunch making earliest departure=1:45pm, and
8pm latest departure plus 8hrDay+lunch making latest start 11:15am

Otherwise employees would have to alter their Wednesday start/departure time from other days in the week or work more than 8 hours on Wednesdays to cover the agency's proposed expanded core hours. (31.11.2)

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AGREEMENT
TRAINING

#

Agency Position

NTEU Position

28.a

Agency opposes

AGREEMENT
PROMOTIONS-Non-Competitive

23.a
Non-
Competitive
Promotion

Agency is considering

NTEU proposes the agency notify the union of accretion of duty promotions which bypassed the typical competitive process.

23.b

Agency is considering

NTEU proposes to remove conduct from consideration to deny a career promotion.

23.c

Agency is considering

NTEU proposes to reduce promotion to GG13-15 time-in-grade requirement to one year, the existing practice.

23.d

Agency proposes to eliminate promotion denial re-consideration intervals.

NTEU opposes

23.e

Agency proposes to eliminate a provision that prevents a promotion denial from being reflected in a subsequent performance appraisal.

NTEU opposes and supports existing policy since each is based upon a different grade and unrelated to each other.

23.f.

Agency proposes to eliminate the grievance provision for a promotion denial.

NTEU opposes

37.a
Within-
Grade

Agency proposes to eliminate the 60 day notice for denial of a scheduled within-grade increase.

NTEU opposes

37.b

Agency is considering

NTEU proposes to add reference to required counseling if a within-grade increase is denied.

37.c

Agency is considering

NTEU proposes to eliminate reference to conduct for within grade increase approval and rely solely on performance.

37.d

Agency is considering

NTEU proposes to require a quarterly review after a within-grade increase is denied.

26.a
Position
Descriptions

Agency proposes position descriptions describe regular duties.

NTEU proposes the position identify the grade-controlling duties.

26.b

Agency opposes

NTEU proposes the agency furnish employees with position benchmarks and classification standards prior to any desk audit.

26.c

Agency opposes

NTEU proposes to add bargaining obligation reference for certain position description changes.

26.d

Agency proposes to eliminate notification to the Union for position description changes.

NTEU opposes

26.e

PROMOTION – Competitive Selection

#

Agency Position

NTEU Position

22.a

Agency proposes to extend temporary promotions from 90 to 180 days as excluded from competitive selection procedures. (sect#4.A.5)

NTEU opposes since this extended time could provide an unfair advantage to the select employee for a future competitive selection.

22.b

Agency proposes to exclude position change from RIFF procedures (sect#4.A.2

CBA Article 38.

22.c

Agency is considering

NTEU proposes the agency provide a quarterly list of accretion of duty promotions including the basis for these promotions filled without competition, 22.3.9. (Similar to new 23.1.2 notice)

22.d

Agency views an employee can apply as an outside candidate under MD10.15 in addition to CBA procedures. (sect#5)

NTEU proposes that NRC employees are processed only under the CBA, step 22.4.2.

22.e

Agency proposes to reduce minimum posting from 16 days to 5 days. (sect#8)

NTEU opposes and supports the existing period to allow for employees on a two-week vacation or extended agency travel to apply.

22.f

Agency proposes to make the vacancy notice content only "normally" required. (sect#6)

NTEU opposes

22.g

Agency is considering

NTEU proposes that once posted, the closing date of a vacancy posting will not be changed to an earlier date, step 22.5.

22.h
Merit Selection

Agency proposes to reduce the area of consideration to the office versus existing geographic area, prohibiting employees from changing offices in headquarters when the conditions warrant, i.e. such as when an office is over their FTE budget. (sect#9)

NTEU counters permitting this when promulgated from an external event not under agency control.   
NTEU supports existing practices allowing all employees in the geographic area to apply for a promotion.  
Offices could begin grating intra-office promotions, when at their office FTE ceiling, based upon the least agency impact from the promoted employee's previous position not being backfilled, thus not promoting the "most" qualified candidate.

22.i

Agency proposes three categories for the rating process:
<5 applicants - no rating, all go to selecting official
5-10 applicants - one rating official
>10 applicants - two rating officials (i.e. panel) sect#12

NTEU counters with:
<3 applicants - no rating
3-10 applicants - one rating official
>10 applicants - two rating officials (i.e. panel).
22.9.1

22.j

Agency proposes to reduce the size of the rating panel from 3 to 2. (sect#12)

NTEU opposes and supports the current size.

22.k

Agency proposes to use tailored or generic crediting plans for all vacancies. (sect#13)

NTEU has conditionally agreed but the existing practice is to use tailored crediting plans for GG14/15 technical positions (series 800/1300).

22.l

Agency is considering.

NTEU proposes to average the rating scores from each rating panel member and not mandate that they meet face-to-face, step 22.13.

22.m

Agency is considering.

NTEU proposes for multiple vacancies that additional applicants are added to the Best Qualified List after each selection is made, step 22.16.2.

22.n

Agency is considering.

NTEU proposes that a selecting official interview all applicants if any interviews are conducted, step 22.17

22.o

Agency is considering

NTEU proposes that employees who are assigned to a temporary duty station and selected for a permanent position at that location be given 30 days notice to accept the promotion to continue their temporary travel expenses, step 22.18.

22.p

Agency proposes to eliminate the 90 day limit on the reuse of a selection certificate. (sect#15.E)

NTEU opposes to protect the opportunity and consideration of new applicants.

22.q

22.r

Agency is considering

NTEU proposes to prevent the practice of two selecting officials dividing up the interview responsibility for multiple selections to ensure all applicants is interviewed by each selecting official, step 22.17.

22.s

Agency is considering

NTEU proposes to expand the use of a priority consideration to all positions for which the employee is qualified, step 22.22.1.

22.t

Agency is considering

NTEU proposes the agency withdraw a premature posting when they forget to honor a priority consideration, step 22.22.3.

22.u

Agency is considering

22.v

22.w

NTEU proposes that outside candidates considered under MD10.5 must be at least equally qualified with no lower rating score than internal candidates, step 22.16.3.

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AGREEMENT
LABOR-MANAGEMENT COMMITTEES

#

Agency Position

NTEU Position

48.a

Agency proposes to eliminate labor-management discussion of EEO matters.

NTEU proposes to move this provision to CBA, Article 50 under the existing Labor Management Relations Committee

48.b

Agency opposes

NTEU proposes steward participation on existing EEO committees.

48.c

48.d

50.a

50.b

Agency is considering

NTEU proposes the existing provisions for a contractual Labor-Management Relations Committee be suspended if the Labor-Management Partnership Committee convenes.

50.c

Agency is considering

PAY / Benefits

#

Agency Position

NTEU Position

57.a
Pay

Agency is considering

NTEU proposes the pay structure remain with 15 grades and 10 steps per grade. (57.1)

57.b

Agency opposes this contract language.

NTEU proposes the annual pay adjustment be at least that of the national general schedule including locality adjustments. (57.2)

57.c.

Agency opposes this contract language.

NTEU proposes the parties memorialize all agency differences in pay from the general schedule system and agree future changes are subject to bargaining. (57.4)

57.d

Agency opposes this contract language.

NTEU proposes the existing policy for the agency to provide public transit subsidy be identified.( 57.2)

AWARDS

#

Agency Position

NTEU Position

29.a

Agency is considering

NTEU proposes the bargaining unit employee share of the award budget will be at least equal to their share of the Agency’s salary budget, step 29.1.

29.b
Awards

Agency is considering

NTEU proposes awards be directly related to performance appraisal rating scores which has been the past practice.  NTEU proposes an option for performance awards to be on a percentage of salary basis or fixed amount.  (29.2)

29.c

Agency proposed to eliminate the Union review of proposed performance awards. (29.4)

NTEU proposes to eliminate the Union review of proposed awards if the award direct connection to performance is implemented in 29.1 and 29.2.

29.d

Agency is considering while being concerned of the privacy aspects for small divisions or groups.

NTEU proposes the agency provide the Union an annual list of performance award data.

29.e

Agency is considering

NTEU proposes quality step increases be given to employees with consistent outstanding ratings as specifically stated, step 29.4.

29.f

Agency proposes to delete a provision that an instant cash award may not preclude a performance award. (29.8)

NTEU proposes that awards (instant cash, special act, service, group) or a prior promotion do not preclude a performance award.

29.g

Agency opposes

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  AGREEMENT
PERFORMANCE APPRAISALS

#

Agency Position

NTEU Position

27.a 

Agency proposes to eliminate the annual Union appraisal network announcement to employees.

NTEU opposes

27.b

Agency proposes to eliminate sending the Union copies of elements and standard changes.

NTEU opposes

27.c

Agency is considering

NTEU proposes to document existing MD policy to extend the rating period longer than 12 months for employees that have not worked for at least 120 days under a set of elements and standards, step 22.6.

27.d

Agency may consider this as an option at the discretion of the supervisor.

NTEU proposes to expand the use of interim close-out appraisals to when an employees gets a new supervisor which is beyond the current policy for new jobs or details/rotations, step 27.6.

27.e

Agency proposes to eliminate grievances for Outstanding performance appraisals

NTEU opposes since the situation is rare and an employee may want language within the appraisal corrected.

27.f

Agency opposes

NTEU proposes probationary employees receive performance assistance.

27.g

Agency proposes to identify that an employee can be removed without a period to improve under USC chapter 75.

NTEU acknowledges the agency right but strives to protect the improvement period before an employee is fired.

27.h

Agency opposes

NTEU proposes that a steward may assist the employee at the beginning of the improvement period and attend employee initial meetings with the supervisor.

27.i

Agency opposes

NTEU proposes to be present at all performance related action appeals, step 27.13.4.

27.j

Agency proposes that an appraisal grievance process will be reduced from informal plus two formal steps to a single formal step.

27.k

27.l

Conditional Agreement (Art. 39A & 39B)
Based on "Agency agreement" to remaining 11 Articles
APPEALS - Discipline or Adverse Actions

#

Agency Position

NTEU Position

39A.a

Agency proposes that oral or written counseling is not grievable.

NTEU opposes

39A.b
Discipline

Agency opposes

NTEU proposes a Douglas factor typical statement for supervisor consideration before assigning discipline since the actual Douglas factors only apply to adverse actions, step 39A.2.

39A.c

Agency opposes

NTEU proposes to be provided a copy of all proposed actions and decisions, step 39A.7.

39A.d

Agency proposes to eliminate the existing requirement that "higher-level" officials will make final decisions proposed by subordinates.

NTEU opposes

39A.e

Agency opposes

NTEU proposes the second copy of notices is for the employee’s Union representative, step 39.7.

39A.f

Agency opposes

NTEU proposes to eliminate consideration of any prior reprimands or admonishments that have expired when considering current discipline, step 39.8.2.

39A.g

Agency proposes to eliminate existing requirement to furnish employee information relied upon for the proposed discipline.

NTEU opposes

39A.h

Agency proposes to eliminate existing provision for the Union to discuss prior disciplinary cases semi-annually with the Agency.

NTEU opposes

39B. a
Adverse Actions

Agency is considering

NTEU proposes to list the Douglas Factors required to be considered when determining the appropriate penalty for an adverse action, step 39.3.

39B. b

Agency opposes

39B.c
Adverse Action
6/2/09)

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APPEALS - Grievance & Information Request

#

Agency Position

NTEU Position

51.a
Grievance

Agency proposes to eliminate the informal resolution phase and require employees to always initiate a "formal" grievance. (51.3).

NTEU opposes

51.b

Agency proposes to eliminate  employee appeal of many situations:
-awards amounts (sect#4.A.11
-performance improvement program (sect.4.A.15)
-proposed discipline (sect#4.A.15)

NTEU counters to retain grievability for awards  and supports the past existing practice which has not generated a significant number of cases.
(not excluded in 51.4)

51.c

Agency is considering

NTEU proposes the employee grievance process remain the exclusive administrative procedure for resolving employee concerns related to employment. (51.6)

51.d

Agency proposes a grievance becomes null and void when not containing required information as determined by the Agency.

NTEU opposes

51.e

Agency proposes grievances to be filed on a form with a provision for the Agency to remand the form back if not filled out to their satisfaction.

NTEU opposes

51.f

Agency counters by dropping the harsh termination for delayed meetings but still require the employee/steward to promptly appeal by the deadline after the lack of an agency timely grievance decision or be penalized with a terminated grievance, which would then prohibit arbitration.

NTEU proposes a grievance not be terminated when the agency fails to meet or render a decision within the specified agency time limits. (51.18)

51.g

Agency is considering

NTEU proposes a properly "terminated" grievance by the agency may be appealed at any step directly to Arbitration. (51.17)

51.h

Agency proposes to delay to Step 2, notice to the Union that a grievance is non-grievable. (sect#22)

NTEU permits this delayed notice only due to events that occurred between Step A and B which could not have been identified earlier by the Agency.  (51.23)

51.i

Agency proposes to eliminate the opportunity for the Union to amend a grievance after the agency has alleged that it is non grievable.

NTEU opposes

45.a
Information

Agency counters with language providing options to the supervisor to not communicate certain retained information promptly with the employee but delay sharing the information until right before the "use" of the information, (e.g. discipline action)

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APPEALS - Arbitration

#

Agency Position

NTEU Position

52.a

Agency proposes to reduce the time the Union files for Arbitration in half.

NTEU opposes

52.b
Arbitration

Agency is considering

NTEU proposes the cost for obtaining an arbitrator list from FMCS be shared equally. (52.3.2)

52.c

Agency is considering

NTEU proposes expedited arbitration where a bench decision is render to reduce the cost and time for certain specified situations. 

52.d

Agency proposes to eliminate arbitrator authority for:
-unsupported issues lacking reference to underlying facts & circumstances. (M4-52.5.4.6)

NTEU opposes since this proposal is based upon an allegation that NTEU stewards are not clear in their initial grievance filing.  Stewards are permitted to present the details and supporting evidence during the grievance meeting.

52.e

Agency proposes when an arbitration cancellation or rescheduling is unilateral, to assign fees to the requesting party. (52.3.11)

NTEU opposes since this unilateral cancellation is rare. (52.3.9)

52.f

Agency proposes witness lists be exchanged 15 days before the arbitration.52.3.9)

52.g

Agency proposes when a grievance is declared non-grievable by the agency, the arbitrator must issue a separate decision on the grievability issue prior to hearing the merits of the case extending the appeal process considerably. (52.3.7)

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AGREEMENT
UNION ADMINISTRATION – Coverage/Management Rights

#

Agency Position

NTEU Position

2.a

Agency opposes and may take the position that a situation covered by a management directive and not the collective bargaining agreement may not be under Union jurisdiction for appeal.

NTEU proposes to require the agency to implement policy outside the Collective Bargaining Agreement (CBA) in a fair and consistent manner.  Without this statement, the Union would be forced to considerably expand the areas covered by the CBA.

2.b

Agency proposes to move two sections (Merit system Principles and Prohibited Personnel Practices) to an attachment.

AGREEMENT
UNION ADMINISTRATION – Steward Attendance at Office/Division Meetings

#

Agency Position

NTEU Position

4.a

Agency proposes the Union waive NRC annual Marriott (previous white-tent) meeting participation rights.

NTEU opposes

4.b

Agency proposes to reduce formal meeting notice to the Union from 3 days to 24 hours.

NTEU opposes a reduction in advanced notice but will agree to less notice during an emergency.

UNION ADMINISTRATION – Steward Time

#

Agency Position

NTEU Position

8.a

Agency proposes to reduce by half steward official time for headquarter Union representatives.

NTEU opposes and supports current language since NTEU's steward use of official time at the NRC is one of the lowest in the nation.

8.b
Official
Time

Agency proposes to require agency special agreement for a 2nd steward for more serious appeals. (8.5.5)

NTEU opposes 

8.c

Agency proposes to eliminate steward official time traveling for bank time functions.

NTEU opposes and supports existing policy.

8.d

Agency proposes to eliminate a pool of 120 hours for steward labor-management relations training.

NTEU opposes and supports existing policy.

8.e

Agency proposes to restrict union representation to one steward for discipline.

NTEU opposes. 

8.f

Agency supports existing language which limits union bargaining representatives to two.

NTEU proposes the number of Union bargaining representatives to be equal to management’s representatives.

8.g

8.h

8.i
Official Time
6/30/09

Conditional Agreement (Art.10-Services)
Based on "Agency agreement" to remaining 11 Articles
UNION ADMINISTRATION - Communication

#

Agency Position

NTEU Position

9.a

Agency proposes to eliminate the auxiliary Union office in TWFN.

NTEU opposes

9.b

Agency proposes to eliminate a provision to provide stewards with a lockable desk or file cabinet.

NTEU opposes

9.c

Agency proposes to eliminate the Union’s use of network announcements to communicate with employees.

NTEU opposes and seeks alternative methods to use email when the agency refuses to issue Union announcements.

10.a

Agency opposes and has a 5+ year plan to update all management directives to the hundreds of policy changes spanning Yellow Announcements back to 1976.  After this update is complete, the agency would still be left without a mechanism to link future policy changes to the correct management directive.

NTEU proposes to clarify Management Directive policy notification language to link Yellow Announcement policy change to the affected original document. This would permit employees with one place to identify all policy on a particular subject which does not now currently exist.  (10.8)

10.b
4/22/09

11.a

Agency proposes to eliminate existing provision that permits the Union to transmit information on the agency’s closed circuit TV system.

NTEU opposes

AGREEMENT
UNION ADMINISTRATION - Dues

#

Agency Position

NTEU Position

13.a

Agency proposes to have the payroll provider (DOI) dictate the format of dues computer data which may not be compatible with NTEU computer systems.

NTEU opposes and supports the transmission of computer data related to dues in the existing format.

13.b

Agency proposes to eliminate certain dues withholding codes.

NTEU opposes and supports the existing codes.

13.c

Agency proposes to allow the payroll provider an unspecified time to implement new dues withholding amounts.

NTEU opposes and supports existing one pay-period requirement limiting to just a single change a year. The Union has not requested a change in the past 10 years and is not planning any.

13.d

Agency proposes to eliminate notification of the Union with a list of employees involuntarily canceling dues withholding.

NTEU opposes and supports existing notification policy.

13.e.

AGREEMENT
UNION ADMINISTRATION – Bargaining Policy Change

#

Agency Position

NTEU Position

49.a

Agency proposes to reduce the notice period to the Union for a change from 15 days to 10 days.

NTEU opposes

49.b

Agency opposes

NTEU proposes to insert an agency briefing between frequently inadequate agency notices of proposed changes and the deadline to invoke bargaining.

49.c

Agency proposes language describing a condition which the agency may implement a change without completing negotiations with the Union.

NTEU is opposed to the language but agrees to the agency right to implement certain changes which is supported by case law.

49.d

Agency proposes future agreements contain a duration which could be identified as "indefinite".

NTEU opposes since all past agreements have had no expiration date.

49.e

Agency proposes agreements needing renegotiation after review by the EDO necessitate action by the Union within 5 days.

NTEU proposes 15 days.

49.f

Agency opposes

NTEU proposes an annual agency notice to employees concerning bargaining obligations of policy changes.

49.g

AGREEMENT
UNION ADMINISTRATION – Contract Bargaining

#

Agency Position

NTEU Position

53.a

Agency proposes to eliminate mid-term (2 year) partial contract negotiations.

NTEU opposes

53.b

Agency proposes to clarify term negotiation procedures.